Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
In 2024, the Ukrainian regulation of the energy market will undergo changes aimed at improving the legal framework and bringing it up to European standards. Especially the adoption of Resolution 178 of the NCRECP on January 24, 2024. This innovation contributes to increasing the flexibility and stability of the energy market, creating attractive conditions for investors and stimulating the development of green energy in Ukraine.
Experts of the Ukrainian industry group BDO "Natural Resources and Energy" analyzed the main differences between the 2019 and 2024 resolutions of the NCRECP:
1. Delete the words "and at the auction price" and add "use the market premium mechanism to purchase services".
2. The standard agreement for the purchase and sale of electricity at "green" prices for electricity has been updated, and the new agreement provides for a standard agreement on the provision of services to ensure an increase in the share of alternative electricity generation. Version.
3. The standard agreement on the market premium mechanism and the inclusion of RES electricity producers in the balancing group was approved.
4. Resolutions 2803 and 2804 of the NCRECP have become invalid.
5. Revised market rules and conditions of guaranteed activity of buyers.
On March 27, 2024, the State Energy Regulation of Ukraine approved the "Requirements for ensuring integrity and transparency in the wholesale market of energy resources", which were formulated in accordance with the requirements "Amending the Law of Ukraine "On the Prohibition of Certain Laws". ". Abuse in the wholesale energy market" No. 3141-IX dated June 10, 2023, which transposed EU Regulation No. 1227/2011 on integrity and transparency of the wholesale energy market (REMIT) into Ukrainian legislation.
This file defines:
• List of actions that may constitute manipulation or attempted manipulation of wholesale energy markets;
• restrictions on the processing of internal information on wholesale energy markets;
• Requirements for publication (disclosure) of internal information;
• Requirements for persons professionally engaged in the organization of wholesale transactions with energy products;
• Signals that may indicate signs of abuse in the wholesale markets of energy resources;
• Regulations on cooperation between NKREKP and the Council of Regulators of the Energy Community.
Before approving these requirements, we held open and transparent discussions about his projects with all stakeholders, including participants in the gas and electricity markets. The document was also approved by the Antimonopoly Commission of Ukraine.
In addition, with the aim of collecting opinions and proposals, on May 8, 2024, the NCRECP published a draft of the improvement of licensing conditions for electricity and gas markets provided for by REMIT. It provides for the inclusion of requirements for licensing conditions in the provisions of the Law of Ukraine "On Amendments to Certain Laws of Ukraine on Prevention of Abuse in the Wholesale Market of Energy Resources", in particular, establishes the following requirements for licensees:
• after registration as a participant of the wholesale market of energy carriers, carry out transactions in the wholesale trade of energy carriers;
• Implement and maintain effective mechanisms, measures and procedures to support the integrity and transparency of wholesale energy markets;
• To provide the National Energy Regulatory Commission through the Data Transfer Administrator and/or independently (in case the Licensee acquires the status of Data Transfer Administrator) information on economic and trade operations in the wholesale trade of energy products on the wholesale market of energy carriers, including prices (applications) and basic (basic) data.
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