Recently, we all celebrated the EC’s recommendation to start the negotiation process for Ukraine’s accession to the EU. Such a decision went together with the Report on Ukraine 2023 that assessed Ukraine’s progress in fulfilling European integration tasks, including those in the area of environmental protection. The Minister Ruslan Strilets wrote the following about this on Facebook: “Ukraine’s progress is rated as “good”, which is a four on a five-point scale.” However, we interpret the conclusions and assessments of the European Commission somewhat differently. Let’s analyze the original source.
The summary conclusion regarding Chapter 27 – Environment and climate change reads as follows:
“Ukraine has some level of preparation in the area of the environment and climate change. Good progress was made in this chapter, despite Russia’s war of aggression. On the environment, legislation was adopted aiming at further alignment on horizontal issues, water quality, waste management, chemicals and noise. On climate, where progress was limited, Ukraine continues its work on a national climate law and a National Energy and Climate Plan.”
Further on, the European Commission writes what it expects from Ukraine in the coming year:
“Ukraine should:
Ensure cross-sectoral mainstreaming of environment and climate action in the reconstruction plans of the country, identify green reconstruction strategy for key sectors and prioritise relevant EU legislation and standards in its National Programme for the Adoption of the Acquis (NPAA);
Adopt primary and secondary legislation to continue the reforms initiated in water and waste management acquis.
Adopt the law on environmental control and the legislation harmonising with the industrial emissions acquis;
Adopt a climate law and initiate the update of its long-term low emissions strategy consistent with the EU 2030 framework..”
ICO “Environment-People-Law” fully supports such recommendations from the EC because it is not the first year that the organization has been sounding the alarm on these issues. Despite the Minister’s loud statements about significant European integration achievements in the field of environmental protection during his tenure:
at the legislative level, the requirement to carry out the strategic environmental assessment procedure for recovery programs was canceled, and this is currently the only mechanism in the state to ensure integration of environmental and climate issues into state planning documents;
since July 2021, after being adopted in the first reading in the Verkhovna Rada, the draft law “On State Environmental Control” has not moved any further;
since September 2021, the draft law on industrial emissions is going through the “seven circles of hell”;
the draft framework law on climate has not even been developed at all.
In addition, the following instructions-requirements of the EC in the area of environment and climate deserve attention:
the capacity of public administration to deliver on cross-sectoral mainstreaming of environment and climate action in relation to reconstruction of the country as well as on implementation and enforcement of already adopted EU acquis, needs to be strengthened.;
Ukraine needs to significantly strengthen administrative and inspection capacities in the environment and climate sector;
to ensure civil society’s access to environmental information and participation in decision-making, which have worsened due to the martial law, in particular, in the procedures of EIA and SEA;
revise the legislation of Ukraine on liability for environmental offenses, because full alignment with and implementation of the relevant EU acquis is yet to be achieved;
further work is needed on air quality information collection, processing, reporting and dissemination procedures as well as monitoring and control;
to develop the biodiversity protection strategy and an action plan for its implementation;
create capacity for the creation and management of Natura 2000 sites;
strengthen independence and capacity for monitoring and control over licenses, felling and sale of forest products;
to start administrative preparation for compliance with the new EU environmental legislation resulting from the European Green Deal in the areas of circular economy, biodiversity protection and zero pollution;
further work and administrative measures are needed to implement the EU Eco-Management and Audit Scheme and EU Ecolabel Regulations as well as adapt environmental standards and promote green public procurement;
to urgently intensify the implementation of the Energy Community Roadmap for decarbonization and, in particular, prepare for the Emissions Trading System (ETS);
Ukraine needs to do more to consistently mainstream climate considerations in all dimensions of public policy in a wholeof-government approach.
After such a long list of frankly difficult tasks, the successes of the Ministry of Environmental Protection over the past year or even three eyars seem rather modest, and Mr. Macron’s comment about the “decade” that will be needed for Ukraine to join the EU, although sad, is more realistic than any empty slogans on fast track membership in the next few years.
We call on the leadership of the country to stop delaying the adoption of environmental reforms, many of which could have been adopted even before the start of a full-scale invasion, and to move from the simulation of the process to the long-awaited results.
