The Law № 810-IX “On Amendments to Certain Laws of Ukraine on Improving the Conditions for Promoting Electricity Generation from Renewable Energy Sources” legitimated the provisions of the Memorandum of Understanding on the Settlement of Problematic Issues in the Renewable Energy Sector.
In general, UABIO supports the signing of the Memorandum and the adopted law, but certain provisions will negatively affect the development of bioenergy. Regarding the negative consequences of such Law, the Bioenergy Association of Ukraine addressed the Chairman of the Energy, Housing and Communal Services Committee Verkhovna Rada of Ukraine Andriy Gerus.
Full text of UABIO’s letter № 497 on repealing paragraph 3 of the Final and Transitional Provisions of Law № 810-IX as restricting the rights of electricity producers from biomass / biogas compared to other producers of electricity from alternative energy sources (in Ukrainian).
What is exactly need to change?
Paragraph 3 of the Final and Transitional Provisions of the Law stipulates that the green tariff for economic entities that produce or intend to produce electricity from biomass and / or biogas at electricity facilities is set exclusively for electricity, produced by facilities put into operation by such entities before January 1, 2023. Thus, if a biomass / biogas facility is commissioned on or after 1 January 2023, the operator will not be entitled to a green tariff.
Certain provisions of Law № 810-IX restrict the rights of electricity producers from biomass / biogas.UABIO
This provision is in conflict with other norms, in particular Part 2 of Article 9-1 of the Law of Ukraine “On Alternative Energy Sources”, which stipulates that electricity facilities on biomass / biogas put into operation before and after January 1, 2020 , have the right to receive a green tariff, despite the possibility of voluntary participation in auctions.
Position of the UABIO is prepared, discussed and agreed upon by the members of the UABIO, which produce more than 50% of all energy from biomass and biogas in Ukraine.