Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
Legislation to fully transpose the amendments to the Environmental Impact Assessment (EIA) Directive introduced by Directive 2014/52/EU has to be adopted. Administrative capacities should be further strengthened to address the lack of proper quality control of EIA reports and the lack of a systematic screening process for projects subject to Annex II of the EIA Directive. A proactive approach is required for better public inclusion in the decision-making process.
Sulphur in Fuels Directive
Sulphur in Fuels Directive
Ukraine has rectified the breach identified by Ministerial Council Decision 2016/05/ MC-EnC. The provisions on marine fuels were adopted.
Large Combustion Plants Directive
Large Combustion Plants / Industrial Emissions Directive
Ukraine revised its National Emission Reduction Plan (NERP) and plant inventory in 2019 and included all district heating installations, which modified the total number of plants. The NERP ceilings were not changed. For 80 plants, no derogations apply. While compliance with the 2019 NERP ceilings is achieved, the lack of finance made available for the implementation of the NERP remains problematic even after two years of implementation.
Protected areas still lack effective protective measures and administrative capacity that can properly assess the impacts of energy projects on the protected sites.
State of compliance
The Law on Environmental Impact (EIA) Assessment should be upgraded in order to fully transpose the amendments introduced by Directive 2014/52/EU. In particular, serious improvements are needed in the selection criteria which define if projects listed in Annex II of the Directive are subject to an EIA. Legal measures to ensure a higher level of quality of the EIA reports (by e.g. accreditation of providers) should be introduced in the transposing legislation. The Government should continue the capacity-building programme in order to properly address the EIA procedures, including ensuring effective public participation in the decision-making processes. Strategic Environmental Assessment reports must be prepared for all plans and programmes (or similar documents, e.g. strategies) in relation to energy (e.g. energy supply, development of mines and use of coal, utilisation of renewables, etc.). A strategic environmental assessment should be conducted for the upcoming National Energy and Climate Plan.
As regards legislation on the sulphur content of liquid fuels, Ukraine complied with the Decision of the Ministerial Council establishing a serious and persistent breach and completed the transposition of the 1,00% sulphur threshold for heavy fuel oil and the 0,10% threshold for gas oil. The Directive’s provisions on marine fuels were also transposed during the last reporting period. Ukraine should focus its efforts on the implementation of the provisions related to all fuels falling under the scope of the Directive, with particular regard to systematic compliance monitoring of the products concerned.
With regard to large combustion plants, the key priority for Ukraine remains the implementation of the National Emission Reduction Plan (NERP). The 2019 NERP amendments revised the plant inventory based on the common stack approach and included district heating plants in the Contracting Party. The amendments do not change the annual emission ceilings stipulated in the NERP. Ukraine complied with its reporting obligations under the Large Combustion Plants Directive in May 2020 by submitting its emissions data to the European Environment Agency for the reporting year 2019. Certain gaps exist due to the lack of data from plants located in conflict areas. The emission ceilings for all three pollutants are met, which is mainly caused by low heat and electricity demand. A significant increase of sulphur dioxide emissions is recorded, the main reason of which is the change in fuel supply (lack of access to anthracite).
Nineteen large combustion plants are operating under the optout regime since 1 January 2018, meaning that they can use a maximum of 20.000 operational hours until 31 December 2023. Furthermore, 59 plants fall under the scope of Decision 2015/07/ MC-EnC of the Ministerial Council, meaning that those plants may remain in operation for a maximum of 40.000 hours until 31 December 2033 at the latest. The operating hours of the plants concerned are reported together with emissions data.
A number of complaints have been registered under the Bern Convention on the Conservation of European Wildlife and Natural Habitats concerning the impacts of energy projects on protected Emerald sites. Concerns about presumed threats were raised about wind farm development projects in the Polonina Borzhava, Zatoky and Cholhynskyi sites, while the Holosiyin National Park, Sviati Hory, Iziumska Luka Regional Landscape Park, Ukrainskyi Stepovyi Nature Reserve and Riznykivskyi are concerned by hydrocarbons extraction or gas stations. Dialogue with the local communities and the civil society sector has to be ensured when conflict between planned energy projects and nature protection goals emerges.