On November 24-25, 2022, in Geneva there was held the ninth meeting of the Working Group of the Parties to the Protocol on Pollutant Release and Transfer Registers (hereinafter – PRTR) to the Aarhus Convention. Despite the war, four representatives from Ukraine took part in the meeting of the Working Group – two representatives of the Ministry of Environment, and two International charitable organization “Environment-People-Law”.
The Protocol on PRTRs was signed in Kyiv in 2003. It took Ukraine thirteen long years to ratify this international agreement. Having done this in 2016, according to the provisions of the Protocol, Ukraine had to launch a full-fledged national registry in 2019. However, Ukraine did not do this in 2019, 2020, or even 2022. Because of lack of access to information about pollution, which should be contained in a publicly available register, in 2020 International chartitable organization “Environment-People-Law” filed the case of Ukraine’s violation of its obligations under an international treaty to the Compliance Committee to the Protocol on PRTRs.
On September 20, 2022, the Parliament of Ukraine finally adopted a not quite high-quality Law “On the National Pollutant Release and Transfer Register“. Representatives of the Ministry of Environment informed the Secretariat and the international community about this progress in the implementation of the Protocol.
In its statement, ICO “Environment-People-Law” welcomed the adoption of the legislative framework on the National PRTR. We also expressed our regrets that this became possible with such a long delay and only after the organization complained to the Compliance Committee. It is unfortunate to note that the “Ukrainian case” is the only one that has ever been considered by this Committee during the entire history of its existence. Other states managed to fulfill their obligations without pressure from civil society and consideration of the issue at the international level.
Still, better late than never. The adoption of the Law on the National PRTR is a big step forward. The draft law was developed in accordance with the requirements of the PRTR Protocol, as well as Regulation (EC) No. 166/2006 on the establishment of the European Pollutant Release and Transfer Register. The law provides for all main provisions of international documents on PRTR and establishes the necessary legal framework for development and launch of the national pollutant release register.
During the meeting of the Working Group of the Parties, IСO “Environment-People-Law” called on Ukraine to submit the text of the law on the National PRTR for consideration by the Compliance Committee as soon as possible. Evaluation of the law by the Committee will allow to evaluate the compliance of the adopted law with the requirements of the Protocol and, if necessary, to promote development of by-laws and selection of technical solutions in the right direction. Ultimately, this will also contribute to a faster and successful resolution of the case of Ukraine’s non-compliance with its obligations under the Protocol.
We hope that despite the war and all the challenges it brings, Ukraine will be able to develop and adopt by-laws, as well as to launch a full-fledged National PRTR, as provided for by the relevant Law, by the end of 2024. As always, ICO “Environment-People-Law” is ready to provide to the state any relevant assistance.
The National Pollutant Release and Transfer Register is a unified state information and communication database that ensures creation, collection, accumulation, protection, accounting, display, processing and provision of data on pollutant and waste release and transfer.
The list of types of activities and pollutants covered by reporting requirements, on the basis of which a publicly available register is formed, is established by the law.
