Ukraine-EU Cooperation
Fulfillment of obligations of Ukraine under the Protocol on accession of Ukraine to the Energy Community Treaty.
Energy security of Ukraine is one of the most important components of economic and, correspondingly, national security in the country as a whole. The state’s ability to accommodate all sectors of the economy and final consumers with fuel and energy resources depends on the state of energy independence. State Agency on Energy Efficiency and Energy Saving of Ukraine in turn correspondingly to obligations, taken by Ukraine according to the Association Agreement between Ukraine, from one side, and The European Union, The European Atomic Energy Community and their state-members, from another (hereinafter - Association Agreement), as well as under the Protocol on accession to the Energy Community Treaty, ratified by Law of Ukraine of 15th December 2010 №2787-VI “On ratification of Protocol on accession of Ukraine to the Energy Community Treaty”, carries out obligations on implementing into national legislation the requirements of profile Directive of the European Parliament and the EU Council 2012/27/EU on energy efficiency, which is incorporated into legislation of the Energy Community correspondingly to decision of the Council of Ministers of Energy Community of 15th October 2015 №2015/08/MC-EnC and Directive of the European Parliament and Council 2010/31/EU of 19th May 2010 on energy efficiency of buildings.
To implement the profile Directive 2012/27/EU of 25th October 2012 on energy efficiency, several regulatory acts were developed and adopted, specifically:
Adopted:
- Law of Ukraine of 09.04.2015 №327-VIII «On implementing new investment opportunities, guaranteeing rights and rightful interests of subjects of entrepreneurial activities for providing large-scale energy modernization» (with changes, initiated by Laws of 25.12.2015 № 922-VIII and of 23.03.2017 №1980-VIII), which established requirements to government purchases of energy service facilities;
- Law of Ukraine of 09.04.2015 №328-VIII «On amendments to the Budget code of Ukraine about implementing new investment opportunities, guaranteeing rights and rightful interests of subjects of entrepreneurial activities for providing large-scale energy modernization»;
- Law of Ukraine of 22.06.2017 № 2119-VIII «On commercial accounting of thermal energy and water supplement» (with changes, initiated by Law of 07.06.2018 № 2454-VIII), defines the system of organizing commercial accounting of consuming different types of energy and providing the corresponding accounting information to the consumers of such services, which will allow consumers to pay only for practically consumed services and create strong incentives to saving;
- Resolution of the CMU of 21.10.2015 № 845 «On ratification of the approximate energy service treaty»;
- Directive of the CMU 25.11.2015 № 1228-р «On the National Energy Efficiency Action Plan for the period up to 2020».
Developed:
1. Draft law of Ukraine «On energy efficiency».
The draft law is aimed at determining:
- main arrangements in the government’s politics in the sphere of accommodating energy efficiency;
- approaches to forming strategy and foundation for thermal modernization of residential and non-residential buildings;
- specifics of accounting criteria of energy efficiency at the time of purchasing goods and services, purchasing and renting buildings, while legislating government purchases;
- arrangements on the reduction of end-consumption of energy by the consumers;
- foundations of energy accounting and energy management;
- requirements for the eco-design of products, related to energy consumption;
- specifics of implementing intellectual accounting systems;
- popularization and stimulation of an increase in the level of energy efficiency among the consumers;
- specifics of forming and executing the National Energy Efficiency Action Plan;
- stimulation of energy efficiency in the sector of transferring and distribution of electric energy, and transporting and distributing natural gas;
- the main foundations of providing energy service;
- legal accountability for violations of the legislation in the sector of ensuring energy efficiency.
Draft law of Ukraine «On energy efficiency» is introduced to the Cabinet of Ministers of Ukraine.
2. Draft law of Ukraine «On amendments in Law of Ukraine on combined production of thermal and electric energy (cogeneration) and using energy overflow potential».
The draft law is registered in the Verkhovna Rada of Ukraine by № 7465 of 28.12.2017.
Amendments concerning improving ESCO legislation.
To improve the procedures of drawing up energy service contracts, particularly matters of energy service purchasing specifics, a group of Ukraine’s delegates, in cooperation with the State Agency on Energy Efficiency and Energy Saving of Ukraine and the United Nations Development Programme experts, devised amendments concerning improving ESCO legislation. The draft laws “On Amendments to the Law of Ukraine ‘On the Introduction of New Investment Opportunities, Guaranteeing the Rights and Legal Interests of Business Entities for Large-scale Energy Modernization’ (Reg. No. 9386 of 10.12.2018) and ‘On Amendments to the Budget Code of Ukraine on Additional Regulation of the Introduction of New Investment Opportunities, Guaranteeing the Rights and Legal Interests of Business Entities for Large-scale Energy Modernization (through the Energy Service Mechanism)’ were developed.
The national energy efficiency target for 2020 was calculated in accordance with the requirements of Article 3 of Directive 2012/27/EU.
To calculate the national energy efficiency target for 2020, the State Agency on Energy Efficiency and Energy Saving of Ukraine has set up a working group involving representatives of central executive authorities and experts from the Energy Community Secretariat and the EU4Energy project.
As a result of the working group’s progress with the help of Ukrainian and international experts, particularly the Institute of Economics and Forecasting of the National Academy of Sciences of Ukraine, specialists of the Secretariat of Energy Community calculated the following indexes of national goal:
- primary energy consumption must not be above 101 316 thousand tons of oil equivalent in 2020;
- end-consumption of energy must not be above 55 507 thousand tons of oil equivalent in 2020.
To implement the developed national goal on energy efficiency at the legislative level, the State Agency on Energy Efficiency and Energy Saving of Ukraine developed the draft resolution of the Cabinet of Ministers of Ukraine «On amendments to resolution of the Cabinet of Ministers of Ukraine of 25th November 2015 № 1228-р».
A project to develop a National Energy Efficiency Action Plan until 2030 has been launched.
In order to develop National Action Plan on energy efficiency on the period until 2030 under cooperation with the project of technical assistance of the EU «EU4Energy Governance» within the State Agency on Energy Efficiency and Energy Saving of Ukraine there was created a Working group on development of National Action Plan on energy efficiency on the period until 2030 with purpose of securing the implementation of Directive 2012/27/EU on energy efficiency under obligations on Treaty of Energy Community. The working group consists of stakeholders from central executive governing institutions: the Ministry of Regions, the Ministry of Coal; the Ministry of Economic Development, the Ministry of Nature, the Ministry of Nature, The National Commission for State Regulation of Energy and Public Utilities, representatives of PJSC "NAK" Naftogaz of Ukraine, the Secretariat of the Energy Community and DU of the "Institute of economics and forecasting of the National Academy of Sciences of Ukraine".
Directive of the European Parliament and Council 2010/31/EU of 19th May 2010 on energy efficiency of buildings
Adopted:
The Law of Ukraine “On Energy Efficiency of Buildings” (adopted on 22.06.2017, enacted on 23.07.2018), which defines the minimum criteria for energy efficiency of buildings and the energy efficiency certification system in accordance with EU requirements, which will allow residents to receive up-to-date information on energy consumption and information on energy efficiency measures.
The State Agency on Energy Efficiency and Energy Saving of Ukraine actively took part in the development of numerous normative by-law acts, necessary for the implementation of the law’s regulations, particularly:
- Procedure of executing professional attestation of people, who have the intention to operate in certification of energy efficiency and examination of engineering systems, ratified by resolution of the Cabinet of Ministers of Ukraine of 26.07.2018 № 605;
- Procedure of database maintenance of reports on results of the examination of the engineering systems, certified energy accountants and specialists on examination of engineering systems, energy certificates, ratified by order of the Ministry of Regions of 21.03.2018 № 62;
- Procedure of independent monitoring of the energy certificates of buildings, ratified by order of the Ministry of Regions of 18.10.2018, № 276.
Useful links:
EU-Ukraine cooperation portal - https://eu-ua.org
Reforms in the sector of energy – https://eu-ua.org/yevrointehratsiia/enerhetyka
Ukrainian Center of European Politics - http://ucep.org.ua
Regulatory legal acts of the European Union - eur-lex.europa.eu
Directive of the European Parliament and Council 2012/27/EU of 27th October 2012 on energy efficiency http://saee.gov.ua/sites/default/files/UKR_Directive_27_2012_2.doc
Directive of the European Parliament and Council 2009/28/EU of 23rd April 2009 on stimulating the use of energy produced from renewable sources. http://saee.gov.ua/documents/dyrektyva_2009_28.pdf
Directive of the European Union and Council 2010/30/EU of 19th May 2010 on providing with the help of marking and standard information on the product of levels of energy consumption and other resources by energy consumption products http://saee.gov.ua/documents/dyrektyva_2010_30.doc
Directive of the EU Parliament and Council 2010/31/EU of 19th May 2010 року on energy efficiency of buildings http://saee.gov.ua/documents/dyrektyva_2010_31.doc
Directive of the EU Parliament and Council 2009/125/EU of 21st October 2009, which defines a system for the determination of requirements for eco-design, which is used for energy consumption products. https://minjust.gov.ua/m/str_45876