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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 27, 2019 No. 1175

About introduction of competitive conditions of production incentive of electrical energy from alternative energy sources

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 02.08.2022 No. 889)

According to the paragraph to the twentieth 1, to parts eleven and the thirteenth article 9-3 of the Law of Ukraine "About alternative energy sources" the Cabinet of Ministers of Ukraine decides Article parts one:

1. Approve enclosed:

Procedure for holding auctions for distribution of quota of support;

Procedure for selection of operators of electronic platforms for holding auctions for distribution of quota of support.

2. Determine the state company "Prozorro. Sales" which belongs to the sphere of management of the Ministry of Economics, responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system.

3. It is excluded

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 27, 2019, No. 1175

Procedure for holding auctions for distribution of quota of support

General provisions

1. This Procedure determines procedure of preparation and holding the auction for distribution of quota of support (further - auction) for stimulation of electric power producers from alternative energy sources (except the domain and coked gases, and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations) with use of electronic trading system, introduction and return of the irrevocable bank guarantee, requirement to the banks providing irrevocable bank guarantees, procedure for functioning of electronic trading system and determination of the winner by results of holding the auction, procedure for the conclusion and publication of the purchase and sale agreement in electronic trading system the size and payment procedure of remuneration to operators of the authorized electronic platforms and regulates other questions of holding auctions.

Subjects of managing which intend to make and/or make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - only micro, pass hydroelectric power stations and small hydroelectric power stations), cannot participate in auctions for those power generation facilities or queues of construction (start-up complexes) of power generation facilities concerning which the "green" rate was established earlier or the right to support by results of auction is acquired or any other support and/or compensation for expenses according to article 62 of the Law of Ukraine "About the market of electrical energy" was provided/is provided.

2. In this Procedure terms are used in such value:

1) authorization data - the identification data created by the participant during passing of registration in electronic trading system with use of the authorized electronic platform by means of which check of its powers on access to personal account and making of any actions in electronic trading system is made for participation in auctions;

2) the authorized electronic platform - electronic platform which operator underwent the procedure of selection according to the Procedure for selection of operators of electronic platforms for holding auctions for distribution of quota of support approved by the resolution of the Cabinet of Ministers of Ukraine of December 27, 2019 No. 1175 (The Official Bulletin of Ukraine, 2020, No. 10, of the Art. 388), signed with the administrator of electronic trading system the usage agreement of electronic trading system and with the guaranteed buyer the agreement on holding electronic auctions on distribution of quota of support between the customer of auction and the operator of an electronic trading platform;

3) auction with the parcels of land - auction at which for construction of facilities of renewable power the parcels of land with certain technical parameters and specifications on accession to power network are offered;

4) auction for other alternative energy sources - auction for distribution of quota of support for other alternative energy sources (except wind energy, energy of sunlight, the domain and coked gases, and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations);

5) auction of the closed type - the auction in which from the moment of activation of the module of auction until completion of auction by electronic trading system it is not displayed (is not published) any information provided by participants in statements for participation or documents attached to them and also price offers which were changed during the time allowed for updating of such offers;

6) auction of open type - the auction in which from the moment of activation of the module of auction until completion of auction in electronic trading system it is displayed (is published) the smallest price offer among the urgent price offers submitted all participants of auction;

7) the bank guarantee for ensuring obligation fulfillment under the agreement - method of ensuring accomplishment by the subject of managing which by results of auction acquired the right to support, agreement obligations of purchase and sale in the form of the irrevocable bank guarantee in the amount of and on the conditions provided by the Law of Ukraine "About alternative energy sources" (further - the Law) and this Procedure;

8) the bank guarantee for participation in auction - method of ensuring execution by the participant of obligations on participation in auction in the form of the irrevocable bank guarantee in the amount of and on the conditions provided by the Law and this Procedure which is provided by subject of managing which has intention to participate in auction;

9) capacity size - the size of capacity of power generation facility or queue of construction (start-up complex) of power generation facility concerning which the participant intends to acquire the right to support;

10) the purchase and sale agreement - the purchase and sale agreement of electrical energy between the guaranteed buyer and the subject of managing who by results of auction acquired the right to support which standard form affirms NKREKP;

11) additional annual quota of support - amount of capacity of power generation facilities which make electrical energy from alternative energy sources which can be established in addition to annual quota of the support determined in the decision of the Cabinet of Ministers of Ukraine on holding auctions in the corresponding year;

12) individual code of the participant - set of figures and letters automatically appropriated by electronic trading system to the participant after its registration for participation in auction;

13) lot - part of annual quota of support and/or additional annual quota of support of subjects of managing which make electrical energy from alternative energy sources, determined for distribution at auction for separate alternative energy source. In case of holding the auction with the parcels of land lots are created separately on each site or several parcels of land if it is necessary for functioning of object of renewable power. In case of holding technology neutral auction or auction for other alternative energy sources lot is created without its determination on separate alternative energy sources;

14) the announcement of holding the auction - the data and information containing data on lot, date, time and conditions of holding the auction which is published in electronic trading system and on websites of operators of the authorized electronic platforms;

15) personal account - part of electronic trading system which is provided by the operator of the authorized electronic platform and gives the chance to the guaranteed buyer, the subject of managing who has intention to participate in auction, the participant to perform activities in electronic trading system according to requirements of this Procedure;

16) the winner - the participant who acquires the right to support in production of electrical energy from alternative energy sources (except the domain and coked gases and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations) by results of auction;

17) the applied program interface - the interface of programming of appendices, access to which is provided as open code which determines functionality which is provided by electronic trading system, and is intended for connection of the authorized electronic platforms (operators of the authorized electronic platforms) in electronic trading system;

18) service - the software identified to the technical address which performs interaction of information systems in case of data exchange necessary for provision of the state service in electronic form, and has the standardized interfaces. Services can interact with each other, with third-party applications by means of the electronic messages which are based on protocols of interservice interaction and with end users via graphical interfaces;

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