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LAW OF UKRAINE

of November 21, 2023 No. 3484-IX

About the minimum inventories of oil and oil products

This Law determines legal, organizational and economic basis of creation and functioning in Ukraine of system of the minimum inventories of oil and oil products, and also governs the relations in the specified sphere.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in the following value:

1) the administrator of electronic system the reportinga-subject of managing of the state pattern of ownership providing functioning and performing administration of electronic system of reporting;

2) the database of the minimum inventories of oil and oil products components of electronic system of reporting, containing information on the minimum inventories of oil and oil products;

3) basic year-calendar year during which the data used for calculation of level of the minimum inventories of oil and oil products which should be created and stored, or concerning the level of the created minimum inventories of oil and oil products are considered;

4) balance of delivery and consumption of oil and oil products reports about the actual amounts (in monetary and quantitative value) oil supply and oil products for their final consumption on customs area of Ukraine, including amounts of their import / export, production and conversion taking into account difference of remaining balance during corresponding monthly, quarter, semi-annual and annual the periods;

5) bank guarantee type of financial provision of the obligation fulfillment made in written (electronic) form according to which the bank institution undertakes monetary commitment before the central executive body providing forming and realizes state policy in oil and gas and oil and gas processing complex, according to its first requirement to pay for the subject of the market of means in case of failure to carry out by such subject in full or partially the obligations on creation of the minimum inventories of oil and oil products according to requirements of this law;

6) the responsible keeper - the subject of managing of any form of business and pattern of ownership whose activities are subject to licensing according to the Law of Ukraine "About state regulation of production and turnover of ethyl alcohol, spirit distillates, alcoholic beverages, tobacco products, the liquids used in electronic cigarettes and fuel" and who has on the property right or uses the reservoirs meeting the requirements for technological, ecological and fire safety and providing preserving quantity and quality characteristics of oil and/or oil products during the term of their storage which activities are directed to oil storage and/or oil products and provision of service in safe custody according to this Law;

7) internal consumption - the total amounts of oil and oil products estimated for the base year according to appendix II to the Directive of Council 2009/119/EU of September 14, 2009 concerning the obligation of state members to provide the minimum level of reserves of crude oil and/or the oil products (further - the Directive of Council 2009/119/EU) coming to the domestic market of Ukraine for energy and not energy use. Internal consumption provides deliveries for the sector of the industry including overworking, the transport sector, the sector of households and other sectors for "final" consumption, and also own consumption of the energy sector (except the crude oil used for further conversion);

8) electronic platform of electronic system the reportinga-component of electronic system of reporting used for collection, systematization and information analysis which representation is stipulated by the legislation in the field of the minimum inventories of oil and oil products, determination of amounts of the minimum inventories of oil and oil products for each subject of the market and control over the implementation of obligations of such subjects of the market;

9) the electronic репортинга-информационно-коммуникационная system the system on the minimum inventories of oil and oil products which is component of complete monitoring system of the oil market and oil products and providing:

creation, collection, introduction, accumulating, review, sending, acceptance, processing, use, storage, protection, accounting and provision of information on creation, management and functioning of system of the minimum inventories of oil and oil products;

representation by subjects of the market of information concerning production volumes, inventories, import/export, realization of oil products, and also amounts of import/export and oil refining;

representation by accredited test laboratories and conformity assessment bodies of information on results of testing of oil products concerning their quality and safety;

informing on availability of the bank guarantee;

10) commercial inventories inventories of oil and/or oil products which are property and are stored by subjects of the market to whom the obligation provided by this Law on creation of the minimum inventories of oil and oil products does not extend;

11) crisis situation in the oil market and oil products violations of supply-demand balance of oil and oil products, caused by sharp and unexpected reduction of the offer of oil and oil products at the national and/or international level as a result of which amounts of consumption of oil and oil products in the domestic market of Ukraine considerably exceed amounts of their deliveries;

12) the minimum inventories of oil and oil products - special inventories of oil and oil products of subjects of the market which are created, stored, replaced reveal, used, renew and realization according to the procedure, determined by this Law and which are intended for temporary satisfaction of demand of the domestic market of Ukraine in consumption of oil and oil products in case of crisis situation in the oil market and oil products is subject;

13) oil products - only gasolines automobile, diesel fuel, received in case of oil refining, gas condensate or their mix, conforming to requirements of the Technical regulation concerning requirements to automobile gasolines, diesel, to ship and boiler fuels, approved by the Cabinet of Ministers of Ukraine, and the corresponding existing standards, and also the gas liquefied, conforming to requirements of the Technical regulation concerning requirements to gas liquefied for the road transport, household consumption and the industrial purposes approved by the Cabinet of Ministers of Ukraine, and the corresponding existing standards;

14) the operator of the minimum inventories of oil and oil products (further - the operator) - the subject of managing meeting the requirements established to the subject of the market and the responsible keeper performs activities for creation, storage of the minimum inventories of oil and oil products and provides services in reservation and storage of the minimum inventories of oil and oil products in the relevant agreements (tikets-agreements);

15) the reservoirs reservoirs intended for accumulating, storage and accounting of oil or oil products, meeting the established requirements for technological, ecological and fire safety provide preserving quantity and quality characteristics of oil and/or oil products during the term of their storage and are equipped with level gages counters of amount of oil and/or oil products according to requirements of the legislation;

16) disclosure of the minimum inventories of oil and oil products acceptances by the Cabinet of Ministers of Ukraine decisions on realization (sale) of oil and/or oil products from structure of the minimum inventories of oil and oil products for minimization of negative effects of influence of crisis situation in the oil market and oil products and stabilization of situation in domestic market of Ukraine;

17) system of the minimum inventories of oil and oil products - set of legal, organizational and administrative actions, engineering, technical means, the software, and also the methods of information processing directed to creation, storage, replacement, disclosure, use, updating and realization (sale) of the minimum inventories of oil and oil products;

18) the subject of the oil market and oil products (further - the subject of the market) - subject of managing which activities are subject to licensing according to the Law of Ukraine "About state regulation of production and turnover of ethyl alcohol, spirit distillates, alcoholic beverages, tobacco products, the liquids used in electronic cigarettes and fuel" which performs introduction into circulation of oil products;

19) тикетс on on creation and storage of the types of oil and oil products caused by the agreement, concluded between the operator and the subject of the market and being the obligation of the operator to create the minimum inventories of oil and oil products determined by such agreement instead of the subject of the market;

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