LAW OF UKRAINE

of April 25, 2019 No. 2712-VIII

About introduction of amendments to some laws of Ukraine concerning providing competitive conditions of production of the electric power from alternative energy sources

The Verkhovna Rada of Ukraine decides:

I. Make changes to such laws of Ukraine:

1. In the Law of Ukraine "About alternative energy sources" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 24, Art. 155 with subsequent changes):

1) in Article 1:

a) add part one with paragraphs the twentieth - the twenty eighth the following content:

"the administrator of electronic trading system - the legal entity determined by the Cabinet of Ministers of Ukraine according to the law responsible for ensuring functioning of electronic trading system;

auction for distribution of quota of support (auction) - method of determination of subjects of managing which acquire the right to support in production of electricity from alternative energy sources (except the domain and coked gases, and with hydraulic power use - made only by micro, mini-and small hydroelectric power stations);

the auction price - the price of 1 kilowatt hour of electrical energy offered by subject of managing which is determined by the winner of auction for distribution of quota of support;

the electronic trading system - the two-level information and telecommunication system consisting of the central database and electronic platforms which interact via the interface of programming of appendices is provided in the form of code with open access and determines functionality of electronic trading system. The electronic trading system provides possibility of creation, placement, the publication and exchange of information and the documents in electronic form necessary for holding the auction electronically;

the electronic platform - the hardware and software functioning on the Internet which is connected to the central database and provides to the customer of auction, persons who have intention to participate in auction, participants opportunity to use services of electronic trading system with automatic exchange of information concerning process of holding electronic auctions;

energy cooperative - the legal entity based according to the Law of Ukraine "About cooperation" or the Law of Ukraine "About consumer cooperation" for implementation of economic activity on production, procurement or transportation of fuel and energy resources and also for provision of other services for the purpose of requirements satisfaction of his members or territorial community, and also for the purpose of profit earning, according to requirements of the legislation;

annual quota of support of subjects of managing which make electrical energy from alternative energy sources - amount of capacity of power generation facilities which make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - made only by micro, mini-and small hydroelectric power stations) which is offered in the corresponding year to distribution at auction by results of which subjects of managing acquire the right to support;

the operator of an electronic trading platform - the legal entity having the right to use electronic platform also acts according to the agreement signed with the administrator of electronic trading system;

the central database - set technical and software as a part of databases and the module of auction which provide possibility of holding the auction electronically and guarantee equal information access to participants of electronic auction";

b) add with part two of the following content:

"The terms "electric power producer", "consumer", "the guaranteed buyer of electrical energy (the guaranteed buyer)", "operator of system of transfer" are used in this Law in the values given in the Law of Ukraine "About the market of electrical energy". The term "final beneficial owner (controller)" is used in this Law in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction". The term "control" is used in this Law in the value given in the Law of Ukraine "About protection of the economic competition";

2) in Article 9-1-:

a) after part one to add with new part of such content:

"The production incentive of the electric power from alternative energy sources provided by this Article extends on:

subjects of managing which make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - only micro, mini-and small hydroelectric power stations) on power generation facilities or to queues of their construction (start-up complexes), irrespective of installed capacity of such objects, queues of construction (start-up complexes) which are put into operation till January 1, 2020;

subjects of managing which make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - only micro, mini-and small hydroelectric power stations) on power generation facilities or to queues of their construction (start-up complexes) which are put into operation since January 1, 2020 and according to article 9-3 of this Law shall not participate in auctions;

subjects of managing which intend to make electrical energy from alternative energy sources (except the domain and coked gases, and with hydraulic power use - only micro, mini-and small hydroelectric power stations) on power generation facilities or to queues of their construction (start-up complexes) and according to part four of article 71 of the Law of Ukraine "About the market of electrical energy" signed purchase and sale agreements of electrical energy on "green" rate till December 31, 2019 and put such objects into operation within two years from the date of the conclusion of the specified agreements - for the objects making electrical energy from energy of sunlight, and within three years from the date of the conclusion of the specified agreements - for the objects making electrical energy from other types of alternative energy sources;

consumers of electrical energy, including energy cooperatives, private households which generating installations make electrical energy from alternative energy sources and for which the "green" rate is established".

With respect thereto the second - the twentieth to consider parts respectively parts three - the twenty first;

b) the fourth to state part in the following edition:

The "green" rate for the electrical energy made by the generating installations of private households which installed capacity does not exceed 50 kW is established single for all private households by each type of alternative energy source";

c) after part four to add with new part of such content:

The "green" rate for the electrical energy made by consumers including, from energy of sunlight, wind energy, biomass, biogas, with use of hydraulic power, geothermal power the generating installations which installed capacity does not exceed 150 kW is established by energy cooperatives single for all consumers, including energy cooperatives, by each type of alternative energy source".

With respect thereto the fifth - the twenty first to consider parts respectively parts six - the twenty second;

d) the tenth and eleventh to state parts in the following edition:

The "green" rate for the electrical energy made from energy of sunlight by the generating installations of private households which installed capacity does not exceed 50 kW on condition of their arrangement on roofs and/or facades of buildings and other capital constructions is established at the level of retail rate for consumers of second class of tension for January, 2009 increased by coefficient of "green" rate for the electric power made from energy of sunlight by the generating installations of private households which installed capacity does not exceed 50 kW, on condition of their arrangement on roofs and/or facades of buildings and other capital constructions.

The "green" rate for the electrical energy made from wind energy by the generating installations of private households which installed capacity does not exceed 50 kW is established at the level of retail rate for consumers of second class of tension for January, 2009 increased by coefficient of "green" rate for the electric power made from wind energy by the generating installations of private households which installed capacity does not exceed 50 kW";

") after part eleven to add with eight new parts of such content:

The "green" rate for the electrical energy made by private households from energy of sunlight and from wind energy on the generating systems combined vetro-solar which installed capacity does not exceed 50 kW is established at the level of retail rate for consumers of second class of tension for January, 2009 increased by coefficient of "green" rate for the electric power made by private households from energy of sunlight and from wind energy on the generating systems combined vetro-solar which installed capacity does not exceed 50 kW.

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