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A.Rozhko, H.Wiesmeth: Framework conditions for using renewable energy sources:
Quo Vadis, Ukraine?

Energy Community makes access to international credit lines less difficult and allows Ukraine to

receive technical assistance for the transformation of the distribution network. This is a very
important aspect for Ukraine, since the entire network system dates back to USSR years.

Membership in the European Energy Community requires the takeover by Ukraine of the
following guidelines in the realm of renewable energy:

1. 2009/28/EG requires the preparation of Ukraine’s National Action Plan. This plan
includes the strategic objectives for 2020 regarding the implementation of renewable energy

sources with special attention to biomass, and measures to increase energy efficiency [Directive
2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy from renewable
sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC:
see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=Oj: L:2009: 140:0016: 0062:en: PDF].
2. 2001/77/EG requires measures by the operators of electricity networks in Ukraine to
secure the transmission and distribution of electricity from renewable energy sources. Ukraine

should also offer priority access to the grid for electricity from renewable energy sources [Directive
2001/77/EC of the European Parliament and the Council of 27 September 2001 on the promotion of electricity produced from
renewable energy sources in the internal electricity market:
see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:283:0033:0040:EN:PDF].
3. 2003/30/EG requires that a minimum proportion of biofuels and other renewable energy

sources in Ukraine should be placed on the markets [Directive 2003/30/EC of the European Parliament and the
Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport: see http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:123:0042:0046:EN:PDF].
The abovementioned guidelines should have been transformed into national laws of
st
Ukraine by August 31 , 2011. Obviously this process has not yet been completed. Public
discussions were held regarding this topic, but at this point a roadmap with specific

implementation instruments is required. It is therefore not surprising that the implementation
process is evaluated by experts as unsatisfactory because there is a lack of harmonization of the

legislation standards of Ukraine according to the guidelines of the Energy Community.

The following assessment of the legal framework for the electricity providers, particularly
regarding the use of renewable energy sources shows that several serious inconsistencies still

remain – with corresponding adverse effects for the intended fast transition to energy generation

from renewable energy sources.
2.3. Legal Framework for Renewable Energy Sources in Ukraine

The essential conditions for the use of renewable energy sources in Ukraine are currently

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