RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 17, 2015 No. 205

About Rules of ensuring access of consumers to services in transportation of liquid hydrocarbons on bulk distribution lines

Based on part fifteen 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: No. 162-Z

1. Approve Rules of ensuring access of consumers to services in transportation of liquid hydrocarbons on bulk distribution lines (are applied).

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

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 services in transportation of liquid hydrocarbons on bulk distribution lines

1. These rules determine procedure for ensuring access of consumers to services in transportation of liquid hydrocarbons by bulk distribution lines.

2. For the purposes of this provision terms in the values established by the Law of the Republic of Belarus of January 9, 2002 No. 87-Z "About the main pipeline transport" (further – the Law), by the technical regulation of the Eurasian Economic Union of TR EEU 049/2020 "About requirements to bulk distribution lines for transportation of liquid and gaseous hydrocarbons", the made Decision of Council of the Eurasian economic commission of December 23, 2020 No. 121, and also the following terms and their determinations are used:

access for consumers to services in transportation of liquid hydrocarbons on bulk distribution lines – provision to consumers of the right to use services in transportation of liquid hydrocarbons;

the consumer – the supplier or the consumer of products to whom the service in transportation of liquid hydrocarbons in the bulk distribution line is rendered;

services in transportation of liquid hydrocarbons – activities of operators for movement of liquid hydrocarbons for the bulk distribution line from Items of their acceptance from the product supplier to delivery Items to the consumer of products or transfer of liquid hydrocarbons on automobile, railway or inland water transport according to the service provision agreement on transportation of products.

3. Access for consumers to services in transportation of liquid hydrocarbons is provided proceeding from the principle of fairness and nediskriminatsionnost according to which:

equal conditions of access to services in transportation of liquid hydrocarbons for all consumers are provided;

concerning all consumers the single price (tariff) policy in the field of services in transportation of liquid hydrocarbons is pursued;

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

4. The operator provides information on the rendered services in transportation of liquid hydrocarbons, their cost, access to them, technical and technological capabilities of rendering these services by placement on the official site of the operator in global computer system the Internet.

5. Services in transportation of liquid hydrocarbons are the operator based on the service provision agreement on transportation of liquid hydrocarbons on bulk distribution lines (further – the agreement) concluded by the operator and the consumer. The agreement including contains:

procedure for acceptance, transportation, delivery of liquid hydrocarbons to other operator, transfers on other modes of transport, to the consumer of products or the third party;

information on the name and location of the consumer (supplier and consumer of products);

amount of the liquid hydrocarbons which are subject to transportation;

Items of acceptance and Items of delivery of liquid hydrocarbons;

procedure and payment due dates of services in transportation of liquid hydrocarbons;

procedure for dispute settlement concerning transportation of liquid hydrocarbons;

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

procedure and terms of adjustment of amount of the liquid hydrocarbons which are subject to transportation, Items of their acceptance and Items of delivery, terms of the beginning and the end of acceptance and their delivery for transportation;

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 product supplier shall:

provide compliance of the liquid hydrocarbons which are subject to transportation to the characteristics specified in the request for receipt of services in transportation of liquid hydrocarbons on bulk distribution lines (further – the request);

perform delivery of liquid hydrocarbons for transportation on 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;

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, services in transportation of liquid hydrocarbons.

7. The consumer of products shall perform acceptance of liquid hydrocarbons from the bulk distribution line from the operator in Items of delivery of liquid hydrocarbons.

The consumer of products has the right to refuse product receipt in the cases provided by the Law.

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

accept liquid hydrocarbons in the quantity specified in the agreement, in Item of their acceptance;

perform transportation of liquid hydrocarbons to Item of their delivery;

provide accounting of liquid hydrocarbons in Item of their acceptance, delivery Item;

hand over liquid hydrocarbons according to the characteristics and terms specified in the request, and also in the quantity provided in the agreement, in Item of their delivery;

inform consumers in the terms established by the agreement on force majeure circumstances, and also other actions and events interfering accomplishment of obligations according to the agreement.

9. The product supplier has the right to adjust amount of the liquid hydrocarbons which are subject to transportation, terms of the beginning and the end of acceptance or delivery of liquid hydrocarbons for transportation, to determine other Items of their acceptance and delivery in coordination with the operator in the terms provided in the agreement.

10. For the conclusion of the agreement the product supplier till November 1 of the year preceding year of transportation of liquid hydrocarbons represents in the location of the operator in writing the request signed by the authorized person and containing the following data:

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