CABINET OF MINISTERS OF UKRAINE

R E S O L U T I O N
dated 3^rd of April, 2006. N 412Kyiv

Terms of National Agency of Ukraine
on Ensuring of Efficient Use of
Energy Resources

Cabinet of Ministers of Ukraine d e c i d e s to:

1. Approve Regulations about National Agency of Ukraine on Ensuring of Efficient Use of Energy Resources, which are included.

2. Stipulate that National Agency of Ukraine on Ensuring of Efficient Use of Energy Resources is a legal successor State committee for energy-saving in the part of delegated authorities in the sphere of energy-saving.

3. Enter to Regulations about State Inspectorate for Energy-saving approved resolution of Cabinet of Ministers of Ukraine dated 29^th of June, 2000 N 1039 ( 1039-2000-п ) «Terms of State Inspectorate for Energy-saving” (Official bulletin of Ukraine, 2000 , N 26, article 1097; 2001 , N 48, article 2145; 2004 , N 49,
article 3206; 2005 , N 33, article 1990), the following changes:

in the text of Regulations the word “Minfuelenergy” substitute with word “NAER” and words “Minister of fuel and energy” substitute with words “Head of NAER” corresponding case;

give point 6 in the following wording:

«6. Inspectorate is headed by manager who is holding a position of deputy Head of NAER and is approved and dismissed by Cabinet of Ministers of Ukraine on advice of Head of NAER. Head of Inspectorate is a chief state inspector for energy-saving «.

4. National Agency of Ukraine on Ensuring of Efficient Use of Energy Resources is to give proposals, according to the approved procedure, in order to bring acts of President of Ukraine, Cabinet of Ministers of Ukraine to conformity with this resolution

Prime-minister of Ukraine Y.Yehanurov

APPROVED
by resolution of Cabinet of Ministers of Ukraine
dated 3^rd of April, 2006. N 412

REGULATIONS
about National Agency of Ukraine on Ensuring of Efficient Use                                                                                    of Energy Resources

1. National Agency of Ukraine on Ensuring of Efficient Use of Energy Resources (NAER) is a central authority of executive power with special status which activity is directed and coordinated by Cabinet of Ministers of Ukraine.

NAER is a specially authorized central authority of executive power on ensuring of state policy realization in the sphere of efficient use of energy resources and energy-saving.

2. In its activities NAER is followed by Constitution of Ukraine ( 254к/96-ВР ), laws of Ukraine, resolutions of Parliament of Ukraine, decrees of President of Ukraine and acts of Cabinet of Ministers of Ukraine and also by these Regulations.

Within its authorities Agency organize execution of acts of legislation and ensure control of its realization, generalize practice of legislation use as for questions which are of its competence, work out proposals as for perfection of legislation and submit them for consideration of Cabinet of Ministers of Ukraine in approved procedure.

3. Main tasks of NAER are:

carrying out of unified state policy in the sphere of efficient utilization of energy recourses and energy-saving;

providing share increase of alternative types of fuel in the demand and supply balance of energy carriers;

creation of state system monitoring production, consumption, export and import of energy carriers, improvement of system of calculation and control of energy carriers consumption;

providing of functioning of unified system for regulation of considerable expenditures of energy recourses in social production.

4. Accordingly to imposed task NAER is to:

1) submit proposals according to approved procedure on forming of unified state policy in the sphere of efficient use of energy resources and energy-saving and ensures its realization;

2) take part in working out of projects for State program of economic and social development, State budget of Ukraine, Program of activities of Cabinet of Ministers of Ukraine, other forecast and program documents of social and economic development of Ukraine;

3) approve projects of normative and legal acts concerning questions which are within its authorities;

4) work out national, approves branch and local programs in the sphere of efficient use of energy resources, energy-saving and alternative sources of energy, performs control of execution of national programs in this sphere;

5) take part in working up of state and regional fuel and energy balances;

6) prepare proposals as for buying of fuel and energy resources for needs of the state;

7) ensure creation of the system for monitoring and state control of efficient use of energy resources by enterprises, authorities and organizations;

8 ) organize carrying out of state expertise of energy-saving;

9) work out state regulations, rules and standards in the sphere of efficient use of energy resources, energy-saving and alternative sources of energy;

10) stand for a state Customer of research and research-development works in the sphere of efficient use of energy resources and energy-saving;

11) take part in forming of state investment policy based on priority of measures on efficient use of energy resources and energy-saving;

12) confirm, according to approve procedure, that fuel is belonging to alternative;

13) approve energy-saving and energy efficient projects which are requiring financing from state budget and carry out its monitoring realization;

14) perform, according to legislation, functions of managing property of state enterprises, authorities and organizations which are belonging to the sphere of its  management;

15) carry out evaluation of co-generation pants;

16) ensure, within its authorities, realization state policy as for State secret, performs control for its concealing in the central authority of the Agency, at the enterprises, in authorities and organizations which are belonging to the sphere of  its management;

17) take part, within its authorities, in arranging of cooperation of Ukraine with European Union an adaptation of national legislation  to the legislation of European Union;

18) carry out informative activities on popularization of economic, ecologic and social advantages of efficient use of energy resources, alternative sources of energy and types of fuel, take part in educational activity in this sphere;

19) ensure implementation and functioning of unified system of energy auditing and management of energy-saving in Ukraine;

20) approve projects of joint implementation which are carried out accordingly to regulations of Kyoto protocol ( 995_801 ), investment and innovation projects on implementation of energy-saving technologies and equipment including construction of factories producing alternative types of fuel;

21) ensure functioning of systems of energy marking of electrical equipment of domestic purposes;

22) take part, within its authorities, in realization of national price and tariff policy;

23) carry out other authorities according to legislation.

5. NAER have the right to:

1) receive, according to approved procedure, information from authorities of executive power, bodies of local self-government, enterprises, authorities and organizations in order to fulfill its tasks;

2) attract specialists of executive power bodies, enterprises and organizations (provided approval of their heads) for considering of questions which are lying in the field of its competence;

3) invite for councils concerning questions of its competence;

4) represent Cabinet of Ministers of Ukraine on its behalf in international organizations and during concluding of international agreement of Ukraine.

6. During fulfilling its tasks NAER interacts with bodies of executive power, local self-government bodies, unions of citizens and also with corresponding bodies of foreign states..

7. NAER give orders, within its authorities, organize and control its execution.

If necessary, Agency issue joint acts with other bodies of executive power..

Normative and legislative acts of the Agency are subject to registration according to the approved by legislation procedure.

Decision of the Agency which are within its authorities, are obligatory for execution by executive power bodies, local self-government bodies, enterprises, authorities, organizations and citizens.

8. Cabinet of Ministers can establish governmental bodies which are governed by state in the within the structure of NAER.

9. NAER is managed by the Head which is appointed and dismissed by Cabinet of Ministers of Ukraine on advice of Prime-minister of Ukraine.

Head of the Agency has deputies which are appointed and dismissed by Cabinet of Ministers of Ukraine on advice of Head of NAER.

10. Head of NAER:

perform general managing of the Agency and is personally liable before the Cabinet of Ministers of Ukraine as for fulfilling of Agency’s tasks;

submit proposals to the Cabinet of Ministers concerning establishing, reorganization, liquidation of governmental bodies (belonging to the Agency)which are governed by state, appointment and dismissal of its heads;

approve border quantity of employees of above mentioned bodies, coordinates structure, list of members of staff and estimate of expenses for these authorities according to the approved procedure;

appoint and dismiss employees of the Agency;

segregate responsibilities between his deputies;

approve regulations about structural divisions of central body of the Agency;

carry out other authorities according to legislation.

11. The collegium is established in the Agency for coordinate solving of questions, which are in NAER competence, and discussion of the most important directions of its activities.

Personal staff of the Agency’s collegium is approved by its Head.

The collegium staff is including Head of the Agency (head of collegium), his deputies and also managers of structural divisions of the Agency.

In case of necessity other persons could be entering the collegium staff.

Decisions of collegium are brought to life by the orders of the Agency.

12. In the structure of the Agency there could be established scientific and technical council, other council and consulting bodies for consideration of proposal as for main directions of activity of NAER, discussion of the most important problems and other questions. Structure and regulations of these bodies is approved by the Head of the Agency.

13. Border quantity of NAER employees is approved by Cabinet of Ministers of Ukraine.

List of members of staff and budget of the Agency is approved by its Head after coordination with Ministry of Finance.

Structure of the Agency is approved by its Head.

14. NAER is a juridical person and has independent balance, registration accounts in the bodies of the Treasury, stamp with imprint of State Emblem of Ukraine and its own title.