Ukraine is fulfilling its obligations under the Energy Community and is gradually aligning its legislation with EU standards. One of the key stages of this process is the implementation of the RED II/RED III Directive, which establishes modern rules for the development of renewable energy in Europe.
The core legal act in this area is Directive (EU) 2018/2001 (RED II), updated in 2023 (RED III). In accordance with the decisions of the Energy Community, its provisions must be implemented by all Contracting Parties. For Ukraine, this is also part of fulfilling the obligations under Chapter 15 “Energy” within the EU accession negotiation process.
In addition, the RED framework is complemented by a number of European Commission acts that must also be implemented in the context of accession negotiations, including: Commission Delegated Regulation (EU) 2021/2003; Commission Delegated Regulation (EU) 2019/807; Commission Delegated Regulation (EU) 2023/1184; Commission Delegated Regulation (EU) 2023/1185; Commission Regulation (EU) No 1307/2014; Commission Implementing Regulation (EU) 2022/996; Commission Delegated Regulation (EU) 2023/1640; and Commission Delegated Regulation (EU) 2022/342.
Why this matters
Ukraine has undertaken commitments to harmonize the rules for RES development, support schemes, permitting procedures, and guarantees of origin with European standards. This is necessary to:
- comply with the requirements of the Energy Community and the EU–Ukraine Association Agreement;
- meet Indicator 10.3 of the Ukraine Plan under the Ukraine Facility;
- implement Government Action Plans, the Verkhovna Rada’s legislative agenda for 2024–2026, and the National Renewable Energy Action Plan;
- ensure transparent rules for investment in renewable energy;
- integrate Ukraine’s electricity market into the European market.
Current state of implementation
According to the Energy Community’s 2024 assessment, the level of implementation of RES legislation stands at 61%, including:
- 85% — setting targets for 2030;
- 62% — quality of support schemes;
- 75% — support for active consumers and energy communities;
- 70% — implementation of guarantees of origin;
- 15% — sustainability criteria for biofuels, bioliquids, and biomass fuels;
- 50% — development of RES in heating and cooling systems.
What the draft law provides for
The Ministry of Energy has developed Draft Law No. 14271 “On Amendments to Certain Laws of Ukraine Regarding the Implementation of European Union Legislation in the Field of Renewable Energy Sources,” which transposes the key provisions of RED II/RED III and the relevant EU regulations. In particular, the draft law provides for:
- Alignment of RES terminology with EU standards
The draft introduces modern European terminology related to support schemes, renewable energy communities, biofuels, bioliquids and biomass fuels, cooling energy, heat pumps, and related concepts.
- Methodology for calculating gross final energy consumption from RES and setting the national target
It defines the methodology for calculating the RES share in accordance with the Directive across the electricity, heating, transport, industry, and buildings sectors, as well as special methodologies for hydropower and wind power plants, cooling, production of renewable fuels of non-biological origin, and assessment of their emissions.
- Definition of renewable energy communities and their specific features
The establishment of RES communities is envisaged—entities that can generate, consume, sell, and store energy from renewable sources. The draft law provides them with the right to receive support through auction mechanisms.
- Statistical transfers between states
A mechanism for statistical transfers between states is introduced, enabling EU Member States and Ukraine to transfer statistical values of energy produced from renewable sources.
- Joint projects and joint support schemes
The draft envisages the possibility of implementing joint RES projects and joint support schemes with EU countries or Energy Community Contracting Parties, with transparent mechanisms for accounting for generated energy and reporting.
- Designation of special zones for accelerated development of RES, energy storage installations, and grid infrastructure
The creation of designated areas for the development of RES, energy storage facilities, and grid infrastructure, including accelerated RES development zones. Priority is given to artificial and built-up areas (rooftops, parking areas, industrial zones), former mining sites, and similar locations.
- Implementation of key permitting principles
General deadlines for issuing permits are established: no more than 12 months for projects located in accelerated RES development zones; no more than 24 months for RES projects outside such zones; and no more than 3 months for solar PV projects regardless of location. Permitting procedures are based on a “one-stop-shop” principle, with the designation of a contact authority to support investors.
Environmental impact assessments within accelerated RES development zones are carried out in accordance with existing legislation.
- Publication of data on the RES share and greenhouse gas emissions
Grid operators are obliged to publish data on the RES share in electricity generation and greenhouse gas emissions associated with electricity.
- Training and qualification of specialists
The draft defines specific requirements for confirming the qualifications of specialists involved in the installation and design of district heating systems, solar photovoltaic systems, energy storage installations, and charging stations.
- Sustainability criteria and emissions reductions for biofuels and biomass
Sustainability criteria are extended from liquid biofuels and biogas to all biofuels, bioliquids, and biomass fuels. The draft also establishes procedures for verifying compliance with these criteria and requirements for land assessment in line with EU regulations.
Implementation of EU legislation in the field of renewable energy sources will ensure Ukraine’s compliance with its obligations under the Treaty establishing the Energy Community and the EU–Ukraine Association Agreement, harmonize Ukrainian legislation with modern EU RES standards, and create conditions for the further development of renewable energy. It is also a prerequisite for implementing EU rules under Chapter 15 “Energy” of the EU accession negotiations and for fulfilling the Ukraine Plan.
