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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 18, 2019 No. 840

About department of activities for transportation of natural gas and ensuring activities of the operator of gas-transport system

(as amended on 15-11-2019)

In obligation fulfillment of Ukraine within Energy Community and according to article 27 of the Law of Ukraine "About the natural gas market" the Cabinet of Ministers of Ukraine decides:

1. Choose model of department of activities for transportation of natural gas, the stipulated in Article 27 Laws of Ukraine "About the natural gas market" as model of department for the operator of gas-transport system which is in state-owned property and is not subject to privatization.

2. Determine that the "Operator of Gas-transport System of Ukraine" limited liability company has the right to give to the National commission performing state regulation in spheres of power and utilities, request for certification of the operator of gas-transport system.

3. Approve the actions plan on fulfillment of requirements about isolation and independence of the operator of gas-transport system who is applied.

4. Item 1 of the Regulations on procedure for transfer of objects of the right of state-owned property approved by the resolution of the Cabinet of Ministers of Ukraine of September 21, 1998 No. 1482 "About transfer of objects of the right of the state-owned and utility property" (The Official Bulletin of Ukraine, 1998, No. 38, Art. 1405; 2002, No. 11, Art. 523; 2007, No. 73, Art. 2716; 2011, No. 30, the Art. 1309) to add with the paragraph of such content:

"Action of this provision does not extend to the objects of state-owned property used in the course of implementation of activities for transportation of natural gas by bulk distribution lines in case of transfer of such objects according to the decision of the Cabinet of Ministers of Ukraine for the purpose of fulfillment of requirements about isolation and independence of the operator of gas-transport system.".

5. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

6. To the ministries, other central executive bodies according to competence to take the measures necessary for execution of this resolution.

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 18, 2019, No. 840

The actions plan on fulfillment of requirements about isolation and independence of the operator of gas-transport system

1. Submit for consideration of the Cabinet of Ministers of Ukraine the bill of introduction of amendments to some laws in connection with isolation of activities for transportation of natural gas and provide its maintenance in the Verkhovna Rada of Ukraine for the purpose of its priority acceptance.


Ministry of Economics, Department of Energy and environment protection, Ministry of Finance, Ministry of Justice.


Till October 10, 2019.

2. Take in the procedure established by the legislation measures to increase in the authorized capital of Operator of Gas-transport System of Ukraine LLC for the purpose of possibility of execution by society of functions of the operator of gas-transport system by alienation of JSC Ukrtransgaz of own non-current and current tangible assets used in the course of implementation of activities for transportation of natural gas by bulk distribution lines.


NAK Naftogaz Ukrainy, Ministry of Economics.


December 1, 2019.

3. Perform inventory count and revaluation of property which is in state-owned property and is used in the course of implementation of activities for transportation of natural gas by bulk distribution lines, as of October 1, 2019 according to the Law of Ukraine "About assessment of property, property rights and professional estimative activity in Ukraine" which are not used for determination of regulatory base of assets in case of application of the stimulating regulation and to provide information on results in the Department of Energy and environment protection and the Ministry of Finance.

NAK Naftogaz Ukrainy,
Department of Energy and
environment protection, Ministry of Economics.

November 25, 2019.

4. Provide carrying out in the procedure for independent assessment of share in the authorized capital of Operator of Gas-transport System of Ukraine LLC established by the legislation with involvement of the subject of estimative activities for the purpose of its alienation and reviewing of the valuation report of property.


NAK Naftogaz Ukrainy, Ministry of Economics, Fund of state-owned property.


Till December 1, 2019.

5. Develop and submit for approval the Cabinet of Ministers of Ukraine the draft agreement of purchase and sale of share in the authorized capital of Operator of Gas-transport System of Ukraine LLC in the amount of 100 percent of the authorized capital between JSC Ukrtransgaz and JSC Magistralnye gazoprovody Ukrainy with the condition suspensive on transition since January 1, 2020 of the rights to share in the authorized capital and on the terms of payment payment by installments for a period of 15 years and establishment of the dynamic price calculated according to results of activities of Operator of Gas-transport System of Ukraine LLC on the formula approved with the parties.


NAK Naftogaz Ukrainy, JSC Magistralnye gazoprovody Ukrainy, Ministry of Economics, the Ministry of Finance, NKREKP (under approval).


November 1, 2019.

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