RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 4, 2017 No. 756

About realization of pilot project on implementation of electronic auctions on distribution of shares of the annual national import quota of ozone-depleting substances

List of amending documents

The Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of Ecology and Natural Resources on realization since October 1, 2017 of pilot project on implementation of electronic auctions on distribution of shares of the annual national import quota of ozone-depleting substances.

2. Approve the Temporary procedure for holding electronic auctions on distribution of shares of the annual national import quota of ozone-depleting substances which is applied.

3. To the ministry of environment protection and natural resources:

To provide 1):

reduction of own acts in compliance with this resolution;

implementation of electronic auctions on distribution of shares of the annual national import quota of ozone-depleting substances according to the requirements established by the Temporary procedure approved by this resolution;

representation till December 15, 2017. To the Cabinet of Ministers of Ukraine of the report on results of realization of the pilot project specified in Item 1 of this resolution;

2) tax for consideration of the Cabinet of Ministers of Ukraine the bill of introduction of amendments to the Law of Ukraine "About the Government budget of Ukraine for 2017" regarding receipt and the direction of the means received from distribution of shares of the annual national import quota of ozone-depleting substances and to provide its maintenance in the Verkhovna Rada of Ukraine.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 4, 2017 , No. 756

Temporary procedure for holding electronic auctions on distribution of shares of the annual national import quota of ozone-depleting substances

1. This Procedure determines the procedure of distribution at electronic auction of shares of the annual national import quota of ozone-depleting substances.

2. The terms used in this Procedure have the following value:

the website of the organizer of electronic auction - electronic resource of the organizer on which information messages about electronic auctions and results of their carrying out are placed is performed registration of participants, submission of applications for participation in electronic auctions, access for observers of electronic auctions is provided and electronic auctions are held;

the guarantee fee - cash warranty cover (cash pledge) which is compound died, obligations assumed by the organizer for ensuring accomplishment by participants, brought by participants on the settlement account of the organizer for participation in one electronic auction. The guarantee fee is established in the amount of 2500 hryvnias;

the purchase and sale agreement of share of the annual national import quota of ozone-depleting substances - the agreement signed with the winner of electronic auction on which the customer of electronic auction presents him to the winner the share of the annual national import quota of ozone-depleting substances determined by results of electronic auction;

electronic auction - procedure of distribution of shares of the annual national import quota of ozone-depleting substances as a result of which the participant who fulfilled requirements of this Procedure and offered the highest price offer has opportunity to receive shares of the annual national import quota of ozone-depleting substances. Any participant cannot receive more than 25 percent of amount of annual national quota which is offered for sale;

the customer of electronic auction - the Ministry of the environment;

lot - determined by managing committee of pilot project (further - managing committee) amount of shares of the annual national import quota of ozone-depleting substances which is distributed for transfer on electronic auction. The size of lot is calculated in kilograms of ozone-depleting potential, whenever possible multiple 0,748 (that corresponds to the ozone-depleting potential of the most widespread coolant R 22, transported in the standardized container by reservoir of 13,6 of kilogram);

amount of annual national quota which is offered for sale, - amount of annual national quota, except for amount of the ozone-depleting substances imported into the country in the current year which is determined in tons of ozone-depleting potential;

ozone-depleting substances - any substance from group I of appendix C to the Montreal protocol on the substances destroying ozone layer (further - the Montreal protocol) which exists independently or in mix and has ozone-depleting capability more than 0;

ozone-depleting potential - the indicator determined by the Montreal protocol for each ozone-depleting substance which determines potential destructive impact of such substance on ozone layer;

the organizer of electronic auction - the legal entity determined on the terms of this Procedure who conforms to its requirements and has electronic trading system (specialized hardware and software system) based on which provides the organization and holding electronic auctions on the property right;

rules of holding electronic auctions - rules which affirm the organizer of electronic auction and by which the organizer of electronic auction holds the electronic auction on the website;

the applicant - the subject of managing (legal or physical entity - the entrepreneur) who submitted the application for intention to participate in electronic auction on distribution of shares of the annual national import quota of ozone-depleting substances;

the protocol of electronic auctions - the document electronically which is created by results of electronic auction in which the course of electronic auction, information concerning his winner, participants and their price offers, data on the beginning and the end of auction, and also the other information concerning its carrying out is displayed;

registration number of the participant - the detail allowing to identify the participant and with which the last participates in electronic auction;

the observer of electronic auctions - any Internet user who gratuitously watches holding electronic auctions through the website without opportunity to submit the price proposals;

consumption - total quantity of the ozone-depleting substances made in Ukraine and imported from other states, except for the ozone-depleting substances exported to other states;

the participant - the applicant who is allowed to participation in electronic auction and who fulfilled requirements of Item 13 of this Procedure;

annual national quota - the annual amount of consumption of ozone-depleting substances determined by the Montreal protocol permitted for Ukraine and making 16,42 of ton of ozone-depleting potential.

In this Procedure the term "final beneficial owner (controller)" is used in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", and the term "connected person" - in the value given in the Tax code of Ukraine.

3. The subject of managing registered in the territory of Ukraine in the procedure established by the legislation, having electronic trading system which allows to hold electronic auctions on the property right can be the organizer of electronic auction; experience of realization of property through electronic trading system at least one year; the amount of the realized property for previous year makes at least 100 million hryvnias.

The customer of electronic auction posts the message on the choice of the organizer of electronic auction on the official site.

For the conclusion of the service provision agreement on the organization of electronic auction and receipt of the status of the organizer of electronic auction the subject of managing which meets the requirements of this Item submits to the customer of electronic auction in time, provided in the message on the choice of the organizer of electronic auction, the written address and documentary confirmation of availability of the status of the subject of managing (the extract from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming), the documents confirming property sales amount by means of electronic trading system. The documents confirming property sales amount by means of electronic trading system are protocols of holding electronic auctions.

The organizer of electronic auction earns reward in the amount of 1 percent of final price of lot which does not enter the amount which the winner of auction shall pay to the customer for rendering services in the organization of electronic auction, and is paid at the expense of the winner of electronic auction by its deduction from the guarantee fee.

If the amount of remuneration of the organizer of electronic auction exceeds the size of the guarantee fee, the winner of auction shall pay it according to Item 19 of this Procedure.

The amount of the guarantee fee remaining after deduction of remuneration of the organizer of electronic auction enters purchase price of lot and is listed by the organizer to the customer of electronic auction during three banking days from receipt date of the protocol auction signed by the winner.

4. Control of observance of conditions of holding electronic auctions is exercised by managing committee which staff and operating procedure affirm the customer of electronic auction.

5. The chairman of managing committee is the Minister of environment protection and natural resources or person authorized by it.

Information, organizational and other support of activities of managing committee is performed the Ministry of the environment.

6. The customer of electronic auction not later than 30 calendar days about day of holding the auction places in the Pravitelstvenny Kuryer newspaper and on the official website the announcement of its carrying out in which are published:

sizes of lots;

information on the organizer of electronic auctions;

website of the organizer of electronic auctions;

rules of holding electronic auctions;

date and time of holding electronic auctions;

submission due date of the statement for intention to participate in electronic auction which constitutes seven calendar days after publication of the announcement of running an electronic auction;

the address to which statements for intention to participate in electronic auction are adopted;

phone number for reference.

7. The customer of electronic auction provides preparation and representation to the organizer of electronic auction of the request for holding electronic auctions on distribution of shares of annual national quota in three-day time after determination by managing committee of the amount offered for sale.

8. The applicant gives to the customer of electronic auction in time, provided in the announcement, such documents certified by the authorized signature of the subject of managing or the personal signature of physical person entrepreneur:

the statement for intention to participate in electronic auction in any form;

information about the applicant (the name and code according to EGRPOU of the legal entity, surname, name and middle name of physical person entrepreneur, registration number of accounting card of the taxpayer), addresses, phone number, surname and the head's position (for the legal entity), the e-mail address. The statement for intention to participate in electronic auction with the list of documents, attached to it, moves in duplicate with indication of date and reference number, and also the mark "the statement for intention to participate in electronic auction selling shares of the annual national import quota of ozone-depleting substances" becomes;

the copy of the document confirming registration of the legal entity in the state of its location;

structure of property of the applicant at the final beneficial owner (controller) for the legal entity;

data of rather ozone-depleting substances which are planned to import (the name, chemical composition, substance condition - primary, recuperated, recovered, amounts, purpose of substance and its use in engineering procedure of production);

the report on the treatment of ozone-depleting substances for subjects of managing which imported ozone-depleting substances for the last five years, in the form given in appendix.

9. Information on registration of statements on intention to participate in electronic auction is posted on the official site of the customer of electronic auction not later than three working days from registration date of such statement.

10. The customer of electronic auction sends inquiry of the SSU, GFS, Gosfinmonitoring and to the Antimonopoly Committee for consideration of documents of the applicant for identification of the subjects of managing performing financing of terrorism in Ukraine.

In case of failure to provide by the specified bodies of reply to the request within 14 calendar days from the date of its receipt it is considered that by results of consideration of documents of the applicant the subjects of managing performing financing of terrorism in Ukraine are not revealed.

11. The decision on the admission of the applicant to participation in electronic auction or variation of its statement for intention to participate in electronic auction is accepted by managing committee not later than five days before the announced date of electronic auction.

Information on the admission to participation in electronic auction goes to the applicant the customer of electronic auction to the e-mail address specified in the documents provided by the applicant and is posted on the official site of the customer of electronic auction within three working days from the moment of decision making.

12. According to the decision of managing committee the statement for intention to participate in electronic auction is subject to variation in case:

representations of incomplete document package or their discrepancy to Item 8 of this Procedure;

identifications in the documents filed by the applicant, false information;

recognitions invalid, cancellations of approvals and/or the licenses granted to the applicant for import of ozone-depleting substances in the last periods;

information availability from law enforcement agencies and subjects of financial monitoring that the applicant performs financing of terrorism in Ukraine;

detection of information that applicants are the faces tied among themselves.

The notification on variation of the statement for intention to participate in electronic auction within three working days from the moment of decision making goes to the applicant the letter and to the e-mail address specified in the documents filed by the applicant.

13. After receipt of the decision on the admission to participation in electronic auction the applicant is registered on the website of the organizer of electronic auction via which submits the application for participation in electronic auction on each lot separately, pays the guarantee fee into the account of the organizer of electronic auction and fulfills the requirements determined by rules of holding electronic auctions.

From the moment of accomplishment by the applicant of the specified conditions he is considered the participant of electronic auction.

14. The application for participation in electronic auction can be submitted not later than one hour prior to running an electronic auction. The applications for participation in electronic auction submitted with violation of the term specified in this Item are not accepted by the organizer of electronic auction.

15. The electronic auction is held openly according to rules of holding electronic auctions. The organizer of electronic auction provides continuous access to participants and observers of the website for the purpose of receipt of data on the course of electronic auction.

The minimal cost of lots is not established. The final cost of lots is fixed by electronic trading system according to the price offers provided by participants.

16. The winner of electronic auction the participant who at the time of completion of the electronic biddings offers the highest price offer is recognized.

17. If by the time of completion of electronic auction any price offer did not arrive, the electronic auction is considered cancelled.

18. By results of running an electronic auction on the website of the organizer of electronic auction the protocol on each lot separately according to rules of holding electronic auctions is created and placed.

19. The winner of the auction during 10 banking days from the date of following later the ends of electronic auction shall:

sign the protocol and provide it to the organizer of electronic auction;

transfer funds which are subject to payment according to the protocol of electronic auction;

sign the purchase and sale agreement of share of the annual national import quota of ozone-depleting substances with the customer of electronic auction.

The protocol (protocols) with determination of the winner of auction is the basis for the conclusion of the purchase and sale agreement of shares of the annual national import quota of ozone-depleting substances.

20. The organizer of electronic auction together with own signature not later than during the next working day after its obtaining sends the original of the protocol signed by the winner of auction to the customer of electronic auction.

The organizer of electronic auction also shall sign and send to the customer of electronic auction protocols of electronic auctions which did not take place.

21. If the winner of auction did not fulfill the requirement of Item 19 of this Procedure, it loses the right to acquisition of share of the annual national import quota of ozone-depleting substances.

In case of deprivation of the winner of auction of the right to acquisition of share of the annual national import quota of ozone-depleting substances the participant who submitted the price proposal following in size and in case of identical price offers - given earlier, is determined by the winner of auction according to the procedure of redefinition of higher cost without carrying out the repeated biddings. In that case the organizer of electronic auction creates the relevant protocol and within three working days sends it to the customer of electronic auction.

22. Return of the paid guarantee fees of the participants who did not win the electronic biddings is performed during three banking days from the date of accomplishment by the winner of auction of the actions determined in Item 19 of this Procedure. In case of specifying in the application for participation in electronic auction or during registration of incomplete information on bank details the organizer of electronic auction does not bear responsibility for violation of term of return of the guarantee fee.

23. The guarantee fee does not return in case:

refusal of the winner of auction of the conclusion of the purchase and sale agreement of share of the annual national import quota of ozone-depleting substances which is drawn up by the relevant protocol;

non-realizations of payment for the acquired lot;

not signings of the protocol of the electronic biddings during fixed term.

24. The materials provided by participants of electronic auction according to Item 8 of this Procedure do not return.

25. The electronic auction is considered cancelled, in case of absence of the allowed participants.

In case of recognition of electronic auction cancelled, the repeated electronic auction is held according to this Procedure.

26. Results of electronic auctions can be appealed by participants and are acknowledged invalid only judicially.

In case of recognition of results of the electronic auction and the purchase and sale agreement of shares of the annual national import quota of ozone-depleting substances signed with the winner of auction invalid the managing committee makes the decision on holding repeated electronic auction.

In that case to the winner of auction the guarantee fee and means paid to them according to Item 19 of this Procedure returns.

Appendix

to the Temporary procedure

The report on the treatment of ozone-depleting substances and goods which contain them

See Appendix (4Kb In original language)

 

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