The Secretariat has initiated an assessment of the legal framework and de facto performance of the Ukrainian national regulatory authority, NEURC, upon the regulator’s invitation. The review comes in the context of a number of alleged legal and factual shortcomings hindering NEURC to use its independence and competences granted by the legislation fully.
Before legal reforms undertaken in late 2016, NEURC was exposed to severe de iure and de facto shortcomings with respect to Energy Community standards for regulatory independence. Support by the Secretariat ensured lifting the legal framework for the regulator’s operation to the highest standards in terms of independence and competences. However, compliance with the Third Energy Package enshrined in Energy Community law must materialise beyond mere legal texts. The Secretariat’s review will therefore also analyse NEURC’s performance as a regulatory institution.
At the same time, the assessment will critically review the broader legal framework of Ukraine with a view to spot potential limitations for NEURC to use its independence and competences fully. The audit will build on cooperation with NEURC as well as Ukrainian and international stakeholders.
The Secretariat performed similar reviews for the national regulatory authorities of Moldova, Montenegro and Serbia and will initiate assessments for the remaining regulators in the course of 2017.