EU REFORMS MONITORING

This publication was prepared with the support of the European Union. The contents of this publication
are the sole responsibility of NGO “DIXI GROUP”, as well as Civil Network “OPORA”, All-Ukrainian NGO
“Energy Association of Ukraine”, Resource & Analysis Center “Society and Environment”, Association
“European-Ukrainian Energy Agency”, and can under no circumstances be regarded as reflecting the
position of the European Union.
The project “Enhancing impact of civil society in monitoring and policy dialogue on energy and related
sectors’ reforms in line with the Association Agreement implementation” aims at strengthening the role of
civil society in advocating reforms in the energy and related sectors.
The key objectives of the project are:
• monitoring of the implementation of the energy provisions of the Association Agreement, including
relevant environmental and trade-related commitments;
• strengthening the civic experts’ and local actors’ capacity to track actual implementation of the
reforms;
• facilitation of public dialog to lead in proper implementation of the European energy and
environmental reforms;
• informing stakeholders and the Ukrainian society about the meaning and potential benefits of
European reforms in energy and related sectors in order to empower them to keep the government
accountable for pursuing these reforms.
www.enref.org

Executive Summary
In September, the Annual Implementation Report was published by the Energy Community Secretariat. On the one
hand, in the foreword, the EnCS director Janez Kopač notes that the race for transposition of the Third Energy Package
by the deadline of January 1 was won by Serbia, Albania and Ukraine (for gas), which was also noted in the last Report.
On the other hand, it was noted that Ukraine did not continue the energy sector reform at the same pace as during the
previous reporting period. The document, again, states that Ukraine remains one of the three Contracting Parties of the
Energy Community yet to transpose the directives on energy performance of buildings and on energy services. Our
country was referred to among those countries which have failed to transpose European standards of electricitymarkets
regulation into their national law so far. In general, the analysis made by the Secretariat had the following conclusion
— “the newest members of the Energy Community, Ukraine and Moldova, are lagging behind in nearly all
implementation-related dimensions, but are on average not worse than the Balkan members of the Energy Community
in terms of transposition”. In addition to the shortcomings described above, the document also focuses on a likely failure
to comply with the commitments on unbundling as well as with adoption of a law on the energy regulator.
In the natural gas sector, this month showed the progress in the realm of legislation. In particular, the Laws of Ukraine
“On the National Energy and Public Utilities Regulatory Commission” (NEPURC) and on amending the Law “On the
Natural Gas Market” have been adopted. The Energy Community Secretariat, which had called upon Ukraine for a long
time to adopt a law on the energy regulator, welcomed that progress. Nonetheless, there are still pending issues in
respect of the progress in reforming the sector, which only redoubled by the situation with handover of control over
key state companies.
Electricity sector also shows progress in legislative work, in particular, it concerns the adoption of the Draft Law “On the
Electricity Market” in the first reading. There is also an intensified discussion in the sector on ensuring stable supplies
of the respective resources prior to the start of the heating season. In addition, there are ongoing safety checks of the
Ukrainian NPPs as well as the search of diversified supplies of the nuclear fuel supply.
Suspension of “warm loans” programs as well as doubtful budgetary prospects of such support in the next year only
add pessimism as to the state of affairs in the sector of energy efficiency. Besides, the protracted process of creating
the Energy Efficiency Fund has not received legislative framework so far; neither were any of the vital sectoral draft
laws, despite being considered by the parliamentary committees, submitted for consideration of the Verkhovna Rada
in September.
In the area of environment, a number of decisions are still expected to be made, and particular legislation on
environmental impact assessment and on strategic environmental assessment to be adopted. In this context, it is hard
to deny a strict assessment by the Energy Community Secretariat of the absence of reform in that sector. Renewable
energy sector, despite lack of substantial progress in regulation, shows intensification of business activities.
Slow rate of implementation was also characteristic for oil and oil products’ sector. Despite creation and launch of
groups for drafting and adoption of decisions in the sector, the key problems remain unresolved on the legislative level.
As for the business climate, the above draft laws may be considered a progress along with the continued dialogue
between the stockholders on competition in the energy sector, organised through intermediary of the civil society.
Abbreviations
NAK — Naftogaz of Ukraine NJSC
VRU — Verkhovna Rada of Ukraine
Commission — European Commission
FES — fuel and energy sector
GTS — gas transportation system
CMU — Cabinet of Ministers of Ukraine
TPP — thermal power plant
AA — Association Agreement
SNRIU — State Nuclear Regulatory Inspectorate of Ukraine
МЕCI – Ministry of Energy and Coal Industry of Ukraine
NEPURC — National Energy
and Public Utilities Regulatory Commission

Gas
Adoption of two crucial laws to regulate the gas sector has become a major achievement in September —
“On the National Energy and Public Utilities Regulatory Commission” (NEPURC) and on amending the Law
“On the Natural Gas Market” concerning reduction of maximum size of the insurance reserve down to 10%
of planned monthly supplies.
All experts’ attention was turned to the conflict between the trader Naftogaz of Ukraine NJSC and the
operator of the Ukrainian GTS Ukrtransgaz PJSC. That conflict, again, turned attention not only to the
unbundling procedure but also to the issue of reform in Naftogaz. In fact, the Ministry of Economic
Development and Trade, by its order, unilaterally assumed control over Ukrtransgaz. As result of the lack
of transparency, failure to involve the international partners, and overreaction on the part of Naftogaz,
the order was cancelled, which, however, didn’t solve the problem.
Months-long blockade by the Ministry of Justice of the Guidelines for Calculation of Tariffs for Services of
Natural Gas Distribution as submitted by the NEPURC hampers further introduction of an entry-exit tariff
system in Ukraine. As a result, separation of the gas bills and diminishing of domination of the regional gas
distribution companies on the retail market has been slowed down.
Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing
Directive 2003/55/EC (AA: Articles 338, 341, Annex XXVII) pursuant to Article 278 of the AA
Since the conditions as adopted by the Government’s Resolution No. 496 of 1 July 2016 provide for the
unbundling of the gas transportation operator from Naftogaz only after Stockholm Arbitration has delivered
its judgment, the actual unbundling of activities in Naftogaz has not started yet. Dependence of an operator
which must ensure equal access to the GTS to all the competitors from a single (major at the present time)
supplier hampers competition and causes management conflicts, which showed in September.
On September 7, the Ministry of Economic Development and Trade (MEDT) which managed NAK until that
time, without notifying its management, amended and approved a new version of Naftogaz’s Articles of
Association, assuming control over Ukrtransgaz with the purpose to facilitate its independence (order of
MEDT No. 14781
). The Ministry, in particular, took on the right to do as follows:
• dismiss and appoint GTS operator’s management;
• control (permit or prohibit) Ukrtrasgaz’s actions concerning financial transactions;
• amend the operator’s articles of association.
Along with that, all relations pertaining to property between Naftogaz and Ukrtransgaz have been retained.
Not only NAK’s management negatively assessed that step 2
but also representatives of the international
creditors financing the reform of the company (in particular EBRD3
) did so. On September 19, during a general
meeting with Prime Minister Volodymyr Groysman with representatives of MEDT and Naftogaz it was
decided to cancel Ukrtransgaz’s subordination to MEDT4
, which was reflected in a new order by the MEDT
No. 1577 of 19.09.20165
. The above order approved two versions of the NAK’s Articles of Association, one
with immediate effect and the other entering into force in April 2017.
Finally, in accordance with the governmental resolution (No. 6756
) approved on September 22, MEDT was
bound to hand over, within 10 days after the date of entry into force by that resolution, 100% of Naftogaz’s
shares to the Cabinet of Ministers. So “in view of the need to reform and improve the management”, the
1 http://www.naftogaz.com/www/3/nakweb.nsf/0/0D0D1DFF88C3A5BFC225803D0039D9F3?OpenDocument
2 http://www.naftogaz.com/www/3/nakweb.nsf/0/B947718D26D4FE7EC2258030005B00C8?OpenDocument&year=2016&month=
09&nt=%D0%9D%D0%BE%D0%B2%D0%B8%D0%BD%D0%B8
3 http://ua.interfax.com.ua/news/general/370528.html
4 https://www.rbc.ua/ukr/news/groysman-otmenil-prikaz-mert-perepodchinenii-1474296280.html
5 http://www.naftogaz.com/www/3/nakweb.nsf/0/C1BEF7C89E549FD0C225803C0022DC4B?OpenDocument
6
http://www.kmu.gov.ua/control/uk/cardnpd?docid=249369692

Gas
Government decided to subordinate the company to its direct shareholder, i.e. to itself7
. Therefore, from
now on, the Government will be directly responsible for settling problems in respect of “the conflict of
interests” between the gas trader and gas transmission operator, as well as for compliance with Ukraine’s
commitments to the Energy Community in respect of creation of real competition on the gas market.
Meanwhile, the Cabinet of Ministers also amended the Provisions on imposing special obligations on the
natural gas market participants to whom Naftogaz is bound to ensure gas supplies from Odessa Port Plant
OJSC until the end of the year for a price which conforms to a price for the same category of consumers8
.
The progress in reforming the legal framework of the gas market was also demonstrated by adoption of the
law establishing rules as regards the activities of the national energy regulator — the Draft Law No. 2966-д9
on NEPURC was adopted in the second reading as a whole. Creation of an independent regulator is a
necessary long-awaited measure on the way towards a competitive market10
, and delays with the adoption
of such law were indicated in the Energy Community’s report published in September as a substantial
shortcoming of the reform going on in Ukraine11
.
The most substantial amendment introduced by the new law for achieving balanced influence on the
regulatory process concerns a mechanism of formation of a competition commission to choose NEPURC
members (presently appointed by the President): the above commission will include two representatives
from the President of Ukraine, two from the Verkhovna Rada of Ukraine and one from the Government on
the proposal from the Ministry of Energy and Coal Industry. Entry by the new law into force is delayed as
result of registration with the Parliament of the resolution aiming at cancelling the vote12
. That means that
until MPs have considered it, the speaker of the VRU can sign the adopted law and submit it to the President
for signature.
At the same time, the adopted Draft Law No. 361713
of 10.12.2015 ensuring introduction of equal conditions
for gas suppliers within the framework of implementation of a new mechanism of maintaining the insurance
reserve has already been forwarded for the President’s signature. By amending Article 12(6) of the Law of
Ukraine “On the Natural Gas Market”, its rate was established as no more than 10% of monthly supply. Prior
to entry into force by that law, the insurance reserve formation is regulated under the CMU Resolution
No. 795 of 30 September 2015. In accordance with it, suppliers on whom the special obligations are imposed,
don’t create insurance reserve, and the rest of gas suppliers are bound to create the insurance reserve of
50% of the monthly supplies planned for the next month.
By its separate resolution, the Government, inter alia, amended the Template for the natural gas sale
contract which Naftogaz concludes with gas suppliers under special obligations, for the needs of household
customers and religious organisations14
. In particular, settlement of the transfer of the right to gas, signing
of the acceptance certificates and settlements are intended to resolve a problem of delays in receipt of funds
from Naftogaz.
On September 30, the NEPURC held public hearings on the implementation of the Law of Ukraine "On the
Natural Gas Market"15
. The Regulator reported the lack of tariffs for services of gas storage as determined in
accordance with a new methodology and impossibility to fix tariffs for services of gas distribution (based on
the payments for the capacity) due to the aforementioned problem of adjustments, as well as to include
tariffs for distribution and transmission, in accordance with the CMU Resolution, in the price for gas for
7 http://www.kmu.gov.ua/control/uk/cardnpd?docid=249369692
9 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=58234
10 It’s worth noting that the Draft Law No. 2966-д is the tenth draft law on the regulator for the last 16 years registered in the Rada.
11 https://www.energy-
community.org/portal/page/portal/ENC_HOME/DOCS/4332394/3D790302C9FD5024E053C92FA8C0D492.pdf
13 http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?id=&pf3516=3617&skl=9
15 http://www.nerc.gov.ua/?news=5430

Gas
households. The regulator also listed steps intended for transition from the gas accounting based on the
volume units to the accounting based on energy indicators.
The month prior to the start of the heating season, the NEPURC paid a special attention to the issue of tariffs
and prices. In particular, the regulator published the Procedure for open hearings on prices/tariffs, their
components, for all categories of consumers16
; it also published a response to an enquiry of 301 local
governments17
, particularly on issues of gas prices. Based on the results of monitoring of prices for natural
gas for all categories of consumers in Ukraine, the regulator reported on the maximum price in August 2016
for consumers not covered by provisions on special obligations (8,135.52 UAH/tcm, VAT included).
Regulation (EC) No. 715/2009 on conditions for access to the natural gas transmission networks and
repealing Regulation (EC) No. 1775/2005 (AA: Articles (AA: Articles 338, 341, Annex XXVII) pursuant to
Article 278 of the AA, trade-related issues (Articles 269–274 of the AA)
At the joint briefing following the meeting on September 2 with Vice President of the European Commission
for Energy Union Maroš Šefčovič18
, Prime Minister Volodymyr Groysman stated that Ukraine is ready to sign
a “winter pack” for gas supplies in the format Ukraine–Russia–EU and start purchasing Russian gas with the
funds of the World Bank. On his part, Mr. Šefčovič assured that the Commission is ready to meet Naftogaz’s
requests halfway and comprehensively analyse the facts where the Russian suppliers reduce the pressure of
the gas coming from Russia to Europe through the Ukrainian GTS.
Pursuant to the Law of Ukraine “On the Natural Gas Market”, the NEPURC developed and published in
September with the view of further discussions, the draft resolutions on approval of amendments to the
Code of gas distribution systems19
, standard contract for natural gas transmission20
, licensing provisions for
economic activities on the natural gas market21
.
Directive 2004/67/EC concerning measures to safeguard security of natural gas supply (Articles 338, 341,
Annex XXVII to the AA), functioning of an 'Early Warning Mechanism' (Annex XXVI to the AA), reacting to
an emergency situation (Articles 275–276, 309, 314)
During the meeting on September 2, Prime Minister Volodymyr Groysman and European Commissioner
Maroš Šefčovič agreed that the Government, together with the European Commission, with the view to
enhancing energy safety of Ukraine, will accelerate the updating of the energy strategy and signing of a
memorandum on combined action22
.
Signing of the Memorandum of Understanding between Ukrtransgaz and GTS operators in Greece
(DESFA S.A.), Bulgaria (Bulgartransgaz EAD) and Romania (NGTC TRANSGAZ S.A.) was one of the results of
the CESEC group meeting held on 8–9 September in Budapest dedicated to the development of the gas
transportation infrastructure in Central and South-Eastern Europe23
. That document was a result of those
countries’ attempt to agree on a plan of establishing a two-way gas transmission corridor24
.
Meanwhile, the Government defined a traditional form of coordination in respect of security of supplies of
energy resources, i.e. the Inter-ministerial working group for preparing fuel and energy sector facilities for
the 2016–2017 autumn and winter period with the view to going through it25
.
16 http://www.nerc.gov.ua/?id=21404
17 http://www.nerc.gov.ua/?news=5393
18 https://www.youtube.com/watch?v=yrtI8KdIvDs
19 These amendments provide for enhanced public control over drafting plans for the development of gas distribution systems by
the GTS operators.
20 These amendments concern setting the capacity of an exit point from the GTS where a direct consumer orders gas transmission
services.
21 http://www.nerc.gov.ua/?id=18452
22 http://www.kmu.gov.ua/control/uk/publish/article?art_id=249279515&cat_id=244276429
23 https://ec.europa.eu/energy/sites/ener/files/documents/CESEC%202016.09.09%20HLG%20conclusions%20-%20FINAL.PDF
24 http://utg.ua/utg/media/news/2016/09/pdpisano-memorandum-pro-spvpraczyu-z-operatorami-gts-bolgar-rumun-ta-
turechchini.html

Electricity and Nuclear Security
The major event in September was passing by the VRU of the Laws “On the Electricity Market of Ukraine”
(No. 4493) and “On the National Energy and Public Utilities Regulatory Commission” (No. 2966-д) as a
whole.
The NEPURC focused on regulatory acts on quality of energy supplies to households.
Prior to the heating season, the major attention of the Government was turned to resolving the issue of
energy crisis, in particular accumulation of coal and drafting plans for compensation thereof from other
energy sources. During September, measures were also taken to enhance safety of NPPs and improve the
radiological monitoring in accordance with the EU standards. In accordance with the Law of Ukraine “On
Nuclear Power Use and Radiological Safety”, the draft order “On approval of General provisions of safety
as to radioactive waste management prior to disposal thereof” was published. The VRU ratified the
Agreement between the Government of Ukraine and the European Atomic Energy Community on scientific
and technological cooperation and associated participation of Ukraine in the Euratom Research and
Training Programme (2014–2018).
Directive 2009/72/EC of 13 July 2009 concerning common rules for the internal market in electricity and
repealing Directive 2003/54/EC (AA: Article 269, Chapter 11, Title IV of the Association Agreement
between the EU and Ukraine)
During the plenary meeting on September 22, the VRU approved the Draft Law of Ukraine On the Electricity
Market of Ukraine” (No. 4493) in the first reading26
. The Committee on Fuel and Energy Complex will accept
proposals from MPs on the amendments to that Draft Law during the next two weeks. The working group is
chaired by MP from the Samopomich faction Lev Pidlisetskyi. On the following day, the Committee on Fuel
and Energy Complex, with the participation of MPs, managers in the sector and Ukrainian and international
experts, held the Round table “Major challenges for the new electricity market”.27
On September 22, the VRU also approved the Law of Ukraine “On the National Energy and Public Utilities
Regulatory Commission” (No. 2966-д) as a whole.
repealing Directive 2003/54/EC (AA: Article 273, Chapter 11, Title IV)
The Government of Ukraine published the CMU Resolution No. 591 of 23.08.2016 amending the Rules of use
of electricity by the households (CMU Resolution No. 1357 of 26 July 1999). 28
These amendments aim to
improve the procedural issues, notices of disconnection, contracts on sale and purchase of electricity at the
“green” tariff. These amendments became effective on September 20.
On September 2, the NEPURC published the Draft Resolution “On approval of the Procedure of ensuring
compliance with electricity supply service quality standards”.29
This draft provides for reimbursements to
consumers for failure to comply with the guaranteed electricity quality standards.
On September 7, the Commission published the draft resolution on amendments to the Methodology of
calculation of payments for connecting electricity generating plants to electricity networks.30
That draft
document provides for improving the provisions of the Methodology, simplifying and improving the
procedure of setting the price for connecting electricity generating plants to electricity networks and
improving Ukraine’s ranking in the Ease of Doing Business Index prepared by the World Bank and the
26
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?id=&pf3516=4493&skl=9
27
http://kompek.rada.gov.ua/kompek/control/uk/publish/article;jsessionid=E91CDBE66DA431B34DDC1FB258A67F13?a
rt_id=52642&cat_id=52641&showHidden=1
28
http://www.kmu.gov.ua/control/uk/cardnpd?docid=249303067
29
http://www.nerc.gov.ua/index.php?news=5366
30

International Finance Corporation (IFC) on an annual basis. A number of experts turn their attention to the
possibility of implementation of the ideas incorporated into that draft document only after amending the
Law of Ukraine “On Electricity”.
On September 20, the NEPURC held consultations with the civil society — public hearings “State and the
prospects of development of the monitoring system and regulation of the quality of services in the electricity
sector”. The purpose of that event was discussion of the state of the monitoring of the quality of services in
the electricity sector, prospects of its development and transition to regulation of the quality of such
services.31
On September 23, the Procedure for market formation of market-based retail tariffs for electricity supplied
to the consumers was officially published (NEPURC Resolution of 13.06.2016 No. 1129) entering into force
on 1 January 2017. The regulator believes that this Procedure will allow gradual transition to fair market-
based retail electricity tariffs for consumers and make possible cancellation of region-based cross-subsidies
between the consumers and energy companies.32
On September 26, the NEPURC published the draft Procedure for open hearings on prices/tariffs, their
components, for all categories of consumers, changes in such prices/tariffs to be made by natural monopolies
and participants of the adjacent markets. The purpose of adoption of that Procedure is to ensure unhindered
andfree access of consumers to informationon calculationof the prices/tariffs for electricity,gas and housing
and public utility services.33
repealing Directive 2003/54/EC (AA: Article 274, Chapter 11, Title IV)
The MECI created the Managing Committee for coordination of work on updating the Energy Strategy of
Ukraine until 2035 composed of the representatives of that Ministry, NEPURC, MPs, donor organisations. On
the meeting held on September 13, the Managing Committee proposed to appoint the National Institute for
Strategic Studies as the chief contractor to draft the above document34
.
Regulation (EC) No. 714/2009/EC of 13 July 2009 on conditions for access to the network for cross-border
exchanges in electricity and repealing Regulation (EC) No. 1228/2003 (AA: Article 270, Chapter 11, Title IV)
In accordance with the NEPURC Resolution of 30.08.2016 No. 149235
, SE Energorynok was entitled to create
a local authority responsible for issuing energy identity codes ЕІС ENTSO-E (МОВ ЕІС ENTSO-E).
The European Network of Transmission System Operators (ENTSO-E) authorised 36
МОВ ЕІС ENTSO-E
functioning on the basis of SE Energorynok.37
Regulation (EC) No. 714/2009/EC of 13 July 2009 on conditions for access to the network for cross-border
exchanges in electricity and repealing Regulation (EC) No. 1228/2003 (AA: Article 271, Chapter 11, Title IV)
NEC Ukrenergo, being the system operator of the United Energy System, published a draft document on
September 1 proposing amendments to the 2016 Investment Programme. Those amendments aim to
31
32
33
34
http://mpe.kmu.gov.ua/minugol/control/uk/publish/article?art_id=245142949&cat_id=35109
35
http://www.er.gov.ua/data/entso/postanova.jpg
36
http://www.er.gov.ua/data/entso/LIO_62_ENERGORYNOK2.pdf
37
http://www.er.gov.ua/

redistribute proceeds from trading emissions under the Kyoto Protocol as well as income from capacity
distribution of interstate electricity networks38
.
On September 1, NTC Ukrenergo informed about the completion of the investigation into the reasons of
violation of normal regimes of network operation in respect of the Kyiv 110 kV power node which occurred
on 21 June 2016 when interconnections 330 kV Chernobyl NPP – Pivnichna, 110 kV Chernobyl NPP –
Pivnichna, 110 kV Chernobyl NPP – Bohdany were switched off.39
Among the major reasons were insufficient
control of generation of active and reactive capacity on Kyiv CHPP-5 (with no generation at the CHPP-6) along
with the grow in consumption of Kyiv power node in the summer period and inability on the part of Kyiv’s
HPPs and pump-storage generating units to immediately increase the load with the reduced voltage.
September 19 saw completion of construction and connection of a facility of national importance, the entry
of an aerial power line with the voltage of 750 kV between Khmelnitskyi NPP – Chernobyl NPP to the 750 kV
sub-station Kyivska. Putting that facility into operation will ensure switching in of Khmelnitskyi NPP’s capacity
and reliable supply of both Kyiv and central regions of Ukraine40
.
Article 338, Chapter 1, Title V of the EU–Ukraine Association Agreement Cooperation Agreements with
IFIs
On September 2, Maroš Šefčovič, the Vice President of the European Commission for Energy Union,
confirmed the EU’s readiness to provide Ukraine with Macro-Financial Assistance in the amount of EUR 600
million but it may happen only after passing a legislative package concerning the NEPURC’s status, reform of
the gas and electricity markets, creation of the Energy Efficiency Fund41
. On September 22, Satu Kahkonen,
the World Bank Country Director for Ukraine, Belarus and Moldova, stated that the World Bank plans to
provide Ukraine with USD 500 million credit guarantees in close future with the view to purchasing natural
gas needed for the heating season.42
According to the Prozorro system data, on September 1, SE NNEGC Energoatom concluded an agreement
with Merrill Lynch, Pierce, Fenner & Smith Inc. acting in the capacity of Bank of America Merrill Lynch, on
coordination of investment of USD 250 million for the nuclear waste repository.43
Within the framework of deepening cooperation with other countries in the energy sphere, with the view to
fostering development of the energy sector, on September 19, Minister Іhor Nasalyk and Zhang Jinsong, Vice
General Manager of the CNBM International Corporation, PR China, signed the Memorandum of cooperation
and implementation of common projects in the energy sector. The planned size of CNBM’s investments is
expected to be up to USD 2 billion.44
Also, in accordance with the Prime Minister’s statement, Ukraine and
the EU intend to sign, until 2017, the Memorandum of understanding and cooperation in the energy sector.45
On September 6, the Government approved the final report on the results of implementation of the project,
together with the EBRD and Euratom, on post-construction modernisation of the nuclear power unit 2 of
Khmelnitskyi NPP and the nuclear power unit 4 of Rivne NPP.46
On September 20, under the Project of the
Joint Operational Programme Romania–Ukraine–Republic of Moldova 2007–2013 (JOP RO–UA-MD 2007–
2013), technical and economic conclusions were presented as to the possibilities of synchronous
interconnection of Ukrainian and Moldavian energy systems with the continental European energy system.
In accordance with those conclusions and recommendations, some authorities, including ENTSO-E, will
38
http://www.ukrenergo.energy.gov.ua/Pages/ua/DetailsNew.aspx?nID=3016
39
http://www.ukrenergo.energy.gov.ua/Pages/ua/DetailsNew.aspx?nID=3023
40
http://mpe.kmu.gov.ua/minugol/control/uk/publish/article?art_id=245144412&cat_id=35109
41
http://www.epravda.com.ua/news/2016/09/2/604251/
42 http://eircenter.com/news/svitovij-bank-dast-ukrayini-500-mln-dol-kreditnix-garantij-na-zakupivlyu-gazu/
43 https://www.rbc.ua/ukr/news/bank-of-america-pomozhet-energoatomu-privlech-1473070906.html
44 https://www.rbc.ua/ukr/news/bank-of-america-pomozhet-energoatomu-privlech-1473070906.html
45 https://www.rbc.ua/ukr/news/ukraina-es-namereny-2017-podpisat-memorandum-1472808596.html
46 http://mpe.kmu.gov.ua/minugol/control/uk/publish/article?art_id=245140944&cat_id=245070653

decide on necessary measures, and Ukrainian and Moldovan experts will continue further preparation of
their energy system for synchronous operation.47
Article 339, Chapter 1, Title V of the EU–Ukraine Association Agreement, coal market
The coal sector is in deep crisis. The proposed Concept of reforming the coal sector until 2020 does not
provide a clear vision of the future development of the sector. This situation is the result of failure on the
part of the MECI to finally decide on the general concept as to the vision and prospects of the sector
development48
, and that is why it cannot propose a clear strategy of tackling the crisis. Despite that, adoption
by the VRU of the draft 2017 State Budget already approved by the Government on September 15, which
provides for the allocation of UAH 1,8 billion for restructuring the domestic mines and support of the coal
industry, will make it possible to stabilise the situation in the short-term prospects49
.
During September, the Government was forced to focus its attention and efforts on solving immediate
problems relating to preparations to the heating season. According to Minister Ihor Nasalyk, the MECI
conducts preparatory works for the winter period in accordance with the schedule provided for by the Plan
of preparation for the autumn-winter season50
. However, a number of experts express concerns as to the
risks of disruption of the heating season because of pretty low coal reserves and real lagging behind the
schedule for accumulation of coal set by the MECI51
. That rather critical situation is also proven by the fact
that the Government has been forced to reactivate, for the first time during the last four years, the oil/gas
units of TPPs52
and to order the creation of the fuel oil reserve as well as to increase the plan of natural gas
injection up to 17 billion cubic metres53
. The Government, however, is adamant in its attempts to deal with
the situation successfully. The Minister of Energy assures that Ukraine may entirely be independent of the
fuel coming from the ATO zone due to the above measures, imports and increase in NPP productivity54
. He
also stated that a clear strategy of increasing domestic coal mining has already been tried and tested to make
it possible to give up using imported gas within a four-year period.55
Ukrainians will have a chance to check
the Government’s efficiency in dealing with the challenges in the energy sector as soon as the heating season
starts.
On September 22, the CMU adopted Ordinance No. 677-р “On the reallocation of some expenditures of the
State Budget as provided for by the MECI for 2016”56
, which provides for the allocation of funds for the
Government subvention in respect of the coal mined, which, accordingly, will make it possible to close the
current issue pertaining to unpaid miner salaries.
Article 342, Chapter 1, Title V of the EU–Ukraine Association Agreement, cooperation in the nuclear
safety sector, Council Directive 2014/87/Euratom, Council Directive 2013/59/Euratom, Council Directive
2006/117/Euratom
With the view to fulfilling its commitments as regards the issues of radiation safety and bringing it in line with
the EU standards, the Ukrainian party, during September, worked towards the implementation of projects
on improvement of both the security of Ukrainian NPPs and radiation control. On September 15, the SNRIU’s
Draft Order “On approval of the General provisions for safety of radioactive waste management prior to
48http://www.kmu.gov.ua/control/uk/publish/article?art_id=249343697&cat_id=244276429
49 http://economics.unian.ua/industry/1524764-proekt-byudjetu-2017-vugilna-galuz-otrimae-mayje-2-milyardi.html
51
http://ua-energy.org/post/62958
52 https://daily.rbc.ua/ukr/show/gori-vse-nakanune-otopitelnogo-sezona-strane-1473370308.html
53 http://www.kmu.gov.ua/control/ru/cardnpd?docid=249295853
54 http://economics.unian.ua/energetics/1522579-ukrajina-moje-povnistyu-obiytisya-bez-postavok-vugillya-iz-zoni-ato-ministr-
energetiki.html
56 http://zakon3.rada.gov.ua/laws/show/677-2016-%D1%80

disposal thereof” was published. The order was prepared on the basis of the Law of Ukraine “On Nuclear
Power Use and Radiological Safety”.57
Ukraine has been submitting data to the European Radiological Data Exchange Platform (EURDEP) in real-
time in the testing regime for over two months which enhances the opportunities for making assessment
and prognosis in radiological emergency cases and provides free access of the public to the radiological
information, in accordance with the EU standards for protection of the population against the dangers arising
from exposure to ionising radiation.58
Also, in accordance with the recommendations of the IAEA’s OSART
mission on introduction of the international principle of the radiation protection ALARA and the repeated
inspection of the Nuclear Insurance Pool of South Ukraine NPP’s location, actual works on creation of a
system of monitoring of tritium and carbon 14 emissions commenced at South Ukraine NPP in September.
The above system is planned to be launched in test operation before the end of the year.59
On September 28, Energoatom NNEGC and Westinghouse agreed to start works on the Efficiency
Improvement Program (EIP) for Ukrainian NPPs, which will include a number of measures taking into account
security aspects to ensure compliance with the particular EU standards. The above measures will be
supplementary to the ongoing works on improvement of security within the framework of the Complex
Consolidated Safety Upgrade Program supported by the EBRD and Euratom.60
Ratification by the VRU of the Agreement on Scientific and Technological Cooperation between Ukraine and
Euratom and associate participation of Ukraine in Euratom’s research and training program (2014–2018) was
a positive step towards the implementation of the EU nuclear safety standards.61
Ukraine’s joining the
Euratom as an associate member opens ways for participation of Ukrainian research institutions in promising
nuclear energy projects.62
During September, in the framework of the Treaty between Ukraine and IAEA onNon-proliferation of Nuclear
Weapons, IAEA inspections took place at Zaporizhia and63
Rivne NPPs64
. In the framework of improvement
of safety and reliability of the NPPs, WANO visited South Ukraine NPP (SUNPP)65
and Khmelnitskyi NPP
(KhNPP).66
WANO will prepare a detailed report on the results of WANO’s work, which will also include
conclusions and recommendations; the WANO’s experts, however, have already noted substantial progress
achieved by SUNPP compared to 2014.67
Moreover, the level of security at KhNPP was monitored by
representatives of the OCSE special monitoring mission in Ukraine, who visited the above plant on September
20.68
57
http://www.snrc.gov.ua/nuclear/uk/publish/article/334595
58
http://www.snrc.gov.ua/nuclear/uk/publish/article/334369
59
http://www.energoatom.kiev.ua/ua/press/nngc/45838-
na_yujnoukranskyi_aes_stvoryutsya_sistema_kontrolyu_vikidv_trityu_ta_vugletcyu_s/
60 http://www.energoatom.kiev.ua/ua/press/nngc/45900-
joint_statement_of_se_nnegc_energoatom_and_westinghouse_on_expansion_of_cooperation_on_the_occasion_of_the_visit_of_
secretary_of_commerce_penny_pritzker/
61
http://rada.gov.ua/news/Novyny/134904.html
62
http://mon.gov.ua/usi-novivni/novini/2016/06/28/pidpisano-ugodu-pro-uchast-ukrayini-u-programi-naukovix-
doslidzhen-evratom/
63
http://www.energoatom.kiev.ua/ua/press/nngc/45794-na_zaes_provoditsya_planova_nspektcya_magate/
64
http://www.energoatom.kiev.ua/ua/press/nngc/45874-raes_dotrimutsya_umov_ugodi_z_magate/
65
na_yujnoukranskyi_atomnyi_stantc_prohodit_povtorna_partnerska_perevrka_vao_aes/
66
na_hmelnitckyi_aes_zavershila_robotu_msya_tehnchno_pdtrimki_vsesvtno_asotcatc_operatorv_atomnih_elektrosta
ntcyi/
67
na_yujnoukranskyi_atomnyi_elektrostantc_zaversheno_planovu_povtornu_partnersku_perevrku_vao_aes/
68
rven_bezpeki_na_hmelnitckyi_aes_montorili_predstavniki_ms_obs/

On September 21, the power unit 1 of Zaporizhia NPP was put into operation in an off-design term based on
the license for continuing operation of ZNPP’s power unit 1 until 23 December 2025.69
The Government continued looking for ways to achieve the objective to diversify nuclear fuel supplies. On
September 19, the second meeting between Ihor Nasalyk with the Chairman of the Board of NAC
Kazatomprom JSC Aska Zhumagaliyev took place. Ukraine considers Kazakhstan as a reliable supplier of
enriched uranium in future. The parties agreed to work out the above issue in more detail in view of its
economic viability for both parties.70
Article 342, Chapter 1, Title V of the EU–Ukraine Association Agreement, Cooperation in the nuclear safety
sector. Cooperation aims at resolving problems caused by the Chernobyl accident and putting Chernobyl
NPP out of operation
As of mid-September, construction of a New Safe Confinement (the Arch) at Chernobyl NPP is at the final
phase of the second stage of transforming the “Shelter” into an environmentally safe system. It is planned
that the Arch structure would slide in place on 29 November 2016, with the participation of the donor
countries of the Chernobyl Shelter Fund.71
SEZA, Chernobyl Research and Development Institute and EasyBusiness presented a teaser they made for an
investment project Chornobyl Solar which concerns construction of a solar power plant in the exclusion zone.
The project is at the stage of development, and both domestic and foreign investors are invited to take part
in it.72
69 http://www.energoatom.kiev.ua/ua/press/nngc/45871-
energoblok__zaporzko_aes_pristupiv_do_roboti_v_ponadproektniyi_strok/
71 http://dazv.gov.ua/novini-ta-media/vsi-novyny/povidomlyaemo-pro-datu-zavershennya-protsesu-budivnitstva-ta-nasuvannya-
arki-na-ob-ekt-ukrittya-chornobilskoji-aes.html
72 http://dazv.gov.ua/novini-ta-media/vsi-novyny/vidnovlyuvalna-energetika-u-zoni-vidchuzhennya-novi-mozhlivosti-dlya-sektoru-
energetiki.html

Energy Efficiency and Social Issues
The Government’s inability to effectively fight against the obstacles in the way to large-scale
modernisation in the country only strengthens a negative assessment of Ukraine’s actions to fulfil its
commitments to the European Union under the Association Agreement. In the context of the declared
reform objectives, the effective results achieved are next to none. The statements of politicians on the
need to implement large-scale energy efficiency measures remain only populist theses pronounced during
numerous conferences dedicated to the issues of energy efficiency, never turned into reality.
The “warm loans” program in so far as it concerns support of natural persons, never resumed in September
as a result of tangled bureaucratic procedures of decision-making by central executive bodies. Inability of
the Ministry of Regional Development to bring into effect the already taken decision about additional
financing of the programme is a bright example of an inconsistent public policy. As a matter of fact, that
programme may end in 2016 because despite the fact that the SAEE submitted a budget request for the
next year to the Ministry of Finance seeking further financing in the amount of UAH 1.9 billion, the Law of
Ukraine “On the State Budget for 2017” provides for no expenses for that purpose.
The process of creation of the Energy Efficiency Fund, which is among the preconditions for Macro Finance
Assistance from the EU, also goes on quite slowly, the regulatory basis to regulate its operation has not yet
been developed. The draft State Budget for 2017, however, provides for the expenses for the Fund’s
operation in the amount of UAH 800 million, which is, nonetheless, 60 times less than the expenses
provided for the subsides for households.
The draft laws of Ukraine on the energy performance of buildings, commercial accounting of public utility
services and on public utility services (new version) were submitted to the Verkhovna Rada of Ukraine as
those of the highest priority but weren’t put on the agenda for vote in September.
Directive 2012/27/EU on energy efficiency
Energy audits and energy management systems (Article 8)
According to the information from domestic sources, the CMU’s draft Ordinance “On approval of the Action
plan for the introduction of the energy management systems in state-financed organisations” is pending at
the Ministry of Finance while repeatedly agreed on based on the results of the coordination meeting with
representatives of the civil society held on 6 September 2016. In accordance with the regulatory
requirements, when agreed on by the Ministry of Finance, the said draft document is to be submitted to the
Ministry of Justice for legal assessment and then submitted to the Government for consideration.
Metering (Article 9)
The Draft Law submitted by MPs “On Commercial Accounting of Public Utility Services” (No. 4901 of
06.07.2016) was considered at the meeting of the Parliamentary Committee on Construction, Urban
Development, Housing and Communal Services. That Draft Law proposes to define principles of arranging
commercial accounting of thermal power, hot water, district water supply services and providing consumers
of those services with the relevant accounting information. Based on the result of the consideration, the
Committee decided to recommend the Verkhovna Rada to adopt the Draft Law in the first reading and to put
it at the next meeting on the list of high priority draft laws to be considered in October 2016. On September
22, the draft resolution was registered in the Verkhovna Rada.73
Energy Efficiency Fund, Financing and Technical Support (Article 20)
In pursuance of the adopted Concept of introduction of the mechanisms of stable financing of the energy
efficiency measures (creation of the Energy Efficiency Fund), the Ministry of Regional Development has
drawn up a draft action plan for the implementation thereof. The respective regulatory act, after having been
agreed on with all executive bodies concerned, is pending legal assessment in the Ministry of Justice.
According to unofficial information, specialists of consultative bodies on the EU technical assistance joined
up the process of drafting secondary legislation and improving certain norms of the relevant framework draft
73
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=60106

law, so that we may expect substantial improvement in those draft documents in conformity with the EU
acquis.
Energy services
Despite some inconsistency between the provisions regulating public procurement and the regime of
concluding energy services contracts74
, the first contract of that type was signed in September, and
particularly it was in respect of a secondary school in Odessa oblast, whose reduction in energy consumption
during the next 10 years is expected to reach at least 28%.75
Directive 2010/31/EU on the energy performance of buildings
The relevant Parliamentary Committee, on September 21, considered a long-awaited Government’s Draft
Law “On the Energy Efficiency of Buildings” (No. 4941 of 11.07.2016) and recommended the Parliament to
adopt it in the first reading and to put it on the list of the draft laws of the highest priority for consideration.
Therefore, we may expect that the Law will be passed, at least in the first reading, already in October this
year.
Directive 2010/30/EU on the indication by labelling and standard product information of the consumption
of energy and other resources by energy-related products
With the assistance of the EBRD’s Finance and Technology Transfer Centre for Climate Change Programme
(FINTECC), SAEE has held first meetings of the Technical consultative group and Inter-ministerial work group
that are drafting secondary legislation on ecological design.76
Officials, experts and manufacturers of
industrial goods discussed the drafted Technical regulations but were unable to finalise that work.
Social issues
In the context of difficulties with financing of so called “warm loans” for households with the substantial
lagging behind the schedule as regards systematisation of efforts on improving energy efficiency through the
relevant Fund, the Government pays much attention to social support of the population. In the draft State
Budget for 2017, about UAH 50.7 billion are planned to be allocated to finance household subsides and
allowances, and it also planned to additionally allocate almost UAH 2.5 billion to finance acquisition by the
population of solid and liquid fuels for households.77
The Government’s inability to arrange monetisation of
the idle balances left from the subsidies provided is a sensitive issue, which at the same time dissuades the
population to reduce consumption and also disables the opportunity to allocate substantial resources for the
implementation of measures aimed at improving energy efficiency.
According to the part of the Annual Implementation Report on the Acquis under the Treaty Establishing the
Energy Community prepared by the Energy Community Secretariat dedicated to Ukraine, provisions aimed
at social protection of the population in Ukraine have been introduced partially and fragmentarily.78
Among
other observations, the Secretariat notes that the system of protection of most vulnerable customer
categories is based on the general support schemes for the population, and therefore, it doesn’t take into
account the relevant provisions of the EU directives. At the same time, in the gas sector, the situation is
somewhat better as a result of adoption of the sectoral law, and the law on the electricity market developed
in line with the social standards of the Third Energy Package is yet to be adopted by the Verkhovna Rada.
74
http://saee.gov.ua/sites/default/files/15_Dragonchuk.pdf
75
http://energynews.com.ua/news/18585
76
http://saee.gov.ua/uk/news/1341
77
http://ua.interfax.com.ua/news/general/371003.html
78
https://www.energy-
community.org/portal/page/portal/ENC_HOME/DOCS/4332414/3D795DA4811D69D4E053C92FA8C07422.pdf

Environment and Renewable Energy Sources
In its implementation report for 2015/2016, the Energy Community Secretariat noted that two
infringement procedures had been initiated against Ukraine (as regards sulphur and EIA) which makes
Ukraine’s performance in the field of environment one of the worst in the Energy
Community.79
Meanwhile, the Parliament and the Ministry of Ecology and Natural Resources of Ukraine
are preparing two vital draft laws for the second reading: on environment impact assessment and on
strategic environmental assessment.
It is even more relevant because, according to the World Health Organisation’s survey, Ukraine tops the
list of the countries with the highest rate of deaths related to air pollution relative to its population80
.
Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the
environment (codification) (Article 363 of the AA)
On 12 July 2016, the Parliament approved the Draft Law of Ukraine “On Environmental Impact Assessment”
(reg. No. 2009а-д) in the first reading.81
That Draft Law is now being prepared for the second reading.
As result of Ukraine’s failure to fulfil its obligation to introduce the procedure of environmental impact
assessment, the Energy Community Secretariat initiated the infringement procedure against Ukraine and
sent a relevant notice to that effect. On 7 September 2016, the Ministry of Ecology and Natural Resources of
Ukraine published a statement with its opinion on the situation and called upon the Parliament to pass the
relevant draft laws as soon as possible. “Hope that joining forces of the public authorities, civil society and
MPs will make it possible to achieve success — to fulfil the international commitments and adopt up-to-date
European acquis in the area of environment. The Ministry of Ecology and Natural Resources of Ukraine, in its
turn, is ready for the open discussion of the draft laws and the procedure of settlement of the contradictions
that arose with the representatives of the Energy Community Secretariat”, the statement reads.
In support and facilitation of the draft laws on EIA and SEA, on 20 September 2016, the round table “EU
integration in the field of environmental assessment: EIA and SEA” took place with the participation of MPs,
the Ministry of Ecology and Natural Resources, members of the European Parliament and the European
Commission, the Energy Community Secretariat, civil society, experts.82
All the speakers underlined the
importance and necessity of the introduction of the procedures of Environmental Impact Assessment and
Strategic Environmental Assessment to meet the EU standards. There were also critical remarks as regards
of the draft laws, and particularly concerning the need to bring the procedures in line with the urban-planning
standards, inefficiency of the licensing nature of EIA procedure, the problems with activities requiring
environmental impact assessment.
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the
environment (Article 363 of the AA)
On 12 July 2016, the Parliament approved the draft Law of Ukraine “On Strategic Environmental Assessment”
(reg. No. 3259) in the first reading.83
The document is now being prepared for the second reading.
Directive 2009/147/EC on the conservation of wild birds (Article 4.2) (Article 363 of the AA)
79 https://www.energy-
80 http://life.pravda.com.ua/health/2016/09/28/218446/
81 http://zakon3.rada.gov.ua/laws/show/1449-19
82 https://www.facebook.com/OrhusCenterKyiv/posts/1624043224559976
83 http://zakon5.rada.gov.ua/laws/show/1450-19

What concerns the two draft laws that may have a positive impact on the conservation of wild birds,
registered with the Parliament in July 2016 (the Draft Law of Ukraine No. 4964 of 12.07.2016 on amending
certain legislative acts of Ukraine (concerning infringement of environmental legislation)84
and the Draft Law
of Ukraine No. 4869 on amending certain legislative acts of Ukraine (on strengthening of conservation
measures)85
), necessary preparatory works are being performed prior to the first reading; both draft laws
received the conclusions of the Central Scientific Experts Office of the Verkhovna Rada of Ukraine Secretariat
and of the Committee on Environmental Policy. Both of them have been recommended to be adopted in the
first reading with further taking into account of the observations made.
Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (Article 363 of
the AA)
The Energy Community Secretariat, in its Annual Implementation Report, noted submission for its
consideration of the National emission reduction plan of major pollutants from large combustion plants as
the only positive step in the area of environment.86
Nonetheless, the Government’s promise to approve the
National Plan by the end of 2015 has remained unfulfilled until now.
Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and 2003/30/EC (Article 338 of the AA)
In the end of September, in Hamburg, an international fair WindEurope Hamburg and the summit
WindEurope Hamburg 2016 were held, and that became a major event in the world energy industry. The
event attracted 1,435 participants from 34 countries, including leading players of the global wind-power
market, politicians and financiers. It’s worth noting that the Ukrainian delegation was the largest among
those of the post-Soviet states and from the Eastern Europe87
.
Moreover, on September 23, the first 3-MW turbine was sent from the Kramatorsk plant Fuhrländer Wind
Technology. The wind turbine of that class has been manufactured in Ukraine for the first time. It is going to
be installed in Ochakiv raion of Mykolaiv oblast in the area of Prichornomorskyi wind farm.
Directive 2009/28/EC on the promotion of the use of energy from renewable sources
The Draft Law No. 4334 on amending the Law of Ukraine “On Heat Supply” was passed by the Verkhovna
Rada in the first reading.88
The above document provides for simplification of the procedure of setting tariffs
for thermal energy generated from alternative sources.
The Draft Law No. 4618 on amending Article 8 of the Law of Ukraine “On Alternate Fuels” was also passed by
the Verkhovna Rada in the first reading.89
The above Draft Law aims at stopping keeping the state register of
undertakings operating in the area of production, storage and marketing of rare biofuels and biogases.
86
https://www.energy-
87
http://ua-energy.org/post/63059
88
89

Oil
The start of a new political season stimulated the Government’s work in the oil sector. In particular, with
the view to fulfilling Ukraine’s obligations in so far as they concern simplification of doing business, the
Ministry of Energy and Coal Industry of Ukraine has created the Work group on reviewing regulatory acts
in the energy sector, and the above group has drawn up the timetable of reviewing the documents to be
amended or repealed90
.
However, despite certain progress, the rate of the implementation of the EU directives in the oil sector
remains insufficient. In particular, the Ministry of Energy and Coal Industry of Ukraine, the Ministry of
Ecology and Natural Resources of Ukraine are slow with preparing regulatory acts whose approval was
planned for 2016, and the Verkhovna Rada has already several times adjourned consideration of important
draft laws on prospecting for, mining and production of hydrocarbons (registered numbers 3038, 3096,
3849) despite their repeated putting on the agenda.
Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil
and/or petroleum products (Article 338 of the AA)
In accordance with paragraph 1.1.2 of the Implementation Plan for Directive 2009/119/EC, the Ministry of
Energy and Coal Industry of Ukraine must draw up a draft law on maintaining minimal reserves of oil and oil
products91
, and the Verkhovna Rada is to pass that law in the first reading in December 2016. However, as of
5 October 2016, no information about the progress with that document was published. In the light of that,
one may expect that the objective of paragraph 1.1.2 of the Implementation Plan is not going to be met.
Another act of the Cabinet of Ministers concerning the model of minimal reserves of oil and/or oil products
chosen by Ukraine hasn’t been adopted (objective 1.1.1, deadline — December 2015).
Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive
93/12/EEC as amended by the Directives 2000/71/EC, 2003/17/EC and 2009/30/EC and regulation (EC)
1882/2003 (Annex ХХХ, Article 360–363, 365, 366 of the AA)
In accordance with the Implementation Plan for Directive 98/70/EC (Articles 7 and 8; paragraph 1.3), the
MECI was bound to report on the operation of the system of monitoring of quality and safety of oil products
in Ukraine since December 201592
. However, as of 5 October 2016, no document to that effect was published.
At the same time, after the liquidation of State enterprise “Ukrainian Scientific and Research Institute for
Crude Oil Processing Industry “MASMA””, the chief executor of all tasks as provided for in the plan, especially
where it concerned development of the national standards of Ukraine DSTU EN 14274 “Fuel for motor
vehicles. Assessment of quality of petrol and diesel fuel. Fuel quality monitoring system” and DSTU 14275
“Fuel for motor vehicles. Assessment of quality of petrol and diesel fuel. Sampling from the dispensers of
retail sales and from the fuel pistols at the commercial fuelling stations” harmonised with the respective
effective European standards (deadline — December 2016); introduction of the oil products quality and
safety monitoring system (deadline — December 2017); ensuring operation of the system of the inter-
laboratory comparison of the testing results for confirmation of the quality of testings (deadline — December
2017); development of the national standards harmonised with the European standards necessary for the
application of the Technical Regulation on the requirements to petrols for motor vehicles, diesel and ship
fuels, and boiler fuels (deadline — December 2016), further works on the implementation of Directive
98/70/EC in Ukraine have been actually suspended.
Directive 94/22/EC on the conditions for granting and using authorizations for the prospection,
exploration and production of hydrocarbons (Annex XXVII, Articles 279, 280, 341 of the AA)
90
http://mpe.kmu.gov.ua/minugol/doccatalog/document?id=245145708
91
http://www.kmu.gov.ua/document/248091904/Dir_2009_119.pdf
92

Oil
According to the Implementation Plan for Directive 94/22/EC, a new version of the Subsoil Code of Ukraine
is to be approved until the end of 201693
. However, as of 05 October 2016, no information about the progress
on the part of the Ministry of Ecology and Natural Resources of Ukraine and the State Service of Geology and
Mineral Resources of Ukraine to that effect is available. It’s only known that an inter-ministerial group was
established to assess the needs of the national economy in strategic mineral resources whose objective is
drawing up a relevant draft law94
. In the light of that, one may expect that the objective of paragraph 1.1.1
of the Implementation Plan is not going to be met.
On 8 and 22 September 2016, the Draft Law No. 3849 “On Amending Certain Legislative Acts of Ukraine with
the View to Fostering Exploration and Extraction of Oil and Gas in Ukraine” was put on the Verkhovna Rada’s
agenda95
. It proposed to settle the issue of associated mineral resources which are technically or
commercially unfeasible to separate during extraction; to cancel the conclusion of production sharing
agreements (PSAs) without a tender where they relate to the deposits with insubstantial reserves; to refuse
renegotiation in respect of the PSAs relating to particular parts of the fields for which special permits to use
the subsoil have been issued; to reimburse the state companies for the development of oil and gas fields
prior to the conclusion of PSAs. Unfortunately, the consideration of that Draft Law was adjourned for an
unspecified period of time.
The Draft Law No. 3096 “On Amending Certain Legislative Acts of Ukraine with the View to Simplification of
Certain Aspects in the Oil and Gas Sector” approved by the responsible committee as far back as on 7 October
2015 and put on the Verkhovna Rada’s agenda on 8 and 22 September 2016 has also been left without
consideration96
. The document concerns improvement of the procedure of assignment of land lots for
conducting prospecting, construction, maintenance, repairs and reconstruction of the pipeline transport,
construction of oil and gas well sites, facilities and factories related to the operation thereof, approach drives,
power lines and telecommunications.
Article 279 of the AA in terms of providing equal access to and exercise of the activities of prospecting,
extracting and producing hydrocarbons
Pursuant to Article 279(4) according to which all actors licensed for prospecting, extracting and producing
hydrocarbons must pay a certain financial contribution of which the procedure must be properly recorded,
the Draft Laws No.No. 3038 and 3038-1 “On Amendments to the Budgetary Code of Ukraine (with the view
to streamlining of the system of receipt and application of revenues from the rent for mining, extraction of
oil, gas and gas condensate)” on 8 and 22 September were put on the Verkhovna Rada’s agenda. The authors
of the Draft Laws No.No. 3038 (3038-1) proposed to fix the distribution of the revenues from the rent for
mining, extraction of oil, gas and gas condensate as follows: 2% (1%) — to village, township and town/city
budgets, 1.5% (4%) — to the budgets of oblasts, and 1.5% (5%) — to the budgets respective raions (the rest
should go to the general fund of the State Budget of Ukraine). But despite the paramount importance of
those documents for local communities, their consideration by the Verkhovna Rada has been adjourned for
an unspecified period of time.
Article 338 of the AA in terms of continuing and enhancing cooperation in the energy sector
Pursuant to Article 338(a) on the implementation of energy strategies and policies and
development/elaboration of forecasts and scenarios, and in view of the concerns expressed by independent
experts in August about the fact that the Energy Strategy of Ukraine until 2035 was being developed without
the knowledge of the public, the Managing Committee responsible for the coordination of drafting of that
document, at the meeting on 13 September 2016, proposed to appoint the National Strategic Research
93
94
http://www.kmu.gov.ua/control/publish/article?art_id=249033740
95
96

Oil
Institute to be the chief executor and ensure systematization of the previously prepared materials97
. The
Energy Strategy in line with Ukraine’s international commitments is expected to be finalized in Q4 201698
.
Pursuant to Article 338(d) on development of competitive, transparent and non-discriminatory energy
markets in convergence with EU rules and standards through regulatory reforms, by its Order No. 569 of 5
September 2016, the Ministry of Energy and Coal Industry created a Working group for the review of
regulatory acts in the energy sector that need to be amended or repealed99
. With the purpose to simplify
activities in the area of production, storage and marketing of biological alternatives to petrol and diesel fuel,
on 22 September 2016, the Verkhovna Rada of Ukraine passed the Draft Law No. 4618 “On Amending Article
8 of the Law of Ukraine “On Alternative Fuels” in the first reading which is proposes to cancel requirements
to keeping state register of undertakings that carry out respective activities100
.
97
http://mpe.kmu.gov.ua/minugol/control/publish/article?art_id=245142949
98
http://www.kmu.gov.ua/document/249113344/R0418-00.doc
99
100

Business Climate
In addition to passing the draft laws on the energy regulator (No. 2966-д) and on the electricity market
(No. 4493) in the second and first reading, respectively, a number of drafts laws were also adopted in the
first reading aiming to create more favourable conditions for companies to increase heat production from
renewable sources (No. 4334) and increase the use of alternative fuels (No. 4618).
At the same time, Prime Minister of Ukraine Volodymyr Groysman supported the drafting of the gas
industry development strategy until 2020 with the view to giving up imports of natural gas. Moreover, the
VRU has adjourned the consideration of the draft law aiming to create more favourable and attractive
conditions for mining companies to carry on their economic activity (No. 3849), and hence to increase the
domestic oil and gas production.
Representatives of the business, the Antimonopoly Committee of Ukraine, the Ministry of Energy and the
EU continued their dialogue and held a round table to discuss the issues of competition in the energy
sector.
Title IV, Chapter 11 of the Association Agreement, Trade-related energy
Directives 2009/72/EC and 2009/73/EC concerning common rules for the internal market in electricity and
natural gas, respectively
The VRU adopted the Draft Law No. 2966-д on the NEPURC in the second reading as a whole101
, however, its
further legalisation has been slowed down in view of the registration, on the same day, of the draft resolution
by MPs of the Radical Party on cancelling the vote due to the alleged violation of the procedural rules102
.
The Draft Law No. 4493 on the electricity market was adopted in the first reading and forwarded to the
Committee on Fuel and Energy Complex for improvement with the view to its further approval in the second
reading103
.
The Draft Law No. 3617 amending the Law of Ukraine “On the Natural Gas Market” was adopted and
forwarded to the President for signature.104
Those amendments concern the insurance reserve of which the
lower threshold is to be set by the Cabinet of Ministers annually for all gas suppliers, and the upper threshold
has been set by the law at the level of maximum 10% of the planned volume of monthly natural gas supply
to consumers for the following month.
Consideration of the Draft Law No. 3849 amending certain legislative acts of Ukraine on facilitating
prospecting for and extraction of oil and gas in Ukraine has been postponed105
. The proposed amendments
included reduction of the term for deciding on production sharing from three to one month, definition of the
term “subsoil plot”, procedure and terms for environmental contamination assessment. That draft document
also provides, for the first time, for covering investor expenditures relating to prospecting for, exploration
and extraction within the boundaries of a subsoil plot under a production sharing agreement.
Title IV, Chapter 10, Part 2 of the Association Agreement, State aid
By its Order No. 587106
, the Ministry of Energy and Coal Industry of Ukraine created a working group for quick
response to problems of investors in the energy sector of Ukraine. This working group includes all managers
of the Ministry, including the Minister of Energy, as well as representatives of the American Chamber of
Commerce in Ukraine and the European Business Association.
101
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?id=&pf3516=2966-%E4&skl=9
102
103
104
105
106

Methodology
The Project is being implemented by five partners and two invited permanent experts. The Project is being
implemented by the following five partners: NGO “DIXI GROUP”, Resource & Analysis Center “Society and
Environment”, Civil Network “OPORA”, Association “European-Ukrainian Energy Agency”, and All-Ukrainian
NGO “Energy Association of Ukraine”. Among the project permanent members are L. Unigovskyi, General
Director of Naftogazbudinformatyka LLC, and G. Riabtsev, Social Program Director of Psycheа Scientific and
Technical Centre.
For the purpose of monitoring the implementation of the Association Agreement, the project participants
have been divided into six working groups. These are, in particular, Gas group: L. Unigovskyi and
R. Nitsovych (DiXi Group); Electricity group: S. Golikova (Energy Association of Ukraine) and O. Shumilo;
Energy Efficiency and Social Issues group: T. Boyko (OPORA) and D. Nazarenko (DiXi Group); Environment and
Renewable Energy Sources group: N. Andrusevych (Society and Environment) and N. Yermakova (DiXi Group);
Business Climate and Investments group: V. Beliakova (European-Ukrainian Energy Agency) and A. Bilous
(DiXi Group), Oil group: G. Riabtsev (Psychea) and T. Tkachuk (DiXi Group).
The Project participants identified the monitoring framework for each working group based on the results
of their analysis of the Association Agreement. This framework is described in Annex 1.
The main source of information for monitoring purposes is official information provided by public
authorities. These include, in particular, adopted regulatory and legal acts, statements by top officials,
information about meetings and events with the participation of representatives of public authorities. Also,
monitoring could be based on messages by key energy market players, their decisions and initiatives. Other
sources of information can include published articles, interviews, news, as well as results of bilateral meetings
between experts and energy market players.
The subject of monitoring is transposition and, if appropriate, implementation of Directives. The groups
and experts monitor, first of all, transposition of acquis into the Ukrainian legislation and compliance
therewith. If appropriate, but only as an option, the quality of implementation of acquis and the effect of
their implementation on the market and/or consumers can be subject to monitoring.

Methodology
ANNEX 1.
List of Articles of the Association Agreement and Acquis Subject to Monitoring
The group Electricity and Nuclear Security conducts monitoring and assessment of issues relating to
electricity, nuclear energy, coal and elimination of consequences of the Chornobyl accident. Acquis
concerned:
Article 269, Chapter 11, Title IV, Directive 2009/72/EC (market-related provisions)
Article 270, Chapter 11, Title IV, Regulation (EC) 714/2009
Article 271, Chapter 11, Title IV, Regulation (EC) 714/2009
Article 273, Chapter 11, Title IV, Regulation (EC) 714/2009, Directive 2009/72/EC
Article 274, Chapter 11, Title IV, Regulation (EC) 714/2009, Directive 2009/72/EC
Article 305, Chapter 14, Title IV, Directive 2009/72/EC, Directive 2005/89/EC
Article 338, Chapter 1, Title V
Article 338, Chapter 1, Title V, Cooperation Agreements with IFIs
Article 339, Chapter 1, Title V, coal market
Article 342, Chapter 1, Title V, cooperation in the nuclear safety sector, Council Directive 2014/87/Euratom,
Council Directive 2013/59/Euratom, Council Directive 2006/117/Euratom
Article 342, Chapter 1, Title V, cooperation in the nuclear safety sector
The group Gas conducts monitoring and assessment of issues relating to gas, in particular, the
implementation of the following acquis:
Articles 338, 341, Directive 2009/73/EC (market-related provisions)
Articles 338, 341, Regulation (EC) 715/2009
Articles 338, 341, Directive 2004/67/EC + Annex XXVI (Early Warning Mechanism), Articles 275
(Unauthorised taking of energy goods), 276 (Interruption), 309 and 314 (resolution of disputes) of the
Association Agreement
Chapter 11 Trade-related energy, in particular Articles 269 (Domestic regulated prices), 270 (Prohibition of
dual pricing), 271 (Customs duties and quantitative restrictions), 272 (Transit) and 273–274 (Transport,
cooperation on infrastructure)
Annex XXVII to Chapter 1 Energy cooperation, including nuclear issues — Directive 94/22/EC + Articles 279–
280 (Access to and exercise of the activities of prospecting, exploring for and producing hydrocarbons, and
licensing conditions)
The group Energy Efficiency and Social Issues conducts monitoring and assessment of the implementation
of the following acquis:
Directive 2010/30/EU
Directive 2009/72/EC (social issues)
Articles 338, 341 of the Association Agreement
Directive 2009/73/EC (social issues)
Articles 338, 341 of the Association Agreement

Methodology
The group Environment and Renewable Energy Sources conducts monitoring and assessment of the
implementation of the following acquis:
Article 363, Directive 2011/92/EU
Article 363, Directive 2001/42/EC
Directives 85/337/EEC and 96/61/EC
Article 363, Directive 2010/75/EU
The group Oil conducts monitoring and assessment of the implementation of the following acquis:
Directive 2009/119/EC
Directive 94/22/EC
Directive 98/70/EC
Articles 274, Chapter 11 of the Association Agreement (Trade-related energy)
Article 337 of the Association Agreement
The group Business Climate conducts monitoring and assessment of the implementation of the following
acquis:
Articles 15 of the Association Agreement, Title III
Articles 22 of the Association Agreement, Title III
JUSTICE, FREEDOM AND SECURITY
Articles 29 of the Association Agreement, Title IV TRADE AND TRADE-RELATED MATTERS, Section 2
Elimination of customs duties, fees and other charges
Article 56 of the Association Agreement, Chapter 3 Technical barriers to trade
Article 88 of the Association Agreement, Section 2, Chapter 6 Establishment, trade in services and
electronic commerce
Articles 93 of the Association Agreement, Section 3 Cross-border supply of services
Articles 97–102 of the Association Agreement, Section 4 Temporary presence of natural persons for
business purposes
Articles 104–105 of the Association Agreement, Section 5 Regulatory framework, Sub-section 1 Domestic
regulation
Article 127 of the Association Agreement, Sub-section 6 Financial services
Articles 144–147 of the Association Agreement, Chapter 7 Current payments and movement of capital

Methodology
Articles 150–156 of the Association Agreement, Chapter 8 Public procurement
Directive 2014/24/EC and Directive 2014/25/EC
Articles 255–260 of the Association Agreement, Chapter 10 Competition, Section 1 Antitrust and mergers
Articles 296–271 of the Association Agreement, Chapter 11 Trade-Related energy, Directives 2003/54/EC
and 2003/55/EC
Articles 272 of the Association Agreement, Chapter 11 Trade-related energy,
Directives 2003/54/EC and 2003/55/EC
Articles 273 of the Association Agreement, Chapter 11 Trade-related energy, Directives 2003/54/EC and
2003/55/EC
Articles 275–276 of the Association Agreement, Chapter 11 Trade-related energy,
Articles 279–280 of the Association Agreement, Chapter 11 Trade-related energy,
Articles 337–342 of the Association Agreement, Title V ECONOMIC AND SECTOR COOPERATION, Chapter 1
Energy cooperation, including nuclear issues, Directives 2009/73/EC, 2009/72/EC and 2004/8/EC
Articles 378–379 of the Association Agreement, Chapter 10 Industrial and enterprise policy
Articles 381–382 of the Association Agreement, Chapter 11 Mining and metals
Articles 383–385 of the Association Agreement, Chapter 12 Financial services
Article 387 of the Association Agreement, Chapter 13 Company law, corporate governance, accounting and
auditing

Glossary
ANNEX 2.
Glossary (Short Description) of EU Acquis Subject to Implementation Monitoring
Gas
Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing
This Directive establishes common rules for the transmission, distribution, supply and storage of natural gas.
The rules established by this Directive apply to natural gas, liquefied natural gas (LNG), biogas and gas from
biomass. They aim to achieve a competitive, secure and environmentally sustainable market. This Directive
provides for compulsory functional unbinding (supply) of transmission system operators (TSO) in vertically
integrated undertakings. EU Member States must ensure that all customers are entitled to freely choose
natural gas supplier and can easily change supplier within three weeks. At the same time, Member States
may impose on suppliers selling gas to household customers obligations which may relate to security,
including security of supply, regularity, quality and price of supplies, and environmental protection, including
energy efficiency.
Regulation (EU) No. 715/2009 on conditions for access to the natural gas transmission networks and
repealing Regulation (EC) No. 1775/2005
This Regulation sets common rules for access to gas transmission systems, LNG terminals and storage
facilities taking into account the special characteristics of national and regional markets. The document
establishes the procedures of certification of transmission system operators, as well as development,
elaboration and implementation of network codes (with the participation of the European Network of
Transmission System Operators — ENTSO — for Gas). The key objective of this Regulation is to ensure that
all market participants have free and non-discriminatory access to relevant infrastructure and capacities.
Directive 2004/67/EC concerning measures to safeguard security of natural gas supply
This Directive establishes a common framework within which Member States must define general,
transparent and non-discriminatory security of supply policies compatible with the requirements of a
competitive market, and clarify the roles and responsibilities of market players (including in case of
emergency). The government must specify minimum security of supply standards to be complied with by the
market players, prepare and update national emergency measures, identify “vulnerable” customers and
ensure adequate security for them, establish cooperation with the European Commission and other
stakeholders.
Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a
Community framework for the nuclear safety of nuclear installations
The Directive establishes a European framework for maintaining and promoting consistent improvement of
nuclear safety and its regulation. It sets an ambitious safety goal across the EU in order to prevent accidents
and avoid radioactive waste from nuclear installations. The directive applies to any nuclear installation
subject to licensing.
Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers
arising from exposure to ionising radiation
The Directive establishes basic safety standards to protect the health of employees, the general public,
patients and others from the dangers of exposure to ionising radiation. The Directive applies to any planned,

Glossary
existing or emergency situation which involves a risk to ionising radiation. In particular, it applies to: the
manufacture, production, processing, handling, disposal, use, storage, holding, transport, import to and
export from the EU of radioactive material; the manufacture and operation of electrical equipment emitting
ionising radiation; human activities withnatural radiation sources that could lead to a significant increase in
the exposure of employees or the public, such as the exposure of space crew to cosmic radiation; domestic
exposure to radon gas in indoor air and external exposure to gamma radiation from building materials;
managing emergency exposure situations that require measures to protect the public and workers.
Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing
This Directive establishes common rules for the generation, transmission, distribution and supply of
electricity. It also lays down universal service obligations and the rights of electricity consumers and clarifies
competition requirements. Open internal market enables all consumers freely to choose their suppliers and
all suppliers freely to deliver to their customers (free movement of goods, the freedom of establishment and
the freedom to provide services). At the same time, this Directive sets stricter requirements to unbundling
of transmission system operators (TSO) in vertically integrated undertakings. It also contains consumer rights
provisions, reinforces and clarifies the functions and powers of regulatory authorities.
Regulation (EC) No. 714/2009 on conditions for access to the network for cross-border exchanges in
electricity and repealing Regulation (EC) No. 1228/2003
This Regulation establishes the rules for cross-border exchanges of electricity with the view to enhancing
competition and achieving harmonization within the internal market in electricity. Comparing to the previous
Regulation No. 1228/2003, this Regulation contains additional provisions on certification of transmission
system operators (TSO), introduction of network codes and publication of information by system operators.
It also clarifies that the European Network of Transmission System Operators for Electricity (the ENTSO for
Electricity) is responsible for the management of electricity transmission networks to allow trading and
supplying electricity across borders within the EU.
Directive 2005/89/EC concerning measures to safeguard security of electricity supply and infrastructure
investment
This Directive establishes measures aimed at safeguarding security of electricity supply so as to ensure the
proper functioning of the internal market for electricity, an appropriate level of interconnection between
Member States, an adequate level of generation capacity and an adequate balance between supply and
demand. It establishes a framework within which Member States are to define general transparent and non-
discriminatory policies on security of electricity supply compatible with the requirements of a competitive
market for electricity. They must define and publish roles and responsibilities of competent authorities and
all relevant market actors. In implementing these measures, Member States are supposed to guarantee
continuity of electricity supplies, explore possibilities for cross-border cooperation in relation to security of
electricity supply, reduce the long-term effects of the growth of electricity demand, ensure diversity in
electricity generation, encourage energy efficiency and the adoption of new technologies, ensure regular
renewal of networks.
Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and
spent fuel
This Directive authorizes transboundary shipments of spent fuel between Member States for processing,
requires prior authorization for transboundary shipments of radioactive waste and spent fuel where such
fuel is moved from, through the territory of or to a Member State. This Directive also requires return of
radioactive waste to its country of origin.

Glossary
Directive 2010/30/EU on the indication by labelling and standard product information of the consumption
of energy and other resources by energy-related products
This Directive regulates labelling of energy-related products and provision of information to consumers
relating to their consumption of electric energy. It applies to products which have a direct or indirect impact
on the consumption of energy and on other resources during use. Suppliers placing products on the market
must ensure that such products are labelled with the information about their consumption of energy and
other resources. Suppliers must also produce technical documentation to include: a general description of
the product; the results of design calculations carried out; test reports; the references allowing identification
of similar models. The technical documentation must be available for inspection purposes for a period ending
five years. Suppliers must provide the labels and product-related information free of charge to dealers, and
the latter must display labels properly, in a visible and legible manner.
Directive 2010/31/EU on the energy performance of buildings
This Directive promotes the improvement of the energy performance of buildings within the Union, taking
into account outdoor climatic and local conditions. It lays down minimum requirements, common general
framework for a methodology and covers energy used for heating, hot water, cooling, ventilation and
lighting. National authorities must establish reasonable minimum requirements to energy efficiency to be
reviewed every five years. They also establish a system of certification of the energy efficiency. Such
certificates provide information to prospective buyers or tenants on the energy performance of buildings,
and advice on enhancing it.
Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and
repealing Directives 2004/8/EC and 2006/32/EC
This Directive establishes a common framework of measures for the promotion of energy efficiency within
the Union in order to ensure the achievement of the Union’s 2020 20% headline target on energy efficiency.
Such measures include:
• annual 1.5% energy savings resulting from implementing energy efficiency measures by distribution
network operators and suppliers;
• enhancing energy performance of heating systems, installation of double-glazed windows and roof
insulation;
• purchase of buildings, products and services with high energy-efficiency performance by public bodies;
• annual energy modernization of at least 3% of the total floor area of buildings owned and occupied by
public bodies;
• expanding rights and possibilities of consumers in the area of energy management which includes easy
and free access to the metering data on the actual consumption;
• national incentives for small and medium-sized enterprises to conduct energy audit that should be
mandatory for all large enterprises;
• monitoring of the energy performance of new energy generating capacities.
Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the
environment (codification)
This Directive introduces an important instrument of the environmental policy — environmental impact
assessment. Member States must ensure, first of all, that projects likely to have significant effects on the
environment (by virtue, inter alia, of their nature, size or location) are made subject to a requirement for
development consent and an assessment with regard to their effects. This Directive contains two lists of
projects subject to environmental impact assessment (from nuclear power stations, gas pipelines, etc., to

Glossary
large pig farms). An important element is stricter publicity requirements, including to the public participation
in the environmental impact assessment.
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the
environment
This Directive introduces an important instrument of environmental policy — strategic environmental
assessment. An environmental assessment must be carried out of certain plans and programmes during their
preparation. Such assessment includes preparation of the environmental report (that must contain detail
information on the likely significant environmental effects and reasonable alternatives) and consultations
with the relevant authorities and the public. Where a transboundary effect is possible, an assessment and
consultations in a transboundary context must be carried out.
Directive 2003/4/EC on public access to environmental information and repealing Council Directive
90/313/EEC
This Directive implements the provisions of the Aarhus Conventions relating to public access to
environmental information. It aims to guarantee public access to environmental information owned by public
authorities — both upon request and through active dissemination thereof. Environmental information must
be made available to an applicant within one month after the receipt by the public authority of the applicant’s
request. A request for environmental information may be refused if the request is manifestly unreasonable,
or formulated in too general a manner, concerns an unfinished document or internal communications.
Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and
programmes relating to the environment and amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC
This Directive addresses the implementation of the Aarhus Convention in respect of public participation and
access to justice. It sets the requirements to the introduction of mechanisms of informing the public, holding
consultations with the public and taking account of comments and proposals of the public in decision-making.
Member States must ensure that the public is given early and effective opportunities to participate in the
preparation and modification or review of the plans or programmes required to be drawn up under the
provisions listed in Annex I of the Directive.
Directive 2008/50/EC on ambient air quality and cleaner air for Europe
This Directive establishes ambient air quality and ambient air quality management standards. For this
purpose, it establishes upper and lower assessment thresholds, target and threshold values, sets objectives
for the reduction of the effect of particulate matters, defines and classifies zones and agglomerations,
introduces the systems of informing the public and ambient air quality assessment with respect to various
pollutants. Where, in a given zone or agglomeration, there is a risk that the levels of pollutants will exceed
the alert thresholds, short-term action plans must be drawn up.
Directive 1999/32/ЕС relating to a reduction in the sulphur content of certain liquid fuels and amending
Directive 93/12/EEC, as amended by the Regulation (EC) No. 1882/2003 and Directive 2005/33/EC
The purpose of this Directive is to reduce the emissions of sulphur dioxide resulting from the combustion of
certain types of liquid fuels and thereby to reduce the harmful effects of such emissions on man and the
environment. It sets the maximum sulphur content in heavy fuel oil, gas oil and marine gas oils. It also
specifies methods of sampling and analysis of sulphur content in fuel to check compliance with the
requirements.
Directive 2009/147/EC on the conservation of wild birds (Article 4.2)

Glossary
This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the
European territory of the Member States. The mechanism of conservation of wild birds provides for the
protection of their habitats; protection and use of birds; prevention of harm that can be caused by invasive
species; research and reporting. According to Article 4.2, special protection areas need to be established
based on ornitological criteria. Special measures also need to be taken to protect migratory species naturally
occurring in the territory of a particular state, especially in wetlands.
Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)
This Directive lays down rules on integrated prevention and control of pollution arising from industrial
activities. It requires using the integrated approach to activities referred to in Annex I thereto. All installations
covered by this Directive must prevent or reduce pollution due to using best available techniques, efficient
energy use, prevention and control of emissions. Transparency of the integrated approach is ensured by the
public participation.
Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and 2003/30/EC
This Directive provides for setting mandatory national targets for the overall share of energy from renewable
sources in the overall energy balance to take account of statistics and potential of each particular country.
These targets include the achievement of a 20% share of energy from renewable sources in overall Energy
Community energy consumption by 2020 and a 10% target to be achieved for the share of RES in the
transport sector. This Directive, among other, establishes rules for joint green energy projects between
Member States and third countries and access to the grid-system of electricity produced from renewable
energy sources.
Oil
Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil
and/or petroleum products
This Directive lays down rules aimed at ensuring a high level of security of oil supply in the Community
through reliable and transparent mechanisms based on solidarity amongst Member States. It provides for
the adoption of such laws, regulations or administrative provisions as may be appropriate in order to ensure
that the total oil stocks maintained at all times within the Community for their benefit correspond, at the
very least, to 90 days of average daily net imports or 61 days of average daily inland consumption, whichever
of the two quantities is greater.
Directive 98/70/EC relating to the quality of petrol and diesel fuels
The EU introduced rules prohibiting leaded petrol and limiting the permitted sulphur content in diesel fuel
with the view to improving air quality and reducing greenhouse gas emissions. This Directive sets technical
specifications applicable to petrol, diesel fuels and biofuels used in vehicles, as well as to gas oils used in non-
road mobile machinery. Apart from the prohibition of marketing leaded petrol, Member States must conduct
assessment of national consumption of fuel, adopt laws and identify the authorized body (bodies) to
introduce the fuel quality monitoring system.
Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage
of petrol and its distribution from terminals to service stations, as amended by Regulation
No. 1882/2003 107
This Directive provides for the registration of all terminals used for storage, loading and unloading of oil
products, installation of technical means allowing reduction of VOC emissions from mobile containers with
107
The official translation has a lot of mistakes resulting from inaccurate translation

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