Resumption of Greenhouse Gas Emissions Monitoring

On 01 February 2025, Law No. 4187-IX (Draft Law No. 12131) came into force, restoring the system of monitoring, reporting and verification of greenhouse gas emissions, as well as restoring mandatory reporting for operators, except for those whose facilities are destroyed, not controlled or located in the occupied territories.

Obligations

Thus, operators who, during the period of martial law before the date of entry into force of this Law, (i) did not conduct state registration of the facility in the Unified Register for Monitoring, Reporting and Verification of Greenhouse Gas Emissions (hereinafter – the “Register”) or (ii) did not make changes to the Register’s data or (iii) did not cancel the state registration of the facility in the Register (hereinafter collectively referred to as “Registration Actions”) are obliged to take the following measures:

  1. in accordance with the Procedure for State Registration of Facilities in the Register, submit to the Ministry of Environmental Protection and Natural Resources of Ukraine within 30 calendar days from the date of entry into force of this Law:
    • application for state registration of the facility in the Register or
    • application for amendments to the Register data or
    • application for cancellation of state registration of the facility in the Register;
  2. in accordance with the Procedure for Monitoring and Reporting on Greenhouse Gas Emissions and within the timeframe stipulated therein, submit:
    • monitoring plan,
    • operator’s report, which is recognised as satisfactory based on the verification results,
    • verification report,
    • improvement report.

At the same time, the operator may not submit the operator’s report for the 2021, 2022 and 2023 reporting years, and the operator’s report for the 2024 reporting year must be submitted by the end of 2025.

On the temporarily occupied territory

However, if the facility is located on the territory where military operations are being conducted or on the temporarily occupied territory in accordance with the List of Territories Where Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation, the operator is obliged to carry out Registration Actions in accordance with the Law of Ukraine “On the Principles of Monitoring, Reporting and Verification of Greenhouse Gas Emissions” (hereinafter – the “MRV Law”) no later than 90 calendar days from the date of:

  • termination or cancellation of martial law or
  • determination of the date of termination of the temporary occupation for the temporarily occupied territory where the facility is located (exclusion of such territory from the above mentioned List in accordance with the laws of Ukraine).

After the facility resumes operation due to the occurrence of the circumstances described above, the operator shall continue to fulfil its obligations in the field of monitoring, reporting and verification of greenhouse gas emissions in accordance with the requirements of the MRV Law.

In addition, if there was a partial destruction of the facility as a result of the armed aggression of the Russian Federation against Ukraine, which requires amendments to the previously submitted and approved monitoring plan or to the monitoring plan with amendments in accordance with the MRV Law, the operator is obliged to make such changes no later than 90 calendar days from the date of resumption of the facility operation.