ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2023 No. 2359

About approval of Rules of qualification of the generating object functioning on the basis of use of renewable energy resources and (or) being the low-carbon generating object, Rules of determination of extent of localization in the territory of the Russian Federation of production of the generating equipment for production of electrical energy with use of renewable energy resources on the generating object and indicator of export of industrial output (the generating equipment for production of electrical energy with use of renewable energy resources) and (or) works (services) performed (rendered) during the designing, construction and installation of the generating objects located in the territories of foreign states on the generating object Rules of maintaining the register of attributes of generation, provision, the address and repayment of certificates of origin of electrical energy

According to article 21 of the Federal law "About Power Industry" Government of the Russian Federation decides:

1. Approve enclosed:

The rule of qualification of the generating object functioning on the basis of use of renewable energy resources and (or) which is the low-carbon generating object;

Rules of determination of extent of localization in the territory of the Russian Federation productions of the generating equipment for production of electrical energy with use of renewable energy resources on the generating object and indicator of export of industrial output (the generating equipment for production of electrical energy with use of renewable energy resources) and (or) works (services) performed (rendered) during the designing, construction and installation of the generating objects located in the territories of foreign states on the generating object;

Rules of maintaining register of attributes of generation, provision, address and repayment of certificates of origin of electrical energy;

changes which are made to acts of the Government of the Russian Federation.

2. The generating objects recognized qualified before entry into force of this resolution are recognized qualified before the expiration of 4 years from the latest of the following dates - decision dates about recognition of the generating object the qualified generating object and dates of entering into the register of the qualified generating subjects to record about confirmation of conformity of the qualified generating object to criteria of qualification according to the Rules of qualification of the generating object functioning on the basis of use of renewable energy resources, approved by the order of the Government of the Russian Federation of June 3, 2008 No. 426 "About qualification of the generating object functioning on the basis of use of renewable energy resources" (further - Rules of qualification and localization).

If the termination of this Item of term of recognition of the generating object specified in paragraph one the qualified generating object falls on the period equal to 60 calendar days, since the date of entry into force of this resolution, concerning such generating object Market Council performs check on compliance to its criteria of qualification specified in Item 3 of Rules of qualification and localization, according to the procedure, established by Rules of qualification and localization. In case of confirmation following the results of the specified check of compliance of the qualified generating object to criteria of qualification such generating object is recognized to the criteria of qualification qualified before the expiration of 4 years from the date of entering into the register of the qualified generating subjects to record about confirmation of conformity of the qualified generating object.

3. During the period from the date of entry into force of this resolution till July 1, 2024. Rules of qualification and localization are applied only to the qualification of the generating objects performed by Market Council based on the applications submitted about day of entry into force of this resolution, and concerning checks on compliance to criteria of qualification of the qualified generating objects which were begun by Market Council before entry into force of this resolution or are performed according to Item 2 of this resolution.

4. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

5. Determine Center of Power Certification limited liability company (PSRN 1237700572471) as the organization of the commercial infrastructure performing qualification of the generating objects.

6. To the Ministry of Industry and Trade of the Russian Federation in 6-month time from the date of entry into force of this resolution to bring the regulatory legal acts into accord with requirements of this resolution.

7. This resolution becomes effective since February 1, 2024, except for Items 1 - 4, 6 - 10, 11 (regarding recognition voided Item of 2 changes which are made to acts of the Government of the Russian Federation), 12 - 17 lists of invalid acts of the Government of the Russian Federation which become effective since July 1, 2024.

Approved by the Order of the Government of the Russian Federation of December 28, 2023 No. 2359

The rule of qualification of the generating object functioning on the basis of use of renewable energy resources and (or) which is the low-carbon generating object

I. General provisions

1. These rules establish criteria and procedure for qualification of power plants and separate electroinstallations on production of electrical energy (power units) (further - the generating objects) functioning on the basis of use of renewable energy resources and (or) being the low-carbon generating objects including procedure for test of the qualified generating objects, the terminations of qualification of the generating objects, and also procedure for maintaining the register of the qualified generating objects and disclosure of information containing in it.

The concepts "renewable energy resources", "low-carbon generating objects", "qualification of the generating object" and "qualified generating object" are used in these rules in the values established in article 3 of the Federal law "About Power Industry". The concept "power plant" is used in these rules in the value established in Item 31 of Rules of the wholesale market of electrical energy and capacity approved by the order of the Government of the Russian Federation of December 27, 2010 No. 1172 "About approval of Rules of the wholesale market of electrical energy and capacity and about introduction of amendments to some acts of the Government of the Russian Federation concerning the organization of functioning of the wholesale market of electrical energy and capacity" (further - Rules of the wholesale market of electrical energy and capacity). The concept "electroinstallation" of these rules means set of the machines, devices, lines and the service equipment (together with constructions and rooms, in which they are established) intended for production, transformation, transformation, transfer, distribution of electrical energy and its transformation to other types of energy.

2. Qualification of the generating objects is performed by the organization of the commercial infrastructure performing qualification of the generating objects (further - authorized organization), on paid basis. The size and procedure for introduction of payment for qualification of the generating object are determined by the supervisory board of Market Council.

II. Criteria of qualification

3. The generating object is recognized to the following criteria of qualification qualified on condition of its compliance:

a) the generating object performs production of electrical energy and functions on the basis of use only of renewable energy resource without burning process use, and in case of combustion of fuel - on the basis of use only of type of the fuel relating to renewable energy resources, or in the mode of the combined use of different types of fuel some of which can not treat renewable energy resources, or is nuclear power plant.

At the same time for the generating object having possibility of production of electrical energy on the basis of the combined use of renewable energy resources and other types of fuel on which the decision on the termination of qualification on one of the bases specified in Item 26 of these rules, share of the electrical energy made on such generating object with use of renewable energy resources for the period, to the equal 12 months preceding month of filing of application about recognition of the generating object the qualified generating object was made earlier (further - the statement on qualification) shall constitute at least 95 percent of total amount of the electrical energy made on such generating object for the specified period. The specified share is determined by authorized organization according to the procedure, established by Market Council;

b) the generating object is in operation (it is put into operation and it is not taken out of service);

c) the generating object is attached to power networks of the network organization in the procedure established by the legislation of the Russian Federation;

d) the generating object is equipped with measuring instruments (metering devices) of amount of the made electrical energy according to requirements of Rules of the wholesale market of electrical energy and capacity - for the purpose of qualification of the generating object functioning in the wholesale market of electrical energy and capacity or according to requirements of Basic provisions of functioning of the retail markets of electrical energy approved by the order of the Government of the Russian Federation of May 4, 2012 No. 442 "About functioning of the retail markets of electrical energy, complete and (or) partial restriction of the mode of consumption of electrical energy" (further - Basic provisions of functioning of the retail markets of electrical energy), - for the purpose of qualification of the generating object functioning in the retail markets of electrical energy;

e) the generating object is equipped with the metering devices of the used fuel allowing to determine amount of use of each type of fuel for production of electrical energy, conforming to requirements of the legislation of the Russian Federation about ensuring unity of measurements - for the purpose of qualification of the generating object functioning in the mode of the combined use of different types of fuel some of which can not treat renewable energy resources;

e) the generating object consists of the electroinstallations on production of electrical energy functioning on the basis of use of the same power source by means of the same engineering procedure without burning process use, and in case of combustion of fuel - the same types of fuel;

g) concerning the generating equipment being part of the generating object the separate group of points of delivery in the wholesale market of electrical energy and capacity - for the purpose of qualification of the generating object functioning in the wholesale market of electrical energy and capacity is registered;

h) concerning the generating object functioning as a part of Power pool system of Russia and which established generating capacity is equal or exceeds 25 MW, requirements, stipulated in Item the 5th article 35 of the Federal law "About Power Industry" are observed.

III. Submission of documents for qualification of the generating object

4. For the purpose of recognition of the generating object the qualified generating object the owner or other legal owner of the generating object (further - the applicant) submits in authorized organization the application on qualification in the form established by Market Council.

The following documents shall be enclosed to the application on qualification:

a) constituent documents of the applicant in the edition operating for date of filing of application on qualification;

b) the documents certifying availability at the applicant of the property right or other legal cause of ownership of the generating object;

c) the description of the generating object in the form established by Market Council including the following data:

codes of groups of points of delivery of the supplier of electrical energy and the capacity registered in the wholesale market of electrical energy and capacity concerning the generating object and the corresponding power accepting equipment which is electroinstallations of own needs of power plants - for the purpose of qualification of the generating object functioning in the wholesale market of electrical energy and capacity;

the name and the location of the generating object;

technical parameters and characteristics of power stations and the generating equipment of the generating object (including the size of the established generating capacity) and if several electroinstallations on production of electrical energy (power units), the size of the established generating capacity of each electroinstallation on production of electrical energy (power unit) are part of the generating object specified in the statement for qualification;

the renewable energy resource used for production of electrical energy without burning process use, and in case of combustion of fuel - the fuel types used for production of electrical energy or specifying on the fact that this generating object is nuclear power plant;

description of engineering procedures of production of electrical energy. This information is not specified concerning the generating objects which are nuclear power plants;

details of the project documentation of the generating object (in the presence). This information is not specified concerning the generating objects which are nuclear power plants;

the list of the property which is part of the generating object;

d) the documents confirming input of the generating object in operation;

e) the documents confirming technology accession of the generating object to power networks of the network organization;

e) the documents confirming the admission in operation of devices (systems) of accounting of amount of the made electrical energy in accordance with the legislation of the Russian Federation and other documents confirming compliance of the specified devices (systems) of accounting to the requirements established by the legislation of the Russian Federation (in the presence);

g) the documents confirming approval by the system operator and organization of commercial infrastructure of groups of points of delivery concerning the generating object and the corresponding power accepting equipment which is electroinstallations of own needs of power plants - for the purpose of qualification of the generating object functioning in the wholesale market of electrical energy and capacity;

h) information and documents, stipulated in Item 25 these rules containing data on production volumes and consumption of electrical energy on the generating object (for the generating objects functioning in the retail markets of electrical energy (capacity) and data on amount of use of each type of fuel for production of electrical energy on the generating object for the period, to equal 12 months before date of their submission to authorized organization - for the purpose of qualification of the generating object on which the decision on the termination of qualification on one of the bases specified in Item 26 of these rules is earlier made;

i) the documents according to the list established by the supervisory board of Market Council confirming equipment with the metering devices of the used fuel allowing to determine amount of use of each type of fuel for production of electrical energy - for the purpose of qualification of the generating object having possibility of functioning on the basis of the combined use of renewable energy resources and other types of fuel;

j) the documents confirming the power of the person having the right without power of attorney to act on behalf of the applicant - for legal entities;

k) the documents confirming the power of the person which signed (assured) on behalf of the applicant the application on qualification and documents (the copy of documents) submitted by the applicant (if the specified person is not person having the right without power of attorney to act on behalf of the applicant);

l) the project documentation on the generating object - for the purpose of qualification of the generating object having possibility of functioning in the mode of the combined use of different types of fuel;

m) the statement from the register of licenses of authorized body of state regulation of safety when using atomic energy on operation nuclear (nuclear) the installation (installations) which is part of the generating object declared on qualification, issued not later than 30 calendar days before date of submission to authorized organization, - if the generating object is nuclear power plant;

o) details or the acknowledgment copy about non-proliferation of the requirement of the Federal Law "About Power Industry" on the realization made by the generating object of all electrical energy (capacity) only in the wholesale market of electrical energy and capacity - for the purpose of qualification of the generating object which functions in the retail market as a part of Power pool system of Russia and which established generating capacity is equal or exceeds 25 MW.

In addition to the statement on qualification the documents confirming assignment to the legal entity of the primary state registration number and registration in tax authority can be enclosed if applicant is the legal entity, or the documents confirming assignment to the individual entrepreneur of the primary state registration number and registration in tax authority if applicant is the individual entrepreneur. In case of non-presentation by the applicant of the specified documents the authorized organization independently requests public data (documents) on the legal entity (individual entrepreneur) containing in the Unified State Register of Legal Entities (Unified State Register of Private Entrepreneurs), according to the procedure, established according to article 6 of the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs".

5. The statement on qualification together with the documents specified in item 4 of these rules are represented by the applicant to authorized organization personally or the registered mail with the assurance of receipt if other procedure is not established by Market Council.

If the application on qualification is submitted concerning the generating object, the property right to which (on its part) is subject in accordance with the legislation of the Russian Federation to state registration, and such generating object was not recognized as the qualified generating object earlier, the documents specified in subitems "b" and "g" of item 4 of these rules can be provided to authorized organization no later than the 10th working day from the latest of dates - payment dates by the applicant of services in qualification of the generating object and date of representation of the statement to authorized organization on qualification.

For the purpose of confirmation of conformity of the generating object to the criterion of qualification specified in the subitem "b" of Item 3 of these rules concerning the generating object functioning in the wholesale market of electrical energy and capacity, the applicant along with the statement on qualification has the right to submit the documents confirming the admission to trade system of the wholesale market of electrical energy and capacity instead of the documents specified in subitems "b" and "g" of item 4 of these rules.

In case of submission to authorized organization of the statement on qualification in writing the originals attached to it and (or) copies of the documents specified in item 4 of these rules shall be signed (are certified) by the authorized person of the applicant and fastened by impress of a seal of the applicant (in the presence). Originals and (or) copies of documents consisting more than of one leaf shall be stitched and numbered.

If the documents specified in item 4 of these rules were represented earlier by the applicant of authorized organization in case of qualification of the generating object (check of the qualified generating object) and changes were not made to them about what it shall be specified by the applicant, the repeated direction of authorized organization of the specified documents is not required.

6. Concerning several generating objects being part of one power plant using the same engineering procedure of production of electrical energy and functioning on the basis of use of the same power sources and (or) types of fuel one application can be submitted for qualification. In case of submission of one statement on qualification concerning several generating objects the authorized organization adopts concerning each such generating object the separate decision on recognition of the generating object the qualified generating object.

7. Within 12 months from the date of the termination of qualification of the generating object repeated qualification of such generating object is not allowed if the decision on the termination of qualification of the generating object is made in connection with discrepancy of such generating object to the criterion of qualification specified in the subitem "an" of Item 3 of these rules or on one of the bases specified in Item 26 of these rules.

8. The authorized organization within 5 working days from the date of receipt of the statement on qualification and the documents specified in item 4 of these rules performs check of simultaneous observance of the following conditions:

a) at the time of filing of application on qualification the agreement on qualification of the generating object specified in such statement is signed;

b) at the time of filing of application on qualification by the authorized organization receives knowledge-based pay of the generating object specified in such statement;

c) the expiration of the term specified in Item 7 of these rules if qualification of the generating object specified in the statement for qualification was earlier stopped on the basis provided by this Item of Rules.

In case of lack of notes by results of the specified check the authorized organization starts qualification of the generating object according to the Section IV of these rules.

9. The authorized organization makes the decision on leaving of the statement on qualification without consideration in the following cases:

a) at the time of filing of application on qualification the agreement on qualification of the generating object specified in such statement is not signed;

b) at the time of filing of application on qualification the bill of services of authorized organization for qualification of the generating object specified in such statement is not paid;

c) the application is submitted for qualification of the generating object before the expiration of 12 months from the date of the termination of qualification of such generating object on the bases, stipulated in Item 7 these rules.

In case of decision making about leaving the authorized organization within 5 working days from the date of adoption of the specified decision directs applications on qualification without consideration to the applicant in the written or established by the supervisory board of Market Council other form the notification on leaving of the statement on qualification without consideration with indication of the basis of adoption of such decision. The documents submitted by the applicant for the purpose of recognition of the generating object the qualified generating object to the applicant do not return. Leaving of the statement without consideration does not interfere with the repeated address with the statement on qualification of the same generating object.

IV. Procedure for qualification of the generating object

10. Qualification of the generating object is performed based on the agreement on qualification of the generating object concluded according to the procedure of and on the terms of standard form of such agreement, established by the supervisory board of Market Council and published on the official site of authorized organization on the Internet, and on condition of obtaining by authorized organization in full of knowledge-based pay of the generating object.

Under the agreement the authorized organization based on the statement on qualification of the owner or other legal owner of the generating object renders on qualification of the generating object to the applicant of service in qualification of such generating object, and the applicant pays such services.

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