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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 26, 2024 No. 1107

About approval of the principles of trade policy of the guaranteed buyer

According to Item 3-1 of part three of article 5 of the Law of Ukraine "About the market of electrical energy" the Cabinet of Ministers of Ukraine decides:

Approve the enclosed principles of trade policy of the guaranteed buyer.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 26, 2024 No. 1107

The principles of trade policy of the guaranteed buyer

1. These principles are developed in pursuance of the Law of Ukraine "About the market of electrical energy" (further - the Law) and are entered for the purpose of declaring of behavior model of the guaranteed buyer of electrical energy (further - the guaranteed buyer) in the market of electrical energy when implementing transactions on purchase and sale of electrical energy, export transactions and receipts of access to handling capacity of interstate crossings within accomplishment of special obligations on ensuring increase in share of production of electrical energy from alternative energy sources and other functions which are provided by the guaranteed buyer according to the legislation.

2. Trade policy of the guaranteed buyer (further - trade policy) extends to transactions of the guaranteed buyer on purchase and sale of electrical energy according to bilateral agreements, in the market "for the days ahead", the intra daily market, for the purpose of settlement of not balances and when implementing export transactions.

3. The guaranteed buyer acts according to the legislation on the basis of the it the charter approved in accordance with the established procedure, and according to the Licensed conditions of implementation of economic activity on implementation of functions of the guaranteed buyer approved by the resolution of NKREKP of December 27, 2017 No. 1471.

Activities of the guaranteed buyer are regulated by the Law and other regulatory legal acts according to which activities of participants of the market of electrical energy are regulated.

4. Trade policy is based on the principles:

1) maximizations of the income of the guaranteed buyer in the market of electrical energy for accomplishment of the special obligations assigned to it according to the law;

2) taking measures to achievement of balance and providing covering with own income of all expenses;

3) fair competition;

4) assistance to development of renewable power;

5) equal rights on purchase and sale of electrical energy;

6) display of economically reasonable expenses;

7) responsibility for non-compliance with requirements of regulatory legal acts according to which activities of participants of the market of electrical energy are regulated;

8) cooperation and integration with the adjacent markets of electrical energy.

5. The guaranteed buyer in case of realization of trade policy provides respect for its principles in the way:

purchase and sale of all released electrical energy made on power generation facilities from alternative energy sources on the established "green" rate according to the legislation;

openness and transparency of access to the data necessary for tendering or for the conclusion of agreements on all segments of the market, by placement on the official website of information (in the format suitable for copying and/or loadings) and maintenance of its relevance;

creation of conditions for equal rights on purchase and sale of electrical energy by preserving confidential information concerning the activities which disclosure can provide commercial benefits to participants of the market of electrical energy;

creation of conditions for development of fair competition, in particular by establishment of quantity of lots offered at the same time to sale of the total amount, the starting price, the period of purchase and sale and tendering other information which is necessary for the conclusion of agreements or will allow to attract as the bigger number of potential buyers is possible;

maximum efficiency and long-term effectiveness of activities of the guaranteed buyer by price fixation according to market conditions and economic feasibility.

6. Economic activity of the guaranteed buyer for goal achievement of trade policy and ensuring compliance with its principles is performed due to purchase and sale of electrical energy on different segments of the market of electrical energy, in particular by rational and economically justified distribution of the amounts offered for purchase and sale according to bilateral agreements in the market "for the days ahead", the intra daily market, during settlement of not balances and implementation of export transactions.

Rational and economically justified distribution by the guaranteed buyer of amounts of purchase and sale of electrical energy is understood as such ratio of amounts of electrical energy offered on different segments of the market that corresponds to trade policy and considering the historical data which are available for the guaranteed buyer, the current status of the market of electrical energy and the forecast of behavior of his participants gives the best economic effect.

7. For forming of the optimum price offer the guaranteed buyer offers for sale electrical energy at the prices corresponding to the current situation on the corresponding segment of the market of electrical energy.

8. During the implementing of export transactions and receipt of access to handling capacity of interstate sections the guaranteed buyer is guided by the Procedure the guaranteed buyer of export of electrical energy approved by the 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" (The Official Bulletin of Ukraine, 2024, No. 28, the Art. 1809).

9. The guaranteed buyer performs sale of electrical energy according to bilateral agreements, in the market "for the days ahead", the intra daily market, in case of settlement of not balances taking into account the amount of electrical energy implemented when implementing export of electrical energy and on the corresponding segments of the market of electrical energy, and information on the hourly maximum permissible capacity provided by the operator of system of transfer.

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