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Черговий крок до спрощення процедури приєднання до електричних мереж в Україні (англійською мовою)

Yet another step towards simplification of grid connection procedures in Ukraine was recently made

Following our newsletter in the part related to the Draft Law No. 5009, this is to confirm formalizing thereof by the Parliament and President of Ukraine, and to provide brief overview for attention of stakeholders.

On August 20th, 2021, the Law of Ukraine No. 1657 “On Introduction of Amendments to Certain Legislative Acts in relation to Simplification of Grid Connection Procedures” (Law) was put into force.

Below is unexhaustive list of key provisions relevant for energy projects investors and developers:

Allotment of lands

Procedures for allotment of lands and establishment of land servitudes are elaborated, coupled with introduction of certain deregulatory features, i.a.:

- land use restrictions, including red lines, do not affect forming of the land plot for the purposes of maintenance of immovable property located thereon;

- land servitude within a territory where land plot is not formed, may be established with forming corresponding land plot within margins of contemplated servitude;

- land servitude is transferred along with a linear energy infrastructure object, in relation to which such servitude was established.

Standard form of Servitude Agreement for construction of energy infrastructure objects is to be adopted by the Government not later than on October 19th, 2021

Validity of Technical Conditions for Grid Connection of RES projects with pre-PPAs

Technical Conditions for Grid Connection of RES (except for solar projects) projects, in relation to which pre-PPAs were executed prior to December 31st, 2019, remain valid until December 31st, 2022

Energy objects design and construction issues. “One-stop-shop”

It is now clearly stated that project documentation and amendments thereof do not require any approvals other than those directly provided in the Law of Ukraine “On Regulation of City Planning Activity”. Thus, rejection of application for provision of relevant administrative services based on stated absence of any additional approval (i.a. decisions of architectural and construction councils) is not allowed.

Communication (including filing of applications and requests) between customers, developers, designers and Distribution Systems Operators (DSO), as well as obtainment of relevant information and initial design data, project documentation approval, shall be made through the Unified State Informational Web-site “One-Stop Shop for Developers and Designers of Project Documentation”, which is to operate within the Unified State Electronic System for the Construction Sector – corresponding provisions of the Law will enter into force on February 19th, 2022

Certain matters of Grid Connection procedure

DSOs and Transmission System Operator (TSO) are allowed not to connect an object to the grid only based on grounds listed in the Law of Ukraine “On Electricity Market”.

Leaving by DSOs and TSO of applications for grid connection undecided is not allowed irrespectively of grounds for corresponding decisions thereof.

Liability of information keepers and approving bodies

Failure of competent officials of DSOs and/or TSO, and/or other concerned parties to timely and properly provide information required for design and (re-)construction of electrical networks for external power supply, as well as failure thereof to approve relevant project documentation regarding electrical networks for linear part of grid connection shall result in holding them liable in accordance to the law.

It is recommended to familiarize with the above in conjunction with previous legislative amendments referred to in our newsletter. Feel free to contact us for more details on the matters at hand