ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 25, 2016 No. 1245

About procedure for restriction of giving (delivery) and gas offtake, about change and recognition voided some acts of the Government of the Russian Federation

According to the Federal Law "About Gas Supply in the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of restriction of giving (delivery) and gas offtake;

changes which are made to the Rules of supply of gas in the Russian Federation approved by the order of the Government of the Russian Federation of February 5, 1998 No. 162 "About approval of Rules of supply of gas in the Russian Federation" (The Russian Federation Code, 1998, No. 6, Art. 770; 2005, No. 51, Art. 5526; 2010, No. 20, Art. 2466; 2011, No. 49, Art. 7281; 2012, No. 14, Art. 1638; 2013, No. 32, Art. 4328; 2014, No. 26, Art. 3566; 2015, No. 31, Art. 4677).

2. Recognize invalid:

the order of the Government of the Russian Federation of January 5, 1998 No. 1 "About the Procedure for the termination or restriction of giving of electrical and heat energy and gas to the organizations consumers in case of non-payment given them (used by them) fuel and energy resources" (The Russian Federation Code, 1998, No. 2, the Art. 262);

the order of the Government of the Russian Federation of July 17, 1998 No. 789 "About modification and amendments in the Procedure for the termination or restriction of giving of electrical and heat energy and gas to the organizations consumers in case of non-payment given them (used by them) fuel and energy resources" (The Russian Federation Code, 1998, No. 29, the Art. 3573);

Item of 2 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of August 8, 2012 No. 808 "About the organization of heat supply in the Russian Federation and about introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2012, No. 34, the Art. 4734).

3. Determine that Governed and the changes approved by this resolution extend to the relations which arose from the agreements signed about day of entry into force of this resolution.

Approved by the Order of the Government of the Russian Federation of November 25, 2016 No. 1245

Rules of restriction of giving (delivery) and gas offtake

1. These rules establish procedure for restriction of giving (delivery) and gas offtake to legal entities and individual entrepreneurs (further - consumers).

2. The bases for complete restriction of giving (delivery) and gas offtake are:

a) threat of life and (or) to health of the person and (or) damnification to the environment;

b) accident on gas (gas transmission) distribution network and (or) network of gas consumption by means of which gas transportation to the consumer, or threat of its origin, and also work on prevention, localization of such accident or elimination of its consequences is performed;

c) repair of gas (gas transmission) distribution network by means of which gas transportation to the consumer, except for the repair provided by the subitem "an" of Item 3 of these rules is performed;

d) lack of legal basis for giving (delivery) and gas offtake, and also use of the gas-using equipment with violation of provisions of the legislation of the Russian Federation;

e) enforcement of schedules of the transfer of consumers to reserve types of fuel in case of cold snaps and (or) schedules of emergency gas supply which concerning the corresponding consumer provide complete restriction of giving (delivery) and gas offtake;

e) the complete or partial non-execution or improper execution of obligations on payment of the delivered gas and (or) services in its transportation at the scheduled time allowed by the consumer more than 3 times within 12 months.

3. The bases for partial restriction of giving (delivery) and gas offtake are:

a) repair of gas (gas transmission) distribution network by means of which gas transportation to the consumer is performed if such repair is followed by pressure decline in gas (gas transmission) distribution network (its site);

b) use of gas with violation of the requirements to technical condition of separate gas-using consumer equipment established by the legislation of the Russian Federation;

c) enforcement of schedules of the transfer of consumers to reserve types of fuel in case of cold snaps and (or) schedules of emergency gas supply which concerning the corresponding consumer provide partial restriction of giving (delivery) of gas;

d) the complete or partial non-execution or improper execution of obligations on payment of the delivered gas and (or) services in its transportation at the scheduled time allowed by the consumer more than 2 times within 12 months.

4. Restriction of gas offtake in the case provided by the subitem "an" of Item 2 of these rules is made by the consumer without delay.

Restriction of gas offtake in the case provided by the subitem "g" of Item 2 and the subitem "b" of Item 3 of these rules is made by the consumer in daily time from the date of emergence of the corresponding bases.

If the consumer did not limit gas offtake in the cases provided by subitems "an" and "g" of Item 2 and the subitem "b" of Item 3 of these rules restriction of giving (delivery) of gas to the consumer is made by the gas-distributing organization, gas (gas transmission) distribution networks and (or) networks of gas consumption of which are directly attached to networks of the consumer, according to the procedure, established by the legislation of the Russian Federation.

The specified gas-distributing organization no later than 5 days about day of restriction of giving (delivery) of gas to the consumer shall send to the supplier of gas and the consumer the adequate notice, except for case if such restriction was made without delay on the basis provided by the subitem "an" of Item 2 of these rules what the gas-distributing organization notifies the supplier of gas and the consumer no later than one day following behind day of restriction on.

5. Restriction of giving (delivery) and gas offtake in the cases provided by subitems "b" and "v" of Item 2 and the subitem "an" of Item 3 of these rules is made by the gas-distributing organization on which gas (gas transmission) distribution networks there was accident or repairs are made or networks of which are technologically connected with ownerless networks on which there was accident or repair is performed:

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