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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 27, 2019 No. 1175

About introduction of competitive conditions of production incentive of electrical energy from alternative energy sources

According to the paragraph to the twentieth 1, to parts eleven and the thirteenth article 9-3 of the Law of Ukraine "About alternative energy sources" the Cabinet of Ministers of Ukraine decides Article parts one:

1. Approve enclosed:

Procedure for holding auctions for distribution of quota of support;

Procedure for selection of operators of electronic platforms for holding auctions for distribution of quota of support.

2. Determine PROZORRO.PRODAZHI joint-stock company, control of corporate laws concerning which is exercised by the Ministry of Economics, responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system.

3. Excluded

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 27, 2019, No. 1175

Procedure for holding auctions for distribution of quota of support

General provisions

1. This Procedure determines procedure of preparation and holding the auction for distribution of quota of support (further - auction) for stimulation of electric power producers from alternative energy sources (except the domain and coked gases, and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations) by the mechanism of market award with use of electronic trading system, introduction and return of the bank guarantee, requirement to the banks providing bank guarantees, procedure for functioning of electronic trading system and determination of the winner by results of holding the auction, procedure for the conclusion and publication of the service provision agreement in electronic trading system the size and payment procedure of remuneration to operators of the authorized electronic platforms and regulates other questions of holding auctions.

Subjects of managing which intend to make and/or make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - only micro, pass hydroelectric power stations and small hydroelectric power stations), cannot participate in auctions for those power generation facilities or queues of construction (start-up complexes) of power generation facilities concerning which the "green" rate was established earlier or the right to support by results of auction is acquired or any other support and/or compensation for expenses according to article 62 of the Law of Ukraine "About the market of electrical energy" was provided/is provided.

2. In this Procedure terms are used in such value:

1) authorization data - the identification data created by the participant during passing of registration in electronic trading system with use of the authorized electronic platform by means of which check of its powers on access to personal account and making of any actions in electronic trading system is made for participation in auctions;

2) the authorized electronic platform - electronic platform which operator underwent the procedure of selection according to the Procedure for selection of operators of electronic platforms for holding auctions for distribution of quota of support approved by the resolution of the Cabinet of Ministers of Ukraine of December 27, 2019 No. 1175 (The Official Bulletin of Ukraine, 2020, No. 10, of the Art. 388), signed with the administrator of electronic trading system the usage agreement of electronic trading system and with the guaranteed buyer the agreement on holding electronic auctions on distribution of quota of support between the customer of auction and the operator of an electronic trading platform;

3) auction with the parcels of land - auction at which for construction of facilities of renewable power the parcels of land with certain technical parameters and specifications on accession to power network are offered;

3-1) auction with constructions auctions at which for installation (installation) of the power generation facilities developing electrical energy from energy of sunlight real estate units of the state-owned and utility property or their part (roof and/or facades of buildings and other capital constructions) with certain technical parameters and specifications on accession to power network are offered;

4) auction for other alternative energy sources - auction for distribution of quota of support for other alternative energy sources (except wind energy, energy of sunlight, the domain and coked gases, and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations);

5) auction of the closed type - the auction in which from the moment of activation of the module of auction until completion of auction by electronic trading system it is not displayed (is not published) any information provided by participants in statements for participation or documents attached to them and also price offers which were changed during the time allowed for updating of such offers;

6) auction of open type - the auction in which from the moment of activation of the module of auction until completion of auction in electronic trading system it is displayed (is published) the smallest price offer among the urgent price offers submitted all participants of auction;

7) the bank guarantee for ensuring obligation fulfillment under the agreement - method of ensuring accomplishment by the subject of managing which by results of auction acquired the right to support, agreement obligations about rendering service in the form of the bank guarantee in the amount of and on the conditions provided by the Law of Ukraine "About alternative energy sources" (further - the Law), Regulations on procedure banks of transactions on the guarantees in national and foreign currencies approved by the resolution of Board of National Bank of December 15, 2004 No. 639, and this Procedure;

8) the bank guarantee for participation in auction - method of ensuring execution by the participant of obligations on participation in auction in the form of the bank guarantee in the amount of and on the conditions provided by the Law, Regulations on procedure banks of transactions on the guarantees in national and foreign currencies approved by the resolution of Board of National Bank of December 15, 2004 No. 639, and this Procedure which is provided by subject of managing which has intention to participate in auction;

9) capacity size - installed capacity of power generation facility or queue of construction (start-up complex) of power generation facility concerning which the participant intends to acquire the right to support;

10) the agreement on service provision - the service provision agreement on ensuring support of production of electrical energy from alternative sources on the mechanism of market award which standard form is approved by NKREKP;

11) additional annual quota of support - amount of capacity of power generation facilities which make electrical energy from alternative energy sources which can be established in addition to annual quota of the support determined in the decision of the Cabinet of Ministers of Ukraine on holding auctions in the corresponding year;

12) individual code of the participant - set of figures and letters automatically appropriated by electronic trading system to the participant after its registration for participation in auction;

13) lot - part of annual quota of support and/or additional annual quota of support of subjects of managing which make electrical energy from alternative energy sources, determined for distribution at auction for separate alternative energy source. In case of holding the auction with the parcels of land lots are created separately on each site or several parcels of land if it is necessary for functioning of object of renewable power. In case of holding technologically neutral auction or auction for other alternative energy sources lot is created without its determination on separate alternative energy sources;

14) the announcement of holding the auction - the data and information containing data on lot, date, time and conditions of holding the auction which is published in electronic trading system and on websites of operators of the authorized electronic platforms;

14-1) lessor subject determined by part two of article 4 of the Law of Ukraine" About lease of the state-owned and utility property";

15) personal account - part of electronic trading system which is provided by the operator of the authorized electronic platform and gives the chance to the guaranteed buyer, the subject of managing who has intention to participate in auction, the participant to perform activities in electronic trading system according to requirements of this Procedure;

16) the winner - the participant who acquires the right to support in production of electrical energy from alternative energy sources (except the domain and coked gases and with hydraulic power use - made only micro, pass hydroelectric power stations and small hydroelectric power stations) by results of auction;

17) the applied program interface - the interface of programming of appendices, access to which is provided as open code which determines functionality which is provided by electronic trading system, and is intended for connection of the authorized electronic platforms (operators of the authorized electronic platforms) in electronic trading system;

18) service - the software identified to the technical address which performs interaction of information systems in case of data exchange necessary for provision of the state service in electronic form, and has the standardized interfaces. Services can interact with each other, with third-party applications by means of the electronic messages which are based on protocols of interservice interaction and with end users via graphical interfaces;

19) technologically neutral auction - auction without distribution of quota of support by separate types of alternative energy sources;

20) the conditional winner - the participant who goes the winner following the last in rating according to the protocol on results of auction and who is given opportunity to acquire the right to support in amount of part of size of capacity of power generation facility or queue of construction of power plant and on the conditions determined by this Procedure;

21) unique hyperlink - the text with record of the network Internet address, pressing which allows to pass to the page of auction in electronic trading system and to provide possibility of participation in auction. The unique hyperlink is single participant identifier;

22) authorized body - Ministry of Energy;

23) the participant - the subject of managing who has intention to participate in auction conforms to requirements of the Law, underwent the procedure of registration in electronic trading system, received the corresponding confirmation about registration for participation in auction and individual code of the participant according to Regulations of work of electronic trading system;

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