On Tuesday, October 4, 2016, the Verkhovna Rada of Ukraine held an Environment Day; in that framework, it passed two important reform laws dealing with strategic environmental assessment and environmental impact assessment for planned activities. These regulations, experts say, are part of Ukraine’s obligations to be implemented under the terms of its FTA with the EU.
“The passage of these bills will provide impetus to start European-modeled reforms in the field of environmental protection,” environmental expert of the Institute for Social and Economic Studies (ISES) Tetiana Tevkun believes. “Of course, shortcomings may well be identified during their implementation (the EU directives are occasionally revised and improved as well), but the basic norms need to come into effect!”
In particular, the ISES experts emphasize that the Bill No. 2009a-d introduces a new European-modeled institution of environmental impact assessment. It aims to ensure effective and transparent procedure for environmental risk assessment before the start of a project, like the construction of a thermal power plant. This document defines several activities for which the procedure of environmental impact assessment is required as well as the types of businesses that are not required to conduct this procedure. The bill spells out all the rules of environmental assessment. Also, the passage of the Bill No. 2009a-d will provide Ukraine with compelling reasons for closing a case lately filed against it. Let us recall that the Energy Community Secretariat filed a case against Ukraine a month ago for its non-compliance with the directive on environmental impact assessment.
Another document, Bill No. 3259 “On Strategic Environmental Assessment,” is aimed at harmonizing the environmental component with other factors in national and local programs. For example, programs of regional development or energy strategies must now be assessed in terms of their environmental impact. Also, under this bill, the local community or the public nationwide (depending on the scope of issues covered by the document) will be able to access the draft document in question and submit their comments and suggestions. Only after such a comprehensive and open debate the responsible authority will decide on any such case.
COMMENTARY
Ostap YEDNAK, MP:
“New laws implement European standards of analysis and approval of facilities and their environmental impact... Under a new law, if you are going to build a factory, you have to publish information about it in the local media. You have to inform the local executive authority as well, which will publish it on its website.
“That is, even at an early stage of the project, the information about your intentions should be there in the public domain, making it all transparent and open. In cooperation with the designing company, you prepare the report on its compliance with specifications. Everything is clearly spelled out in the law, including deadlines, responsibilities of investors and officials, and responsibility for inaction. That is, no official will be able to just have your application shelved and wait until you offer a kickback.”
