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Ministry of Justice of Ukraine

July 20, 2016

No. 996/29126

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

of April 14, 2016 No. 631

About approval of the Procedure of the procedure of certification of the operator of gas-transport system

(as amended on 23-08-2019)

According to Articles 2, of 4, of 24, 25 Laws of Ukraine "About the natural gas market" and to the Regulations on the National commission performing state regulation in the sphere of power and utilities, approved by the Presidential decree of Ukraine of September 10, 2014 No. 715, the National commission performing state regulation in the sphere of power and utilities decide:

1. Approve the Procedure of the procedure of certification of the operator of gas-transport system which is applied.

2. In accordance with the established procedure to provide to management of licensing 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.

Commission chairman

D. Vovk

Approved by the Resolution of the National commission performing state regulation in the sphere of power and utilities of Ukraine of April 14, 2016 No. 631

Procedure of the procedure of certification of the operator of gas-transport system

I. General provisions

1. This Procedure is obligatory for subjects of managing, irrespective of their form of business and pattern of ownership which intend to receive the decision on certification of the operator of gas-transport system.

2. Obligations on certification of the operator of gas-transport system are established irrespective of the chosen model of department of the operator of gas-transport system.

II. Requirements to the notification, the documents, data and information provided by the subject representing request for certification

1. The subject of managing which intends to receive the decision on certification of the operator of gas-transport system (further - the Bearer of request), chooses one of provided by the Law of Ukraine "About the natural gas market" (further - the Law) models of department ("OU" or "ISO").

2. The bearer of request after accomplishment of the requirements provided by the Law by it concerning department of the operator of gas-transport system sends request for carrying out certification of the operator of gas-transport system (further - request for certification) in the National commission performing state regulation in the sphere of power and utilities (further - the Regulator), in the form given in appendix 1 to this Procedure and such documents, data and information:

1) balance and the report on financial results of the Bearer of request for the last reporting date preceding giving of request for certification (if these documents were submitted or shall be given to bodies of statistics);

2) the copy of the decision on appointment of members of the supervisory board of the Bearer of request certified by his head (in the presence of such body);

3) the copy of the decision on appointment of members of executive body of the Bearer of request certified by his head;

4) data and information concerning officials, heads of independent structural and separate divisions and their deputies of the Bearer of request who were employed within six months before date of giving of request for certification and about their previous work in the company - subject of managing (including foreign) which performs activities in the sphere of production (production) and/or delivery of electrical energy (natural gas);

5) the list of subjects of managing in the natural gas market which are under control of the Bearer of request as connected person, with accurate specifying of method of implementation of such control and the appropriate rights;

6) the list of subjects of managing in the natural gas market which exercise control over the Bearer of request as the connected persons, with accurate specifying of method of control and the appropriate right which such subjects of managing have;

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