In February 2017, two committees of multilateral environmental agreements reviewed the progress in Ukraine’s implementation of its international obligations directly related to the adoption of the law on environmental impact assessment. On 20-22 February 2017, there was held the meeting of the Implementation Committee of the Espoo Convention (the Convention on the Assessment of the Environmental Impact in a Transboundary Context). On February 28, a representative of International charitable organization “Environment-People-Law” took part in the meeting of the Compliance Committee of the Aarhus Convention (the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters).
Having listened to representatives of the government of Ukraine, both committees expressed their hope that the law on environmental impact assessment would be adopted in March 2017. In light of more than a decade–long history of consideration of this issue in international bodies, the Committees expressed their readiness to do everything in their power to assist Ukraine to avoid negative decisions at the next meetings of the parties to relevant conventions. Despite the last deadline for enactment of the law set on 20 February, the committees agreed to give Ukraine time before 1 April 2017. If the law is enacted by this time, the committees will still be able to make their positive conclusions and recommendations for Ukraine before the Meeting of the Parties to the Espoo Convention (Minsk, 13-16 June 2017) and the Meeting of the Parties to the Aarhus Convention (Budva, 11-15 September 2017).
On February 7, 2017, the Implementation Committee of the Espoo Convention published its report on the consideration of Ukraine’s progress in the enforcement of the decision on Ukraine’s non-compliance with its obligations (the case of deep-water navigation Danube-Black Sea canal in the Ukrainian section of the Danube Delta/ Bystroe canal). By this decision Ukraine was recommended to adopt relevant legislate and bring the project of Bystroe canal into full compliance with the Convention. To update the legislative framework for implementation of the requirements of the Espoo Convention, the Committee reviewed the provisions of the new Law of Ukraine on Environmental Impact Assessment adopted on October 4, 2016 and vetoed by the President of Ukraine. The Committee concluded that the law on EIA is generally compatible with the criteria of the Committee stated earlier in the review of legal, administrative and other measures for the implementation of the Convention provisions. The Committee expressed hope that Ukraine: (a) will ensure that the law on EIA satisfies these criteria also after its review in connection with the President’s proposals; and (b) will consider the possibility of further improvement of certain provisions of the law in order to facilitate its practical implementation.
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Similarly, the Compliance Committee of the Aarhus Convention thoroughly examined the text of the law submitted by the government of Ukraine. The Committee evaluated the relevant provisions and concluded their adequacy for the full implementation of all requirements of the decision on Ukraine. Back in 2005, the Meeting of the Parties made the first decision on Ukraine’s non-compliance with its obligations within the Convention regarding public participation, which was repeatedly adopted at each Meeting of the Parties.
For over 10 years, Ukraine has been in con-compliance with both conventions, and now for the first time, having analyzed the law submitted by the government of Ukraine, the committees concluded about its compliance with conventions and sufficiency for implementation of the decisions (regarding establishing the legal framework) in cases against Ukraine. If the law is not adopted by April 1, 2017, given the unprecedented duration of Ukraine’s non-compliance with the Conventions, in their documents on Ukraine before the next meetings of parties, the committees will have to recommend to the Parties to the Conventions to deprive Ukraine of the rights and privileges under the Conventions, which is the most stringent sanction within these international regimes.
International charitable organization “Environment-People-Law” calls on the Parliament, the Administration of the President and personally on Petro Poroshenko to use this chance and save the face of the country on the international arena. It would be highly regrettable to see that in the period of democratic reforms Ukraine can be punished with sanctions for lack of will for changes and implementation of European democratic reforms.
For further information please contact:
Yelyzaveta Alekseyeva, EPL senior lawyer
Email: office@epl.org.ua; e.aleksyeyeva@epl.org.ua
tel.: (032) 225 – 76 -82
