Convergence of Ukrainian Legislation to EU
Directives in Environment
Kiev, 16 October, 2013
Jerzy Sarnacki – Environmental
Legal Expert
COMPLEMENTARY SUPPORT TO THE MINISTRY OF ECOLOGY AND
NATURAL RESOURCES OF UKRAINE FOR THE SECTOR BUDGET
SUPPORT IMPLEMENTATION
Ukraine signed the Energy Community Treaty - in
September 2010, ratified the agreement and
became full right member in February 2011 –
obligation to implement a number of directives
Initialling the text of the EU Ukraine Association
Agreement in March 2013
EU-Ukraine
Association
Agenda
-
Enhanced
cooperation in some 28 key sector policy areas
including Environment – Chapter 6
2
Directives included in the Annex to EU Ukraine AA
SECTOR
Environmental
governance and
integration of
environment into
other policy areas
SECTOR
Air Quality
DIRECTIVES
Directive 85/337/EEC on the assessment of the effects of certain public and private
projects on the environment as amended by Directives 97/11/EC and 2003/35/EC*
Directive 2001/42/EC on the assessment of the effects of certain plans and
programmes on the environment
Directive 2003/4/EC on public access to environmental information and repealing
Directive 90/313/EEC
Directive 2003/35/EC providing for public participation in respect of the drawing up
of certain plans and programmes relating to the environment and amending with
regard to public participation and access to justice Directives 85/337/EEC and
96/61/EC
DIRECTIVES
Directive 2008/50/EC on ambient air quality and cleaner air for Europe
Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic
aromatic hydrocarbons in ambient air
Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending
Directive 93/12/EEC as amended by Directives 2000/71/EC, 2003/17/EC and
2009/30/EC and Regulation (EC) 1882/2003
Directive 1999/32/EC on reduction of sulphur content of certain liquid fuels and
amending Directive 93/12/EC as amended by Regulation (EC) 1882/2003 and
Directive 2005/33/EC*
Directive 94/63/EC on the control of volatile organic compound (VOC) emissions
resulting from the storage of petrol and its distribution from terminals to service
stations as amended by Regulation (EC) 1882/2003
Directive 2004/42/EC on the limitation of emissions of volatile organic compounds
due to the use of organic solvents in certain paints and varnishes and vehicle3
refinishing products and amending Directive 1999/13/EC
Directives included in the Annex to EU Ukraine AA
SECTOR
DIRECTIVES
Directive 2008/98/EC on waste
Waste and Resource
Management
Directive 1999/31/EC on the landfill of waste as amended by Regulation (EC) 1882/2003
Directive 2006/21/EC on the management of waste from extractive industries and
amending Directive 2004/35/EC
SECTOR
DIRECTIVES
Directive 2000/60/EC establishing a framework for Community action in the field of
water policy as amended by Decision No 2455/2001/EC
Water Quality and
resource management,
including marine
environment
Directive 2007/60/EC on the assessment and management of flood risks
Directive 2008/56/EC Directive establishing a framework for Community action in the
field of marine environmental policy
Directive 91/271/EEC on urban waste water treatment as amended by Directive
98/15/EC and Regulation (EC) 1882/2003
Directive 98/83/EC on quality of water intended for human consumption as amended
by Regulation (EC) 1882/2003
Directive 91/676/EC concerning the protection of waters against pollution caused by
nitrates from agricultural sources as amended by Regulation (EC) 1882/2003
4
Directives included in the Annex to EU Ukraine AA
SECTOR
Nature
protection
SECTOR
Industrial
pollution and
industrial
hazards
SECTOR
DIRECTIVES
Directive 79/409/EEC on protection of wild birds as amended by Directives
81/854/EEC, 85/411/EEC, 86/122/EEC, 91/244/EEC, 94/24/EC, 97/49/EC,
2006/105/EC and Regulation (EC) 807/2003
Directive 92/43/EC on the conservation of natural habitats and of wild fauna and
flora as amended by Directive 97/62/EC, 2006/105/EC and Regulation (EC)
1882/2003
DIRECTIVES
Directive on industrial emissions 2010/75/EU (IED)
Directive 96/82/EC on the control of major accident hazards involving dangerous
substances as amended by Directive 2003/105/EC and Regulation (EC) 1882/2003
DIRECTIVES
Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance
trading within the Community and amending Directive 96/61/EC as amended by
Directive 2004/101/EC.
Climate change Regulation (EC) 842/2006 on certain fluorinated greenhouse gases
and protection Regulation (EC) 2037/2000 on substances that deplete the ozone layer as amended
of the ozone
by Regulations (EC) 2038/2000, (EC) 2039/2000, (EC) 1804/2003, (EC) 2077/2004,
layer
(EC) 29/2006, (EC) 1366/2006, (EC) 1784/2006, (EC) 1791/2006 and (EC) 2007/899
and Decisions 2003/160/EC, 2004/232/EC and 2007/54/EC
5
Regulation no. 571 of the Ministry of Ecology and Natural
Resources – on preparation of baseline environmental plan for
adaptation of Ukraine's legislation to the European Union (legal
aspects)
Cabinet of Ministers of Ukraine, Ordinance on March 28, 2012 №
156-p - on approval of National Program Adaptation of Ukraine
EU legislation
Baseline plan for adaptation of environmental legislation of
Ukraine to the legislation of the European Union (Baseline
approximation plan) was approved by Order of the MENR No.
659 of December 17, 2012
6
December 2010, the European Commission and the Ukrainian
Government signed a Financing Agreement by which both sides
are committed to implement Environment Sector Budget
Support Programme (35.0 M€)
Overview of the legislation in environment and Baseline
Harmonisation Plan Program for law making activities targeted
towards facilitation of the environmental authorization system
and implementation of a single window system prepared with
support of SIDA
TA for SBS in Environment – Component 5 provides support on
elaborating plan for convergence of environmental legislation to
EU regulations
Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Transposition
incorporation of EU environmental
legislation into national laws, rules
and procedures
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Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Implementation
development of institutions,
human resources development,
management systems etc.
9
Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Enforcement
provision of the necessary control
and sanctions system to ensure
compliance with the implemented
measures
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Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Investments
Undertakings in infrastructure
projects to achieve environmental
standards
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SECTOR
Air quality
Waste
management
Water
Management
Industrial
pollution and
industrial
hazards
DIRECTIVES
Directive 98/70/EC relating to the quality
of petrol and diesel fuels and amending
Directive 93/12/EEC as amended by
Directives 2000/71/EC, 2003/17/EC and
2009/30/EC and Regulation (EC)
1882/2003
Directive 1999/31/EC on the landfill of
waste as amended by Regulation (EC)
1882/2003
Main Investment
Investment
Components
in MLN Euro
costs are closely tied to
predictions of the use of
trucks
and other vehicles with diesel
engines
new landfill construction,
closing of old landfills,
collection/sorting systems,
incineration plants
Directive 98/83/EC on quality of water construction of iron removal
intended for human consumption as plants, drinking water
amended by Regulation (EC) 1882/2003
supply systems
Directive 91/676/EC concerning the
protection of waters against pollution
caused by nitrates from agricultural
sources as amended by Regulation (EC)
1882/2003
Directive on industrial emissions
2010/75/EU (IED)
Directive 2001/80/EC on the limitation of
emissions of certain pollutants into the air
from large combustion plants*
training, construction of
manure storage facilities
SO2 reduction facilities
end of pipe equipment for
achievement of necessary
emission reduction
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Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Analysis of infrastructure and abatement
equipment
Costs of
complianace
Comparing directive requirements and the
existing situation
Calcultaing costs of investments needed
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(unit costs, cost models)
Elements of Planning
Convergence
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
Funding
Comparing demand for finance based from
costing analyses, against the available funding
sources
Identify suitable financial sources and tools
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Funding
affordability
•
•
•
•
•
user charges or fees
public budgets
environmental funds
foreign grants and loans
private capital
capacity of national income to support
the level of expenditures required
the capacity of individual users to afford
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service charges.
Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to EU Member State (s)
Coordination with other donor projects
Work of SubSector/Directive Working
Groups
• Environmental Governance
• Air, Industrial Pollution and
climate change
• Water
• Waste
• Industrial Pollution
• Nature and GMO
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Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Memver State (s)
Coordination with other donor projects
Inter-ministerial consultations
Establishing competent authorities
for specific directives
Reallocation of responsibilities
Capacity builidng measures
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Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Coordination with other donor projects
Start up Seminar – October,2012
Awareness/progress
seminars
1st Awareness Seminar - March 2013
2nd Awareness Seminar- December 2013
Third Seminar – April, 2014
Location in the selected regions
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Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Coordination with other donor projects
Delivered by LTE and STEs of TA for SBS
Training delivered in harmonisation
with Working Group meetings
Complementary Training
Environmental law and requirements of
the EU Directives
Experiences of new Member States
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Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Coordination with other donor projects
Organized by TA for SB for 10 – 15
persons
Study visit to EU Member
State (s)
Scope of study tour and host institution
to be determined
Time and country to be determined
Experiences of new Member States
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Work of Sub-Sector/Directive Working
Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Coordination with other donor projects
SIDA Capacity Building for Approximation Process
Coordination with
other donor
projects
EU Protection of freshwaters and marine
environment in the wider Black Sea region
Support to the implementation of Ukraine's
Energy strategy in the area of energy efficiency
and renewable sources of energy
Support to the MENR on implementation of the
Law on Ecological Audit (Twinning)
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TA for SBS in Environment
Project Steering Committeee
TA for SBS in Environment
Team Leader
Drafting
Convergence Plans
Short/Medium Term Int.
and Local Experts
MENR
Project Coordinator
Legal Department
Overall coordinator
for strategy
elaboration
MENR Technical
Departments
Other Ministries and
Agencies
Independent experts
Commenting and
technical input to
Convergence Plans
Working Groups
Key Expert for Legal
Component
commenting
draft
convergence
plans
identyfying
and
proposing
activities,
measures
timing for the
Strategy
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Institutional gap analysis vs requirements of the EU
Directives
29 Specific
Directives
Convergence Plans
Action plans for transposition of legislation
administrative, and institutional arrangements
Action plans for administrative, and institutional
arrangements
Indicative cost estimates for meeting EU Directives’
requirements
Indicative investments plans and indentification of
sources of funding
23
29 Convergence Plans - essential tools in planning the
compliance with the EU Directives with identified tasks that
need to be done in order to implement the specific directive
Convergence Plans (serving for projects pipeline development)
National Convergene Environmental Strategy endorsed Consilidated strategy document for all sub-sectors in
environment
Until the
end of 2014
Partnership and interministerial coordination mechanisms
established
Establishing inter-ministerial consultation mechanisms for
development, implementation and regular update of the
Strategy
Higher efficiency of approximation to the EU
environmental acquis managed by the MENR
Strengthened institutional framework and the
administrative capacity for the implementation of
the EU environmental acquis
Relevant target groups and stakeholders are
aware of the EU requirements, principles and
implications of the implementation
2 – 5 years
Higher synergy of donor projects and donor
coordination improved
Increased operational level of EU association
planning documents
Increased efficiency in allocating resources
Improved stakeholders’ involvement and
participation
Improved conditions for investments and economic
development
Development green technologies and eco-business
Improved quality of environment
5 – 15 years
Improved health of populations
Preservation of existing biodiversity
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Need to organize introductory workshop on start of
the process
Nominating of the overall coordinator - MENR
Establishing Working Groups for sub-sector/Directive
Nominating the coordinators for Working Groups
Adopting the indicative timetable for the process of
elaboration of the strategy
Adopting the indicative timetable for the awareness
events /selection of location
Design and deliver complementary training plan
27
Secured availability of both Ukrainian and
international experts
Efficient management of the process of establishing
and activities of Working Groups
Importance of involvement of regional
administration through the regional seminars
Interim results delivered in the form of presentations
and draft Convergence Pland
Stage based approach with interim results delivered
(2 – 3 round of consultations)
Stages designed according to the subsectors/directives
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Need to establish Strategy Management Unit
(secretariat) providing neccessary data and securing
participation in the technical working groups
Strong project management aimed at overseeing,
facilitation and coordination of work of STEs
providing inputs to elaboration of the strategy
Quality of facilitation of the workshops and delivery
of complementary training
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Commitment on planning convergence process
(National Environmental Convergence Strategy)
Committment of the main stakeholders on
participation in the work on convergence plans
Committment of the main stakeholders to allocate
resources neccessary in the planning process
Committment of the main stakeholders for
adjustments and amendments in the current
institutional system for environmental protection and
management
Regional and Local Administration should be aware
about the process and involved in the planning
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CP - essential tools in planning the implementation of
EU Directives - DSCPs are living documents that
require continuous updating – need to have clear
responsibilities in MENR
Clear set responsibility for implementation of each
task will necesitate allocation of responsibilities
among regional and local administration
Strengthening of environmental monitoring should
be planned and enforced
Administrative reform of environmental authorities
should take into account the strategies and plans on
convergnce with EU legislation
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Thank you very much for your
attention !
jerzy.sarnacki@sbs-envir.com
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