This Resolution of the Cabinet of Ministers of Ukraine No. 799 dated June 15, 2026, introduces significant amendments to the mechanism for the sale of electric energy by state-owned producers (JSC NNEGC Energoatom and PJSC Ukrhydroenergo) through electronic auctions. The document introduces special sessions for the sale of “lot packages” of standard products (quarterly, semi-annual, and annual) under bilateral contracts. The primary objective is to ensure transparent distribution of electric energy and establish clear financial guarantees for market participants. Notably, a strict “take or pay” condition is imposed on buyers, as well as an obligation regarding the intended use of the acquired resource.
**Structure and Main Provisions:**
The Resolution supplements the current Procedure for Conducting Electronic Auctions with a new section that regulates the conduct of special sessions in detail. Key amendments include:
* **Establishment of Volumes:** Specific percentages of planned production (1-2%) are defined, which must be offered for sale within the framework of such sessions.
* **Auction Schedule:** Timeframes for auctions are clearly defined (Mondays of the relevant weeks of the month preceding the supply period).
* **Financial Guarantees:** A system of guarantee contributions (from 5% to 15% of the lot value, depending on the contract term) has been introduced, which may be partially credited as advance payments.
* **Procedural Requirements:** Requirements for the starting price have been established (no higher than the volume-weighted average price index of the “day-ahead” market for the previous period), and conditions have been defined under which an auction is considered failed (fewer than 5 participants).
**Most Important Provisions for Practical Application:**
1. **”Take or Pay” Condition:** Buyers are obligated to pay for electric energy regardless of the fact of its physical consumption, which shifts commercial risks to the buyer’s side.
2. **Intended Use:** Reseller buyers are required to allocate at least 50% of the purchased volume to specific consumers, information about whom must be submitted to the transmission system operator prior to the start of the auction.
3. **Mechanism for Crediting Contributions:** Sellers are required to credit guarantee contributions as advance payments, which simplifies settlements upon proper performance of the contract.
4. **Volume Control:** Upon completion of the supply period, a mechanism for data reconciliation between the transmission system operator, the seller, and the buyer is provided to confirm the actual consumption of electric energy.
