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 of Ukraine as a whole. The state’s ability to accommodate all sectors of economy and final consumers with fuel and energy resources depends from 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.

With goal to implement the profile Directive 2012/27/EU of 25th October 2012 on energy efficiency there were developed and adopted several law and regulations acts, 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 codex 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 approximate energy service treaty»;
• Directive of the CMU 25.11.2015 № 1228-р «On National Action Plan within energy efficiency till 2020».

Developed:

1. Draft law of Ukraine «On energy efficiency».

The draft law is aimed to determine:

• 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 to the eco-design of products, related to energy consumption;
• specifics of implementing intellectual accounting systems;
• popularization and stimulation of increase in the level of energy efficiency among the consumers;
• specifics of forming and executing National Acvtiv Plans on energy efficiency;
• stimulation of energy efficiency in the sector of transferring and distribution of electric energy, transporting and distribution of natural gas;
• the main foundations of providing energy service;
• legal accountability for violation 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».

Draft law is registered in Verkhovna Rada of Ukraine by № 7465 of 28.12.2017.

Amendments concerning improving ESCO - legislation.

With goal to improve the procedures of drawing up energy service contracts, particularly matters of energy service purchasing specifics, group of Ukraine’s delegates in cooperation with State Agency on Energy Efficiency and Energy Saving of Ukraine and the United Nations Development Programme experts devised amendments concerning improving ESCO legislation. There were developed draft laws «On amendments to the Law of Ukraine «On implementation of new investment opportunities, guaranteeing rights and rightful interests of subjects of entrepreneurial activities for providing large-scale energy modernization» (registr. № 9386 of 10.12.2018) and «On amendments into the Budget codex of Ukraine concerning additional regulation of implementation of new investment opportunities, guaranteeing rights and rightful interests of subjects of entrepreneurial activities for providing large-scale energy modernization (through mechanism of energy service)» (registr. № 9387 of 10.12.2018).

There was calculated national goal on energy efficiency until 2020 according to the requirements of article 3 Directive 2012/27/EU.

With purpose of executing calculation of national goal on energy efficiency until 2020 within the State Agency on Energy Efficiency and Energy Saving of Ukraine created a Working group with the help of representatives from central executive governing institutions and specialists of the Secretariat of Energy Community, as well as project EU4Energy.

As a result of 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 were 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.

With purpose of implementation of the developed national goal on energy efficiency on legislative level the State Agency on Energy Efficiency and Energy Saving of Ukraine developed the draft resolution of Cabinet of Ministers of Ukraine «On amendments to resolution of the Cabinet of Ministers of Ukraine of 25^th November 2015 № 1228-р».

There was started a development project of National Action Plan on energy efficiency until 2030.

With purpose of developing 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 Rada 2010/31/EU of 19^th May 2010 on energy efficiency of buildings

Adopted:

Law of Ukraine «On energy efficiency of buildings» (date of adoption – 22.06.2017, implementation 23.07.2018), which defines minimal criteria for energy efficiency of buildings and the energy efficiency certification system correspondingly to the EU requirements, which will allow to residents to get relevant information on the level of energy consumption and the information on energy efficiency activities.

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 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 the European politics - http://ucep.org.ua

Regulatory legal acts of the European Union - eur-lex.europa.eu

Directive of the European Parliament and Rada 2012/27/EU of 27^th October  2012 on energye fficiency http://saee.gov.ua/sites/default/files/UKR_Directive_27_2012_2.doc

Directive of the European Parliament and Rada 2009/28/EU of 23^rd April   2009 on stimulating the use of energy produced from the renewable sources. http://saee.gov.ua/documents/dyrektyva_2009_28.pdf

Directive of the European Union and Rada 2010/30/EU of 19^th May 2010 on pointing 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 Rada 2010/31/EU of 19^th May 2010 року on energy efficiency of buildings http://saee.gov.ua/documents/dyrektyva_2010_31.doc

Directive of the EU Parliament and Rada 2009/125/EU of 21^st October 2009, which defines system for the determination of requirements to eco-design, which is used for energy consumption products. https://minjust.gov.ua/m/str_45876

Directive 2001/77/EU of the European Parliament and the Council of 27 September 2001 on the Promotion of Electricity from Renewable Energy Sources in the Internal Electricity Market

Directive 2003/30/EU of the European Parliament and the Council of 8 May 2003 on Promotion of the Use of Biofuels or other Renewable Fuels for Transport

Directive 2006/32/EU of the European Parliament and the Council of 5 April 2006 on Energy End-Use Efficiency and Energy Services and repealing Council Directive 93/76/EEC

Directive 2010/30/EU of the European Parliament and the Council of 19 May 2010 on the Indication by Labelling and Standard Product Information of the Consumption of Energy and Other Resources by Energy-related Products

Directive of the European Parliament and the Council of 2010/31/EU of 19 May 2010 on Energy Performance of Buildings

Directive of the European Parliament and the Council 2009/28/EU of 23 April 2009 on the Promotion of the Use of Energy from Renewable Sources and Amending and Subsequently Repealing Directives 2001/77/EU and 2003/30/EU