State of compliance
Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
With the adoption of the new Law on Environmental Impact Assessment (EIA) in May 2017, the dispute settlement case (Case-ECS 13/16) against Ukraine was closed. The Law entered into force in December 2017 and the by-laws necessary for its implementation were developed. Seminars and trainings were also conducted for the representatives of the state administration and businesses. An ongoing project, expected to be finished by August 2018, deals with the development of a unified national registry for environmental impact assessments in the Contracting Party.
On 20 March 2018, the Verkhovna Rada of Ukraine adopted the Law on Strategic Environmental Assessment (SEA), which is expected to enter into force in October 2018. The Law on SEA aims to address the integration of environmental objectives and priorities for sustainable development in government planning documents, the extension of SEA practices to local plans and programmes as well as the harmonization of SEA procedures already established in Ukraine with the respective procedures regulated by the environmental acquis.
While a number of steps to prepare the ground for the proper implementation of both environmental assessments were carried out, certain concerns still remain. The main difficulties expected in the implementation phase are due to the lack of finances and quality control mechanisms as well as administrative capacities. Furthermore, focus shall be given to transboundary environmental assessments in the case of projects with a significant transboundary environmental effect, with particular regard to hydropower development projects.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
In Ukraine, the Resolution on approval of the Technical Regulation on requirements for gasoline, diesel, marine and boiler fuels regulates the sulphur content of liquid fuels falling under the scope of the Directive. The provisions of the Resolution, however, do not comply with the limits established by the Directive. Following a dispute settlement procedure (Case-ECS 05/13) initiated by the Secretariat, the Ministerial Council established that Ukraine had failed to fulfil its obligations arising from the Directive. As a subsequent amendment to the Resolution did not rectify the breach, the Secretariat opened a new case under Article 92 of the Treaty on 12 October 2017 (Case ECS 05/13S). In the Reasoned Request, the Secretariat requests that the Ministerial Council declares a serious and persistent breach of Energy Community Law by the Contracting Party.
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
The National Emission Reduction Plan (NERP) for Ukraine was approved by the Secretariat in 2017. The Ukrainian NERP, as decided by the Ministerial Council, may be applied up to 31 December 2028 for SO2 and dust and up to 31 December 2033 for NOx. At the same time, the ceilings for the year 2028 for SO2 and dust and the ceiling for the year 2033 for NOx shall be calculated on the basis of the relevant emission limit values set out in Part 1 of Annex V of the Industrial Emissions Directive. Until then, the ceilings have to provide a linear decrease between 2018 - 2028 for SO2 and dust and 2018 - 2033 for NOx.
The implementation of the NERP started at the beginning of 2018. While the Ministry of Energy and Coal Industry is the key coordinator in the implementation process, the responsibility for creating the conditions for the practical application of the NERP is shared with the Ministry of Ecology and Natural Resources. The Ministry of Ecology and Natural Resources is the lead body responsible for amending the technological standards for permissible emissions. The adoption of these amendments, the deadline for which was set at three months following the NERPs approval, is still pending.
In Ukraine, the opt-out of a total of nineteen coal-fired thermal power plants started on 1 January 2018, meaning that they cannot be operated for more than 20,000 hours up until 31 December 2023. In accordance with Decision 2015/07/MC-EnC of the Ministerial Council, certain plants in Ukraine were allowed to use the opt-out mechanism for not more than 40,000 operation hours between 1 January 2018 and 31 December 2033. This concerns eighteen coal-fired and 41 gas-fired combustion plants. The registration of the operating hours of the plants concerned by any of the opt-out mechanisms also commenced on 1 January 2018.
Wild Birds Directive
Wild Birds Directive
The biodiversity protection system in Ukraine is weak and does not yet satisfy the requirements set up by the acquis. The protected areas cover only a very small territorial percentage and there is no control or monitoring mechanism, which is essential even for the basic steps such as gathering information on protected species and the analysis thereof.
At the same time, significant steps happened under the Bern Convention with the official adoption of 271 designated Emerald sites throughout the Contracting Party. Ensuring the proper functioning of the Emerald Network, which is highly compatible with the Natura 2000 network, would be beneficial for the future classification process. Furthermore, the necessary measures for the protection of the protected species have to be set up.
Implementation of legislation and measures in the area of nature protection often faces difficulties due to the lack of staff. Although specialists were assigned to the regional authorities, the administration is still understaffed.