Unofficial transfer (c) Soyuzpravoinform LLC
of May 31, 2022 No. 637
About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for ensuring common interests in the course of functioning of the natural gas market concerning features of supply of natural gas to producers of heat energy
According to article 11 of the Law of Ukraine "About the natural gas market", the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:
1. Approve Regulations on assignment of special obligations on subjects of the natural gas market for ensuring common interests in the course of functioning of the natural gas market concerning features of supply of natural gas to producers of heat energy which is applied.
2. To the ministry of development of communities and territories to the 10th following after month of supply of gas to approve to producers of heat energy information on the amounts of the consumed gas necessary for provision of services on hot water supply.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 31, 2022 No. 637
1. This Provision determines amount and conditions of accomplishment of special obligations which are assigned to subjects of the natural gas market for providing all-public concerns in the course of functioning of the natural gas market (further - special obligations), in particular, for ensuring stability, proper quality and availability of natural gas, maintenance of due level of safety of its delivery to consumers without threat of the first-priority purpose of creation of the full-fledged natural gas market based on the principles of free competition to observance of pro-rata rules, transparency and nondiscrimination.
2. This Provision:
it is applied by transparent and non-discriminatory method and does not limit the right of the subjects of managing formed according to the legislation of other states parties of Energy Community, in particular, the right to supply activity of natural gas to consumers on condition of observance of requirements of the legislation;
does not deprive of suppliers of natural gas, in particular, with special obligations, it is right to choose freely the wholesale seller of natural gas for needs of their economic activity.
3. In this Provision terms are used in the value given in the Law of Ukraine "About the natural gas market", the Rules of supply of natural gas approved by the resolution of NKREKP of September 30, 2015 No. 2496.
4. This Provision assigns special obligations:
1) Gas Supplying Company Naftogaz Trading LLC - on ensuring realization of natural gas under agreements with producers of heat energy on conditions, stipulated in Item the 5th this provision;
2) NAK Naftogaz Ukrainy - on providing Gas Supplying Company Naftogaz Trading LLC with the natural gas resource necessary for ensuring accomplishment of special obligations according to this Provision, on conditions, stipulated in Item the 7th this provision;
5. From June 1, 2022 to August 31, 2022 (inclusive) Gas-supplying Company Naftogaz Trading LLC implements natural gas to producers of heat energy, including for associations of co-owners of apartment houses, building (housing) cooperatives, managing apartment houses in the amounts necessary for rendering services in hot water supply, at the price of 7420 hryvnias including tax for value added for 1 thousand cubic meters of gas. Also the rate for transportation services of natural gas and coefficient which is applied in case of the order of capacity for the days ahead is added to the price.
If according to Provision Item 6 the delivery agreement of natural gas was not signed or Gas Supplying Company Naftogaz Trading LLC stopped supply of natural gas according to such agreement, it is considered that such consumer has no supplier with special obligations to whom the Cabinet of Ministers of Ukraine in accordance with the established procedure assigns obligations to deliver natural gas.
6. The producer of heat energy has the right since June 1, 2022 for the purposes of rendering delivery services of hot water to acquire natural gas at Gas-supplying Company Naftogaz Trading LLC in case of accomplishment of the following conditions:
the conclusions with Gas Supplying Company Naftogaz Trading LLC of the agreement on termination since June 1, 2022 of delivery agreements of natural gas for 2021-2024;
the conclusions the producer of heat energy of the contract of delivery of natural gas with Gas Supplying Company Naftogaz Trading LLC according to the legislation.
7. From June 1, 2022 to August 31, 2022 (inclusive) the NAK Naftogaz Ukrainy implements Gas-supplying Company Naftogaz Trading LLC the amounts of natural gas necessary for ensuring accomplishment of the special obligations provided by this Provision at the prices at which gas according to Item 5 of this provision is implemented by the specified societies.
8. The Ministry of Energy reports to the Secretariat of Energy Community about the course of implementation of the actions provided by this Provision.
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