Publication date: 11.07.2024
The procedure for obtaining a licence for gas supply activities
Gas supply activities are an important component of the energy sector, providing households and businesses with natural gas for heating, cooking and industrial processes. In Ukraine, gas supply activities require a licence to be carried out. This procedure ensures compliance with the requirements and standards that guarantee the safety and reliability of natural gas supply. In this article, we will review the main aspects of the procedure for obtaining a gas supply licence, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a gas supply licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On the Natural Gas Market":
- Defines the legal, economic and organisational framework for the functioning of the natural gas market, establishes the rights and obligations of market participants, and requirements for the provision of gas supply services.
Law of Ukraine "On Licensing of Economic Activities":
- Regulates licensing of economic activities, including gas supply activities. The Law establishes general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
Code of Gas Distribution Systems:
- Establishes requirements for the operation of gas distribution systems, technical norms and rules, the procedure for accounting and quality control of natural gas, and requirements for the safety of gas supply.
Safety Rules for Gas Supply Systems of Ukraine:
- Regulate the safe operation of gas supply systems, set requirements for the design, construction, installation, maintenance and repair of gas networks and equipment.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing Business Activities for the Supply of Natural Gas, Coalbed Methane, and Liquefied Gas to Consumers":
- Establishes the licensing procedure for natural gas supply activities, requirements for business entities wishing to obtain a licence, and the application procedure.
Types of licences for gas supply activities
There are several types of licences for gas supply activities in Ukraine, depending on the nature and scope of the activity:
Licence for the supply of natural gas to consumers:
- A permit to carry out activities related to the supply of natural gas to end consumers, including metering, distribution and payments for services rendered.
Natural Gas Transmission Licence:
- A permit to carry out activities related to the transportation of natural gas through gas networks from producers to consumers.
Natural gas storage licence:
- A permit to carry out activities related to the storage of natural gas in underground gas storage facilities.
Natural Gas Distribution Licence:
- A permit to carry out activities related to the distribution of natural gas through gas distribution systems.
Requirements for applicants
To obtain a gas supply licence, a business entity must meet a number of requirements set by law. The main requirements include:
Organisational and legal form:
- Only legal entities registered in accordance with the laws of Ukraine can obtain a gas supply licence.
Material and technical base:
- The business entity must have the necessary material and technical base to carry out gas supply activities, including production facilities, gas networks, equipment for natural gas metering, etc.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to carry out gas supply activities. The staff must have the appropriate education, training and certificates.
Nocriminal record:
- Managers and employees of the business entity should not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
Compliance with environmental and sanitary requirements:
- The business entity's activities must comply with the requirements of environmental and sanitary legislation, including safety and labour protection regulations.
Procedure for applying for a licence
The procedure for applying for a gas supply licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- Application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate.
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Certificate of no criminal record for managers and employees.
- Documents confirming compliance with environmental and sanitary requirements.
- Application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the National Energy and Utilities Regulatory Commission). Documents may be submitted in person, by post or electronically through specialised portals.
Consideration of theapplication:
- The relevant licensing authority reviews the application and checks whether the applicant meets the requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business.
Decision-making:
- Based on the results of the inspection, the licensing authority makes a decision to issue or refuse to issue a gas supply licence. In the event of a refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations for eliminating deficiencies.
Obtaining a licence:
- In case of a positive decision, the applicant receives a licence for gas supply activities, which gives the right to carry out the relevant activities. The licence is issued in the prescribed form and registered in the relevant register. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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