The terms of supply of natural gas are regulated by the norms of the Law of Ukraine "On the Natural Gas Market" No. 329-VIII dated 09.04.2015, the Rules for Supply of Natural Gas, approved by the Resolution of the National Commission for the Regulation of the National Energy and Power Sector of Ukraine No. 2496 dated 30.09.2015, the Code of the Gas Transportation System and the Code of Gas Distribution Systems. The basis for the supply of natural gas to the consumer is:
- the consumer, whose facility is connected to the gas distribution system, has a natural gas distribution agreement concluded in accordance with the established procedure between the consumer and the GRM Operator, and the GRM Operator assigns the consumer a personal EIC code 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 EIC 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;
- availability of a confirmed volume of natural gas for the relevant billing period for the consumer's needs;
- 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.
The supply of natural gas to the consumer is carried out under a natural gas supply contract, which is concluded in accordance with the requirements of current legislation, under which the supplier is obliged to supply the consumer with natural gas in the volumes (volumes) necessary for 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 confirmed volume of natural gas;
- A natural gas supply contract is concluded for the entire expected volume of natural gas consumption required by the consumer, or at his commercial metering point, which is assigned a separate EIC code, and for a term that is a multiple of the settlement period specified in the natural gas supply contract.
Confirmed volumes of natural gas are determined according to the rules established by the Gas Transportation System Code and are delivered to the consumer under the terms of the natural gas supply contract concluded between the supplier and the consumer.
The consumer and his supplier have the right to adjust the confirmed volumes of natural gas during the settlement period in accordance with the procedure established by the Gas Transportation System Code.
The consumer (except for a household consumer) must adhere to the confirmed volume of natural gas (approved designation) determined for him by the supplier for the relevant settlement period, and in the event of its possible excess at the end of the settlement period, he is obliged to warn his supplier about this and, in the event of the supplier's refusal to adjust the volumes or disagreement on the adjustment (re-nomination), in accordance with the procedure established by law, take measures to limit (stop) his own consumption of natural gas in order to prevent exceeding the confirmed volumes of natural gas (approved designation).
The unit of calculation for delivered natural gas is a cubic meter of natural gas, brought to standard conditions and expressed in energy units.
Consumption of the confirmed volume of natural gas during the billing period is carried out, as a rule, evenly, based on the daily norm, unless another consumption regime is provided for in the concluded natural gas supply contract.
The volume of natural gas consumption by the consumer in the billing period must not exceed the confirmed volume of natural gas. A deviation of the volume of natural gas consumption during the billing period of ± 5 % from the confirmed volume of natural gas is allowed.
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 act of acceptance and transfer of natural gas, 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.
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.
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 stipulated by 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.
If the consumer does not have an active supplier and/or a confirmed volume of natural gas 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.