THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF POWER AND UTILITIES OF UKRAINE

of September 30, 2015 No. 2496

About approval of Rules of supply of natural gas

According to Item "About the natural gas market" the National commission performing state regulation in the field of power and utilities decides 17 parts three of article 4 of the Law of Ukraine:

1. Approve Rules of supply of natural gas which are attached.

2. On regulation of the relations in the oil and gas sphere in accordance with the established procedure to provide to department submission of this resolution on state registration in the Ministry of Justice of Ukraine.

3. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of September 30, 2015 No. 2496

Rules of supply of natural gas

I. General provisions

1. These rules 17 parts three of article 4 of the Law of Ukraine "About the natural gas market" are developed in pursuance of Item and govern the relations arising between suppliers and consumers of natural gas taking into account their relations with operators of gas-distributing system / gas-transport system (further - Operators of GRS/GTS).

2. Action of these rules extends to suppliers, consumers of natural gas - physical persons (residential customers), physical persons - entrepreneurs, legal entities and operators of GRS/GTS.

Each supplier of natural gas shall post the current version of Rules on the website on the Internet.

The regulator carries out permanent monitoring and the analysis of situation in the natural gas market according to provisions of the Law of Ukraine "About the natural gas market".

3. Supply of natural gas to the consumer is performed based on the contract of delivery of natural gas between the supplier and the consumer who consists according to requirements of these rules, and after inclusion of the consumer in the Register of consumers of the supplier in information platform of GTS operator in the corresponding settlement period according to the procedure determined by the Code of gas-transport system. The supplier has no right to register the consumer in own Register of consumers of the supplier in the settlement period which is not approved with the consumer.

Supply of natural gas to residential customers is performed under the agreement which shall correspond to the standard agreement of supply of natural gas to residential customers which affirms the Regulator and will be promulgated in accordance with the established procedure.

Supply of natural gas by the supplier of "the last hope" is performed based on the agreement which shall correspond to the standard agreement of supply of natural gas by the supplier of "the last hope" which affirms the Regulator.

The delivery agreement of natural gas the supplier of "the last hope" is public. The contract of delivery of natural gas between other consumers and their suppliers consists according to requirements of the current legislation of Ukraine.

Physical persons which use natural gas for professional and/or business activity are equated to consumers who are not household, and sign the delivery agreement of natural gas according to the Section II of these rules.

4. Supply of natural gas is performed at the prices which are freely established between the supplier and the consumer, except cases, stipulated by the legislation Ukraine.

5. The terms specified in these rules are applied in such values:

refusal in access to the consumer's object - making by the consumer (the owner or the employer of object of the consumer) and/or the owner of the parcel of land where object of the consumer of such actions which interfere with representatives of the supplier is located/is located or according to its requirement to the Operator of GRS/GTS to perform the functions provided by these rules that is confirmed by the relevant act claim (the act of violation)

the acting supplier - the supplier of natural gas which Register of consumers includes the consumer in the corresponding period of delivery;

EIS-code (Energy Identification Code) - personal identification the consumer as the subject of the natural gas market or its point of commercial accounting (if necessary), GRS appropriated in accordance with the established procedure by the Operator (on consumers who are connected to gas-distribution system) or GTS operator (on consumers who are connected to gas-transport system);

the statement accession - the written statement accession of the consumer to terms of the contract of supply of natural gas to residential customers constituted according to requirements of these rules;

Information platform is the electronic platform of GTS operator in the form of web application on the Internet created according to requirements of the Code of gas-transport system;

the new supplier - the supplier of natural gas with whom the consumer having the acting supplier signed the delivery agreement of natural gas and which will perform supply of natural gas in the period, the following ambassador of the period of supply of natural gas by the acting supplier;

object of the residential customer - territorially separated installed gas construction (the apartment house, the apartment, workshop, the summer kitchen, etc.) which belongs to the consumer on the property rights or uses;

the operator of gas-distribution system (further - the Operator of GRS) - subject of managing which based on the license performs activities for distribution of natural gas gas-distribution system to which the consumer's object is connected;

the operator of gas-transport system (further - GTS operator) - subject of managing which based on the license performs activities for transportation of natural gas for gas-transport system;

The confirmed amount of natural gas - planned amount (amount) of natural gas caused by the contract of delivery of natural gas between the consumer and the supplier for the corresponding settlement period which shall be delivered to the consumer in accordance with the terms hereof;

the residential customer - physical person which acquires natural gas for the purpose of use for own domestic needs, including for cooking, heating of water and heating of the premises, not including professional and business activity;

the supplier with special obligations - the subject of managing to whom according to article 11 of the Law of Ukraine "About the natural gas market" the Cabinet of Ministers of Ukraine assigns special obligations on supply of natural gas of certain category of consumers and which has no right to refuse to such consumers the conclusion of the delivery agreement of natural gas;

the supplier of "the last hope" - the supplier determined by the Cabinet of Ministers of Ukraine who has no right to refuse the conclusion of the delivery agreement of natural gas for limited period of time;

the supplier of natural gas (further - the supplier) - subject of managing which based on the license performs activities for supply of natural gas;

supply of natural gas - economic activity which is subject to licensing and consists in realization of natural gas directly to consumers based on the agreements signed with them;

The register of consumers of the supplier - the list of consumers who in the procedure established by the Code of gas-transport system are fixed in information platform of GTS operator with certain supplier in settlement period;

Settlement period - the gas days and/or gas month determined by the Code of gas-transport system in the natural gas market concerning which (which) between the consumer and his supplier certain amounts of selection/consumption of natural gas are determined and the corresponding calculations are perfromed;

the website of the supplier - the official site of the supplier on the Internet determined in the delivery agreement of natural gas and/or the statement accession, containing the current version of the delivery agreement of natural gas and Rules, and also general terms of delivery (including the prices), the rights and obligations of the supplier and the consumer, specifying of acts of the legislation which govern the relations between the supplier and the consumer, the available methods of the pre-judicial dispute resolution with the supplier and other necessary information;

the consumer - legal entity or physical person or physical person entrepreneur who receives natural gas based on the delivery agreement of natural gas for the purpose of use for own needs or use as raw materials, but not for resale.

Other terms and determinations are used in these Rules in the values given in the Law of Ukraine "About the natural gas market", the Code of gas-transport system approved by the resolution NKREKP of September 30, 2015 No. 2493 (further - the Code of gas-transport system), the Code of gas-distribution systems approved by the resolution NKREKP of September 30, 2015 No. 2494 (further - the Code of gas-distribution systems).

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