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Digest of Recent Legislative Developments in the Fields of Energy and Natural Resources

Digest of Recent Legislative Developments in the Fields of Energy and Natural Resources

Electricity - Specifics of connecting floating power plants during martial law.

Oil/gas - Improvements to the procedure for setting tariffs for oil transportation.

RES - New state climate policy; Adoption of the convention on environmental impact.

Licensing -Modernisation of licensing conditions in the energy and critical infrastructure sectors; Cancellation of temporary licensing rules for the period of martial law.

Other - Extension of the procedure for registration in the energy market; Improving the availability of online services for customers; Clarification of the procedure for determining the amount of fines; Amendments to the procedure for consideration of consumer appeals and dispute resolution.

Electricity

1. Specifics of connecting floating power plants during martial law | On 22 October, the NEURC adopted the Resolution on Peculiarities of Connection of Floating Power Plants to the Transmission System during the Period of Martial Law, which defines the peculiarities of connection of such power plants to the transmission system during the period of Martial law in Ukraine.

Oil/gas

2. Improvements to the procedure for setting tariffs for oil transportation | On 22 October, the NEURC adopted amendments to the Procedure for Setting Tariffs for the Transportation of Oil and Oil Products by Main Pipelines. The draft foresees an improved approach to the determination and calculation of tariffs for oil transportation by main pipelines for Ukrainian consumers for a transitional period to allow for their gradual increase.

RES

3. New state climate policy | On 8 October, the Parliament of Ukraine adopted the Law on the Basic Principles of State Climate Policy, which defines:

  • basic principles of the state climate policy
  • peculiarities of forming and achieving the goals of the state climate policy
  • principles of climate planning at the national, regional and local levels
  • peculiarities of reporting under the requirements of the United Nations Framework Convention on Climate Change and data collection for these purposes
  • basic principles of the national system for tracking the implementation of policies, measures and forecasts in the field of climate change.

4. Adoption of the convention on environmental impact | On 22 October, the Cabinet of Ministers of Ukraine adopted Resolution No. 1197, approving the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Moldova on the Implementation of the Convention on Environmental Impact Assessment in a Transboundary Context. The Agreement was signed on 15 August 2024 in Odesa.

Licensing

5. Modernisation of licensing conditions in the energy and critical infrastructure sectors | On 22 October, the NEURC adopted amendments to certain licensing conditions to improve them in the areas of transportation and storage of natural gas, oil, water supply, sewage, production and transportation of heat and electricity, as well as in the approval of safety data sheets for critical infrastructure facilities.

6. Cancellation of temporary licensing rules for the period of martial law | On 25 October, the NEURC cancelled the Resolution on Regulation of Providing Notifications to the NEURC on All Changes to the Data Specified in the Application for the Period of Martial Law in Ukraine dated 3 March 2022. The decision was made to bring the procedure and requirements for conducting activities of business entities in the field of energy in line with the relevant license conditions that apply to this type of activity.

Other

7. Extension of the procedure for registration in the energy market | On 9 October, the NEURC adopted amendments to the Procedure for Registration of Wholesale Energy Market Participants, which provides for the extension of the procedure to persons engaged in operations with wholesale energy products without forming a legal entity under a joint venture agreement or a simple partnership agreement.

8. Improving the availability of online services for customers | On 9 October, the NEURC adopted amendments to the Distribution Systems Code to ensure the availability and continuity of the Personal Account service.

9. Clarification of the procedure for determining the amount of fines | On 15 October, the NEURC adopted amendments to the Procedure for Determining the Amount of Fines to regulate the process of imposing sanctions in cases where the amount of the fine calculated by this procedure for abuse of the wholesale energy market is less than the minimum amount of the fine provided for by the current legislation.

10. Amendments to the procedure for consideration of consumer appeals and dispute resolution | On 15 October, the NEURC adopted amendments to the Rules for Consideration of Consumer Appeals regarding the actions of business entities operating in the energy and utilities sectors and dispute resolution, in particular on the following issues:

  • leaving an appeal without consideration
  • holding preliminary hearings
  • introduction of a unified application and complaint form

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