Legislative changes needed to stimulate wind energy were presented in Kyiv

On October 10, 2024, the Embassy of the Kingdom of the Netherlands in Ukraine hosted the official presentation of the Report “Legislative Changes to Stimulate the Development of the Wind Energy Sector in Ukraine”, which was developed by the Ukrainian Wind Energy Association.

According to the UWEA, the report was prepared as part of a special project aimed at analyzing gaps in the current legislation and proposing comprehensive changes to ensure the effective development of wind energy in Ukraine. The proposed legislative changes cover environmental, construction, land, technical, and other aspects of wind energy project development in Ukraine.

The project was implemented with the financial support of the Netherlands Business Agency of the Ministry of Economic Affairs and Climate Policy of the Netherlands (RVO) with the participation of leading energy law firms, namely LCF Law Group, Asters, INTEGRITES, Dentons Kyiv Office, Arzinger, and DTEK Renewables – DTEK Renewables. All of these companies are members of the UWEA.

“In close communication and interaction with real market participants, and with the support of our Dutch partners, we have developed this Report, expecting that the proposed changes to the sectoral regulatory framework will facilitate and accelerate the development of wind energy projects in Ukraine, create a transparent, competitive and most importantly, a predictable market environment, achieving the renewable energy development goals set out in the National Renewable Energy Action Plan until 2030, and, ultimately, protecting and attracting private investment in Ukraine,” said Andriy Konechenkov, Chairman of the UWEA Board and moderator of the event.

“The Netherlands has a special attitude to wind energy. It is very important for our citizens,” said Brem Romijn, Energy and Climate Attaché at the Embassy of the Kingdom of the Netherlands in Ukraine, “We believe that, under the current conditions of martial law, wind energy is a real solution for Ukraine; it is a diversification and decentralization of its energy system. We see that the Ukrainian government also has this position, so we are happy to contribute to the development of this sector. Improvement of the relevant legal framework is something that is critically important for investors now.”

Yuriy Shafarenko, Deputy Head of the Main Department of the Directorate for Economic Policy of the Office of the President of Ukraine, assured in his speech: “We at the Office of the President of Ukraine have also studied the Report and conceptually support the implementation of the legislative changes proposed in it. Today, wind energy plays a key role for Ukraine, especially in the autumn and winter, and therefore it is necessary to create the maximum possible incentives for the further development of this sector in Ukraine.”

During the second part of the event, the authors of the Report shared the key findings and recommendations developed based on the results of the analysis.

The first speaker was Olena Sichkovska-Chornobyl, energy lawyer at UWEA and the German company Notus Energy, who also took on the role of project manager. In her speech, Ms. Sichkovska outlined the goal, objectives and results of the project and drew the guests’ attention to the issues covered by the Report, its structure and research methodology.

Anzhelika Livitska, Partner at ARZINGER, presented proposals for legislative changes in the field of EIA and SEA.

Serhiy Datsiv, Senior Associate at INTEGRITES, in turn, outlined recommendations on the possibility of changing the designated purpose of land without conducting an EIA and on the approval of the amount of damages to be reimbursed.

Viktoriya Demydenko, Counsel at Asters, presented proposals for the location, construction and maintenance of access roads, as well as obtaining the so-called association approval. Following Ms. Demydenko’s presentation, the second Asters representative at the event, Marta Galabala, Counsel, covered the part of the Report devoted to the distribution of cross-border crossings for renewable energy and electricity exports.

One of the most voluminous parts of the Report, dedicated to the extension of the validity of permits, in particular, technical conditions for connection to the grid, the possibility of booking capacity, was presented by Ivan Bondarchuk, partner at LCF. Additionally, Sergiy Chaus, Manager of the Engineering Department at DTEK Renewables, also shared his experience on this issue, emphasizing the need to change the outdated methodology for calculating the power system’s operating modes.

Finally, Maksym Sysoiev, Partner at Dentons, explained in more detail what the authors of the Report propose in terms of the operation of energy storage facilities and the introduction of cable pooling technology, i.e. the possibility of using one point of connection to the grid for installations of different types of RES.

The UWEA would like to thank all those involved in the development of this Report for their sincere desire to improve the Ukrainian wind energy market and make it more attractive to international investors and financial institutions.