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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 12, 2024 No. 282

Some questions of implementation by the guaranteed buyer of export of electrical energy

According to Item "About the market of electrical energy" the Cabinet of Ministers of Ukraine decides 5 parts eight of article 65 of the Law of Ukraine:

1. Approve the Procedure as the guaranteed buyer of export of the enclosed electrical energy.

2. The 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" (2022, No. 56, the Art. 3324) to add the Official Bulletin of Ukraine with Item 2-1 of the following content:

"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.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 12, 2024, No. 282

Procedure the guaranteed buyer of export of electrical energy

1. This Procedure determines requirements to forming of the minimum selling price by the guaranteed buyer of electrical energy for export, and also the mechanism of determination of the size of profit on export of electrical energy of the guaranteed buyer who is considered in the cost of service in ensuring increase in share of production of electrical energy from alternative energy sources which is provided by the guaranteed buyer.

This Procedure also determines instructions in case of selection of buyers by the agreement of export of electrical energy by the guaranteed buyer and participation of the guaranteed buyer at auctions for distribution of the physical right to transfer.

2. The terms used in this Procedure have the following value:

1) auction - unilateral auction with technology of carrying out only on advance in price on which in the biddings only one seller (the guaranteed buyer) who is the initiator of auction and any number of buyers can participate;

2) the agreement of export - the external economic agreement signed between the guaranteed buyer and the winner of auction;

3) electronic trade system set of the organizational, technology and technical means used by the organizer of auction for providing the organization and holding auctions;

4) the applicant - the physical person entrepreneur or the legal entity who submitted the application for participation in auction;

5) lot - the determined indivisible amount of electrical energy offered for sale at auction with the corresponding schedule of sale and 1 MW equal to capacity during the certain period of sale guaranteed by the buyer;

6) the organizer of auction (further - the organizer) - the legal entity (including foreign) who in the procedure established by the legislation has the right to provide centralized making or centralized accomplishment of transactions (including the foreign legal entity) which provides the organization and holding auctions for sale of electrical energy by means of electronic trading system;

7) the winner of auction (further - the winner) - the participant of auction who offered the highest price offer on results of its carrying out;

8) the starting price of lot - the minimum selling price the guaranteed buyer of electrical energy for export for 1 MW • h in lot;

9) the participant of auction - the physical person - the entrepreneur or the legal entity allowed by the organizer to participation in auction.

Other terms are used in this Procedure in the value given in the Law of Ukraine "About the market of electrical energy".

3. The minimum selling price of electrical energy of export is determined by the guaranteed buyer for each separate direction of interstate crossings.

4. Minimum price for checkout time of h for 1 MW * is calculated by the following formula h:

 282-2024 РИС.1

where 282-2024 РИС.2, - minimum price on i-m to the direction for checkout time of h with mathematical rounding to the second sign after comma in official national currency of the country of i-go of the direction;

 282-2024 РИС.3

 282-2024 РИС.4- arithmetic-mean price value of payment for positive not balance, "NEK "Ukrenergo" published on Chao's website for the last 30 days for settlement date of auction, for the corresponding checkout time with mathematical rounding to the second sign after comma;

 282-2024 РИС.5

1,01 - the coefficient of profit of the guaranteed buyer on export of electrical energy determined by this Procedure.

5. When calculating the minimum selling price of electrical energy for export (and its components) to the countries using the mechanism between operators of systems of transfer (ITS) the features of provision of services established by the relevant resolutions of NKREKP are considered.

6. The minimum selling price of the electric power of export is calculated as the weighted average value among minimum prices of settlement periods of h for the corresponding schedule of sale with mathematical rounding to the whole value.

7. When forming minimum price by the guaranteed buyer also other reasonable factors which can influence forming of amounts or bid price can be considered.

8. Determination of the partner according to the export agreement of electrical energy by the guaranteed buyer is performed at auction.

9. The decision on holding the auction and the choice of the organizer of auction is accepted by the guaranteed buyer.

10. The auction is held by rules of the organizer of auction or according to regulations of the corresponding electronic trading system.

11. The organizer of auction shall provide holding auctions with respect for the following principles:

1) fair competition (in particular, by establishment by the seller of quantity of lots offered at the same time to sale the total amount which will allow to attract as the bigger number of potential buyers is possible);

2) nondiscrimination of participants of auction;

3) objectivity and impartiality;

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