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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 19, 2023 No. 627

About approval of the Procedure for provision of financial state support to subjects of entrepreneurship of fuel and energy complex

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for provision of financial state support to subjects of entrepreneurship of the enclosed fuel and energy complex.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 19, 2023, No. 627

Procedure for provision of financial state support to subjects of entrepreneurship of fuel and energy complex

1. This Procedure determines conditions, criteria and procedure for granting of financial state support (further - the state support) to the subjects of managing irrespective of pattern of ownership performing production of electrical energy on thermal power plants and/or combined heat and power plants (further - subjects of entrepreneurship), by reduction in cost of cost of the credits.

2. Provision of the state support to subjects of entrepreneurship is performed by Business Development Fund (further - Fund).

3. The state support is provided through banks which correspond to the criteria determined in appendix and signed with Fund the agreement on cooperation in the form approved by Fund (further - authorized banks).

For the purpose of joint financing of subjects of entrepreneurship authorized banks can sign agreements on konsortsiumny crediting according to the Law of Ukraine "About banks and banking activity". Within such agreement participating banks of consortium establish conditions for loan granting and appoint bank, the actionee of the agreement. Participating banks of consortium bear risk on granted loan in proportion to funds deposited in consortium.

4. For fulfillment of requirements of this Procedure the Fund approves the program of the state support of subjects of entrepreneurship which may contain additional terms for authorized banks in the limits determined by this Procedure. The covering of expenses of Fund on maintenance and ensuring provision of the state support to subjects of entrepreneurship is performed in the amount of 0,15 of percent of the amount of the provided state support which is paid to Fund following the results of accounting year in the next budget period.

5. The state support is provided to subjects of entrepreneurship within the budgetary funds received by Fund from the Ministry of Energy as partial compensation Fund of loan interest rates of subjects of entrepreneurship (further - compensation of percent).

6. Provision of the state support to subjects of entrepreneurship provided by this Procedure can be performed together with the state support which can be provided according to the legislation local state (military) administrations and local government bodies based on regional and local programs of recovery and development at the expense of local budgets taking into account requirements of the Law of Ukraine "About government assistance to subjects of managing". For the purpose of joint provision of the state support provided by this Procedure and regional and local programs of recovery and development, the Fund signs agreements on cooperation with the relevant local state (military) administrations and local government bodies in which the main conditions for accomplishment of the specified programs are determined.

7. Provision of the state support to subjects of entrepreneurship provided by this Procedure can be performed together with provision of local guarantees.

8. The state support is provided for the purpose of reduction in cost of cost of the credits to subjects of entrepreneurship which are connected with recovery, repair or replacement of the objects of energy infrastructure of thermal power plants and combined heat and power plants damaged as a result of fighting.

9. The credits on which the state support can be provided are provided on recovery, repair or replacement of the objects of energy infrastructure of thermal power plants and combined heat and power plants damaged as a result of fighting that is confirmed with the relevant statement (the act of fixing of damages of property (the defective act) which is drawn up by the subject of entrepreneurship - the owner or the user of the damaged property, on condition of their inclusion in the list of the equipment of thermal power plants and combined heat and power plants of the power generation companies, recovery and which working capacity shall be provided during passing of the autumn and winter periods 2023/24 and/or 2024/25, the Minister of Energy as the works manager approved by the order on mitigation of consequences of military emergency situation of the national level in electric utility systems, namely:

1) financing of expenses on recovery, repair or replacement of the objects of energy infrastructure of thermal power plants and combined heat and power plants damaged as a result of fighting;

2) covering of documentary confirmed expenses on recovery, repair or replacement of the objects of energy infrastructure of the thermal power plants and combined heat and power plants performed by the subject of entrepreneurship during the period from approval date of the order of the Minister of Energy as the works manager on mitigation of consequences of military emergency situation of the national level in electric utility systems damaged as a result of fighting provided that works on recovery of the specified objects on the date of entry into force of this Procedure were not complete.

10. The maximum amount of the loan (credits) granted (provided) to the subject of entrepreneurship during the term determined by Item 11 of this Procedure does not exceed 3, 6 million hryvnias for 1 MW of installed capacity, or no more than 90 percent of project cost on recovery, repair or replacement of the objects of energy infrastructure of thermal power plants and combined heat and power plants damaged as a result of fighting.

11. The maximum term of crediting does not exceed ten years.

12. The loan interest rate of the subject of entrepreneurship without compensation of percent (further - benchmark interest rate) constitutes no more UIRD index (three months) plus seven percent points.

Index UIRD Ukrainian the index of deposit rates of physical persons calculated on the basis of nominal rates of the deposit market of physical persons which appear banks of Ukraine. Review of the size of benchmark interest rate by authorized bank on the loan granted to the subject of entrepreneurship taking into account change of the specified index is performed each calendar quarter. Procedure for review of the size of benchmark interest rate and date as of which it is carried out are determined by the loan granted to the subject of entrepreneurship in the credit agreement signed between the subject of entrepreneurship and authorized bank according to its internal procedures (further - the credit agreement). The maximum size of benchmark interest rate which can be applied on the credit of the subject of entrepreneurship cannot be more than 30 annual interest rates.