This Memorandum was prepared in reply to your inquiry of Programme Coordinator, Project Manager at EBRD Kyrylo Tomliak regarding the need to analyze the requirements of the Ukrainian legislation governing injection of biomethane into the gas distribution or gas transmission system, and its further transmission to the EU. The memorandum contains a legal analysis of the issues set out in the letter, with further amplification in the correspondence and our proposal.
This analysis is prepared on the basis of the effective laws of Ukraine, giving due consideration to their interpretation and approaches to their application on the part of the competent state bodies and courts, provided that such interpretation and approaches to the application were published before or as of the date of this Memorandum. We do not assess, nor do we set forth any legal position on the laws and regulations or case law that will or may enter into full force and effect or that will be officially published after the date of this Memorandum. Nor can we guarantee that our views comply with those of the government, regulators, and law enforcement bodies in each individual case under review.