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

of September 14, 2017 No. 1131

About approval of the Procedure for development, approval and approval of investing programs of subjects of managing in the field of centralized water supply and centralized water disposal which licensing of activities is performed by the National commission performing state regulation in spheres of power and utilities

(as amended on 01-06-2021)

According to article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" to article 18-1 of the Law of Ukraine "About drinking water, drinking water supply and water disposal" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve the Procedure for development, approval and approval of investing programs of subjects of managing in the field of centralized water supply and centralized water disposal which licensing of activities is performed by the National commission performing state regulation in spheres of power and utilities which is applied.

2. This resolution becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Chairman of NKREKP

D. Vovk

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of September 14, 2017 No. 1131

Procedure for development, approval and approval of investing programs of subjects of managing in the field of centralized water supply and centralized water disposal which licensing of activities is performed by the National commission performing state regulation in spheres of power and utilities

1. General provisions

1.1. This Procedure establishes the mechanism of development, approval, approval, approval and accomplishment of investing programs (further - SP) and development plans for systems of centralized water supply and centralized water disposal (further - PR) subjects of managing in the field of centralized water supply and centralized water disposal for the purpose of determination of justification of the capital investments planned by them and/or return of means according to the credit agreements approved by the National commission performing state regulation in spheres of power and utilities (further - NKREKP), or taken under the state guarantees, including until approval of this Procedure, on accomplishment of the investment actions considered in rates for centralized water supply and/or centralized water disposal, and other raised funds, and also ensuring target use of means with these subjects.

1.2. Action of this Procedure extends to subjects of natural monopolies who in the procedure established by the legislation obtained the corresponding license for the right of implementation of economic activity on centralized water supply and/or centralized water disposal (further - licensees), licensing of activities and which state regulation is performed by NKREKP.

1.3. In this Procedure terms are used in such values:

base period - the period preceding the planned period lasting, as a rule, calendar year;

production investments from profit - certain profit share, formed from economic activity of the licensee (including due to the reached economic effects after realization of investing program) also goes for the financing of actions of SP and PR aimed at the production development;

sources of financing of SP and PR (further - financing sources) - the means received from implementation by the licensee of the licensed activities at the expense of which financing of actions of SP and PR, including fixed asset depreciation and intangible assets is performed, production investments from profit, means in the amount provided by structure of the established rates for centralized water supply and/or centralized water disposal for accomplishment of SP and PR and other receipts received from implementation of the economic activity connected and not connected with the licensed type of activity (further - own means), borrowed funds (bonded loans, bank loans), the raised funds (the means received from sale of shares, attracted under agreements of financial leasing, share and other fees of citizens and legal entities, investors, grants), budgetary funds, compensation (provided by structure of the established rates) for repayment of the loan, and also the residual means determined by this Procedure;

actions - separate components of SP and PR which financing is directed on:

acquisition of the works, goods and services directed to updating of fixed assets, increase in production efficiency, ensuring accounting of natural and energy resources, sales amounts of services, optimization of technological expenses and losses of water, improvement of quality of provision of services, level of production organization

development of project and technical documentation of the measures provided by SP and PR including development of the feasibility statement (further - the feasibility study) for attraction of bank loans (credits),

return of the main amount of the borrowings according to the existing credit agreements approved by NKREKP or taken under the state guarantees including until approval of this Procedure, on accomplishment of actions of SP,

servicing (interest payment for use) of the borrowings (the credits, loans) including provided by international financial institutions approved with NKREKP for implementation of licensed activities concerning the objects which are not put into operation (within implementation of investment projects are in construction stage and so forth), according to the existing credit agreements;

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