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

of April 28, 2017 No. 615

About approval of Changes in the Resolution of NKREKP of September 30, 2015 No. 2493

According to article 4 of the Law of Ukraine "About the natural gas market" and article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve Changes in the resolution of NKREKP of September 30, 2015 No. 2493 "About approval of the Code of gas-transport system", registered in the Ministry of Justice of Ukraine on November 6, 2015 at No. 1378/27823, which are applied.

2. To customers of transportation services till October 1, 2017 to provide reduction of financial provision on balancing fee (in the form of the bank guarantee) in compliance with requirements of the Section VIII of the Code of gas-transport system approved by the resolution of the National commission performing state regulation in spheres of power and utilities, of September 30, 2015 to No. 2493, registered in the Ministry of Justice of Ukraine on November 6, 2015 at No. 1378/27823.

3. This resolution becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper, except the paragraph of the twenty third subitem 1 of Item 7 of the Section II of Changes in the resolution of NKREKP of September 30, 2015 No. 2493, which becomes effective since July 01, 2017.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of April 28, 2017 No. 615

Changes in the Resolution of NKREKP of September 30, 2015 No. 2493

I. In Item 3 of the resolution signs and words", except the second offer of the subitem 3 Items 6, of Item 11 of Chapter 3 of the Section XII, Item 5 of Chapter 4 of the Section XIV of the Code of gas-transport system which become effective since April 01, 2017" to exclude.

II. In the Code of gas-transport system:

1. In the Section I:

1) in Item 5 of Chapter 1:

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

"Administration - introduction by the operator of gas-transport system of data on transition of the property right to natural gas from one customer of transportation services to other customer of transportation services on virtual outlet;".

With respect thereto third - seventy third to consider paragraphs respectively paragraphs the fourth - the seventy fourth;

the fourth to state the paragraph in the following edition:

"Allocation - reference of gas-transport system of amount of natural gas by the operator in points of input and output in/from gas-transport system on customers of transportation services (including by their partners (consumers)) for the purpose of determination for certain period of amounts of not balance of such customers;";

after the paragraph of the eleventh to add with the new paragraph the twelfth the following content:

"The bank guarantee - type of ensuring accomplishment of obligations according to which the bank guarantor assumes monetary commitment before the operator of gas-transport system according to its first requirement to pay means for the customer of transportation services in case of failure to carry out by the last in full or partially the financial liabilities before the operator of gas-transport system for the transportation agreement of natural gas. The bank guarantee is proper financial provision for the purposes of of this Code if it is irrevocable, non-transferable and unconditional;".

With respect thereto the twelfth - the seventy fourth to consider paragraphs respectively paragraphs the thirteenth - the seventy fifth;

in the paragraph the seventeenth" in which combine one or more physical points with physical arrangement" to exclude sign and words;

the eighteenth to state the paragraph in the following edition:

"Virtual outlet (virtual point on which there is transfer of natural gas) - point of input and output in gas-transport system with uncertain physical arrangement on which trading and other commercial activities in the natural gas market between wholesale sellers and wholesale buyers / suppliers of natural gas are performed and concerning which the operator of gas-transport system performs administration of such points;";

after the paragraph of the eighteenth to add with the new paragraph the nineteenth the following content:

"Virtual point on interstate connection - virtual point of input and output which combines two or more physical points of input and output in/from gas-transport system on interstate connection with one neighboring country;".

With respect thereto the nineteenth - the seventy fifth to consider paragraphs respectively paragraphs the twentieth - the seventy sixth;

to state the paragraph of the fortieth in the following edition:

"Interstate connection - junction of gas-transport system of Ukraine with gas-transport system of neighboring state;";

after the paragraph of the sixty fifth to add with the new paragraph the sixty sixth the following content:

"The adjacent gas company - the gas company which industrial gas pipeline is directly connected to gas-transport system;".

With respect thereto paragraphs of the sixty sixth - to consider the seventy sixth respectively paragraphs the sixty seventh - the seventy seventh;

to state the paragraph of the sixty seventh in the following edition:

"Adjacent system - other gas-transport system, gas-distribution system, gas storage, the LNG installation, system of the adjacent gas company, other system which have physical connection with gas-transport system;";

Item 1 of Chapter 3 to state 2) in the following edition:

"1. The operator of gas-transport system based on the transportation agreement of natural gas and in accordance with the terms, determined in this Code, provides to subjects of the natural gas market:

right to use by gas-transport system within distribution of capacities on points of entry and exit;

transportation services of natural gas on gas-transport system within contractual capacities and the confirmed nominations.".

2. In Chapter 2 of the Section II:

Items 1 and 2 to state 1) in the following edition:

"1. In gas-transport system such points of entry are allocated:

1) points of entry with physical arrangement (further - physical points of entry):

points of entry on interstate connections;

points of entry from the adjacent gas companies (through which networks natural gas of other gas company or group of the gas companies can be transmitted);

points of entry from the LNG installations;

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