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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 17, 2015 No. 205

About approval of Rules of ensuring access of consumers to transportation services of oil and (or) oil products on bulk distribution lines

According to part seven of article 8 of the Law of the Republic of Belarus of December 16, 2002 "About natural monopolies" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Rules of ensuring access of consumers to transportation services of oil and (or) oil products on bulk distribution lines.

2. This resolution becomes effective in three months after its official publication.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 17, 2015 No. 205

Rules of ensuring access of consumers to transportation services of oil and (or) oil products on bulk distribution lines

1. These rules determine procedure for ensuring access of consumers to transportation services of oil and (or) oil products by bulk distribution lines (further, unless otherwise specified, - transportation services of oil and (or) oil products).

2. In these rules the following terms and their determinations are applied:

the consumer - the subject of the civil law using or intending to use transportation services of oil and (or) oil products;

access for consumers to transportation services of oil and (or) oil products on bulk distribution lines - provision to consumers of the right to use transportation services of oil and (or) oil products;

Item of acceptance of oil and (or) oil products - starting point of acceptance of oil and (or) oil products by the operator from the consumer, including accounting of quantity and quality evaluation of oil and (or) oil products;

oil delivery point and (or) oil products - terminal point of delivery of oil and (or) oil products from the operator to other operator, transfers on other modes of transport, to the consumer or the third party, including accounting of quantity and quality evaluation of oil and (or) oil products;

oil transportation and (or) oil products on bulk distribution lines (further - oil transportation and (or) oil products) - activities for movement by bulk distribution lines of oil and (or) oil products from Item of acceptance of oil and (or) oil products to oil delivery point and (or) oil products;

transportation services of oil and (or) oil products - activities of operators for movement of oil and (or) oil products for the territory of the Republic of Belarus, including implementation of transit transportation, after acceptance of oil and (or) oil products by the operator and before delivery of oil and (or) oil products to other operator, transfer on other modes of transport, to the consumer or the third party.

The terms "bulk distribution line", "objects of the bulk distribution line", "operator" and "system of bulk distribution lines" used in these rules are applied in the values determined by the Law of the Republic of Belarus of January 9, 2002 "About the main pipeline transport" (The national register of legal acts of the Republic of Belarus, 2002, No. 9, 2/836).

3. Access for consumers to transportation services of oil and (or) oil products is performed proceeding from the principle of fairness and nediskriminatsionnost according to which:

equal conditions of access to transportation services of oil and (or) oil products for all consumers are provided;

concerning all consumers the single price (tariff) policy in the field of transportation services of oil and (or) oil products is pursued;

information on rates and other payments for these services for all consumers is public.

4. The operator provides information on the rendered transportation services of oil and (or) oil products, their cost, access to them, technical and technological capabilities of rendering these services by placement on the official website of the operator.

5. Transportation services of oil and (or) oil products are provided by the operator based on the service provision agreement on oil transportation and (or) oil products on bulk distribution lines (further - the agreement) concluded by the operator and the consumer according to the legislation and containing including the following essential conditions:

procedure for acceptance, transportation, delivery of oil and (or) oil products to other operator, transfers on other modes of transport, to the consumer or the third party;

quantity to the subject oil transportation and (or) oil products;

Items of acceptance and oil delivery points and (or) oil products;

procedure and payment due dates of transportation services of oil and (or) oil products;

procedure for dispute settlement concerning oil transportation and (or) oil products;

responsibility of the parties for non-execution or improper execution of terms of the contract;

procedure and terms of adjustment of quantity subject to oil transportation and (or) oil products, terms of the beginning and the end of acceptance of oil and (or) oil products for transportation, Items of acceptance and oil delivery points and (or) oil products;

procedure and terms of informing on force majeure circumstances, and also about other actions and events interfering obligation fulfillment according to the agreement.

6. In case of agreement performance the consumer shall:

provide compliance of subjects to oil transportation and (or) oil products to the characteristics specified in the request for receipt of transportation services of oil and (or) oil products on bulk distribution lines (further - the request);

perform delivery of oil and (or) oil products for transportation through the bulk distribution line in Items of acceptance by the operator according to the characteristics and terms specified in the request, and also in the quantity provided in the agreement;

perform acceptance of oil and (or) oil products from system of bulk distribution lines in oil delivery points and (or) oil products in accordance with the terms of the agreement;

inform the operator in the terms established by the agreement on force majeure circumstances, and also on other actions and events interfering obligation fulfillment according to the agreement;

pay to the operator according to the procedure and the terms provided in the agreement, transportation services of oil and (or) oil products.

7. In case of agreement performance the operator shall independently or with involvement of the third parties:

accept oil and (or) oil products in the quantity specified in the agreement, in Item of acceptance of oil and (or) oil products;

perform oil transportation and (or) oil products to oil delivery point and (or) oil products;

provide accounting of oil and (or) oil products in acceptance Item, oil delivery point and (or) oil products;

hand over oil and (or) oil products according to the characteristics and terms specified in the request, and also in the quantity provided in the agreement, in oil delivery point and (or) oil products;

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