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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 17, 2024 No. 1443

Some questions of implementation of market monitoring of oil, oil products and the liquefied gas in Ukraine

According to Items 2, "About the minimum inventories of oil and oil products" the Cabinet of Ministers of Ukraine decides 3 and 4 parts two of article 4 of the Law of Ukraine:

1. Approve enclosed:

Procedure of monitoring of quality and safety of oil products in Ukraine;

Procedure of monitoring of amounts in the oil markets, oil products and the liquefied gas in Ukraine;

Procedure for functioning and maintaining electronic system of reporting.

2. This resolution becomes effective along with enforcement of the Law of Ukraine of November 21, 2023 No. 3484-IX "About the minimum inventories of oil and oil products", but not earlier than day of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 17, 2024, No. 1443

Procedure of monitoring of quality and safety of oil products in Ukraine

General questions

1. This Procedure determines conditions, the bases and the procedure of collection, transfer, preserving and generalization of information on quality of the oil products realized in the domestic market, and compliance of indicators of quality and safety of oil products to requirements of the Technical regulation concerning requirements to automobile gasolines, diesel, to ship and boiler fuels, the Cabinet of Ministers of Ukraine approved by the resolution of August 1, 2013 No. 927 (The Official Bulletin of Ukraine, 2014, No. 2, of the Art. 35) (further - the Technical regulation concerning requirements to fuel), the Technical regulation concerning requirements to gas liquefied for the road transport, household consumption and the industrial purposes approved by the resolution the Cabinet of Ministers of Ukraine of July 29, 2020 No. 667 (The Official Bulletin of Ukraine, 2020, No. 63, of the Art. 2046) (further - the Technical regulation concerning requirements to gas), national standards (DSTU EN 14274:2022 (EN 14274:2013, IDT; EN 14274:2013/ac:2013, IDT), DSTU EN 589:2017; DSTU EN 228:2022 (EN 228:2012+A1:2017, IDT); DSTU EN ISO 4259:2012; DSTU EN 590:2022 (EN 590:2022, IDT), DSTU EN 14275:2022 (EN 14275:2013, IDT), DSTU EN 589:2017), and also the rights and obligations of the subjects who are participants and users of electronic system of reporting according to Procedure for functioning and maintaining the electronic system of reporting approved by the Cabinet of Ministers of Ukraine according to Item 2 parts two of article 4 of the Law of Ukraine "About the minimum inventories of oil and oil products" (further - the Procedure for reporting).

2. This Procedure is developed for the purpose of creation of monitoring system of quality and safety of oil products in the market of oil products in Ukraine which is component of complete monitoring system of the oil market and oil products and is aimed at providing proper level of their quality and safety, according to:

Directives 98/70/EU of the European Parliament and Council of October 13, 1998 about quality of gasoline and diesel fuel and modification of the Directive of Council 93/12/EEC;

Directives 2003/17/EU of the European parliament and Council of March 3, 2003 about modification of the directive 98/70/EU concerning quality of gasoline and diesel fuel;

Directives 2009/30/EU of the European Parliament and Council of April 23, 2009 about modification of the directive 98/70/EU of rather technical requirements to gasoline, diesel fuel and gasoil, introduction of the mechanism of monitoring and emission reduction of greenhouse gases, modification of the directive of Council of 1999/32/EU rather technical requirements to the fuel used for inland navigation vessels and about cancellation of the Directive 93/12/EEC;

Directives of the European Commission 2011/63/EU of June 1, 2011 about modification of the directive 98/70/EU of the European parliament and Council about quality of gasoline and diesel fuel for the purpose of its adaptation to technical progress.

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

1) users of electronic system of reporting on quality and safety of oil products (further - users) - the accredited test laboratories, conformity assessment bodies and subjects of the oil market and oil products performing introduction into circulation of the oil products which underwent electronic identification in electronic system of reporting and which creates private electronic offices of users of electronic system of reporting (further - offices of users) according to Procedure for reporting;

2) monitoring of quality and safety of oil products (further - quality monitoring) - collection, processing, transfer, preserving, carrying out the analysis and generalization of information on quality of the oil products realized in the domestic market and about compliance of indicators of quality and safety of oil products to requirements of the Technical regulation concerning requirements to fuel and the Technical regulation concerning requirements to gas and national standards (DSTU EN 14274:2022 (EN 14274:2013, IDT; EN 14274:2013/AC:2013, IDT), DSTU EN 589:2017; DSTU EN 228:2022 (EN 228:2012+A1:2017, IDT); DSTU EN ISO 4259:2012; DSTU EN 590:2022 (EN 590: 2022, IDT), DSTU EN 14275: 2022 (EN 14275:2013, IDT), DSTU EN 589:2017);

3) reporting on quality and safety of oil products (quality reporting) - sending by users to electronic system of reporting of information, in particular by results of their testing concerning quality and safety of oil products;

4) the size of subsistence minimum for able-bodied persons - the size of subsistence minimum for able-bodied persons determined by the law on the Government budget of Ukraine for the corresponding year.

Other terms are used in the value given in the Laws of Ukraine "About the minimum inventories of oil and oil products", "About technical regulations and assessment of conformity", "About public purchases", "About standardization", "About personal data protection", the Technical regulation concerning requirements to fuel, the Technical regulation concerning requirements to gas.

4. Action of this Procedure extends to accredited test laboratories, conformity assessment bodies and subjects of the oil market and oil products which perform introduction them in the address.

Quality monitoring tasks

5. Monitoring of quality of the oil market and oil products in Ukraine performs the Ministry of Energy.

6. Tasks of monitoring of quality is collection, processing, transfer, preserving and generalization of information on quality of oil products in Ukraine.

7. Monitoring of quality is based on the principles of efficiency and reliability of introduction by accredited test laboratories, conformity assessment bodies and subjects of the oil market and oil products of information in electronic system of reporting, and also timeliness of receipt of information and openness of results.

8. Monitoring of quality provides implementation of such actions as selection and testing of samples of the oil products which are carried out by the test laboratories accredited by National accreditation agency which have the right to testing of samples of oil products concerning compliance to requirements of the Technical regulation concerning requirements to fuel and the Technical regulation of requirements to gas (after entry into force) and national standards (DSTU EN 14274:2022 (EN 14274:2013, IDT; EN 14274:2013/AC:2013, IDT), DSTU EN 589:2017; DSTU EN 228:2022 (EN 228:2012+A1:2017, IDT); DSTU EN ISO 4259:2012; DSTU EN 590:2022 (EN 590:2022, IDT), DSTU EN 14275:2022 (EN 14275:2013, IDT), DSTU EN 589: 2017).

Organization of monitoring of quality

9. Implementation of monitoring of quality is provided with electronic system of reporting. The Ministry of Energy performs monitoring of quality and determines the administrator of electronic system of reporting (further - the administrator).

10. Obligations of the administrator on registration and use in electronic system of reporting are determined by ensuring functioning of monitoring system of quality, the rights and obligations of users by Procedure for reporting.

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