Дата оновлення: 09.04.2024
For reference:
download the registration form;
example of a filled-out registration form ;
The specifics of the notification of changes to the registration form of participants of the wholesale energy market.
Frequently asked questions regarding the register of wholesale energy markets participants:
1. Will the registration of wholesale energy market participants continue past 01 April 2024?
Yes. After 01 April 2024 the registration of the wholesale energy market participants will be conducted continually. Meanwhile, since 01 February 2024 transactions with wholesale energy products can be performed only by persons registered as wholesale energy market participants under the Procedure for registration of wholesale energy market participants adopted by respective Resolution. Before 01 February 2024 market participants may conduct transactions with wholesale energy products without registration.
2. If a non-resident stores gas in Ukrainian underground gas storages under “customs warehouse” regime, does not sell it in Ukraine but rather transports it back to the EU, shall this company be obliged to register as a wholesale market participant?
Yes, such company is obliged to register as a wholesale energy market participant. In accordance with Article 2¹ of the Law of Ukraine “On the National Energy and Utilities Regulatory Commission”, wholesale energy products are contracts (agreements) irrespective of where and when they are concluded, including electricity or natural gas transmission contracts, access to capacity/allocation of capacity.
3. May a non-resident company (that has not obtained a wholesale energy market participant status) withdraw the natural gas from the underground gas storage after 01 April 2024, if it has not been registered as a wholesale energy market participant?
Registration of wholesale energy market participants is very simple. You may get acquainted with the Registration procedure via the link. More than 2000 wholesale energy market participants have been registered as of today. If needed, you may solicit necessary clarification regarding registration as a wholesale energy market participant via email: antonyk@nerc.gov.ua.
4. Is it necessary to fill in the information on 3 and 5 pages (sections) of the Registration Form regarding related persons and persons who directly own 5 or more percent of the share (part, shares) in the authorized (compound, share) capital of the Participant?
All participants of the wholesale energy market, including non-residents, must submit completed pages 3 and 5 (chapters) of the Registration Form.
At the same time, we pay your attention to the fact that in accordance with the resolution of the National Energy Regulatory Commission of Ukraine No. 1812 of October 4, 2023, persons who have registered as participants in the wholesale energy market before April 1, 2024 can provide the National Energy Regulatory Commission of Ukraine with an updated registration form specifying information on the final beneficial owners (controllers) , related participants of the wholesale energy market and insider information platforms in accordance with items 301 - 304, 402 - 403 and 501 - 503 of the registration form, until August 1, 2024.
5. If an authorised representative (director of a Ukrainian company) is not a resident of Ukraine and does not have an electronic signature, how can he confirm his authorities?
An executive (director) of Ukrainian company, even if he is a non-resident of Ukraine, does not have to verify his authorities as they are reflected in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations. To verify authorities of an executive (director) of the non-resident company, a respective excerpt form of the trade (court) register shall be provided.
6. May a non-resident submit a cover letter in two languages? Or must two separate letters (in Ukrainian and English) be submitted?
Yes, a non-resident may submit a cover letter in two languages (Ukrainian and English).
7. On formalisation of a power of attorney for the authorised representative of a non-resident of Ukraine.
Power of attorney for the authorised representative of a non-resident of Ukraine, including if the authorised representative is also a non-resident of Ukraine, must be legalised (by apostille of a non-resident of Ukraine is registered in a state that joined the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague, 1961).
Such power of attorney must be translated into Ukrainian, the accuracy of translation must be certified officially.
We would also like to draw your attention that the representative under the power of attorney who is a non-resident of Ukraine shall not represent the non-resident’s (company’s) interests exclusively by means of electronic communication since the authorised representative who is a non-resident of Ukraine shall also submit to NEURC the signed original of the filled-out registration form in paper.