On 21 April 2026, the National Energy and Utilities Regulatory Commission of Ukraine (Regulator) adopted Resolution No. 574 “On Approval of Amendments to the Procedure for Registration of Wholesale Energy Market Participants” (Resolution No.574), which requires non-resident companies to designate an appointed representative for the purposes of Ukrainian REMIT.
The Resolution No. 574, which goes into effect after the end of martial law, is available on the official Regulator’s webpage.
The adopted changes further align Ukrainian REMIT-related requirements with EU standards and support the ongoing harmonisation of Ukrainian energy market legislation with European regulatory practices.
The following article provides information on the scope and specific requirements of the Resolution No. 574.
Scope of application of the Resolution No. 574
The Resolution No. 574 applies to all non-resident companies, except those registered as wholesale energy market participants on a voluntary basis, that either:
- are already registered as wholesale energy market participants in Ukraine; or
- intend to register as such participants in the future.
According to the Regulator’s Resolution No. 1812 "On Approval of the Procedure for Registration of Wholesale Energy Market Participants" dated 14 October 2023:
"Non-resident companies of Ukraine may register as participants in the wholesale energy market on a voluntary basis, provided that they hold a code issued by the Agency for the Cooperation of Energy Regulators (ACER) or an ECRB code issued by the regulatory authority of another Contracting Party to the Energy Community, and they intend to carry out, or are carrying out, exclusively the following activities:
acquiring the right to use an interconnector as a result of the primary allocation of cross-border transmission capacity; and/or
booking natural gas transmission services where capacity at entry/exit points on interconnectors has been allocated to them, except where the right to use such capacity is transferred to other network users."
If a non-resident company conducts trading activities in Ukraine, it will be required to appoint a representative in Ukraine. Once Resolution No. 574 enters into force, companies should verify whether the appointment of a representative will be required for their non-resident company.
Entry into force of the Resolution No. 574 and key obligations for non-resident companies
The Resolution No. 574 will enter into force 30 working days after the termination or cancellation of martial law in Ukraine. Within three months of the date on which Resolution No. 574 enters into force, non-resident companies will be required to:
- designate an appointed representative in Ukraine; and
- submit updated REMIT/registration forms and supporting documentation to the Regulator.
The updated REMIT/registration documents must include information on the appointed representative in Ukraine, together with supporting documents confirming such appointment.
In particular, non-resident companies will be required to submit the following to the Regulator:
- updated REMIT/registration forms;
- a document confirming the appointment and authority of the appointed representative (a document executed in both Ukrainian and a foreign language will be accepted without the need for legalisation in Ukraine);
- a copy of an extract from the commercial register (or any other legal register that records information on the incorporation of the legal entity or business undertaking), together with a Ukrainian translation.
Appointed representative in Ukraine and its powers
The Resolution No. 574 permits only the following persons to act as an appointed representative in Ukraine:
- an individual who is legally present in Ukraine;
- an individual entrepreneur; or
- a legal entity incorporated under the laws of Ukraine (i.e., a Ukrainian legal entity).
The appointed representative will act as the official point of contact between the non-resident company and the Regulator and will be empowered to:
- communicate with the Regulator;
- provide necessary documents, including registration forms;
- receive and provide clarifications;
- ensure compliance with regulatory requests; and
- represent the company in all REMIT-related matters.
Key requirements include:
- only a Ukrainian individual, individual entrepreneur or legal entity may be designated as an appointed representative in Ukraine;
- only one appointed representative may be designated per non-resident company;
- the scope of authority must be confirmed by an official document (e.g. power of attorney or equivalent corporate authorisation);
- the representative will act within clearly defined limits of authority established by the non-resident company and recognised by the Regulator.
CMS as your appointed representative in Ukraine
The CMS Energy team continues to closely monitor regulatory developments in this area and remains available to support clients in preparing for the upcoming requirements.
Following the entry into force of Resolution No. 574, we would be pleased to act as an appointed representative in Ukraine and provide full regulatory and compliance support, including:
- updating REMIT and registration documents, as well as preparing a power of attorney and/or other required documents;
- submitting all required documents electronically to the Regulator;
- representing and communicating with the Regulator, including providing all necessary explanations and documents;
- obtaining clarifications from the Regulator and otherwise representing the company in REMIT-related matters in Ukraine.
Conclusion
The introduction of the appointed representative requirement is an important regulatory development for non-resident participants of the Ukrainian wholesale energy market. While the practical application will depend on the final implementation timeline linked to the end of martial law, non-resident companies are advised consider their compliance approach in advance.
For more information, contact your CMS client partner or the CMS experts: Vitaliy Radchenko, Maryna Ilchuk.
