State of compliance
Environmental Impact Assessment Directive
Environmental Impact Assessment / Strategic Environmental Assessment Directive
The new Law on Environmental Impact Assessment is in force since December 2017. In 2018, trainings were conducted for the representatives of the regional state administrations and a single register for environmental impact assessment was set up. The register contains all the relevant regulatory and legal framework related to environmental impact assessment. Furthermore, the provisions on transboundary environmental impact assessments were also improved by an amendment to the resolution on the establishment of an Interdepartmental Coordination Council on the Implementation of the Espoo Convention.
The Law on Strategic Environmental Assessment (SEA) entered into force in October 2018. The Law addresses 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. A derogation for the development of short-term regional socio-economic development programmes is provided by the transitional provisions of the Law until 1 January 2020. It is important not to use this derogation as a tool to circumvent the obligation to carry out strategic environmental assessments.
Ukraine has shown a good level of progress in the field of environmental assessments in the past year, especially with the completion of the transposition phase for both Directives. The efforts in training national officials responsible for implementing these provisions shall continue, with particular regard to regional/local level. The focus on transboundary environmental assessments shall also remain a key priority.
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, were not in compliance with the limits established by the Directive, which resulted in a dispute settlement procedure (Case-ECS 05/13) initiated by the Secretariat. In 2016, the Ministerial Council established that Ukraine had failed to fulfil its obligations arising from the Directive and in 2018, following the opening of a new case under Article 92 of the Treaty (Case ECS 05/13S), the existence of a serious and persistent breach of Energy Community Law was established by the Ministerial Council. Due to the fact that the amendment giving rise to the breach is not in force in 2019 any longer, the case was closed by the Secretariat.
In 2019, amendments to the Resolution were drafted and submitted to the Government of Ukraine for approval with the aim to transpose the Directive’s provisions on marine fuels. These amendments are however not yet adopted due to the governmental change in 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. In July 2019, amendments to the NERP were adopted to reflect the changes introduced by the new Electricity Market Law and to update the terms of implementation of the action plan for reducing the emissions from large combustion plants covered by the NERP. The amendments, which were not consulted with the Secretariat, do not change the annual emission limits stipulated in the NERP or the emission contributions of individual combustion plants.
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 are 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.
Ukraine complied with its emission reporting obligations under the Large Combustion Plants Directive in June 2019.
Wild Birds Directive
Wild Birds Directive
In September 2019, Ukraine named eleven new Wetlands of International Importance (“Ramsar Sites”). It now has 50 sites in total, covering an area of over 800.000 hectares.
During 2018/2019, Ukraine nominated 106 new Emerald sites in addition to the 271 already designated by the Bern Convention. 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.