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LAW OF UKRAINE

of June 10, 2023 No. 3141-IX

About introduction of amendments to some laws of Ukraine concerning prevention of abuses on wholesale energy markets

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following laws of Ukraine:

1. "About the Antimonopoly Committee of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 50, Art. 472 with the following changes) to add part one of article 7 of the Law of Ukraine with Item 11 1 of the following content:

"11. 1) according to statements of the National commission performing state regulation in spheres of power and utilities to make investigation for the purpose of identification of violations of the law in the field of protection of the economic competition in the markets of electrical energy and natural gas".

2. In the Law of Ukraine "About alternative energy sources" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 24, Art. 155 with the following changes):

In paragraph four of part two of Article 9-1 of the word of "three years" shall be replaced with words 1) "four years";

2) in Article 9-4 part three Item "and":

third to state the paragraph in the following edition:

"at the 0,975 level - for subjects of managing which make electrical energy from wind energy on the power generation facilities or queues of their construction (start-up complexes) put into operation from January 1, 2020 to June 30, 2023";

after the paragraph of third to add with the new paragraph of the following content:

"at the 0,825 level - for subjects of managing which make electrical energy from wind energy on the power generation facilities or queues of their construction (start-up complexes) put into operation since July 1, 2023".

With respect thereto the fourth – the tenth to consider paragraphs respectively paragraphs the fifth – the eleventh.

3. In paragraph six of part seven of article 30 of the Law of Ukraine "On regulation of town-planning activities" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 34, Art. 343 with the following changes) words and figures "till December 31, 2022" shall be replaced with words also in figures "till December 31, 2024".

4. In the Law of Ukraine "About the natural gas market" (Sheets of the Verkhovna Rada of Ukraine, 2015, No. 27, Art. 234 with the following changes):

1) in Article 1:

a) in part one:

add with Items 5-3, 10-1 and 14-4 of the following content:

"5-3) gas company - the company performing production (production) of natural gas, low-carbon gases and gases from renewable energy resources";

"10-1) insider information in the natural gas market - the unpublished information of exact nature directly or indirectly concerning one or several wholesale energy products in the natural gas market disclosure or promulgation of which can affect considerably market price according to one or several wholesale energy products";

"14-4) critical energy infrastructure - the power objects necessary for ensuring the functions, vital for society, safety and welfare of the population, removal from system or destruction of which will have significant effect on the homeland security and defense surrounding the environment and can lead to substantial financial damages and the human victims which were carried to critical infrastructure according to the procedure, determined by the legislation";

state Item 16 in the following edition:

"16) objects of gas infrastructure - production facilities and installations of the gas companies, gas-transport systems, gas-distribution systems, gas storages, the LNG installation";

add with Items 22-1 and 23-1 of the following content:

"22-1) planned unavailability of installations - planned conclusion of objects of gas infrastructure and installations from work owing to the planned repair, maintenance and other reasons";

"23-1) unplanned unavailability of installations - conclusion of objects of gas infrastructure and installations in emergency repair, as well as owing to other contingencies";

state Item 39 in the following edition:

"39) the subject of the natural gas market - the operator of gas-transport system, the operator of gas-distribution system, the operator of gas storage, the operator of the LNG installation, the customer, the wholesale seller, the wholesale buyer, the supplier, the gas company, the consumer";

add with Item 49 of the following content:

"49) sensitive information on protection of critical infrastructure (further - sensitive information) - information which unauthorized disclosure can lead to damage or destruction of objects of critical infrastructure";

b) the second to state part in the following edition:

"2. The terms "wholesale energy market", "wholesale energy products", "person who is professionally organizing transactions with wholesale energy products", "participant of wholesale energy market" are used in this law in the values given in the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities". Other terms are used in the values given in the laws of Ukraine "About oil and gas", "About pipeline transport" and other laws of Ukraine";

2) paragraph one of part one of Article 2 to add with words and figures "Regulations of the European parliament and Council (EU) No. 1227/2011 of October 25, 2011 about respectability and transparency on wholesale energy market and decisions of Council of Ministers of Energy Community";

3) in Article 4:

a) in part three:

add with Item 1-1 of the following content:

"1-1) registration of the subjects of the natural gas market performing or intending to perform activities on the wholesale energy market, according to the procedure, approved by the Regulator";

state Item 20 in the following edition:

"20) approval of forms of the reporting of subjects of the natural gas market (except the consumers who are not participants of wholesale energy market), and also procedure for their filling and representation";

add with Items 21-1, 22-1 and 29-2 of the following content:

"21-1) determinations of requirements and provision of recommendations about ensuring respectability and transparency on wholesale energy market according to requirements of regulatory legal acts of Energy community and recommendations of the Agency concerning cooperation of energy regulators; identification in actions of participants of wholesale energy market of signs of abuse on wholesale energy market";

"22-1) monitoring of behavior in the market and economic trading activity of subjects of the natural gas market concerning the transactions concerning wholesale energy products for the purpose of identification and prevention of abuses in the natural gas market";

"29-2) determination of requirements for protection, provision, disclosure and promulgation of information by subjects of the natural gas market (participants of wholesale energy market), and also persons who are professionally organizing transactions with wholesale energy products";

b) 1, 3-5 parts five to state Items in the following edition:

"1) to request and obtain information which is necessary for proper accomplishment of the functions by it, from any subject of powers of authority, subjects of the natural gas market (except the consumers who are not participants of wholesale energy market), persons who are professionally organizing transactions with wholesale energy products in the natural gas market, other participants of wholesale energy market";

"3) to initiate and make investigation of abuses on wholesale energy market according to the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities";

4) to issue the decisions obligatory for accomplishment by subjects of the natural gas market (except the consumers who are not participants of wholesale energy market);

5) to impose sanctions on the subjects of the natural gas market (except the consumers who are not participants of wholesale energy market) who broke the obligations according to this Law and other acts of the legislation";

To add 4) with Article 9-1 of the following content:

"Article 9-1. Registration of subjects of the natural gas market

1. Have the right to make transactions with wholesale energy products only persons registered as participants of wholesale energy market according to the procedure, approved by the Regulator";

Part the second Article 13 to add 5) with Item 6 of the following content:

"To provide 6) to the party with which the agreement on delivery / купле-продаже natural gas, information on the total rated power of the gas equipment is signed if the technical capability of such equipment can provide gas consumption of 600 GW * h in year and above";

6) in Article 17:

a) to add the name after the word "preserving" with the words "and provision";

b) add with parts three and the fourth the following content:

"3. Participants of wholesale energy market, persons, professionally organizing transactions with wholesale energy products, and trade repositories shall provide to the Regulator information on the economic trading activities on wholesale energy market concerning wholesale energy products including offers (requests).

The participant of wholesale energy market provides such information through the administrator of data transmission or independently if it acquired the status of the administrator of data transmission according to the procedure, established by the Regulator. In case of provision of such information to the administrator of data transmission and/or trade repository the obligation of the participant of wholesale energy market on submission of such information is considered executed.

Participants of wholesale energy market shall provide to the Regulator information on capacity and use of installations for production/production, storage, transportation or consumption of natural gas, about capacity and use of the LNG installations, including planned and unplanned unavailability of such installations.

4. The regulator determines procedure, content, amount and frequency of provision and promulgation of information determined by this Article";

Article 34 to add 7) with part five of the following content:

"5. The operator of gas-transport system shall have watch system behind distribution of capacity of gas-transport system by results of which functioning to report the Regulator in the procedure determined by it instantly, but no later than the next working day, about transactions on capacity distribution concerning which there are reasonable bases to believe that they are performed with violation of the set restrictions on the address with the insider information or have signs of manipulation or attempt of manipulation in the natural gas market.

The operator of gas-transport system is person who will professionally organize transactions with wholesale energy products in the natural gas market, and also is administrator of data transmission and the administrator of platform of the insider information.

The operator of gas-transport system stops accomplishment of functions of the administrator of data transmission and the administrator of platform of the insider information in case of discrepancy to the requirements established by the Regulator to such administrators based on the solution of the Regulator on such discrepancy. Renewal of accomplishment of functions of the administrator of data transmission and the administrator of platform of the insider information is performed after elimination of the discrepancies which formed the basis for suspension of accomplishment of functions";

To add Article 35 with part four of the following content:

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