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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 20, 2022 No. 905

About approval of form of the standard agreement on rendering by the operator services in carrying out transactions in the register of carbon units

According to part 5 of article 10 of the Federal law "About Emission Limitation of Greenhouse Gases" Government of the Russian Federation decides:

1. Approve the enclosed form of the standard agreement on rendering by the operator services in carrying out transactions in the register of carbon units.

2. This resolution becomes effective since September 1, 2022.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of May 20, 2022 No. 905

Form of the standard agreement on rendering by the operator services in carrying out transactions in the register of carbon units the agreement and rendering by the operator services in carrying out transactions in the register of carbon units

I. The concepts used in the contract for rendering by the operator services in carrying out transactions in the register of carbon units

1. For the purpose of the contract for rendering by the operator services in carrying out transactions in the register of carbon units (further - the Agreement) the following basic concepts are applied:

"the agreement of exchange of documents" - the agreement on exchange of electronic documents signed between the operator and the client;

"statement" - the application of the client signed by the strengthened qualified digital signature based on which transactions in the register of carbon units, except for transactions with carbon units on the account in the specified register are performed;

"client" - the participant of the address of carbon units who signed the Agreement;

"marking" - allocation from the carbon units which are available for the client on the account in the register of carbon units which turnover is performed (it is planned to perform) at the organized biddings;

"operator" - the legal entity performing maintaining the register of carbon units;

"operational day" - period of time during which the operator renders services;

"the organizer of trade" - person rendering services in carrying out the organized biddings;

"order" - the order of the client on carrying out transaction with carbon units on the account in the register of carbon units certified by the strengthened qualified digital signature;

"the register of agreements" - the register of the agreements signed at the organized biddings which is kept by the organizer of trade according to part 14 of article 5 of the Federal law "About the Organized Biddings";

"website" - the official site of the operator on the Internet;

"the transaction with carbon units" - the agreement or other transaction according to the Civil code of the Russian Federation made for the purpose of transfer of carbon units;

"party" - operator and (or) the client (jointly referred to as with the parties);

"rates" - the size of service fee of the operator calculated according to procedure for determination of payment for rendering the services by the operator established according to part 5 of article 10 of the Federal law "About Emission Limitation of Greenhouse Gases" (further - the Federal Law), and posted on the website;

"services" - services in carrying out transactions in the register of carbon units, including transactions with carbon units on the account in the specified register;

"participant" - the participant of the address of carbon units planning to sign the Agreement;

"accounting documents" - source accounting documents (accounts, documents on the rendered services, other documents, stipulated by the legislation the Russian Federation or the Agreement), forms and documents of tax accounting (in the presence), including invoices, corrective invoices.

2. Other concepts of the Agreement are used in the values determined by the legislation of the Russian Federation.

II. Subject of the agreement

3. According to the Agreement the operator renders to the client of service, and the client accepts and pays services according to rates.

III. Procedure for rendering services

4. Rendering services is performed according to Rules of creation and maintaining the register of carbon units, and also carrying out transactions with the carbon units in the register of carbon units approved by the order of the Government of the Russian Federation of April 30, 2022 No. 790 "About approval of Rules of creation and maintaining the register of carbon units and also carrying out transactions with carbon units in the register of carbon units" (further - Rules), and with the features provided by the Agreement.

5. Execution of statements and (or) orders of the client is performed by the operator during the operational day. Information on time of the beginning and the termination of operational day, and also the temporary restrictions connected with rendering services is posted on the website.

6. Within 5 working days from the date of the conclusion of the Agreement the operator opens for the client the account in the register of carbon units, stipulated in Item the 14th article 2 of the Federal Law (further - the account in the register of carbon units).

7. The account number in the register of carbon units is unique, is appropriated once and cannot be changed, is not reused. No more than one account in the register of carbon units are opened for the client.

8. Within 5 working days from the date of agreement cancelation the operator closes to the client of accounts in the register of carbon units.

IV. Procedure for carrying out account transactions in the register of the carbon units connected with implementation of bargains with carbon units which are concluded at the organized biddings

9. The account transactions in the register of carbon units connected with implementation of bargains with carbon units which are concluded at the organized biddings are performed based on the register of agreements. The register of agreements is created by the organizer of trade and goes to the operator. The client recognizes the register of agreements as the order.

10. The client independently submits the operator the application about marking or about the marking termination.

The request is signed by the strengthened qualified digital signature and goes to the operator with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal).

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