Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of June 30, 2023 No. 3220-IX

About introduction of amendments to some laws of Ukraine concerning recovery and "green" transformation of power system of Ukraine

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following 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 the following changes):

The text of Article 1 to state 1) in the following edition:

"In this Law the stated below terms are used in the following value:

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

aero thermal energy – the energy which is saved up in the form of heat energy in the air circle;

alternative power engineering – the sphere of power providing development of electrical, heat and mechanical energy from alternative energy sources;

alternative energy sources - renewable energy resources which treat energy solar, wind, geothermal, hydrothermal, aero thermal, wave energy and inflows, hydraulic power, energy of biomass, gas from organic waste, gas of sewer treatment plants, biogases, and secondary energy resources to which the domain and coked gases, gas methane of decontamination of coal fields, transformations of waste power potential of engineering procedures belong;

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

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

production of elements of the equipment of power generation facility - the activities connected with production which include accomplishment of sufficient level of production and technological operations by results of which the classification code of goods according to UKT foreign trade activities at the level of any of the first four signs changes at the same time the transactions performed in production process shall not be simple assembly transactions according to the customs legislation;

renewable energy resources - renewable inexhaustible power sources, namely energy solar, wind, aero thermal, geothermal, hydrothermal, wave energy and inflows, hydraulic power, energy of biomass, gas from organic waste, gas of sewer treatment plants, biogases;

the wind power plant group of wind electrical units or separate wind electroinstallation, the equipment and constructions located in certain territory which are functionally connected among themselves and constitute the single complex intended for production of electrical energy by transformation of kinetic energy of wind to electrical energy;

wind electroinstallation – the electrical unit turning kinetic energy of wind into electrical energy;

the guarantee of origin of the electrical energy made from renewable energy resources - the electronic document created on the basis of data from the register of guarantees of origin of the electrical energy made from renewable energy resources which confirms that certain quantity of electrical energy is made from renewable energy resources confirms its ecological value and certifies the rights connected with positive effect from production of electrical energy from renewable energy resources;

geothermal power – the energy which is saved up in the form of heat energy under firm layer of the land surface;

hydrothermal energy – the energy which is saved up in the form of heat energy in surface water;

the ecological value of the electrical energy made from renewable energy resources (ecological value) - amount of emissions of greenhouse gases which was prevented due to production 1 МВт*ч electrical energy from renewable energy resources;

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 provided in the form of code with open access and determining functionality of electronic trading system. The electronic trading system provides possibility of creation, placement, promulgation 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, connected to the central database and providing to the customer of auction, persons who intend to participate in auction, participants opportunity to use services of electronic trading system with automatic exchange of information about process of holding electronic auctions;

energy cooperative - the legal entity created 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 storages of energy 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 the legislation;

the energy made from alternative sources - electrical, heat and mechanical energy which is developed on objects of alternative power engineering and can act as the products intended for purchase and sale;

"green" rate - the specific tariff on which the electrical energy made on power generation facilities, in particular on the queues of construction of power plants put into operation (start-up complexes) from alternative energy sources is bought (and with hydraulic power use - only micro - mini-and small hydroelectric power stations);

the small hydroelectric power station - the power plant developing electrical energy due to use of hydraulic power which installed capacity constitutes more than 1 MW, but does not exceed 10 MW;

the mechanism of market award - incentive system of production of electrical energy from alternative energy sources on which the guaranteed buyer pays to subjects of managing which establishes "green" rate, and to subjects of managing which by results of auction acquired the right to support, difference between the size of "green" rate or the auction price taking into account the allowance to he (she) and the estimated price determined according to the procedure, established by the Law of Ukraine "About the market of electrical energy";

the self-production mechanism - the scheme of support of active consumers intended for own consumption of electrical energy on which there is settlement of cost of amount of leave of electrical energy in power network the generating installations of such consumers and costs of amount of selection of electrical energy by them from power network, taking into account the cost of services in transfer and/or distribution of electrical energy;

microhydroelectric power station - the power plant developing electrical energy due to use of hydraulic power which installed capacity does not exceed 200 kW;

the minihydroelectric power station - the power plant developing electrical energy due to use of hydraulic power which installed capacity constitutes more than 200 kW, but does not exceed 1 MW;

National certain contribution - obligations of Ukraine on global response to climate change which consist in implementation of actions for goal achievement, certain Framework convention of the United Nations on climate change and the Parisian agreement;

objects of alternative power engineering - the power generating and other equipment developing energy due to use of alternative energy sources which share constitutes at least 50 percent from installed capacity of all power sources involved on object;

the address of guarantees of origin of the electrical energy made from renewable energy resources - transactions, the rights to guarantees of origin of the electrical energy made from renewable energy resources, and the rights following under civil agreements, under the external economic agreements (contracts) and also on transactions on transfer and/or distribution of guarantees of origin of the electrical energy made from renewable energy resources according to the legislation connected with transition;

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

positive effect from production of electrical energy from renewable sources of energy forming of share of national certain contribution of Ukraine on reducing amounts of emissions of greenhouse gases;

the register of guarantees of origin of the electrical energy made from renewable energy resources - the electronic system providing forming of guarantee of origin of the electrical energy made from renewable energy resources, accounting of data on issue, turnover and repayment of guarantees of origin of the electrical energy made from renewable energy resources and also provision of information on them;

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

the sphere of alternative energy sources - the field of activity connected with use of alternative energy sources for production, supply, transportation, storage, the transfer and energy consumption made from alternative sources;

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

the queue of construction of the electric station group of electrical units or separate installation, the equipment and constructions located in certain territory which are functionally connected among themselves and constitute the single complex intended for production of electrical energy that according to the project documentation on construction is part of power generation facility. The queue of construction of power plant can consist of start-up complexes.

The terms "administrator of commercial accounting", "electric power producer", "consumer", "the guaranteed buyer of electrical energy (the guaranteed buyer)", "electrosupplier", "operator of system of transfer", "operator of the market", "system of transfer of electrical energy", "system of distribution of electrical energy", "active consumer", "consumer", "straight line", "supplier of universal services", "residential customer", "small nebytovy consumer", "active consumer" are used in this law in the values given in the Law of Ukraine "About the market of electrical energy". The term "the 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". The term "electronic document" is used in this law in the value given in the Law of Ukraine "About electronic documents and electronic document management". The terms "emissions of greenhouse gases", "greenhouse gases" are used in this law in the values given in the Law of Ukraine "About bases of monitoring, the reporting and verification of emissions of greenhouse gases";

The paragraph third parts three of Article 4 to add 2) with the words "and confirmation of origin of the electrical energy made from renewable energy resources";

The paragraph third parts two of Article 5 to add 3) with the words "and also confirmation of origin of the electrical energy made from renewable energy resources";

4) in Article 8:

third to state part in the following edition:

"The Cabinet of Ministers of Ukraine has the right to provide in the Government budget expenses on financial support of participants of the market of electrical energy to whom special obligations on ensuring increase in share of production of electrical energy from alternative energy sources, according to budget requests of the central executive body providing forming and realization of state policy in electrical power complex based on the calculations provided by the National commission performing state regulation in spheres of power and utilities are assigned";

add with part four of the following content:

"In case of receipt of electrical energy by participants of the market to whom special obligations on ensuring increase in share of production of electrical energy from alternative energy sources are assigned from the government budget of the financial support provided by part three of this Article, the National commission performing state regulation in spheres of power and utilities the rate for services in transfer of electrical energy for the corresponding year taking into account the financial support got by participants of the market of electrical energy to whom special obligations on ensuring increase in share of production of electrical energy from alternative energy sources are assigned is established";

5) in Article 9:

the second to state part in the following edition:

"The subjects of managing making electrical energy from alternative energy sources, active consumers are recommended to establish the installations of storage of energy and the generating installations of hybrid type capable to make electrical energy, both in synchronized with power supply system, and in the autonomous mode";

third to exclude part;

6) in Article 9-1:

the fourth to state the paragraph to part two in the following edition:

"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 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 the following objects into operation: for the objects developing electrical energy from energy of sunlight - within two years from the date of the conclusion of the specified agreements; for the objects developing electrical energy from other types of alternative energy sources - till December 31, 2023;

after part four to add with new part of the following content:

The "green" rate for private households which generating installations are put into operation since January 1, 2024 is established and is effective on condition of availability within private household of buildings and other capital constructions, consumption of electrical energy with private household".

With respect thereto the fifth – thirty third to consider parts respectively parts six – the thirty fourth;

the twenty fourth to state part in the following edition:

"The coefficient of "green" rate for the electric power made by the generating installations of private households with use of alternative energy sources is established at the level:

Categories of the generating installations of private households to which the "green" rate is applied	Coefficient of "green" rate for the electric power made by the generating installations of private households, the statement notification for which establishment is registered by the power supplier,
	till 31.03. 2013 inclusive	with 01:04. 2013. on 31.12. 2014	with 01:01. 2015. on 30.06. 2015	with 01:07. 2015. on 31.12. 2015	with 01:01. 2016. on 31.12. 2016	with 01:01. 2017. on 31.12. 2018	with 01:01. 2019. on 31.12. 2019	with 01:01. 2020. on 31.12. 2023	with 01:01. 2024. on 31.12. 2024	with 01:01. 2025. on 31.12. 2025	with 01:01. 2026. on 31.12. 2029
for the electric power made from energy of sunlight by the generating installations of private households which installed capacity does not exceed 30 kW	-	6,66	5,99	3,72	3,53	3,36	3,36	3,02	2,72	2,45	2,21
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	-	-	-	-	-	-	3,36	-			-
for the electric power made from wind energy by the generating installations of private households which installed capacity does not exceed 30 kW	-	-	-	2,16		2,16	2,16	-			-
for the electric power made from wind energy by the generating installations of private households which installed capacity does not exceed 50 kW	-	-	-	-		-	2,16	1,94		1,73
for the electric power made from wind energy and the sun on the generating systems of private households combined vetro-solar which installed capacity does not exceed 50 kW	-	-	-	-		-	3,04	2,28		1,98";

in part twenty seventh of the word of "modernization" to replace with the word "restorations";

after part twenty seventh to add with two new parts of the following content:

"For power generation facilities, including queues of their construction (start-up complexes), the generating installations of private households, consumers which establishes "green" rate after carrying out reconstruction, restoration, capital repairs, technical retrofitting without increase in the installed capacity of the relevant power generation facility generating the green installations rate it is established using the coefficient of "green" rate and decreasing coefficient applied in case of establishment of "green" rate to such power generation facility, including queues of its construction (start-up complex), the generating installations of private households and consumers to such reconstruction, restoration, capital repairs, technical retrofitting.

The "green" rate for power generation facilities, including queues of their construction (start-up complexes) which are excluded from the balancing group of the guaranteed buyer on the statement of the subject of managing which makes 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 such power generation facilities, and concerning which the service provision agreement on ensuring support of production of electrical energy from alternative energy sources on the mechanism of market award is signed (the service provision agreement on the mechanism of market award) is effective using coefficient of "green" rate which was used in case of establishment by the National commission performing state regulation in spheres of power and utilities "green" rate to the relevant power generation facility, including queue of its construction (starting complex), it is also applied when calculating cost of service in ensuring support of production of electrical energy from alternative energy sources on the mechanism of market award (service in the mechanism of market award) according to requirements of part four of article 65 of the Law of Ukraine "About the market of electrical energy".

With respect thereto the twenty eighth – the thirty fourth to consider parts respectively parts of the thirtieth – the thirty sixth;

7) in Article 9-2:

in part five of the word "according to part five of this Article" shall be replaced with words "according to this Article";

in the Item of part eight of the word "Systems of Accumulation of Energy" shall be replaced with words "Energy storage installations";

the tenth to state part in the following edition:

"The state guarantees fixing at the legislative level for all term of application of "green" rate of requirements for purchase in each settlement period of the electrical energy made on the power generation facilities included in the balancing group of the guaranteed buyer including on the queues of their construction put into operation (start-up complexes) using alternative energy sources (and with hydraulic power use - only micro, mini-small hydroelectric power stations), on the established "green" rate taking into account the allowance established according to this Article in the amounts and procedure determined by Articles 68, 71 and 74 Laws of Ukraine "About the market of electrical energy" and also concerning calculations for such electrical energy money in full and at the scheduled time";

add with part eleven of the following content:

"The state guarantees fixing at the legislative level for all term of application of "green" rate for the power generation facilities excluded from the balancing group of the guaranteed buyer on the statement of the subject of managing which makes 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 such power generation facilities, and concerning which the service provision agreement on the mechanism of market award, and also on effective period of support of subjects of managing which by results of auction acquired the right to support, requirements for payment to such subjects of managing of cost of service in the mechanism of market award in the amounts and procedure determined by article 65 of the Law of Ukraine "About the market of electrical energy" is signed;

8) in Article 9-3:

the first and fifth to state parts in the following edition:

"Support of electric power producers from alternative energy sources who acquired the right to support by results of auction is performed by guaranteeing acquisition of service in the mechanism of market award in the amounts and procedure determined by article 65 of the Law of Ukraine "About the market of electrical energy" using the auction price taking into account the allowance to it established according to article 9 2 of this Law based on the service provision agreement signed with the guaranteed buyer on the mechanism of market award";

"The Cabinet of Ministers of Ukraine on representation of the central executive body providing forming and realizing state policy in electrical power complex, annually no later than December 1, establishes annual quota of support and the schedule of holding auctions for the next year, and also indicative forecast indicators of annual quotas of support for four years following after year on which the annual quota of support is established. Offers on the size of annual quotas of support prepare the operator of system of transfer taking into account the international obligations of Ukraine on development of renewable power, the energy strategy of Ukraine, the National plan of action for development of renewable power, the report on assessment of conformity (sufficiency) of the generating capacities and the development plan for system of transfer, condition of projects implementation of construction of facilities of renewable power. Offers on the maximum price proposal of the participant of auction the next year for separate alternative energy sources prepare the National commission performing state regulation in spheres of power and utilities";

the sixth to add part with paragraphs the sixth – the tenth the following content:

"technical parameters (characteristics) of installations of storage of energy which are set on power generation facility or queue of its construction (start-up complex) concerning which the subject of managing can acquire the right to support at the corresponding auction are determined;

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