Secretariat rejects certification of Ukrenergo under the Third Energy Package

Today, the Energy Community Secretariat published its Opinion on the Ukrainian regulator’s draft certification decision on Ukrenergo, the Ukrainian electricity system operator. In its Opinion, the Secretariat takes the view that Ukrenergo does not own the electricity transmission assets as required by Article 9(1) of the Electricity Directive, and does not enjoy and exercise rights over them equivalent to an owner. Compliance with Article 9(1)(a) of the Electricity Directive is a fundamental prerequisite for certification. Therefore, the TSO cannot be certified under the ownership unbundling model.

NEURC is to adopt a final certification decision within two months, taking utmost account of the Opinion of the Secretariat.