Transcript State of implementation of the decision III/6f regarding Ukraine (MOP 2, June, 8 - 13, 2008, Riga, Latvia)

State of implementation of the
decision III/6f regarding Ukraine
(MOP 2, June, 8 - 13, 2008, Riga,
Latvia)
Findings of the twenty-third meeting of the
Aarhus Convention Compliance Committee
(Geneva, 31 March to 3 April, 2009)
 The Committee notes that the Ministry of
Environmental protection of Ukraine is to draft
legislation to fulfil the Ruling of the cabinet of
Ministers dated 27 December 2008 #1628-p. The
Government of Ukraine has not advised however,
specifically how it intends to address a number of
Committees concerns…In particular the Committee
would like to review, at earliest appropriate
opportunity, the draft legislation on the following
points:
Ukrainian Party took the
following legislative
measures


- Developed and is in the process of expert consultations the
draft of the Decree of the Cabinet of Ministers of Ukraine “On
approval of the provision and dissemination of environmental
information”.
Draft Decree takes into account the paragraph a and b of the
findings of the twenty-third meeting of the Aarhus Convention
Compliance Committee:
a) public authorities
obtain environmental
information relevant to
their functions,
executive authorities and
its local agencies, enterprises,
institutions
and organizations collect
systemize and analyze the environmental
information in their possession
pursuant to the
authority and its objectives
Ukrainian Party took the
following legislative
measures
b) information within the
scope of article 4 of the
Convention is provided
regardless of its volume
Environmental information is provided in full,
regardless of the volume, not later
than one month after the
request, unless
the volume and complexity of gathering
the requested information do justify an
extension
of this period to two months
after the request
Ukrainian Party took the following
legislative measures
- Developed and is in the process of expert consultations the draft of
the Decree of the Cabinet of Ministers of Ukraine “On approval of
public participation in decision-making in the field of environmental
protection ”.
C) wording concerning the detailed requirements for informing the public,
as required under the article 6, paragraph 2 of the Convention,
about the initiation of the procedure and possibilities for the public
to participate.
In particular:
i) The required form of the public notice;
ii) The required contents of the public notice
iii) How in the case of projects having transboundary impact,
the public concerned abroad is to be notified, in accordance with
paragraph 2 (e) of article 6.
Ukrainian Party took the following
legislative measures
“ Statement of the draft decision… as well as the notification on the public discussion
should be placed in nationwide printed media
-.
-The notification on public discussion, unless otherwise provided by applicable law, must contain
information about:
(a) The proposed activity and the application on which a decision will be taken;
(b) The nature of possible decisions or the draft decision;
(c) The public authority responsible for making the decision;
(d) The envisaged procedure, including, how and when this information
can be provided:
(i) The commencement of the procedure;
(ii) The possibilities for the public to participate;
(iii) The time and venue of any envisaged public hearing;
(iv) An designation of the public authority from which
relevant information can be obtained and where the relevant
information has been deposited for examination by the public;
(v) An designation of the relevant public authority or any other official body to which
comments or questions can be submitted
and of the time scheduled for comments or questions; and
(vi) An description of what environmental information relevant
to the proposed activity is available;
And (e) The communication the planned activity is subject to a national or
transboundary environmental impact assessment procedure.”
“It is prohibited to appoint public discussions at working days
and working hours or otherwise,
which makes impossible for public to participate “
Ukrainian Party took the following
legislative measures
D) specific timeframes for the public
consultation process.
In particular:
The time for public to study the information
on the projects and to prepare to
participate effectively
The time for public to
prepare and submit comments.
Ukrainian Party took the following
legislative measures

Where within 45 days from publication of a statement about the need for
public discussion Is received from the public concerned, the coordinator of
the draft decision should ensure its implementation.
The coordinator of the public discussion appoints a date and venue for
public debate and informs the subjects
of public debate, not later than 45 days
prior to its conduct through the media,
which in its circulation and the location is appropriate with the volume and
location of the interested public. (alternative-the national media).
Ukrainian Party took the following
legislative measures
The coordinator of the draft decision
determines the
duration of public discussions,
depending on the type of target solution.
Duration of public discussion,
may not exceed:
1 month –for the issuance of relevant
documents on the use of natural resources on the
deliberate release of genetically modified organisms
into the environment as well as decisions on
activities that make or
may have a negative impact
on the environment
3 months - for international, national, regional programs,
plans, strategies, concepts, projects, regulations,
activities,
which make or may have a negative impact on the
environment, or decisions on the costs
associated with implementation
of environmental measures through the State Fund for
Environmental Protection
2 months - for local programs, plans, strategies,
decision-making
regarding the costs associated with implementation
of environmental activities by local funds
of Environmental Protection;
Ukrainian Party took the following
legislative measures
E) Sufficient time is available for public officials to take any comments into account
in a meaningful way. The progress and results of the public discussion are registered
in the protocol of the public discussion which is signed by
the participants and the coordinator of the public discussion
The decision maker,
after determining the appropriate decision on the issue under consideration
is to inform the public concerned about it through the media in the period which must not exceed 30 days.
Decision maker provides the information about the final decision which must I
nclude the data (or the publicly available source of data)
as for the consideration of the public comments by the decision maker.
The comments and suggestions from the public concerned received
as the result of public discussion or submitted according
to the Law of Ukraine “On public submissions” (N 394/96-ВР from 02.10.96)
to the decision maker or the coordinator of
public discussion must be considered in draft decision in a meaningful way.
Legislative Change
 .
-
Paragraph f) to i) consider the issue of the EIA legislation
Currently under development is the set of changes and amendments to the EIA legislation,
with the aim of harmonization with the Convention.
The assistance in the following area as well as the issues mentioned above is expected to be provided
within the Framework Contract with EU
“As for the assistance to Ukraine in the implementation of Aarhus and Espoo Convention”.
Capacity Building
Activities
 4 regional seminars are planed to be held by the Ministry of
Environmental Protection of Ukraine and USAID.
 2 Seminars were already held in Zaporizhzha (October) and Lviv
(December)
 Regional NGOs and local authorities from 6 regions of Ukraine
(Dniproperovsk, Kharkiv, Lugansk, Poltava, Zaporizhzha, )were invited
to Zaporizhzha in order to participate on the following topics:
 The role of publicity in the sphere of waste management
 The analyses of the Aarhus Convention implementation in Ukraine
 Draft decrees of the Cabinet of Ministers on “On approval of public
participation in decision-making in the field of environmental
protection ” and “On approval of the provision and dissemination of
environmental information”.
Next steps planned
 Improve the EIA legislation.
 Pass the Law of Ukraine “On the ratification of the amendment to
Aarhus Convention (concerning GMOs)”
 Pass the amendment to the article 25 of the Law of Ukraine “About the
Environmental Protection” as for the definition of environmental
information
 Conclude the consultations on the draft Decrees and pass the Decrees
“On approval of public participation in decision-making in the field of
environmental protection ” and “On approval of the provision and
dissemination of environmental information”.
 Other legislative activities necessary to bring the Ukrainian Party into
full compliance with the Convention
 Conclude 2 more regional seminars, which were mentioned above
 Prepare the seminars for the judges and civil servants