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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 19, 2022 No. 812

About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market concerning features of supply of natural gas to producers of heat energy and budgetary institutions

According to article 11 of the Law of Ukraine "About the natural gas market", to 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 providing public concerns in the course of functioning of the natural gas market concerning features of supply of natural gas to producers of heat energy and budgetary institutions which is applied.

2. Bring in Item 21-1 of the Procedure for the forming of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water approved by the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869 "About ensuring single approach to forming of rates for utilities" (The Official Bulletin of Ukraine, 2011, No. 62, Art. 2472; 2019, No. 30, Art. 1069; 2020, No. 49, Art. 1538; 2021, No. 50, the Art. 3077), change which is applied.

3. To the ministry of development of communities and territories:

To approve 1) for supply of natural gas on the terms of the Provision approved by Item 1 of this resolution till July 25, 2022:

to producers of heat energy (except associations of co-owners of the apartment house, building (housing, servicing) cooperatives, managing apartment houses) - the fixed amounts of natural gas which will be used for production of heat energy for needs of rendering delivery services of heat energy and supply of hot water (and/or for delivery of heat energy as products) to the population and separately budget organizations / organizations and the religious organizations, the companies, organizations and the organizations which are in management of Public administration of cases;

to associations of co-owners of the apartment house, building (housing, servicing) to the cooperatives managing apartment houses (according to their statement) - the fixed amounts of natural gas which will be used for production of heat energy for needs of heating and supply of hot water to budget organizations / organizations and the religious organizations.

The fixed amounts of natural gas are determined by the Ministry of development of communities and territories in monthly breakdown for the period from August 1, 2022 to March 31, 2023 (inclusive) at the level which is 10 percent less than the total fixed amounts of natural gas which were provided to the relevant producers of heat energy by terms of the contract of supply of natural gas for 2021-2024, with limited liability company "The gas supplying company "Naftogaz Trading" from August 1, 2021 till March 31, 2022 (taking into account the signed supplementary agreements).

Determination and approval by the Ministry of development of communities and the territories of the fixed amounts of natural gas for the period from August 1, 2022 to March 31, 2023 (inclusive) for: producers of heat energy which production capacities (divisions) as a result of carrying out military (fighting) operations are destroyed underwent considerable destructions or damages in this connection the sales amount of heat energy and the corresponding utilities which are made with use of natural gas decreases/increases in comparison with previous periods, at least, by 30 percent; producers of heat energy which are placed in the territories which are located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking); producers of heat energy which after April 1, 2022 received additional production capacities for production of heat energy with use of natural gas it is performed taking into account influence of the specified circumstances on the predicted amount of consumption of natural gas by such producers of heat energy for satisfaction by them of needs of consumers for heat energy, delivery services of heat energy and supply of hot water;

2) to approve procedure for determination and approval of the fixed amounts of natural gas for the period from August 1, 2022 to March 31, 2023 (inclusive) for producers of heat energy which intend to acquire natural gas at limited liability company "the Gas-supplying company "Naftogaz Trading" in the conditions of assignment on it special obligations.

4. This resolution becomes effective since August 1, 2022 and is effective till March 31, 2023 (inclusive), except Item 3 of this resolution which becomes effective from the date of publication of this resolution.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 19, 2022 No. 812

Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market concerning features of supply of natural gas to producers of heat energy and budgetary institutions

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 implementation of supply of natural gas to consumers on condition of observance of requirements of the legislation;

does not deprive of producers of heat energy of the right to choose the supplier of natural gas and the right to acquire natural gas at the prices which are freely established by agreement parties of supply of natural gas according to the Law of Ukraine "About the natural gas market";

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.

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