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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 7, 2022 No. 775

About assignment of special obligations on the participants of the market of electrical energy performing transactions on export of electrical energy for providing public concerns in the course of functioning of the market of electrical energy during action of warlike situation

According to article 62 of the Law of Ukraine "About the market of electrical energy" and 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 the participants of the market of electrical energy performing transactions on export of electrical energy for providing public concerns in the course of functioning of the market of electrical energy during action of warlike situation which is applied.

2. Bring in the Regulations on assignment of special obligations on participants of the market of electrical energy for providing all-public concerns in the course of functioning of the market of electrical energy approved by the resolution of the Cabinet of Ministers of Ukraine of June 5, 2019 No. 483 (The Official Bulletin of Ukraine, 2019, No. 49, Art. 1658; 2021, No. 67, the Art. 4232), change which is applied.

2-1. Requirements of the Provision approved by this resolution regarding receipt of service in safety of delivery of electrical energy according to service provision agreements on safety of delivery of electrical energy by exporters of electrical energy do not extend to the guaranteed buyer when implementing export of electrical energy.

3. This resolution becomes effective from the date of its publication and is effective about day of the termination or cancellation of warlike situation.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 7, 2022 No. 775

Regulations on assignment of special obligations on the participants of the market of electrical energy performing transactions on export of electrical energy for providing public concerns in the course of functioning of the market of electrical energy during action of warlike situation

1. For the purpose of ensuring general economic interest in electric power industry of Ukraine, necessary for satisfaction of interests of citizens, society and the state, and ensuring sustainable long-term development of electric power industry and competitiveness of national economy on participants of the market of electrical energy according to article 62 of the Law of Ukraine "About the market of electrical energy" according to the procedure, provided by this Provision, are temporarily assigned special obligations.

This Provision 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 agreement parties on organization of Energy Community and member states of the European Union.

2. In this Provision terms are used in the value given in the Law of Ukraine "About the market of electrical energy".

3. The residential customers determined in Regulations on the assignment of special obligations on participants of the market of electrical energy for providing all-public concerns in the course of functioning of the market of electrical energy approved by the resolution of the Cabinet of Ministers of Ukraine of June 5, 2019 No. 483 treat categories of consumers which special obligations concern (The Official Bulletin of Ukraine, 2019, No. 49, Art. 1658; 2021, No. 67, Art. 4232).

4. Nation-wide interest for which ensuring special obligations are assigned to participants of the market of electrical energy consists in rendering services in safety of supply of electrical energy in the direction of smooth functioning of the market of electrical energy according to the Rules about safety of deliveries of electrical energy approved by the Ministry of Energy (further - service in safety of supply of electrical energy), and in rendering services in ensuring availability of the electric power to residential customers.

Special obligations are assigned to such participants of the market of electrical energy:

the subjects of managing performing export of electrical energy to member states of the European Union (further - exporters of electrical energy);

the guaranteed buyer;

operator of system of transfer;

suppliers of universal services.

5. Treats special obligations:

1) provision to the exporters of electrical energy of services in safety of supply of electrical energy guaranteed by the buyer according to service provision agreements on safety of supply of electrical energy to exporters of electrical energy (further - agreements on safety) in approximate form according to appendix and implementation of payment of such services by exporters of electrical energy;

2) provision of the system of transfer by the operator to the guaranteed buyer of information of rather hourly export volumes of electrical energy according to the nominations of the physical right to transfer taking into account reduction of the physical right to transfer, and also deprivations of the physical right of the exporter to transfer of electrical energy and restriction of access to participation in auctions for distribution of handling capacity of interstate sections of exporters of electrical energy in cases provided by this Provision;

3) the direction suppliers of universal services of the means received from the guaranteed buyer according to this Provision is exclusive on covering of obligations to the guaranteed buyer, the operator of system of transfer, operators of systems of distribution, other participants of the market of electrical energy agrees to the agreements signed by suppliers of universal services and individual costs of such suppliers.

6. The cost of service in safety of delivery of electrical energy (BP) is determined for each exporter of electrical energy by each country to which export, on the following formula is performed:

VP = 0, 8 x (D-in),

where D - contingent gain of the exporter of electrical energy from implementation of transactions on export of the electric power from Ukraine to member states of the European Union for the corresponding settlement month, hryvnias;

In - expenses of the exporter of electrical energy on implementation of transactions on export of the electric power from Ukraine to member states of the European Union for the corresponding settlement month, hryvnias.

The contingent gain of the exporter of electrical energy from implementation of transactions on export of the electric power from Ukraine to member states of the European Union is determined by formula:

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