High Anti-Corruption Court rules to reopen probe into Rotterdam+ coal supply model – media

Ukraine's High Anti-Corruption Court (HACC) has decided to reopen a probe into the Rotterdam+ coal supply model.

This was reported by Radio Free Europe/Radio Liberty's Ukrainian service.

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"At a meeting on October 27, the court satisfied a complaint filed by Nikopol Ferroalloy Plant and canceled a decision by the SAPO [Specialized Anti-Corruption Prosecutor's Office], which closed the case," it said.

According to the court's decision, the investigation should be resumed.

About Rotterdam+

"Rotterdam" or "Rotterdam Plus" is a method of determining the cost of coal as fuel for thermal power plants when calculating the forecast wholesale price of electricity in Ukraine.

Rotterdam+ investigation: Timeline

• On August 8, 2019, detectives of the National Anti-corruption Bureau of Ukraine (NABU) informed six persons involved in the implementation of the so-called "Rotterdam+" formula that they were suspected of committing actions that resulted in damage to electricity consumers in the amount of UAH 18.87 billion, or US$665 million.
• According to NABU, the suspects include ex-chairman of the National Energy and Utilities Regulations Commission (NEURC) Dmytro Vovk and ex-deputy of the NEURC energy market department's head Volodymyr Butovsky.
• All the six suspects are charged under Part 2 of Article 364 of the Criminal Code of Ukraine (abuse of office), while representatives of private companies are facing complicity charges.
• Vovk is on the international wanted list.
• In November 2019, the HACC delivered its verdict on Vovk and Butovsky in absentia. The latter is also hiding from the investigation.
• On August 27, 2020, the SAPO closed the Rotterdam+ case in the part concerning the suspects due to the failure to establish sufficient evidence of their guilt.
• On September 24, 2020, the HACC refused to reopen the case. Investigating judge Kateryna Shyroka, according to the text of the ruling, did not see any grounds for further investigative search or grounds to believe that the pretrial investigation agency had been unable to collect sufficient evidence. "The conclusion that there is not enough evidence to prove the guilt of the persons in court and that the possibilities for obtaining it have been exhausted appears to be justified. This indicates the validity of the August 27 decision to close the criminal proceedings dated March 24, 2017. Accordingly, the complaint should be rejected," the judge said then.