In March 2015, the Interdepartamental group of the Ministry of Environment and Natural Resources that includes representatives of key ministries, agencies, public and experts of the EU project as well as experts of RPR-environment group on development of a draft law on environmental impact assessment completed the work on development of the draft law of Ukraine “On Environmental Impact Assessment”. This law establishes legal and organizational basis for environmental impact assessment aimed at ensuring environmental safety, environmental protection, rational use and restoration of natural resources in the process of making decisions on industrial activities that may have significant effect on the environment taking into account state, public and private interests.
Implementation in Ukraine of the institute of environmental impact assessment of European style has been on the agenda of environmental reforms at least for a decade. It was first of all due to international obligations of the state within the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) and Convention on Environmental Impact Assessment in Transboundary Context (Espoo Convention) (late 1990s) as well as the Protocol concerning accession of Ukraine to the Treaty establishing the Energy Community (2010) and the EU-Ukraine Association Agreement (2014). However, all previous efforts to develop a draft law and have it adopted by the Parliament were unsuccessful.
In opinion of experts of “Environment-People-Law”, the developed draft law complies with the best European traditions of this legal institute and ensures long-awaited proper implementation in Ukraine of the Aarhus and Espoo Conventions as well as the Directive of the European Parliament and the Council on assessment of the effects of certain public and private projects on the environment.
According to the model offered by the authors, environmental impact assessment will include preparation of a report on environmental impact assessment; public discussion; analysis by an authorized body of information presented in the report on environmental impact assessment as well as of information received in the course of public discussion; adoption by the authorized body of an informed decision on environmental impact assessment based on results of the analysis; account taken of the decision in the permitting document that serves as the basis for beginning of realization of the planned activity (final decision).
The document establishes imperative rule that defines environmental impact assessment as mandatory in the process of decision-making on performance of planned activities that may have significant effect on the environment and also defines such activities. In contrast to the model of the Law of Ukraine “On Environmental Expertise” when the list of types of activities and objects subject to mandatory state environmental expertise was established by the Cabinet of Ministers, the draft law contains such a list in the text.
It is important to emphasize detailed and clear provisions of the draft law regarding public participation in the process of impact assessment. The document envisages procedures of timely, adequate and effective notifying of the public about impact assessment; ensuring free access of the public to all information on the planned activity; the procedure of public discussion; maintaining the Unified register of environmental impact assessment accessible via the Internet.
The text of the draft law can be found here: www.menr.gov.ua/public/discussion/3606-proekt-zakonu-pro-otsinku-vplyvu-na-dovkillia-na-finishnii-priamii
For further information please contact:
Maryna Shymkus, coordinator of the Aarhus Convention
The Ministry of Environment and Natural Resources
email: gr_priem@menr.gov.ua
Dmytro Skrylnikov, chair of BEI, attorney, chief expert of RPR-environment group
email: dskrylnikov@gmail.com
Olena Kravchenko, EPL director, co-manager of RPR-environment group
email: okravchenko@epl.org.ua
Yelyzaveta Alekseyeva, head of information and analytical department of EPL, expert of RPR-environment group
email: e.aleksyeyeva@epl.org.ua
Marta Ruda, coordinator of the direction of ecologization of policy and practice at “Mama-86” NGO, co-manager of RPR-environment group
email: martysya@yahoo.com
