On 17 March 2023, Ukrainian President Volodymyr Zelenskyy signed Law No. 2956-IX “On Particular Issues of Vehicles with Electric Engines Use and Amendments to Specific Legislative Acts of Ukraine on Overcoming Fuel Dependence and Development of Electric Charging Infrastructure and Electric Vehicles”.
The law, which went into effect on 23 March 2023, streamlines the regulations governing the establishment of electric vehicle charging stations and the rules for allocation of land plots and simplifies the construction and grid connection of such stations.
Additionally, Ukraine has approximated terminology, rules and zero emissions goals with EU legal documents, namely EU Directive 2009/33/EU dated 23 April 2009 “On the Promotion of Clean and Energy-Efficient Road Transport Vehicles” and EU Directive 2014/94/EU dated 22 October 2014 “On the Deployment of Alternative Fuels Infrastructure”.
Land allocation and construction
Under the law, the installation of EV charging stations and laying of cable lines for stations fall into exceptions to the general procedure of land allocation in Ukraine and can be carried out on the land plot of any category and designated purpose.
Furthermore, the construction of EV charging stations does not require the acquisition of rights to the land plot but rather only the approval of the landowner or land user is necessary. In the absence, however, of a land user of the state or municipal land plot, a permit from local state or municipal authorities should be obtained.
It is also permissible for Distribution System Operators (DSOs) and transmission system operators (TSOs) or third parties under agreements with DSOs or TSOs to lay 150 kW cable lines 0.5 meters below the soil surface without an allocated land plot, provided that a permit has been obtained from the local authorities.
Additionally, when new residential complexes are constructed, at least half of all parking spots must include parking spaces for EV charging stations, and these figures must be stated in the project designs for these complexes.
Grid connection of EV charging stations
If an employer requests it, the DSO can – as a "turnkey" service – connect EV charging stations to electricity grids for connections not falling under the criteria of a standard connection. When providing a service, the DSO is responsible for the following:
- Producing a drawing of the project design of external grids;
- Coordinating its approval;
- Allocating land;
- Constructing or erecting works; and
- Making the initial connection of the property to the grids.
The Law prescribes some simplifications to bolster the location of stations nearby and inside residential and other buildings. Specifically, in these cases connection can be performed within the limits of the current power consumption at the voltage of the power receivers available in the building. Certain conditions, however, must be met in order to carry out such a connection, including the EV charging stations must consume the corresponding electricity volume during the relevant period of the day, and the stations owner must pay to equip the facility with devices that make automatic regulation and limitation of electricity consumption possible.
Moreover, the Law governs compensation terms for the grid connection of charging stations. If the stations connection to DSO’s or TSO’s grids is completed by 1 January 2025, payments for booked capacity might be compensated, provided that the costs for compensation are included in the relevant DSO's or TSO's tariff for electricity distribution or transmission. If the TSO funds, however, are not sufficient for compensation at the time of applying, the TSO must include funds for the required compensation in the tariff for the following year.
Public transport
The Law states that beginning on 1 January 2036, local buses and regular passenger transportation in cities of regional and district significance can be carried out only using buses equipped with spark ignition engines working on compressed natural gas (CNG) or natural gas methane (CH4); liquified natural gas (LNG) or biogas; and/or hydrogen fuel cells. T
he law also restricts local procurement of public transport with the usage of fossil fuels. Specifically, local councils are prohibited from:
- procuring for cities with more than 250,000 residents public transport that runs on fossil fuels for more than 50% out of all public transport except for buses equipped with spark ignition engines that run on CNG or CH4, LNG or biogas as well as hydrogen fuel cell – from 1 January 2028; and
- procuring for cities with more or less than 250,000 residents public transport that runs on fossil fuels save for the exceptions listed in the item above – from 1 January 2030.
Thus, the law is aimed at encouraging the spread of electric vehicles in Ukraine, as well as bringing Ukrainian legislation closer to EU legal standards of zero emission goals.
For more information on environmental regulations in Ukraine and Ukrainian efforts to align with EU standards, contact your CMS client partner or these CMS experts: Natalia Kushniruk and Maria Orlyk
Legislation:
Law No. 2956-IX “On Electric Vehicles and Electric Charging Infrastructure”
EU Directive 2009/33/EU “On the Promotion of Clean and Energy-efficient Road Transport Vehicles”
EU Directive 2014/94/EU “On the Deployment of Alternative Fuels Infrastructure”
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