In 2026, Ukrainian exporters of cement, iron and steel, aluminium, fertilisers, electricity and hydrogen, and some derivate goods will face CBAM tax. The webinar addressed what practical steps should be taken by Ukrainian exporters with their EU counterparties and what should be done at the governmental level to get exemptions from CBAM, and whether guarantees of origin for electricity produced from renewable energy sources will help to get CBAM exemptions. Moreover, the speakers analyzed some material consequences that companies may face since 2026.
Questions for discussion:
- Brief overview of EU ETS and CBAM
- Updates on the UA ETS, Ukraine's preparation for CBAM
- Possible CBAM exemptions
- Exemptions for electricity exports and whether guarantees of origin for RES electricity may be applicable
- CBAM-related contractual clauses and other legal considerations
- Practical steps to be taken by UA exporters because of CBAM
Moderator:
Yaroslav Petrov, Partner of Asters, Co-Head of Energy and Natural Resources. Yaroslav Petrov is a distinguished legal professional renowned for his expertise in energy law and energy disputes. He primarily focuses on energy law projects encompassing oil & gas, electricity, renewable energy, and energy efficiency.
Speakers:
Silke Goldberg, Partner of Herbert Smith Freehills, Global Head of ESG and Climate Change Practice. Dr. Goldberg has over 20 years of experience working in the energy sector. She is a Partner and the Global Head of ESG at Herbert Smith Freehills. She advises clients concerning clean power, energy infrastructure and climate change issues internationally, including emissions trading, carbon markets and CBAM. Dr. Goldberg has given evidence to the House of Lords on the EU ETS and Brexit. Silke is a professor at Queen Mary University of London, where she teaches energy sector regulation, and a visiting professor at the University of Groningen.
Eric White, Consultant of Herbert Smith Freehills, Brussels. Eric works with the Herbert Smith Freehills', and focuses on EU and WTO law, including the future relationship between the UK and the EU. He was a member of the European Commission's Legal Service (1985-2016), led the Trade Policy and WTO team. For the last 8 years, he has worked on EU climate change and environmental policy. He advised on international matters, was involved in negotiations and disputes under international agreements. Now, Eric advises on EU and international law issues (focus on energy matters), monitors developments in the EU CBAM, and proposes strategies to adapt to the new rules.
Andrii Kitura, PhD, Development Director in Dixi Group, Head of Green Transition Office in the Ministry of Economy of Ukraine. He has over 15 years of experience in climate change and sustainable development. Andrii worked for 12 years at EY. Prior to joining EY, he worked as a carbon market analyst and supported Joint implementation Projects (JIPs) under Kioto Protocol in Ukraine. His clients are international financial organizations (World Bank, EBRD, UNDP, USAID, GIZ), public sector and governments.
Pavlo Masiukov, GIZ, Support for the Establishment of an ETS in Ukraine Commission Manager (TBC). Pavlo is a Commission Manager for a Project "Support for the establishment of an ETS in Ukraine" implemented by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH on behalf of Federal Ministry for Economic Affairs and Climate Action (BMWK). Pavlo has been engaged in the topic of an emission trading scheme for many years and continues to provide support to introduce an emission trading system in Ukraine in his current position.
Olha Yevstihnieieva, Decarbonisation Expert at Recovery and Reform Support Team at the Ministry of Energy of Ukraine; Advocacy Manager of Green Deal EU Reforms & Green Transition in Ukraine, PhD Student in Climate Economics. She promoted environmental EU integration reforms, contributing to implementation of key initiatives, collaborated with the WB, GIZ, USAID, the CoM of Ukraine, provided strategic communications counsel to the UN's regional coordinator. She contributed to shaping Ukraine's first Hydrogen Strategy up to 2050 and in formulating Ukraine's stance on the CBAM policy, coordinated the first Climate Ambition Accelerator under the UN GC in Ukraine, facilitating Ukrainian businesses in setting Science-based targets (SBTs) and adhering to the GHG protocol.
Marta Halabala, Counsel of Asters, Head of Environment & ESG. Marta Halabala focuses on energy law (oil & gas, electricity, and renewable energy), as well as ESG, leading this workstream at Asters. She handled energy projects in general and renewable energy (wind, solar, biogas, conventional generation), was involved in numerous due diligence cases for various energy assets, M&A transactions, including "greenfield" and turnkey acquisitions. Mrs. Halabala advises companies on matters related to the sustainable energy transition, the European Green Deal, aimed at reducing greenhouse gas emissions, and projects in the field of hydrogen and other alternative fuels, provides guidance on ESG initiatives.
Victoria Kireeva
Deputy Minister of
Environmental Protection
and Natural Resources of Ukraine
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