The basis for the supply of natural gas to a consumer is: the presence of a consumer whose facility is connected to the gas distribution system, a natural gas distribution agreement concluded in accordance with the established procedure between the consumer and the GDM Operator, and the assignment of a personal EIS code to the consumer by the GDM Operator as a natural gas market entity;
the presence of a consumer whose facility is connected to the gas transportation system with a natural gas transportation contract concluded in accordance with the established procedure between the consumer and the GTS Operator, and the assignment of a personal EIS code to the consumer by the GTS Operator as a natural gas market entity;
the consumer has a natural gas supply contract concluded with the supplier and compliance with its terms;
inclusion of the consumer in the supplier's Consumer Register in the relevant billing period;
the absence of overdue debts of the consumer for the supplied natural gas to the current supplier (if any), which must be confirmed by a written certificate from the current supplier or a reconciliation report drawn up with him.
Natural gas is supplied to the consumer under a natural gas supply contract, which is concluded in accordance with the requirements of the Resolution "On Approval of the Rules for the Supply of Natural Gas", under which the supplier is obliged to supply the consumer with natural gas in the volumes (volumes) required by the consumer, and the consumer is obliged to timely pay the supplier the cost of natural gas in the amount, terms and procedure specified in the contract.
The conclusion of a natural gas supply contract is carried out taking into account the following requirements:
the consumer has the right to conclude a natural gas supply contract with any supplier, provided that there is no overdue debt for the supplied natural gas to the current supplier;
a natural gas supply contract is not concluded in the event of the supplier purchasing natural gas for its own needs from its own volume of natural gas;
A natural gas supply contract is concluded for the entire expected volume of natural gas consumption in the billing period required by the consumer, or at his commercial metering point, which is assigned a separate EIC code.
To conclude a natural gas supply contract, the consumer must provide the supplier with the following documents:
an application for concluding a contract, in which you should indicate your personal EIS code and the expected volume(s) of natural gas consumption for the period of validity of the contract;
a duly certified copy of the document establishing the right of ownership or use of the consumer's property;
copies of documents for the right to conclude a contract, which certify the status of a legal entity or an individual entrepreneur and a person authorized to sign the contract, and a copy of the document on registration with regulatory authorities;
a certificate (account reconciliation report) stating that the consumer has no overdue debt for the supplied gas to the current supplier for the supplied natural gas, signed by the current supplier (if available).
A natural gas supply contract must contain the following terms that are essential and mandatory for this type of contract:
1) place and date of conclusion of the contract, as well as the name/surname, first names, patronymic of the supplier and consumer and their EIC codes as natural gas market entities;
2) the subject of the contract, according to which the supplier undertakes to supply the consumer with natural gas in the volumes (volumes) necessary for him;
3) EIS code of the consumer's commercial metering point(s) through which the supplier will supply natural gas (if necessary, if gas is supplied to other commercial metering points by another supplier);
4) name of the GDM/GTS Operator with whom the consumer has concluded a contract for the distribution/transportation of natural gas;
5) annual, monthly and/or daily volumes of natural gas, including by commercial metering points (if necessary), and/or their permissible deviation;
6) the procedure for reviewing and adjusting confirmed volumes of natural gas, including during the settlement period;
7) natural gas supply and consumption regimes during the settlement period;
8) price of natural gas supply under the contract;
9) procedure and terms of payments for delivered natural gas;
10) procedure for verifying the actual volume (volume) of natural gas consumed on a certain date or during the relevant period;
11) liability of the parties for failure to fulfill the terms of the contract and the grounds for its application, including in the event of the consumer exceeding the confirmed volumes of natural gas for the relevant period, as well as compensation and refund mechanisms that apply if the supplier's service quality levels under the contract are not met, in particular in the event of inaccuracies in the bill or its delay (the norm is included in the contract by agreement of the parties);
12) a list of cases when the supply of natural gas to a consumer may be limited/terminated, and the procedure for limitation/termination, and for a consumer who is not protected in accordance with the Rules on the Security of Natural Gas Supply, approved by the central executive body that ensures the formation and implementation of state policy in the oil and gas industry, additional requirements specified in the said Rules on the Supply of Natural Gas;
13) procedure for changing supplier;
14) the term of the contract and the conditions and procedure for its extension, termination or termination, including information on the possibility of its unilateral termination;
15) location/place of residence, bank details of the parties;
16) information concerning consumer rights, including regarding the consideration of complaints (dispute resolution) by the supplier, and means of communication and/or public announcement of information provided by the supplier in accordance with the Natural Gas Supply Rules;
17) procedure for resolving disputes in accordance with clause 9 of section VI of the Natural Gas Supply Rules;
18) the consumer's right to receive information defined by the Law of Ukraine "On the Features of Access to Information in the Spheres of Electricity Supply, Natural Gas, Heat Supply, Centralized Hot Water Supply, Centralized Drinking Water Supply and Water Drainage".
In order to prevent the supplier from creating an imbalance between the volumes of natural gas supplied by it to the gas transmission system for the needs of its consumers and the volumes of natural gas withdrawn/consumed by its consumers, the natural gas supply contract, by agreement of the parties (consumer and supplier), may specify a procedure for the consumer to transmit data on actual natural gas consumption for the previous gas day.
All terms and conditions of the natural gas supply contract must be fair and well known in advance. In any case, all relevant information must be provided to the consumer before the contract is concluded.
The consumer must be given due notice of the supplier's intention to change the terms of the natural gas supply contract, and the consumer must be informed of his right to refuse the proposed changes. Such notice must be given to the consumer no later than 30 days before the planned entry into force of such changes (except for the price of natural gas, if it is set for the supplier by the relevant state authorities). Consumers have the right to withdraw from the contract if they do not accept the new terms notified by the supplier.
In the event of leasing a consumer facility or part thereof and stipulating in the lease agreement the transfer to the lessee of the relevant powers to provide the leased facility or part thereof with natural gas, a natural gas supply agreement may be concluded between the lessee and the supplier on the terms provided for in the Natural Gas Supply Rules.
In the event of vacating the occupied premises and/or final termination of the use of natural gas, the consumer is obliged to notify the supplier and the GRM/GTS Operator no later than 20 business days before the date of vacating the premises and/or final termination of the use of natural gas, and to submit an application for termination of the contract and to make payment of all types of payments provided for in the relevant contracts, up to and including the date specified by the consumer of vacating the premises and/or final termination of the use of natural gas.
In the event of failure to notify or untimely notification by the consumer to the supplier of the vacating of the premises and/or the final termination of the use of natural gas, the consumer is obliged to pay for the natural gas consumed by the gas consumption facilities and other payments, based on the terms of the relevant agreements.
A natural gas supply contract with a new consumer is concluded after the contract with the consumer who vacates the premises is terminated.
Suppliers with special obligations, who are obliged in accordance with the established procedure to supply natural gas to a certain category of consumers, including in certain volumes, do not have the right to refuse such consumers, whose facilities are located in the assigned territory of these suppliers, to conclude a natural gas supply contract (taking into account certain volumes and prices, if they are established for the supplier) provided that these consumers comply with the requirements of the Natural Gas Supply Rules and the current legislation of Ukraine.
At the same time, when such consumers conclude a natural gas supply contract with another supplier (other than a supplier with special obligations), the natural gas supply contract with the supplier with special obligations (if any) for the period of gas supply by the new supplier is not terminated, but is only suspended in terms of natural gas supply for the period of gas supply by the new supplier.
In the event of failure to fulfill obligations to supply natural gas to the consumer by the incumbent supplier (provided that the consumer has no overdue debt to this supplier), the supply of natural gas to the consumer by the supplier with special obligations shall be resumed in full from the first day following the day of termination of the obligations by the incumbent supplier.
The supplier provides the consumer with the necessary confirmed volumes of natural gas in accordance with the terms of the natural gas supply contract.
The unit of calculation for delivered natural gas is a cubic meter of natural gas, brought to standard conditions and expressed in energy units.
Provided that the consumer complies with the terms of the natural gas supply contract, the supplier is obliged to ensure timely registration of the consumer in the Supplier's Consumer Register (on the GTS Operator's information platform) in the relevant settlement period.
The supplier shall compensate the consumer for losses incurred due to the untimely inclusion of the consumer in the supplier's Register of Consumers, provided that the consumer complies with the natural gas supply contract in accordance with Section VI of the Rules on the Safety of Natural Gas Supply.
The consumer independently controls his own gas consumption and, in order to prevent exceeding the confirmed volume of natural gas in the billing period, must independently and in advance limit (stop) his own gas consumption. Otherwise, the supplier may apply appropriate measures to the consumer, including forced limitation (stop) of gas supply.
The consumer and his supplier have the right to adjust the confirmed volumes of natural gas during the settlement period in accordance with the terms of the natural gas supply contract.
The consumer's payments for the supplied natural gas are made for the settlement period in accordance with the terms of the natural gas supply contract.
In case of underpayment of the cost of natural gas for the billing period, the consumer makes a final payment in accordance with the terms of the natural gas supply contract. In case of overpayment, the amount of the overpayment is credited to the payment account for the next billing period or returned to the consumer's current account upon his written request.
The invoice payment date (settlement date) is the date on which the funds were credited to the supplier's account.
Based on the results of the settlement period, the consumer, by the 5th of the month following the settlement period, is obliged to provide the current supplier with a copy of the relevant act on the actual volume (volume) of distributed (transported) natural gas to the consumer for the settlement period, drawn up between the GDM/GTS Operator and the consumer, in accordance with the requirements of the Gas Transportation System Code/Gas Distribution Systems Code.
Based on the data received from the consumer and/or data from the GTS Operator, the supplier, within three working days, prepares and provides the consumer with two copies of the natural gas acceptance and delivery certificate for the billing period, signed by an authorized representative of the supplier.
The relationship between the supplier and the GTS Operator regarding the exchange of information on the actual volumes of natural gas consumption by the consumer is regulated by the Gas Transportation System Code and a separate natural gas transportation contract concluded between the supplier and the GTS Operator.
The consumer, within two days from the date of receipt of the natural gas acceptance and transfer certificate, undertakes to return to the supplier one copy of the original natural gas acceptance and transfer certificate, signed by the authorized representative of the consumer, or provide a written reasoned refusal to sign the natural gas acceptance and transfer certificate.
In case of refusal to sign the natural gas acceptance and delivery certificate, the disagreements shall be settled in accordance with the contract or in court.
Before the court makes a decision, the cost of the delivered natural gas is determined according to the supplier's data.
The supplier has the right to initiate/take measures to terminate or restrict the supply of natural gas to the consumer in accordance with the established procedure in the event of:
making incomplete or untimely payments under the contract by the consumer;
exceeding the confirmed volume of natural gas, unless otherwise provided for by the natural gas supply contract;
termination of the natural gas supply contract;
refusal to sign the acceptance and transfer certificate without appropriate written justification;
the onset of measures provided for by the Rules on the Security of Natural Gas Supply, which operate in accordance with the requirements of Article 5 of the Law of Ukraine "On the Natural Gas Market" and apply to consumers who are not protected in accordance with the said Rules.
Gas supply to a consumer may be terminated (limited) in other cases provided for by the Law of Ukraine "On the Natural Gas Market", the Gas Transportation System Code, the Gas Distribution Systems Code, and the Safety Rules for Gas Supply Systems.
If it is necessary to take measures to limit or terminate gas supply to the consumer, the supplier shall send the consumer a notice (with a receipt) no less than three days (for enterprises of the metallurgical and chemical industries no less than 5 days) before the date of such termination of the notice (with a receipt) on the need to independently limit or terminate gas consumption from a certain period (day, hour, etc.) and at a time agreed upon with the consumer shall have the right to seal the consumer's shut-off devices, with the help of which the consumer independently limited or terminated gas supply to his own facilities. The notice shall be drawn up in accordance with the form of the notice established by the order of the Ministry of Fuel and Energy of Ukraine dated July 3, 2009 No. 338, registered with the Ministry of Justice of Ukraine on July 28, 2009 under No. 703/16719, and shall contain the reason for the termination, the date and time when the consumer needs to independently limit or terminate natural gas consumption.
The supplier has the right to take measures to limit or terminate gas supply to the consumer by involving the GDM/GTS Operator in these works. To do this, the supplier must have concluded an agreement with the GDM/GTS Operator for the performance of works related to the termination/limitation of gas supply to consumers. If it is necessary to take measures to limit or terminate gas supply to the consumer by the GDM/GTS Operator, the supplier shall send the GDM/GTS Operator a corresponding written notification (with a receipt) about the need for him to take measures to terminate/limit the distribution/transportation of natural gas to the consumer, a copy of which shall be sent to the consumer (with a receipt), in which he shall indicate the grounds for the termination, the date and time when it is necessary to limit or terminate the distribution (transportation) of natural gas to the consumer's facility (facilities). In this case, the GDM/GTS Operator, in accordance with the terms of the concluded contract for the performance of work related to the termination/restriction of gas supply, carries out the appropriate restriction or termination of the distribution/transportation of natural gas in compliance with safety rules and regulatory documents that determine the procedure for the restriction/termination of natural gas, in particular the Gas Distribution Systems Code or the Gas Transportation System Code.
In the event of receiving a notification of termination or restriction of natural gas supply, the consumer is obliged to limit (stop) his own consumption of natural gas in compliance with safety rules, and if the restriction (stop) of natural gas will be carried out by the GDM/GTS Operator, to take a set of measures aimed at preventing emergency situations and prepare his own gas consumption equipment for the restriction (stop) of natural gas distribution/transportation.
If the consumer eliminates the facts that caused the notification by the time specified in the notification, and if the consumer provides the supplier with supporting documents in advance (before the date of termination/restriction) (and copies to the GDM/GTS Operator), gas supply is not terminated (not restricted).
Restoration of gas supply is carried out with the consent of the supplier and after reimbursement by the consumer of the costs of termination and restoration of gas supply incurred by the supplier and/or the GDM/GTS Operator.
In the event that a consumer incurs debt under a natural gas supply contract, by agreement of the parties (supplier and consumer), a debt repayment schedule may be drawn up, which is drawn up in an appendix to the contract or in a separate debt restructuring agreement.
In the absence of a debt repayment schedule, the supplier has the right to credit the funds received from the consumer in the current billing period to repay the consumer's existing debt in accordance with the order of its occurrence.
The conclusion by the parties and the consumer's adherence to the agreed debt repayment schedule does not exempt the consumer from fulfilling current obligations under the contract.
In the absence of a debt repayment schedule or its non-compliance or non-payment of current payments, the supplier has the right, in accordance with the procedure specified in the Natural Gas Supply Rules and the Natural Gas Supply Agreement, to terminate or limit the supply of natural gas to the consumer's facility until the debt is fully repaid.
If the consumer does not have an active supplier (i.e. in a situation where the consumer is not included in the Register of Consumers of any supplier) in the relevant billing period, the consumer does not have the right to withdraw (consume) natural gas from the gas distribution system and must submit a written application to the GDM Operator to terminate the distribution of natural gas to his facility.