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About planned changes in legislation in the field of the use of renewable energy sources.

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About planned changes in legislation in the field of the use of renewable energy sources.

A draft Decree of the President of the Republic of Belarus “On Renewable Energy Sources” has been submitted to the Presidential Administration of the Republic of Belarus for consideration in the prescribed manner. The Ministry of Energy in November 2018, along with the draft Decree, on the basis of the package principle, introduced to the Government and the draft resolution of the Council of Ministers of the Republic of Belarus “On Amending and Adding to Some Decisions of the Council of Ministers of the Republic of Belarus” prepared for its development.

The draft Decree and Decree are aimed at improving the state policy in the field of the use of renewable energy sources (RES), increasing the efficiency of their use, reducing the financial burden on consumers, wider use of effective technologies and maintaining the attractiveness of investments in this area.

The main norms of the Decree of the President of the Republic of Belarus dated May 18, 2015 No. 209 “On the Development of Renewable Energy Sources” are retained in the new draft Decree.

During the implementation of the proposed draft Decree, the Government will take measures to further optimize the cost of electricity generated using renewable energy and purchased by state energy supply organizations, as well as to ensure equal competitive conditions in the electricity sector.

The proposals contained in the new draft Decree provide for: the

creation of new, modernization, reconstruction of existing RES installations within the quotas allocated after March 1, 2019, using only new equipment and the application of incentive factors to the tariff for these installations.

The use of new equipment is stipulated by the requirement of Article 6 of the Law of the Republic of Belarus of December 27, 2010 “On Renewable Energy Sources” on the promotion of the creation and application of effective technologies and the production of installations for the use of renewable energy sources.

At the same time, the requirement to use new equipment will not apply to renewable energy installations, the creation of which is carried out outside of quotas - solely for the purpose of providing energy for their business activities, as well as on the basis of investment agreements concluded before the official publication of Decree No. 209 (until May 20, 2015) .

Electricity will be purchased from renewable energy plants, the construction of which was carried out on the basis of quotas distributed after March 1, 2019, using incentive factors to the tariff;

supplementing the powers of the Government of the Republic of Belarus in this area with the possibility of withdrawing distributed quotas for the creation of renewable energy installations.

The progress in the creation of renewable energy installations within the framework of distributed quotas shows that individual business entities did not provide for the commissioning of the plants on the date specified when submitting applications.

As of January 1, 2018, 17 business entities that were allocated quotas for the creation of renewable energy plants in the prescribed manner did not ensure the commissioning of facilities in the declared time period (7 entities did not create renewable energy plants in 2016 with a total electric capacity of 16.4 MW, 10 entities - in 2017 with a capacity of 22.2 MW). Failure to meet the deadlines for commissioning renewable energy installations negatively affects the production (extraction) of primary energy from renewable energy sources and, therefore, the implementation of the corresponding indicator of the Energy Security Concept.

With the adoption of the new Decree, appropriate changes will be made to the Resolution of the Council of Ministers of the Republic of Belarus dated August 6, 2015 No. 662 "On the establishment and distribution of quotas for the creation of installations for the use of renewable energy sources";

regime interaction of renewable energy owners with energy supplying organizations and involvement in the regulation of the daily schedule for covering the electric load of the Belarusian energy system of renewable energy installations created within quotas distributed after March 1, 2019.

With the commissioning of the Byelorussian nuclear power plant, which works with the delivery of electricity on an even schedule, significant amounts of electricity supplied from renewable energy plants require their consideration in daily regulation.

In conditions of NPP integration, the operation of plants using renewable energy sources significantly affects the operating modes of the power system, which in turn requires the introduction of additional regime and technical measures at the power sources of Belenergo.

The new draft Decree provides: the

obligation of legal entities and individual entrepreneurs operating renewable energy installations with an electric capacity of 1 MW or more, to submit hourly schedules of the volumes of electricity generation by these plants for the coming day and its supply to the electric network of this organization to the state energy supplying organization;

involvement in the regulation of the daily schedule for covering the electric load of the Belarusian energy system of renewable energy installations with an electric capacity of 1 MW or more of legal entities and individual entrepreneurs created within quotas distributed after March 1, 2019. The

procedure for supplying electricity from renewable energy installations to the energy system will be specified in the Electricity Supply Rules (approved by the Decree of the Council of Ministers of the Republic of Belarus of October 17, 2011 No. 1394), and the corresponding changes regarding the establishment, p the allocation, release and withdrawal of quotas for the creation of renewable energy installations will be included in the Resolution of the Council of Ministers of the Republic of Belarus dated August 6, 2015 No. 662;

the possibility of transferring electricity from renewable energy facilities through the networks of state-owned energy supplying organizations in the manner determined by the Government of the Republic of Belarus.

The Law of the Republic of Belarus “On Renewable Energy Sources” does not provide for the transmission of electricity by renewable energy owners by state energy networks. Only the purchase by the state energy supplying organizations of all the proposed electricity generated by renewable energy plants operated in accordance with the mandatory requirements established by technical regulatory legal acts is provided for.

The proposed norm will make it possible to consolidate the possibility of transferring electricity by owners of renewable energy installations through the networks of state energy supplying organizations from renewable energy installations in the manner determined by the Government of the Republic of Belarus. This procedure is provided for in the Electricity Supply Rules;

if the deadlines for the creation of renewable energy plants stipulated by the investment agreements at their initial conclusion (before the adoption of Decree No. 209) are exceeded, with the exception of the plants put into operation before March 1, 2019, the purchase of electricity is envisaged from the date of commissioning of these plants using increasing factors in a period reduced by a period exceeding the period for which such installations were created.

This proposal is due to the fact that a number of investment contracts are executed by investors in violation of the deadlines for commissioning renewable energy plants originally envisaged by these contracts (the deadlines specified when concluding investment contracts). Additional agreements to investment agreements amend the essential conditions for the implementation of agreements, which negatively affects the timely achievement of the values ​​of energy security indicators provided for by the Energy Security Concept.

The draft Decree also stipulates that if the total installed electric capacity of renewable energy plants is exceeded, provided for by investment agreements concluded and registered in accordance with the established procedure until May 20, 2015, electricity in the amount of excess is acquired by state energy supplying organizations using factors that stimulate the use of renewable energy sources.

In the context of the development of technologies and equipment for the use of renewable energy sources and a reduction in the cost of electricity production by renewable energy plants under previously concluded investment agreements, conditions favorable for the investor in terms of increasing and incentive ratios that were in effect at the date of conclusion of the agreement continue to apply. In such circumstances, the economic effect for the Republic of Belarus is not comparable with the benefit for the investor;

the ability to create renewable energy facilities without quotas by legal entities and individual entrepreneurs for the purpose of energy support of their economic activities, as well as the creation of facilities within the framework of investment agreements concluded before May 20, 2015, provided that the declared total electric capacity of these facilities does not exceed.

Currently, there is an ambiguous interpretation of the legislation (subparagraphs 1.1 of paragraph 1 and paragraph 2 of Decree No. 209) regarding the possibility of creating renewable energy facilities by legal entities and individual entrepreneurs solely for the purpose of providing energy for their business activities without the need to obtain quotas for their creation in the established manner. In the wording of paragraph 2 of the draft Decree, the possibility of creating such facilities without quotas is interpreted unambiguously.

Also, according to clause 2 of the draft Decree, quotas are not required if the declared total installed electric capacity of plants operating using renewable energy sources, not initially provided for by the investment agreements concluded and registered in the established manner, does not increase.

With the adoption of the new document, Decree No. 209 is no longer valid.

The prerequisites for the development of a new Decree regulating relations in the field of the use of renewable energy sources were the following.

Any state, developing renewable energy, has certain tasks: some solve the problems of energy "poverty", cover the deficit of electric capacities in the absence of traditional fuels or high prices for them, others - energy supply in hard-to-reach regions where there is no network infrastructure, or are solved global climatic problems.

The main objective of the development of renewable energy sources in the Republic of Belarus is the diversification of fuel and energy resources. The stimulus for the development of renewable energy sources was the adoption in 2010 of the Law of the Republic of Belarus “On Renewable Energy Sources” and the establishment of attractive conditions for investors in the form of high purchase tariffs and tax preferences in the framework of concluded investment agreements.

The measures taken made it possible to achieve significant results in the development of this area in the country.

As of November 1, 2018, the total electric capacity of all installations using renewable energy sources and connected to state energy networks amounted to 386.8 MW.

In recent years, not a single type of electrical generation has been developing so rapidly as generation based on renewable energy sources.

In 2016, the electric power of renewable energy plants grew 1.6 times by 2015, in 2017 - 1.8 times by 2016.

In 2017, the production of electric energy by all business entities through the use of renewable energy amounted to 902.2 million kWh.

It is predicted that at the time of commissioning of the Belarusian NPP, subject to the construction of all planned renewable energy facilities, the total electric capacity of such plants (excluding Belenergo GPO) will increase 2.5 times (from 266 MW in 2017 to 665 MW in 2020 ), and the annual volume of electricity supplied to the energy system will increase to 1.35 billion kWh or 3.7 times to the level of 2017.

At the same time, the Concept of Energy Security of the Republic of Belarus (approved by Decree of the Council of Ministers of the Republic of Belarus dated December 23, 2015 No. 1084), the production of electric energy due to renewable energy in 2020 is provided at the level of 950 million kWh, and the target value of the indicator is “ The ratio of the volume of production (production) of primary energy from renewable energy sources to the gross consumption of fuel and energy resources ”is set at 6% in 2020.

In 2017, according to the data of the National Statistical Committee of the Republic of Belarus, the value of this indicator has already reached 6.17%.

Taking into account the use of increasing and stimulating factors, the weighted average purchase price of 1 kWh for renewable energy sources is currently more than 5 times higher than the costs for its production at Belenergo GPO energy sources.

High rates of renewable

energy development can lead to: ousting the electric capacities of thermal power plants from the energy balance, which simultaneously produce electricity and heat in combined mode;

the need to limit the basic mode of operation of a nuclear power plant in the inter-heating period;

replacing cheap electricity from power plants of the Belenergo state-owned enterprise with expensive electricity from renewable energy sources and, as a result, to increasing electricity tariffs for consumers in the real sector of the economy.

An analysis of current trends in the development of renewable energy in leading European countries shows that states interested in the large-scale development of renewable energy create and constantly improve a set of government incentive measures aimed at the development of renewable energy, taking into account the country's economic interests.

According to the reports of various international energy agencies, there is a systematic tendency to reduce the cost of purchasing electricity from renewable energy plants, which is associated with the development of technologies and materials in the field of renewable energy sources.

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