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Ministry of Justice of Ukraine

August 15, 2022

No. 919/38255

ORDER OF THE MINISTRY OF DEVELOPMENT OF COMMUNITIES AND TERRITORIES OF UKRAINE

of August 11, 2022 No. 147

About approval of the Procedure for determination and approval of the Fixed amounts of natural gas for producers of heat energy which intend to acquire natural gas at Gas-supplying Company Naftogaz Trading LLC in the conditions of assignment on it special obligations

(as amended on 30-03-2023)

According to article 11 of the Law of Ukraine "About the natural gas market", to the Presidential decree of Ukraine of February 24, 2022 No. 64 "About introduction of warlike situation in Ukraine", to Item 3 of the Regulations on the Ministry of the development of communities and the territories of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of April 30, 2014 No. 197 (in edition of the resolution of the Cabinet of Ministers of Ukraine of September 25, 2019 No. 850), to the subitem 2 of Item 3 of the 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",

I order:

1. Approve the Procedure for determination and approval of the Fixed amounts of natural gas for producers of heat energy which intend to acquire natural gas at Gas Supplying Company Naftogaz Trading LLC in the conditions of assignment on it special obligations.

2. To department of utilities and public service (Bear And.) together with Legal department (Huzul V.) in accordance with the established procedure to provide submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective since September 1, 2022, but not earlier than day of its official publication.

4. To impose control of execution of this order on the deputy minister Natalya Hotsyanovskaya.

Minister

A. Chernyshev

Approved by the Order of the Ministry of development of communities and the territories of Ukraine of August 11, 2022, No. 147

Procedure for determination and approval of the Fixed amounts of natural gas for producers of heat energy which intend to acquire natural gas at Gas Supplying Company Naftogaz Trading LLC in the conditions of assignment on it special obligations

I. General provisions

This Procedure establishes the procedure of determination and approval of the Ministry of Infrastructure of 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) (further - the Fixed amounts of natural gas) 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.

II. Procedure for determination of the Fixed amounts of natural gas

1. The fixed amounts of natural gas are determined in monthly breakdown for the period from September 01, 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 under the terms of the delivery agreement of the natural gas for 2021 - 2024 signed with limited liability company "the Gas-supplying company "Naftogaz Trading" from August 01, 2021 till March 31, 2022 (taking into account the signed supplementary agreements).

2. In case the company falls under the criteria determined by the paragraph the fifth and the paragraph the sixth the subitem 1 of Item 3 of the 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 all-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" (further - the Resolution No. 812), determinations and approvals of the Fixed amounts of natural gas for the period from September 01, 2022 to March 31, 2023 (inclusive) for:

1) producers of heat energy which production capacities (divisions) as a result of carrying out military (fighting) operations are destroyed was undergone by 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;

2) the producers of heat energy placed in the territories located around carrying out military (fighting) operations or which are in temporary occupation, environment (blocking);

3) producers of heat energy which after April 01, 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.

3. In case of the appeal to the Ministry of Infrastructure of producers of heat energy according to Procedure for determination and approval of the fixed amounts of natural gas for producers of heat energy that intend to acquire natural gas at Gas-supplying Company Naftogaz Trading LLC approved by the order of the Ministry of development of communities and the territories of Ukraine of August 11, 2022 No. 147, after August 25, 2022:

approve the fixed amounts of natural gas according to requirements of the subitem 1 of Item 3 of the Resolution No. 812 for the producers of heat energy who addressed for the first time;

approve changes of the Fixed amount of natural gas in cases:

accession to system of heat supply of bigger number of consumers of heat energy (increase in thermal loading);

changes of main type of fuel on natural gas that is caused by military aggression of the Russian Federation against Ukraine;

reconnection of thermal loading between systems of the companies of centralized heat supply;

transition of the company from production of heat energy to the combined production of heat energy;

began productions of heat energy with again constructed heat supply objects which are put into operation after August 25, 2022.

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