POPS ENABLING ACTIVITIES UKRAINE Project Identifiers 1. Project Number: 3. GEF Implementing Agency: United Nations Environment Programme 2. Project Name: Enabling activities for the Stockholm Convention on Persistent Organic Pollutants (POPs): National Implementation Plan for Ukraine 4. Eligibility: Ukraine acceded to the Stockholm Convention on 23 May 2001 5. The Country: Ukraine 6. Name of GEF national operational focal point and date the endorsement letter (attached) was signed: Mr. S. Kurykin, Minster Ministry of Environment and Natural Resources of Ukraine GEF Political Focal Point 5 Khreshchatyk ST. 01001 Kyiv, Ukraine Tel: (38044) 226 24 28 Fax: (38044)2298383 Mr Anatoly Grytsenko, Deputy State Secretary GEF Operational Focal Point Ministry of Environment and Natural Resources of Ukraine 5 Khreshchatyk ST. 01001 Kyiv, Ukraine Tel: (38044) 226 24 28 Fax: (38044)2286926 Endorsement letter included in Annex 1 1 Summary of Project Objectives, Activities, and Expected Outcomes 7. Project objectives: The overall project objective is to develop a National Implementation Plan (NIP) for POPs issues with the assistance of international organisations so that Ukraine can effectively address the reduction and elimination of persistent organic pollutants consistent with the protection of human health and the environment from the effect thereof, and meet its obligations under the Stockholm Convention. Within this overall objective the following specific objectives have been identified. Develop a comprehensive country driven NIP for reduction and elimination of POPs compliant with the provisions of the Stockholm Convention and other relevant international conventions in the area of chemicals and chemical pollutants management. Strengthen national institutional and technical capacity of the country as required to undertake implementation of the NIP, meet Convention compliance and reporting obligations, facilitate effective information exchange, and participate fully as a Party to the Stockholm Convention in the long term. Achieve a high level of awareness of the POPs issue and sustained ownership respecting the NIP and international obligations among decision makers. Achieve a high level of public and stakeholder participation in the development of NIP for the reduction of elimination of POPs in Ukraine. Develop the NIP ensuring that the POPs management is an integral part of the country’s overall environment monitoring system and specifically the management of chemicals and chemical pollutants. Create conditions for the ratification of the Stockholm Convention by Ukraine in accordance with full understanding of the national obligations set forth therein and the country’s preparedness to comply therewith. 8. Project activities: The proposed project activities will be aimed at the preparation of the comprehensive National Implementation Plan for the reduction or elimination of POPs and further implementation thereof in Ukraine, as well as associated country capacity building required for the NIP implementation. This project shall also strengthen for sustainable local capacity to support NIP implementation and participation as a Party to the Convention. Information exchange and public awareness will be an integral part of both NIP preparation. The specific activities proposed will be consistent with the Annex B to the GEF "Initial Guidelines for Enabling Activities for the Stockholm Convention on Persistent Organic Pollutants", and follow the recommended step-wise framework for similar projects. The proposed list of actions for the project is described in greater detail in the following Project Description and provided in the tabular form in Annex 3. It may form the basis for the project’s detailed work plan and serve as a control tool for the step-wise implementation thereof. The project implementation activities are summarised in the context of responding to Convention obligations in the following: NIP preparation activities will (a) undertake inventories of sources and emissions of POPs listed in Annexes A, B and C to the Stockholm Convention on POPs, (b) prepare an assessment of stockpiles of Annex A and B POPs and of equipment and waste products contaminated with POPs, (c) develop an Action Plan to address the reduction or elimination of releases of unintentional production of Annex C POPs; (d) develop strategies for the management of identified POPs sources and inventories, including opportunities for disposal, (e) identify sites of contaminated by POPs; (f) assess national institutional and technical capacity and requirements for NIP implementation; (g) undertake consultation on and obtain national endorsement of the finalised NIP; and (h) develop prioritised proposals for NIP implementation activities utilising financing 2 opportunities provided within framework the World Bank’s CAS for Ukraine and other international assistance sources. Build NIP implementation capacity to: (a) pursue financial support for NIP implementation measures; (b) develop and enforce the necessary regulatory measures required to support NIP implementation and meet Convention obligations; (c) support Ukraine’s participation as a Party to the Convention; (d) meet obligations under the Convention in respect of timely reporting to the Convention Secretariat on the compliance with its provisions; and (e) support compliance under international chemicals management conventions Ukraine is a party to. Information exchange, and public information, awareness and education as described in Articles 9 and 10 of the Convention will be addressed by: (a) utilisation of a multistakeholder participatory processes for NIP preparation; (b) preparation of a communication exchange strategy as part of the NIP and establishment of the National Focal Point for information exchange within the Ministry of Environment and Natural Resources of Ukraine; (c) participation of all stakeholders in international information exchange initiatives related to POPs and their effect on the environment and human health; (d) development of specific programmes to increase the awareness of social groups potentially impacted by chemical pollutants; 9. Project duration: 2 years 10. Project expected outcomes: The main expected outcomes of this project are: A National Implementation Plan as called for in Article 7 of the Convention that identifies measures, on a prioritised basis, that will reduce the impact of POPs on the human health and environment, as well as the mechanisms of state (regulatory) management of POPs. A sustainable national institutional framework governing the management of the POPs issue in the form of appropriate legislative and regulatory measures. A National Inter-Agency Co-ordinating Committee providing oversight and coordination responsible for the measures undertaken on the national level. A comprehensive knowledge base respecting sources of POPs and POPs related emissions, and assessing environmental and health impacts and risks. Enhanced capacity for implementation of related chemicals conventions in an integrated fashion with the Stockholm Conventional and their collective linkage to the country’s overall efforts related to chemicals management and protection measures related to chemical pollutants. A POPs communication strategy oriented to broad awareness of health and environmental impacts of POPs, and to sustained stakeholder and public support in the implementation of the NIP. Preparation for the ratification of the Stockholm Convention by Ukraine and the country being fully prepared for participation as a Party to the Convention; 11. Estimated total budget (see Project Description): US$ 499,050 12. Amount being requested from the GEF: US$ 499,050 The Government of Ukraine will make an in kind contribution for the project implementation of US$50,000 by providing necessary office space for project supervision by the Ministry of the Environment and Natural Resources (MENR), conference rooms for meetings and workshops and the salaries of a number of the civil servants who are involved in NIP preparation in addition to those covered by the project, consultation or approval activities associated with the NIP. 3 As supplementary funding for associated initiatives complementary to the GEF enabling activities, UNEP will arrange bilateral assistance for local experts to undertake a national PCB inventory, and support as required from international experts. The World Bank will arrange bilateral assistance from the Canadian POPs Trust Fund for supplementary regional initiative in Donetsk Oblast for detailed site specific POPs inventories and prepare industrial and infrastructure investment proposals providing POPs release reduction and elimination benefits consistent with the NIP and which may potentially be financed by World Bank operations in the Donetsk. 4 Information on the institution submitting the Project Brief 13. Information on the organisation submitting the proposal: This proposal is submitted by the Ministry of Environment and National Resources of Ukraine. MENR as the State agency with national executive power and responsibility for environmental protection in Ukraine and is specifically responsible for the implementation of the Stockholm Convention on POPs is submitting the proposal under the authority of the Minister. Ministry of the Environment and Natural Resources of Ukraine 5, Khreshchatyk St. 01601 Kyiv, Ukraine 14. Information on the proposed executing organisation: The Department of Ecological Safety within the Ministry of Environment and Natural Resources of Ukraine will act as the local Executing Agency In this capacity, it will be supported by project implementation and technical expertise provided by individuals drawn from several recognized organizations. These include the National Centre for Hazardous Waste Management (NCHWM, Kyiv) the Ukraine Scientific-Research Institute of Ecological Problems (SRIEP, Kharkiv), Interagency Environment Centre (IEC, Kharkiv), Institute of Ecohygiene and Toxicology named after Medved (IEHT, Kyiv), and Institute of Occupational Safety (IOS, Kyiv). A profile of MENR is included in Annex 1. The Executing Agency contact persons are: Mr. Yevgen Matorin, National Focal Point for the Stockholm Convention and Rotterdam Convention implementation in Ukraine Head of the Department of Ecological Safety Ministry of the Environment and Natural Resources of Ukraine 5, Khreshchatyk St. 01001 Kyiv, Ukraine Tel.: (380-44) 228-05-43 Fax: (380-44) 228-34-14 E-Mail: Matorin@menr.gov.ua Ms. Olena Ligostayeva Project Co-ordinator Chief, Branch of Programs and Standards Atmosphere Air Division Department of Ecological Safety Ministry of the Environment and Natural Resources of Ukraine 5, Khreshchatyk St. 01001 Kyiv, Ukraine Tel.: (380-44) 228-06-06 Fax: (380-44) 228-34-14 E-Mail: envsaf@menr.gov.ua 15. Date the proposal was submitted to a GEF Implementing Agency: Endorsement letter applicable to the Implementing Agency and Submission Letter to the Implementing Agency are included in Annex 1 16. Date the proposal was submitted to the GEF Secretariat: 20/11/02 17. Date the proposal was approved: 5 18. Date of first disbursement: Information to be completed by the GEF Implementing Agency: 19. GEF Implementing Agency: Mr Ahmed Djoghlaf, Director, Division of GEF Coordination, UNEP, Nairobi, tel. (254 2) 624165, fax (254 2) 624041, ahmed.djoghlaf@unep.org 6 Project Description Introduction The project “Enabling activities related to the implementation of the Stockholm Convention on Persistent Organic Pollutants (POPs) in Ukraine” will undertake the development of a comprehensive National Implementation Plan (NIP) and related activities associated with ensuring sustained Government commitment to its implementation and participation as a party to Stockholm Convention. It will cover the NIP preparation cycle inclusive of preparing the country for ratification of the Convention, being in a position to submit the NIP to the COP in accordance with Article 7, and being ready to initiate implementation of the NIP consistence with Ukraine’s obligations as a Party to the Convention. In addition it is intended that the NIP preparation work would seek to integrate this activity with the country’s overall efforts related to chemicals and chemicals pollutant management, environment and human health protection from adverse impact of chemical pollutants and will take into account the provisions of other international conventions, the Basel and Rotterdam Conventions in particular. The project will be undertaken within the framework of Ukraine’s overall environmental management system and the government’s active efforts to strengthen it in co-operation with the international community. This is intended to further maximise the sustainability of the country’s efforts to address the POPs management issue. The Government of Ukraine has selected UNEP as the international implementing agency through which it will undertake the project implementation. It has been agreed that this work will be undertaken in co-operation with the World Bank. This arrangement is based on the long-standing positive relationship between these two international organisations and Ukraine. UNEP is a recognised leader among international organisations that offer the comprehensive technical and scientific capacity for the POPs issue and those related to it, making this agency an ideal partner for the proposed project implementation in Ukraine. At the same time, the World Bank offers a strong permanent presence in Ukraine, experience with strategic institutional strengthening in the environmental field and the potential to integrate the co-financing of NIP development and implementation activities into an established financial assistance framework. It also has demonstrated its capability in supporting delivering Convention related investment assistance. This offers the basis for a longer-term implementing agency partnership as the country undertakes NIP implementation under the Convention’s permanent financial mechanism. Based on the high level of the country’s industrialisation and the current status of the industrial technology development in Ukraine representative of the common economic system that existed in the former Soviet Union, the scale of POPs related problems in Ukraine is significant.. The country’s need for resources to address these problems is second only to the Russian Federation among the ex-USSR countries. As a consequence, the present proposal to the GEF proposes to utilise the maximum funding allowed under the GEF’s expedited processing procedures as the core funding for the NIP preparation and capacity building activities involved in the enabling activities. Additional bilateral funding and in-kind country contribution have been or are being arranged to supplement this, thus allowing the country to undertake a timely and comprehensive effort in addressing the POPs management issue in Ukraine. Country Overview Ukraine is the second largest country in terms of land mass in Europe after the Russian Federation. Until independence in 1991, Ukraine was the second largest constituent republic in the Soviet Union in terms of both population and industrial output volume. It occupies 603,548 thousand km2 in South Eastern Europe on the north shore of the Black Sea and Azov Sea. Its population in January 2002 was 48 million 860 thousand with a rural to urban distribution of 35% to 65% and a gender distribution of 53 % female and 47 % male. Ukraine is experiencing a decrease in overall population something that is attributable to a lower birth rate and declining life expectancy. The average life expectancy in 2000 was 67.8 years, or 0.5 years less than in 1999 (68.3 years). It was namely, 62.2 years for men and 73.4 years for women, which is, correspondingly, 0.5 years and 0.3 years less than in 1999. The average annual reduction in the overall population was 0.4% in 1990 – 1999 and 0.8% in 2000. These trends have been observed since 1993. 7 After a long economic crisis being a result of complex restructuring launched immediately after the independence, the economy of Ukraine has been showing a stable trend in the growth of main indicators during the lest several years. Ukraine is a world leader in some areas of industry (in cast iron and steel production, in particular) but its industrial sector in general is characterised by high energy intensity and obsolete inefficient technologies being a result of insufficient capital investments during the recent years. The agricultural sector is a major producer of grains, oilseeds, livestock, root and fibre crops, fruits and vegetables and animal husbandry products. Ukraine contains about 25 percent of the world’s rich black soil, as well as 27 percent of Europe’s tilled soil, giving it 0.64 hectares of tilled soil per capita, compared with 0.25 hectares for Europe as a whole. However, agricultural output has been falling for a number of years and the country’s fertile land is considered to be under producing The country has significant environmental problems similar to those found in other industrialized countries with economies in transition. These include high levels of air pollution in urban and industrialized areas, significant degradation of surface and ground water resources, and over taxed industrial and municipal waste management infrastructure exhibiting low environmental performance. The impacts of pollution are thought to be a contributor to a range of health impacts on the population ranging from cancer, respiratory aliments and drinking water related intestinal conditions. Significant degradation of bio-resources, particularly in Azov and Black Seas are generally attributable to pollution originating from industrial and agricultural sources. Consistent with the principles of sustainable development, one of the priorities in the Ukrainian economic restructuring is represented by tasks aimed at the improvement of environmental performance of the industrial production and reduction of the man’s impact on the nature, balanced use and reproduction of natural resources resulting from human activities by decreasing of resource and energy intensity of production. Project Objectives The overall project objective is to develop a POP National Implementation Plan (NIP) and provide supporting capacity strengthening for its development such that Ukraine can effectively address the reduction and elimination of persistent organic pollutants consistent with the protection of human health and the environment and meet its obligations under the Stockholm Convention: Within this overall objective the following specific objectives have been identified. Develop a comprehensive country driven NIP for reduction and elimination of POPs compliant with the provisions of the Stockholm Convention and other relevant international conventions in the area of chemicals and chemical pollutants management. Strengthen national institutional and technical capacity of the country as required to undertake implementation of the NIP, meet Convention compliance and reporting obligations, facilitate effective information exchange, and participate fully as a Party to the Stockholm Convention in the long term. Achieve a high level of awareness of the POPs issue and sustained ownership respecting the NIP and international obligations among decision makers. Achieve a high level of public and stakeholder participation in the development of NIP for the reduction of elimination of POPs in Ukraine. Develop the NIP ensuring that the POPs management is an integral part of the country’s overall environment monitoring system and specifically the management of chemicals and chemical pollutants. Create conditions for the ratification of the Stockholm Convention by Ukraine in accordance with full understanding of the national obligations set forth therein and the country’s preparedness to comply therewith. 8 Provide the basis for expedited financing of NIP implementation measures through preparation of a portfolio of investment, technical assistance and capacity related proposals potentially eligible for grant financing under the Convention’s permanent financial mechanism and co-financing through financing opportunities offered within the World Bank Country Assistance Strategy (CAS) framework and such opportunities as may be available from other international sources. Project Scope and Activities The project activities as outlined in the following are designed to generally follow the stepwise approach set out in the GEF Initial Guidelines for Enabling Activities for the Stockholm Convention on POPs with adaptation to national conditions and circumstances as appropriate. In Annex 3, a preliminary Table of Contents for the NIP is provided along with a checklist of activities that would form the basis the detailed Work Plan and task assignments. Step 1: Establish the Enabling Activity Project Co-ordinating Mechanisms Activities: Identifying and agreeing on initial responsibilities amongst government agencies regarding preparation of a National Implementation Plan, as well as amongst other key stakeholders civil society, academic, public interest NGOs, and private sector; Establishing a National Inter-Agency Co-ordinating Committee (NIACC) made up of major institutional stakeholders (top management level), which will be responsible for ensuring broad government commitment to the NIP preparation and implementation; Establishing the Project Management Unit (PMU) under the supervision of MENR and specifically the National Co-ordinator of the Stockholm Convention Implementation (National Focal Point) and Project Coordinator in the Department of Ecological Safety; Assessing capacities and needs of the PMU which will serve as the NIACC Secretariat and co-ordination responsibility for NIP preparation and provide core institutional capacity within the Ministry of Environment and Natural Resources of Ukraine for compliance with Convention obligations; Preparing detailed project work plans, task assignments and schedule; and Organising a broad-based stakeholder inception workshop to introduce and review project plans and implementation arrangements. Outcomes: Relevant responsibilities agreed amongst government agencies and other stakeholders; NAICC and PMU established; Capacity assessment of NAICC and PMU completed; Project work plans prepared by PMU and endorsed by NAICC; and Stakeholder review and discussion of project work plans and implementation arrangements completed and agreed during the inception workshop. Step 2. Establishment of a POPs inventory and assessment of the existing infrastructure and capacity a) Identification of capacity required for the project implementation Activities Developing of the mechanism of co-operation in the project implementation between NAIC, PMU and national and external sources of technical expertise; Providing information, training, equipment and administrative support; and, Organisation of training for the PMU based on the capacity assessment in Step 1. 9 Outcomes: The PMU is operational and has access to necessary levels of technical expertise; and NAICC and PMU have the necessary capacity for project implementation in co-operation with the international implementing agency and other international organisations participating in its implementation in Ukraine. b) Assessment of the National Institutional Capacity Activities: Identifying state institutions with responsibilities for POPs management activities and assess the effectiveness of existing institutional arrangements and supporting staff resources; Assessing the present POPs regulatory framework and its correspondence to the provisions and requirements of the Stockholm convention; Evaluating existing enforcement infrastructure and its capacity to achieve Stockholm Convention compliance; Assessing the country’s current capacity in relation to the current international understanding of Best Available Techniques (BAT) and Best Environmental Practices (BEP) in the area of Pops and POPs wastes management in accordance with the modern understanding thereof; and Evaluating the POPs monitoring and research and development capacity, as well as mechanisms for information collection and exchange. Outcomes: An assessment of national institutional and supporting staff capacities for management of the POPs issue; An assessment of national POPs regulatory framework and enforcement capacities; An assessment of national “Best Available Techniques” and “Best Environmental Practices ” capacities as applied to handling, storage and disposal of POPs wastes and to reduction and elimination of releases from unintended production; An assessment of the national POPs monitoring and research and development capacity at the national level and of the current POPs system of information gathering and dissemination; and, d) Gathering information on POPs inventories, sources and emissions in Ukraine Activities: Define the detailed scope and peculiarities of POPs related issues in Ukraine; Assess the scope of use, retention (storage) and release, in accordance with the Convention, for i) POPs Pesticides (Annex A, Part I Chemicals and Annex B Chemicals), ii) PCBs (Annex A, Part II Chemicals), iii) releases from unintentional production of dioxins, furans, HCB and PCBs (Annex C Chemicals), and v) POPs Contaminated Sites; Gather and analyse available information on the POPs impact of the environment and human health; Establish and train task teams to undertake inventories of POPs defined in the Stockholm Convention and as may be applicable other Persistent Toxic Substances (PTS) as may be defined under the POPs Protocol of the LRTAP Convention; Identify possible opportunities and options for reduction or elimination of releases of POPs in accordance with provisions of Article 6 of the Convention; 10 Facilitate continuing development of regional and national Pollutant Release and Transfer Registers (PRTRs) being undertaken in co-operation with UNEP particularly in respect to compliance with the Protocol on PRTRs under the Aarhus Convention on Access to Information; Analyse the POPs data obtained, including information on POPs inventory, assessment of public awareness level and data of the existing or potential impact of POPs on human health and environment to provide a comprehensive baseline for NIP development. Outcomes: The detailed scope and peculiarities of POPs related issues in Ukraine is identified; Task teams have the necessary skills to conduct and maintain POPs inventories; An inventory of POPs and POPs releases to the environment is created for potential application in PRTRs; and Opportunities/options for the reduction and elimination of releases from stockpiles and wastes are identified. d) Social and economic valuation of the POPs reduction and elimination project implementation in Ukraine Activities: Assessing the social and economic implications of POPs reduction and elimination; including the need for enhanced local commercial infrastructure for promoting alternative technologies, products and practices; Identifying risk groups in respect of the existing or potential POPs related human health, and territories that may suffer significantly from emissions of POPs into environment. . Outcomes: Identification of risk groups in respect of the existing or potential POPs related human health, and territories that may suffer significantly from emissions of POPs into environment; and, Social assessment and economic valuation of the POPs reduction/ elimination project implementation. Step 3: Priority setting and determination of objectives Activities: Determining the national objectives for reduction and/ or elimination of POPs releases into environment; Developing criteria for POPs prioritising and options to reduce and eliminate POPs releases, taking into account health and environmental impacts, based on the results of the POPs inventory and impact work undertaken within the framework of Step 2; Determining the need for any country-specific exemptions that exist or may be potentially justified; Identifying the detailed scope of work on POPs reduction or elimination in Ukraine and developing the final Table of Contents of the NIP; Organising a multi-stakeholder review of prioritisation criteria in the area of POPs management and NIP scope, and solicitation of stakeholder input on application of criteria. Outcomes: Agreed national objectives for reduction and elimination of POPs releases; Agreed criteria for POPs prioritising and options to reduce and eliminate POPs releases; 11 Stakeholder input on prioritisation criteria received and integrated; POPs and POPs reduction and/ or elimination prioritisation completed and the final Table of Content of NIP developed; and Agreed scope of work on POPs reduction or elimination in Ukraine and Table of Contents of the NIP. Step 4: Formulation of the National Implementation Plan on POPs for meeting Ukraine’s obligations under the Stockholm Convention Activities: Establishing task teams to develop action plans for addressing specific POPs; Identifying management options, including phase out and risk reduction options so as to effectively reduce and/ or eliminate POPs sources and uses, and to manage and dispose POPs stockpiles and wastes taking into account the socio economic considerations; Defining actions to remove barriers (legal/regulatory, institutional, economic, social, financial and technical) to the effective implementation of POPs phase out, release reduction, elimination, and disposal measures required for Convention compliance; Identifying capacity building actions as required, including institutional strengthening, training, equipment (including laboratory equipment), research and development, legal and regulatory measures (regulations and enforcement), and monitoring of POPs; Developing necessary actions and strategies to meet reporting, and information exchange obligations under the Stockholm Convention; Determining the needs for introduction and transfer of technologies and know-how and/ or enhanced use and development of indigenous knowledge and alternatives taking into account the socio-economic considerations; Developing a prioritised portfolio of proposed investment and capacity building initiatives in the near, medium and long term required to support the implementation of the NIP taking into account the socio-economic considerations; and Preparing preliminary cost estimates for initiatives identified in the draft National Implementation Plan. Outcomes: POPs National Action Plan task teams have been established; Barriers (legal/regulatory, institutional, economic, social, financial and technical) to the effective implementation of POPs phase out, release reduction, elimination, and disposal measures required for Convention compliance have been identified; Necessary capacity building activities have been identified; Technology and know-how transfer needs have been identified; A draft National Implementation Plan has been prepared; Proposed portfolio of investment and capacity building initiatives required for the NIP implementation is developed; and Initial cost estimates for the implementation of the NIP have been prepared. Step 5 Preparing of a POPs communication strategy Activities: 12 Identifying necessary directions and actions for information exchange, public education, communication and awareness raising, taking into attention risk perception of POPs by the public; Identifying existing regulatory gaps in providing POPs related information to the public and in public participation in POPs decision-making; Conducting a social survey to identify main public concern regarding POPs in Ukraine; Assessing the level of public and stakeholder awareness respecting the POPs issue; and Preparing a relevant POPs communication strategy. Outcomes: Awareness raising and information exchange mechanisms have been identified; POPs social survey conducted; and POPs communication strategy prepared. Step 6. Creation of conditions for the Convention ratification and NIP endorsement Activities: Organising briefings for high level Government officials on the Stockholm Convention on POPs and the draft of National Implementation Plan on POPs; Disseminating the draft NIP and necessary supporting information to stakeholders for review; Organising stakeholder workshop(s) and circulating information to facilitate a review of the draft NIP towards the goal of consensus; Finalising the NIP based on the above review and comments process; Securing Government, private sector, donor and other resource commitments to financing of the National Implementation Plan implementation; and. Supporting the Government’s decision making process related to ratification of the Convention. Outcomes: A high level workshop for the Ukrainian Government top officials on the National Action Plan on POPs reduction or elimination in Ukraine has been conducted; Broad dissemination of the NIP to stakeholder communities; Stakeholder workshops have been completed and consensus built on the NIP; A final version of the NIP has been prepared integrating input from the review process and submitted for approval to the Government; and Conditions for the Stockholm Convention ratification by Ukraine have been created. Project Implementation Plan a) Implementation Arrangement The Department of Ecological Safety within the Ministry of Environment and Natural Resources of Ukraine will act as the local Executing Organization for the project. Overall management supervision of the project will be provided by Mr. Yevgen Matorin, Head of the Department of Ecological Safety (MENR) and National Co-ordinator of the Stockholm, Basel and Rotterdam Conventions implementation in Ukraine. Ms. Olena Ligostayeva, Chief, Branch of Programs and Standards of Atmosphere Air Division, Department of Ecological Safety will act as Project Co-ordinator. Under the authority delegated to MENR by the Cabinet of Ministers for the POPs management issue and development of the NIP, MENR will organise and chair a National Inter-Agency Co-ordinating Committee (NIACC) having representation from the stakeholder ministries and other state agencies and organisations. 13 The day-to-day management of the project will be undertaken by a Project Management Unit (PMU) established by MENR and working under the Department of Ecological Safety. The PMU will be supported by project implementation and technical expertise provided by individuals drawn from several recognized organizations. These include the National Centre for Hazardous Waste Management (NCHWM, Kyiv) the Ukraine Scientific-Research Institute of Ecological Problems (SRIEP, Kharkiv), Interagency Environment Centre (IEC, Kharkiv), Institute of Ecohygiene and Toxicology named after Medved (IEHT, Kyiv), and Institute of Occupational Safety (IOS, Kyiv). Specific assignments within the project work plan may be undertaken by task groups drawn from stakeholder organisations, supported by local experts. Alternatively, certain work plan assignments may be contracted to national organisations or institutes with relevant expertise in the POPs management area. Supervision of the project on behalf of the GEF will be provided by representatives of UNEP. Procurement utilising GEF funding will be administered by the PMU under the UN procurement procedures based on competitive bidding. Grant funds will be administered in accordance with UNEP disbursement practices and governed by the terms and conditions defined in the agreed to Project Document signed by UNEP and the MENR (beneficiary) which will constitute the legal agreement between UNEP and MENR (beneficiary). 14 b) Implementation Schedule STE P ACTIVITIES PROJECT MONTHS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 Establish the Enabling Activity Project Co-ordinating Mechanisms A NIAC established and stakeholder consultation on responsibilities B PMU established and operational C Expand expertise network/current knowledge base on POPs and assess public awareness D Undertake initial national capacity assessment – PMU/NIAC E Define detailed project scope work plans, task assignments and schedule F Organising stakeholder inception workshop to introduce and review project plans __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ 2 Establishing a POPs Inventory and Assessing National Infrastructure and Capacity A PMU capacity building – Training/equipment B Institutional capacity – Regulatory/Technology/Monitoring/R&D/Related conventions C Socio-economic valuation: public/stakeholder awareness, health/environmental impacts D Finalise scope of national POPs baseline (profile) E Task team formation/Inventory training F Inventory preparation: POPs Pesticides, PCBs, unintended production, contaminated sites G Facilitate PRTR development H Consolidate health and environmental impact data I Assessment of the POPs management infrastructure capacity J External independent review of initial national POPs inventories K Assemble POPs baseline (profile)/Workshop 3 B Priority Setting and Determining Objectives Determine national priorities, scope of work on POPs reduction or elimination in Ukraine and exemption requirements within the framework of the Stockholm Convention Identification and assessment of possibilities to apply Best Available Practices for POPs reduction or elimination in Ukraine and development of proposals for the implementation thereof C Multi-stakeholder review of prioritisation and NIP scope 4 Formulating a National Action Plan, and specific Action Plans on POPs A Organise task teams for NIP reparation assignments B Finalise the national strategy of POPs management in Ukraine C Prepare action plans for legal, regulatory and institutional measures D E Prepare strategies - reporting, information exchange and public awareness/ education Prepare action plans for POPs Pesticides, PCBs, intended production, contaminated sites, monitoring, R&D, and technology transfer F Develop prioritised portfolio of investment projects G Prepare the NIP implementation cost estimate H Assemble the draft NIP for consultation I Stakeholder consultation/ workshop 5 Preparing a POPs Communication Strategy A Identify gaps in public information and participation B Prepare a POPs communication strategy for NIP implementation 6 Endorsement of NIP by Stakeholders A National stakeholders workshop B Secure formal institutional stakeholder endorsement of the NIP Issue NIP for the formal Government approval/ decision; preparation of a resolution on the Stockholm Convention ratification by Ukraine A C __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Project Budget The following table presents the project budget allocated to the main project activity with each step described above and cost items associated with them. Component Number of Units Unit Cost (USD) Total Cost (USD) 1. Establish/ Operate the Enabling Activity Project Co-ordinating Mechanisms (Note 1) National Coordinator 24 months 1300 31200 PMU staff (Contracted) 24 months 1700 40800 PMU Operating Costs PMU Communication/ Printing/ Translation Costs PMU Equipment* 24 months 400 9600 10000 Technical Assistance (International) PMU Staff Travel PMU Training Travel (external) – cost of travel for onsite training in countries with a developed POPs management system Inception Workshop 1 office support package 0,5 months 24 months 12000 15000 200 foreign case study trips 8000 7500 4800 5000 8000 1 event 1 days 80 part. 8000 8000 Sub-total 2. POPs inventory and assessment of national infrastructure capacity 136900 Technical Assistance (Local)** 36 months 1200 43200 Technical Assistance (International) 1 months 15,000 15000 15000 15000 18000 18000 1200 31200 Inventory Training *** Sampling Equipment Toolkits Travel **** (Local) 26 local trips Sub-total 3. Setting priorities and determining objectives Technical Assistance 122400 18 months 1200 21600 Technical Assistance (International) 0,5 months 15000 7500 5000 8000 5000 8000 1250 5000 Priority Setting Workshop 1 event 1 day 50 part. Information dissemination and awareness raising activities Travel consultations in the regions (Local) 4 trips * Equipment includes 4 workstations, 1 overhead projector and 1 multimedia projector. Assumption is made that one month per each oblast will be required for field visits and report preparation (multiplied by 25 administrative oblasts and Autonomous Republic of Crimea) *** One-day workshop will be organized for experts involved in POPs inventory **** Trips to 25 oblasts and Autonomous Republic of Crimea ** 16 Sub-total 47100 4. Formulation of the NIP and Specific Actions Plans Technical Assistance (Local) 66 months Technical Assistance (International) 1 month Public Consultations on Specific Action Plans 4 events Travel Sub-total 5. Preparing a POPs communication strategy Technical Assistance (Local) Awareness raising and advocacy activities Information Dissemination Travel for public consultations 1200 15,000 13000 79200 15000 12000 13000 119200 6 months 1200 12000 7200 12000 7500 15000 Sub-Total 6. NIP endorsement and creation of conditions for the Convention ratification Technical Assistance (Local) 10 months 1200 Technical Assistance (International) 0.25 months 15,000 Information dissemination of final report 8000 Stakeholder Workshop 1 day 70 partic. 7000 41700 Sub-total Total Cost of Enabling Activities 30750 499050 Multiple 12000 4000 8000 7000 Note 1: Costs for the PMU are for the whole project. Note 2: International technical assistance includes travel costs 17 Annex 1 Executing Agency Background A 1.1 Ministry of Environment and Natural Resources of Ukraine The current statute of the Ministry of Environment and Natural Resources of Ukraine (MENR) approved by the Enactment of the President of Ukraine # 724/2000 of May 29, 2000 “Issues of the Ministry of Environment and Natural Resources of Ukraine” identifies the Ministry as a central executive authority involved in environmental protection, efficient use of natural resources, ecological, nuclear, and radiation safety as well as hydrometeorological, topographogeodesic, and cartographic activities. In accordance with key objectives the MENR is responsible for securing ecological safety, including the issues of POPs. In its capacity of main regulatory authority the Ministry is responsible for a broad range of issues related to development of legislation and normative base, environmental expertise and inventories, issuing permits/ licenses for disposal of waste and other operations related to waste management, preparation and implementation of nation-wide programs and plans and ensuring compliance with requirements of environmental legislation. The MENR Department of Ecological Safety is responsible for issues related to management of hazardous substances, including POPs. Specific functions assigned to the sub-departments are as follows: Sub-department (Branch) of Atmospheric Air - protection of air from pollution, including trans-boundary issues; Sub-department of Ecological Expertise and Environmental Impact Assessment (EIA) - environmental expertise; Sub-department of Solid Waste - hazardous substances and hazardous waste management, and Sub-department of Chemicals Safety - registration and testing of pesticides and agrochemicals in Ukraine. The following documents (official correspondence) relating to the relationship between the MENR as representing the Government of Ukraine in relation to the POPs issue and International organisations are appended to Annex 1. MENR letter to the GEF designating UNEP as Implementing Agency for NIP EA activities with the World Bank in supporting capacity (Kurykin to El –Ashry, December 4, 2001); MENR letter to UNEP requesting them to act as IA with the World Bank (Kurykin to Willis, January 29, 2001); MENR letter to the World Bank requesting them to participate in NIP preparation jointly with UNEP (Kurykin to Barbone, January 30, 2001). 18 Annex 2 Status of POPs Management in Ukraine A 2.1 Current Institutional, Policy and Regulatory Framework A 2.1.1 Legal and Legislative Basis for Environmental Policy and Regulation The legal basis governing the environmental policy and regulation in Ukraine is founded in the National Constitution (1996) where the following key environmental principles are enshrined: the right of citizens to safe and healthy environment and to compensation for damages resulting from the violation of this right. Every citizen is also guaranteed the right to free access to information on environment condition, quality of food and consumer goods as well as the right to disseminate this information The governing overall legislative instrument is the Law of Ukraine "On Environmental protection" of 1991 which covers the basic principles of environmental protection, the rational use of natural resources as well as ecological safety and formed the foundation for further legislation and regulation on land, water, forests, on mineral wealth, on ambient air protection, on protection and use of vegetable and animals and of the other specialised legislation over the past 10 years. Within this framework, the most significant laws and codes related to the management of POPS are the Law of Ukraine "On Ambient Air Protection" (1992), Water Code of Ukraine (1995), Law of Ukraine "On Pesticides and Agrochemicals", the Law of Ukraine “On Wastes” (1998). The Law of Ukraine “On Ecological Expertise” (1996) is also relevant in that it will govern the environmental impact assessment and approval of measures proposed for the management of POPs. Under the authority of this constitutional and legislative legal framework, environmental protection regulation including that which would be applied to POPs can be undertaken using a variety of instruments with various levels of legal force, sphere of application and authorisation. They include: Decrees by the President approve the structure for the central executive authorities with responsibility for environmental protection including the Ministry of Environment and Natural Resources of Ukraine and can declare certain areas to be emergency ecological situations and define special legal regimes for these zones; Decisions (Resolutions) of the Cabinet of Ministers are the primary mechanism designated in legislation for setting of specific environmental policies and major environmental protection regulations, legal norms and establishing the mechanisms, orders and procedures for their enforcement; Decisions (Resolutions) of Ministries and other Central Executive Authorities constitute lower and more detailed level of environmental regulation, including designation of national standards and norms, defining terminology, specifying acceptable methods of natural resources usage and environmental protection, specifying methods for monitoring, defining requirements with respect to contamination prevention. This includes the development of maximum permissible concentrations of hazardous chemicals the compliance with which should ensure the environment quality and human health, as well as setting the requirements for stationary and movable pollution sources and tolerance levels for hazardous environmental impact of physical and biological factors. Decisions of Oblast or Municipal Administrations can regulate in areas of defined local responsibility and on issues of local implementation of both the Laws of Ukraine and the central executive authority decisions. The adoption of national and regional programs which may be deemed to include the National Action Plan on POPs, particularly where commitment international obligations and budget funds are involved may itself require a formal review and endorsement by the Cabinet of Ministers of Ukraine and approval of the Verkhovna Rada of Ukraine. Two existing National Programs (On the National Program of Hazardous Waste Management and On the National Program of Improvement of Occupational Safety, Occupational Health and 19 Working Environment), adopted by the Verkhovna Rada of Ukraine in 2000 and 2001 accordingly, provide conceptual, institutional and regulatory background and specific action plans for the management of chemical pollutants, and would encompass POPs. A 2.1.2 Organisation of Environmental Management Regulatory Responsibility The Ministry of Environment and Natural Resources of Ukraine is the primary designated national executive agency and state authority responsible for environmental protection, and is the lead authority responsible for national action and control measures related to POPs. This responsibility ultimately lies with a Government Minister and within the Ministry’s organisational structure would fall under the Department of Ecological Safety. At the local level, implementation of the Ministry’s responsibilities are accomplished through the State Departments for Environmental Protection (SDEP) located in the 24 Oblasts, the Republic of Crimea, and the cities of Kyiv and Sevastopol, who apply state standards, rules and regulations, collect and review information on facilities operation and releases, issue permits as required, and act as the local the enforcement and compliance verification authority. Related executive responsibility for aspects of the POPs issue also lies with the Ministry of Agrarian Policy of Ukraine in relation to management of arable land and water resources, and with the Sanitary and Epidemiological Department of the Ministry of Health of Ukraine in setting ambient standards for air, drinking water and in monitoring public health. A 2.1.3 International Obligations and Commitments Ukraine is an active participant in most major global and regional environmental Conventions and the processes involved in their development. The following summarises the status of Ukraine’s participation in those Conventions the may be related to the POPs issue: Convention/Treaty Stockholm Convention on POPs Signed May 23, 2001 Ratified No Basel Convention on Transboundary Movements of Hazardous Wastes and their Disposal Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade UNECE LRTAP Convention Yes UNECE LRTAP Convention (Aarhus) POPs Protocol No Remarks Submitted to President/Parliament for accession Yes UNECE LRTAP Convention (Aarhus) Heavy Metals Protocol Yes Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters June 1998 Ratification under active study within the MENR and NCHWM Ratification is considered in the context of the Stockholm Convention July 1999 20 A 2.1.4 Current Legislation and Regulations Related to Persistent Organic Pollutants In addition to the Law of Ukraine “On Environmental Protection” (1991), Law of Ukraine “On Air Protection” (1992), Law of Ukraine “On Pesticides and Agricultural Chemicals” (1995), Law of Ukraine “On Ecological Expertise” (1996) and Law of Ukraine “On Wastes” (1998) noted above, the following Laws, regulations and official administrative approvals that relate to POPs which are currently in force in Ukraine: Law of Ukraine “On Provision of Sanitary and Epidemiological Safety of Population” (1994); Law of Ukraine “Basic Laws on Health Protection” (1992); Law of Ukraine “On Plant Protection” (1999); The Decree of the Cabinet of Ministers dated 30 March 1998 No 391 “On Approval of Statement about the State Monitoring System of the Environment”; Sanitary and Epidemiological Department Regulation: “List of substances, products, technological processes, home and nature factors carcinogenic for man”. The List approved by the Ministry of Health of Ukraine on 7 February 1997, Order No 25; National Cancer Register of Ukraine. Prevalence of malignant tumours in the population of Ukraine in 1991 - 1996. Ministry of Health Care of Ukraine, 1997; Decree of the Cabinet of Ministers of 27 March 1996 No 354 “On approving of the order of the removal and utilisation of unfit or banned for use pesticides and agricultural chemicals and their packaging”; Decree of the Cabinet of Ministers of Ukraine No 440 dated 20 June 1995 “Order of receiving permission on the production, storage, transportation, use, destruction and utilisation of poisonous substances including toxic industrial waste, biotechnology products and other biological agents”; “List of pesticides banned for use in agriculture, which may not be registered or re-registered in Ukraine“ approved by the State Commission on Testing and Registration of Plant Protection Products, Growth Regulators and Fertilisers, dated 5 August 1997, agreed with the Ministry of Health Care of Ukraine; “List of pesticides and agricultural chemicals allowed to use in Ukraine” (1999). Specific bans on the use of Annex A POPs pesticides: Aldrin, Dieldrin, Chloradane, Endrin, Heptachlor and Hexachlorobenzene and Annex B pesticide: DDT were applied in the 1970’s and 1980’s in the Soviet Union and are now formally banned in the “List of pesticides banned for use in agriculture, which may not be registered or re-registered in Ukraine“ dated 05 August 1997, as noted above. Annex A pesticide: Mirex is not explicitly banned but it is not registered as required under the Law of Ukraine “On Pesticides and Agricultural Chemicals”. At present no explicit regulatory controls are applicable to PCBs or Annex C POPs. A 2.1.5 Chemical and Pesticide Management Programs Ukraine does not have a fully developed regulatory and assessment scheme for pesticides and industrial chemicals but has been working toward such a system for a number of years. The Law of Ukraine “On Pesticides and Agricultural Chemicals” (1995) requires formal registration of all pesticides and agricultural chemicals. Within the National Program of Hazardous Waste Management a National Plan for the Elimination of Risks Related to Stockpiled Obsolete Pesticides in Ukraine is under implementation through NCHWM. Ukraine has regularly collected data on chemical production and usage, and participates in the voluntary reporting to UNEP on chemicals from the PIC List. As part of its capacity building programme, UNEP organized in Ukraine subregional training courses for users of the IRPTC database and on the Amended London Guidelines and PIC. Representatives of Ukraine took part in UNEP sponsored subregional expert meetings on national information systems on chemicals. In 1997-2001, government officials and experts from environment, health and agriculture national authorities of Ukraine regularly participated in various subregional expert meetings and workshops organized by UNEP and the Centre for International Projects (CIP), Moscow, for countries of the Commonwealth of Independent States under the Project on Strengthening National Chemicals Management in the CIS Countries. Many of these meetings focused on POPs management issues, including legal, institutional, policy and technical aspects, and representatives of Ukraine provided status and progress reports in this respect. 21 A 2.1.6 Pollutant Release and Transfer Registry In collaboration with UNEP, Ukraine has initiated the development of a national Pollutant Release and Transfer Register System. In January 2000, a National Workshop on Establishing a Pollutant Release and Transfer Register (PRTR) was organized in Kiev by UNEP jointly with the Institute for Occupational Health and Ministry for Environmental Protection and Nuclear Safety (presently MENR) of Ukraine. Various Government Ministries and regional (Oblast) authorities concerned as well as research institutions, industry and NGOs were represented. As a result, three pilot regions were selected for further work as follows: Cherkassy, Donetsk and Dnepropetrovsk. Follow-up regional (Oblast) workshops were held under coordination by the Institute for Occupational Health and in consultation with UNEP in 2000-2001. Under the direction of the Ministry of the Environment and Natural Resources, an Inter-Agency Executive Committee to supervise the development of a PRTR was established and a Working Group has been created. This has representation from relevant ministries and organizations as well as NGOs. The first working meeting was held in August 2001 resulting in the identification of immediate tasks and development of an initial implementation plan. The current priority task is consideration of adoption and implementation of the Protocol on PRTRs within the framework of the Aarhus Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters. A 2.2 Assessment of the POPs Issue A 2.2.1 Annex A and B POPs Pesticides: Use, Stockpiles and Wastes Annex A and B POPs pesticides were never produced in Ukraine and the use of all annexed pesticides has either been banned for some years or they were never used, as noted in Section A 2.1.4 above. However, as in most countries, Ukraine has accumulated stocks of obsolete pesticides, including some POPs pesticides. This has been identified as a priority environmental problem with the MENR in co-operation with other ministries and local administrations having initiated work to address it in recent years. The term “obsolete pesticides” covers a group of chemical products used primarily in agricultural crop, property, and health protection applications. As a result of their prolonged storage, they may be deemed as a form of hazardous waste for one or more of a variety of reasons. These include: i) products now considered dangerous to the environment, and prohibited, ii) outdated products whose original properties have been lost and/or having acquired new or unknown properties, iii) products of unknown composition due to missing documentation or lost labelling, and (iv) accidental or intentional mixture of several other products, and consequently of unknown properties. As a general rule, one common characteristic of these materials is lack of information or at best uncertainty about their chemical composition. As a consequence under Ukrainian regulations these materials are generally considered Class 1 or 2 hazardous waste, which are the highest environmental hazard classes assigned to waste. The accumulation of the large quantities of obsolete pesticides in Ukraine has its origins in the extensive and, in some cases, excessive use of pesticides in the agricultural areas of the former Soviet Union as well the centrally managed practices applied to their distribution. The weaknesses in the management system existing at that time resulted, finally, in accumulation of considerable quantities of outdated chemicals throughout Ukraine, which used to be a major agricultural commodity producer is the former Soviet Union. Beginning in the 1960s, demand for pesticides in the agricultural sector also began to fall as a result of bans or controls on use and changes in agricultural practices such as crop rotation. Beginning in the 1970s, a program for reformulating and re-packing the outdated pesticides was initiated and the obsolete pesticides began to be collected from the farms and re-stored at the central stores with the intention that they be returned to producers. The program lasted for about 20 years, but was never fully 22 implemented. In 1992, about 50% of the banned and outdated pesticides were collected in the central stores originally used as distribution points, while the rest remains scattered throughout the country usually in substandard storage facilities. No substantial amount of the outdated chemicals was in fact returned to the producers for re-formulation as originally intended. The general condition of both the central and end use storage facilities is poor by current environmental standards. This is a product of the general lack of resources to maintain them, the evolution of ownership and, as a result, uncertainty in responsibility for them. Besides, Ukraine has not completed the integral systems of state standards of the pesticides management. While the condition of storage facilities varies, they generally lack proper containment, security and supervision. This results in risks of unauthorised use and leakage of material into the environment generally as well as well as local direct exposure to contaminants. The central storage facilities were normally designed in a standardised modular form of masonry (concrete and brick) building 36 x 24 meters in size. The buildings were formerly used as distribution centres for agrochemicals. The stores are usually connected to the railway system. In many cases, these buildings are now in poor condition with the absence of fencing, warning signs, other security as well as structural deterioration of roof, windows, floors and walls. Actual storage of the pesticides in the buildings is typically in metal containers or bags placed on the floors, which are also likely in poor condition. Little or no segregation or organisation of this material has been undertaken. In the areas around these buildings, bulk storage in steel tanks, originally those used for transport of liquids, have been modified, and are now used for "long term" storage of mixed types of obsolete pesticides. The tanks are placed on the ground without special protection against the elements or surrounding containment. Some sites also use "sarcophaguses" or underground concrete bunkers with the roof sealed with asphalt. Monitoring of soil and ground water pollution is either absent or is very limited. The smaller point of use storage, typically on state farms or successor agriculture enterprises is more variable, informal and generally in worse condition. This includes random storage in basements, sheds and outbuildings with little or no protection or security. A project jointly financed by the MENR and the Danish Environmental Protection Agency was began in 1998 to systematically define the extent of the obsolete pesticide problem and develop a long term plan to address it. The first phase of this program initiated a national inventory of obsolete pesticides, undertook representative analysis of storage sites and began evaluation of domestic treatment and disposal option. The principle product of this work was a National Plan for the Elimination of Risks Related to Stockpiled Obsolete Pesticides in Ukraine1. This has been included in the National Program on Hazardous Waste Management, which was approved by the Verkhovna Rada of Ukraine in 2001. The National Centre for Hazardous Waste Management (NCHWM) has been designated by the MENR to undertake the physical implementation of this Plan. Currently, the NCHWM are undertaking Phase 2 of the work jointly with Danish waste management experts. Special workshops for local experts and regulatory staff in detailed inventory procedures and the improvement of storage practices for hazardous chemicals have already been performed. The inventory of accumulated obsolete pesticides performed recently has shown that there are about 15 thousand tons of them stored in Ukraine, including 6.5 thousand tons that were collected from the farms and stored in the centralised storage facilities that used to belong to the Soviet entities responsible for agricultural chemicals maintenance. Altogether there are 147 centralised storage facilities containing 7,900 thousand tons of obsolete pesticides. Similarly, 4,967 smaller storage sites (which belong to various legal entities or have no owner at all) have been identified with an estimated 7 thousand tons of obsolete pesticides. Substances that are banned have been identified as making up an estimated 24% of this volume while 10% is classed as out of date material. The remainder (60%) is not identified due to mixing or loss of labelling. Screening level analytical work on a sample basis suggests that up to 70% of the volume will be or contain some form of chlorinated organic compounds and 4% are mercury based. The MENR and the Ministry of Agricultural Policy of Ukraine have also made preliminary estimates of Annex A and B POPs pesticides that indicate that relatively small quantities of endrin, heptachlor and HCB may exist (less than 15 tons total) but relatively large quantities of DDT in various concentrations exist. These estimates range from approximately 1,500 thousand tons to 1,800 Ministry of Environment and Natural Resources of Ukraine, Danish Environmental Protection Agency, “Elimination of Risks Associated with Stockpiles of Obsolete Pesticides in Ukraine: National Plan” June 2000. 1 23 thousand tons. In addition, it is estimated that approximately 550 tons of lindane in various concentrations is retained in storage. It should be noted that all of the above estimates apply to the agricultural sector and additional stocks that are as yet unidentified may be found in other sectors. The only unofficially reported stocks reported to date are 23 tons of DDT held by the Ministry of Defence. However, it would be anticipated that agencies and enterprises in the transportation, utility and forestry sectors will also hold stocks of obsolete pesticides, potentially including Annex A and B POPs pesticides. A 2.2.2 PCBs and PCB Containing Equipment: Use, Stockpiles and Wastes PCB’s were never produced in Ukraine but like other industrialised countries were used in a number of applications. Studies recently undertaken in the Russian Federation as part of a Multi-lateral project involving UNEP - Chemicals and AMAP have provided an overview of PCB production and use in the Soviet Union, which would be generally applicable to Ukraine2. An estimated 180,000 tons of PCBs was produced in two plants currently located in the Russian Federation from 1939 to 1993, effectively all for domestic use in the Soviet Union. The largest facility was the "Orgsteklo" Ltd. Production Company located in Dzerzhinsk in Nizhni Novgorod Oblast. The other was the "Orgsintez" Ltd. Production Company in Novomoskovsk in Tula Oblast. This involved three main PCB products for various applications as follows: Sovol – 52,500 thousand tons: a mixture of tetra- and pentachlorinated PCBs used as a plasticizer in paints and varnishes (37,000 thousand tons), a lubricant additive (10,000 thousand tons) and undefined applications in the defence industry (5,500 thousand tons). Sovtol – 57,000 thousand tons: Sovol mixed with 1,2,4 trichlorobenzene, especially in the ratio 9:1, named Sovtol-10 used as a dielectric fluid in transformers produced at the Chirchiksky Transformer Manufacturing Plant in Uzbekistan and Production Association (PA) "Uralelectrotyazhmash" in Russia. Trichlorobiphenyl (TCB) – 70,000 thousand tons: mixed isomers of trichlorobiphenyl (produced only at "Orgsteklo" Ltd.) was used as a dielectric fluid in capacitors. 40 thousand tons of TCB was used in large capacitors produced at two factories in Ust-Kamenogorsk, Kazakhstan and Serpukhov, Russia and 30 thousand tons of TCB was used in small capacitors typically used in light fixtures and appliances in two factories in Armenia. The analysis of existing information provided for an assumption that PCBs from “open” applications where Sovol was used generally have or will be released into the environment as these applications are widely distributed and difficult to identify. Similarly, small capacitors used in appliances and fluorescent lamp assemblies were not rigorously identified as to dielectric fluids and are widely distributed making systematic recovery difficult for large quantities. On the other hand, transformers and large industrial capacitors can be identified by type and labelling of equipment. Power transformers of the following types used PCBs: ТНЗ and ТНЗП types (manufactured by the Chirchiksky Transformer Manufacturing Plant), and ТНПУ, ТНП, ТНРУ and ТНЗПУ types (manufactured by the Production Association "Uralelectrotyazhmash"). Similarly PCB-containing capacitors produced in the Soviet Union can be identified from the type numbers КС, КСК, ЕСВ, ЕСВП, ЕСВК, ИС, and ПСК manufactured by Ust-Kamenogorsky and Serpukhovsky plants and LKC applicable to imported Arctic Monitoring and Assessment Programme (AMAP) and Centre for International Projects, “PCB in the Russian Federation: Inventory and Proposal for Priority Remedial Actions. Executive Summary” 2000. Internet: http://www.amap.no/ol-docs/pcb-es.pdf. (A survey of past production and application of PCBs in the Soviet Union. Contains inventories of PCB-containing equipment in use and in stockpiles. Provides information of particular interest to countries with economies in transition and other countries holding electric equipment produced in the former Soviet Union. 2 24 equipment. The designation of capacitors manufactured in the USSR contained the letter "C" standing for a "synthetic dielectric", i.e. containing PCBs. KC-type capacitors have the numbers 0, 1 and 2 added to designate size range. For example, КС0 defines a capacitor with the weight of less than 18 kg. КС1 or КСК1 designations apply to capacitors weighing 26 - 30 kg. КС2 or КСК2 define capacitors with the weights of 54 60 kg. Applying the same assumptions utilised in the above referenced Russian studies, namely that 50% of the material used in large capacitors and transformers is still in service or stored, a overall first order estimate of PCB volumes that might remain in Ukraine would be approximately 10 thousand tons based on Ukraine accounting for 20% of the Soviet Union’s industrial capacity. In making this estimate it is recognised that the actual weight of directly contaminated materials and equipment will be much greater and this does not account for cross contamination caused by mixing dielectric fluids which may have occurred during servicing operations. Preliminary information related to PCBs and PCB containing equipment has been collected by the NCHWM during preparatory studies sponsored by the MENR related to preparation for ratification of the POPs Protocol of the LRTAP Convention and support of Stockholm Convention signing. PCB containing equipment is thought to have been used mainly in power generation and distribution systems while some use in various industrial sectors (ferrous and non-ferrous metallurgy, food, chemical, and coal) is also recorded. It is estimated that 17,700 pieces of PCB containing equipment (transformers and capacitors) remain in operation in the country and 1,600 pieces of equipment containing PCBs are stored. More detailed survey data relating to capacitors in a number of Oblasts has also been collected as presented in the table below. Oblast Status/Quantity of Units In Service In Storage Volyn ЭСВК, КС-2, КС-1 567 124 Chernivtsy ЭСВК, КС-2, КС-1, КСК 719 8 Donetsk ЭСВК, КС-2, КС-1, КСК 922 Kyiv ЭСВК, КС-2, КС-1 620 32 Lugansk Not Specified 3880 Odessa Not Specified 1543 Poltava * Not Specified 4985 119 Zakarpattya ЭСВК, КСК, КС-2, КС-1 780 120 Rivne Not Specified 1984 98 Vinnitsa Not Specified 1023 158 L'viv Not Specified 888 50 Cherkassy ** Not Specified 380 15 * ** 2.2.3 Capacitor Types Poltava Oblast also reported 50 PCB containing transformers in service and 12 in storage. Cherkassy Oblast also reports 200 PCB containing transformers in service. Assessment of Releases from Unintentional Production of Dioxins, Furans, HCB and PCBs Identification of possible stationary sources of unintentional production of Dioxins, Furans, HCB and PCBs and assessment of their annual releases have been undertaken by the NCHWM as part of preparation for ratification of the POPs Protocol of the LRTAP Convention and support of Stockholm Convention, as mentioned above. This work included preliminary estimates performed in compliance with international guidelines set out in the Emission Inventory Guidebook EMEP-CORINAIR. Data on dioxin, furan, HCB and PCBs emissions have been obtained using three basic information sources: 1. Statistics on production output or fuel consumption in Ukraine. 25 2. Specific data on production output or fuel consumption at standard industrial facilities, which were submitted from sector ministries and oblast departments of the Ministry of Environment and Natural Resources of Ukraine. 3. Expert evaluations performed by specialists from the Russian Federation and the Republic of Belarus as to values of specific dioxin, furan, HCB and PCBs emissions (emission factors) for each emission source category under study. The results reported below show an increasing trend in releases, which has been attributed to increasing utilisation of municipal waste incineration. In accordance with the Stockholm Convention, there are a number of requirements regulating the releases of dioxins and furans by incinerators. Unfortunately, Ukraine does not have the monitoring capability and, which is the most important, there is no laboratory that is capable of performing a qualified chemical analysis of dioxins and furans. The results of the experts’ work demonstrate the need to address urgently the personnel training problem in Ukraine and to provide the laboratories with modern analytical equipment meeting international standards. Dioxins/ furans, g-ET/ yr: 1990 1215 A 2.2.4 1995 537 1996 520 1997 590 1998 610 1999 687 Contaminated Sites No inventories or evaluations of contaminated sites generally or specifically those that may involve contamination by POPs have been undertaken in Ukraine so far. However, based on recent assessments of the condition of pesticide storage facilities noted above it can be anticipated that a significant number of these sites may be contaminated with pesticides, including POPs pesticides. Similarly, it would also be anticipated that the experience of other countries relating to PCB contamination in and around facilities where electrical equipment is stored, operated and serviced would apply. The general low quality of municipal and industrial waste management facilities which is based almost exclusively on land disposal without adequate controls on or segregation of incoming waste streams would also suggest that POPs contamination may be found in such locations. A priority for the NIP will be developing the capacity to inventory, evaluate, prioritise, and ultimately contain and remediate contaminated sites. A 2.2.5 Current POPs Management and Release Mitigation Capacity: Management Infrastructure, and Monitoring and Analytical Capability Waste While Ukraine posses strong technical and scientific capacity in most if not all the disciplines required to address the POPs issue, it generally lacks modern infrastructure for storage, handling, treatment and disposal of POPs wastes, and capability for release monitoring and the necessary chemical analysis. As reported above, a pilot initiative is underway to upgrade at least one central obsolete pesticide storage facility to Western European standards and to undertake nation wide training in improved handling storage and evaluation of obsolete pesticide storage. Research and development activities are active related to various treatment and disposal methods for POPs and technologies that should provide for the reduction in their releases. These include consideration of various thermal destruction technologies. Those include utilisation of stationary and mobile facilities for plasma pyrolysis, and the development of biological techniques for contaminated site remediation. A 2.2.6 Environmental and Public Health Impacts Related to POPs Monitoring and assessment of potential human health impacts associated with chlorinated organic pesticides has been active in Ukraine as early as the 1950s. The following summarises this work: Investigation of impacts of DDT and other chemicals on workers using these materials was initiated in the 1950s. This addressed cardiovascular, endocrine, liver and kidney, and respiratory impacts. 26 The accumulation of DDT and its metabolites in a human organism as well as in the breast milk of Ukrainian women, who had no previous direct contacts with chlorinated organic chemicals, were found during the 1960s. Beginning in the 1970s, the impacts of lindane and HCB accumulation have been studied and the presence of PCBs in the human organism was first recorded in the 1980s. Within the framework of the National Program on “Development and implementation of measures for the prophylactic of peritoneal and infant morbidity and mortality into the heath care practice” biological monitoring of chlorinated organic pesticides in breast milk was carried out in different Ukrainian regions during 1992-1997. These results showed that contamination of breast milk results in transfer to nursing children in quantities exceeding permissible levels. As a general conclusion, these studies show that accumulation of chlorinated organic chemicals is generally occurring in any Ukrainian citizen independent of the region under scrutiny. Epidemiological studies applied to women residing and working in rural areas associated with use and potential pollution by chlorinated organic pesticides show their negative impacts on the women’s reproductive functions, and to the mortality and development of their children. Currently, such investigations are being carried out within research projects of the Academy of Medical Sciences and since 2001 within the National Programme “Reproductive Health 2001 - 2005” in accordance with the President’s Decree “On Additional Measures for Improving Medical Aid to the Population of Ukraine”. A 2.2.7 Public Awareness While a relatively high level of awareness regarding the POPs issue exists with the Government and professional community, awareness among the general public is not high. This is seen as a priority in the development of effective responses to the issue of POPs reduction or elimination in Ukraine. One of Ukrainian NGOs “Ecology, Woman, World” is involved in awareness activities specifically related to POPs (Polina Mikhailenko, Ph. D., Director of Scientific Information Centre "Ecology. Woman. World", address: Zodchikh St., Bldg. 54, apt. 93, Kyiv 03162, Ukraine, Phone +(38-044)266-98-11 and 266-98-49, Fax: (+38044)266-60-82, E-mail: eww@onconet.kiev.ua). 27 Annex 3 Proposed NIP Table of Contents and Project Activity Check List This Annex provides a proposed table of contents for the NIP and an overall activity checklist covering the complete cycle of NIP and creation of conditions for Ukraine’s participation in the Stockholm Convention. This material has been adapted from draft NIP guidance material underdevelopment by UNEP - Chemicals and the World Bank for the Interim Secretariat of the Stockholm Convention for presentation to the participating parties. A 3.1 Proposed NIP Table of Contents While no strict rules are yet mandated under the Stockholm Convention for preparation of the NIP, this format is considered as a possible basis for such direction in the future. The approach proposed divides the NIP document into three sections as follows: An introductory section would define the context of the NIP in terms of its overall objectives particularly in relation to a county's national environmental policy and its participation in the Stockholm Convention. The second section would be directed to defining a baseline from which the NIP will move forward. This may also be called a National Profile for POPs. Its basic function will be to provide a reference point for implementation activities and for evaluation of implementation results. It may also serve as the overall baseline used by the financial mechanism of the Convention in determining incremental costs eligible for funding. The third section would be the substance of the NIP itself in terms of national commitment and policy, implementation strategy, detailed strategies and action plans, investment priorities, timetable and financing. Table A3-1: Proposed National Action Plan Table of Contents National Action Plan Executive Summary 1. Introduction 2. Baseline 2.1 Country Profile 2.1.1 Geography and Population 2.1.2 Macro-Economic Profile 2.1.3 Profiles of Economic Sectors 2.2 Institutional, Policy and Regulatory Framework 2.2.1 Environmental/ Sustainable Development Policy and General Legislative Framework 2.2.2 Organisation of Environmental Management Regulatory Responsibility and Resource Allocation 2.2.3 International Commitments and Obligations 2.2.4 Legislation and Regulations Related to Hazardous Waste Management, Contaminated Sites, Waste Water Discharge and Point Source Air Emissions 2.2.5 Chemical and Pesticide Management Programmes 2.2.6 Pollutant Release Reporting and Inventory Requirements 2.3 Assessment of the POPs Issue 2.3.1 Inventory: POPs Pesticides (Annex A, Part I Chemicals) 2.3.2 Inventory: PCBs (Annex A, Part II Chemicals) 2.3.3 Inventory: DDT (Annex B Chemicals) 2.3.4 Inventory: Releases from Unintentional Production of Dioxins, Furans, HCB and PCBs (Annex C Chemicals) 2.3.5 Scope Assessment of Contaminated Sites 28 3. 2.3.6 POPs Use and Release Forecast 2.3.7 POPs Management and Release Mitigation Capacity 2.3.8 POPs Information Reporting Systems and Capacity 2.3.8 Environmental and Human Health Impacts 2.3.9 Public Information and Awareness Strategy of the National Action Plan Implementation 3.1 3.2 3.3 3.4 3.5 3.6 Policy Statement Implementation Strategy Detailed Strategies and Action Plans 3.3.1 Institutional and Regulatory Strengthening Measures 3.3.2 Action Plan: Production, Use, Stockpiles and Wastes of Annex A POPs Pesticides 3.3.3 Action Plan: Production, Use, Identification, Labelling, Removal, Storage and Disposal of PCBs and Equipment Containing PCBs 3.3.4 Action Plan: Production, Use, Stockpiles and Wastes of DDT 3.3.5 Action Plan: Releases from Unintentional Production of PCDDs, PCDFs, HCB and PCBs 3.3.6 Strategy: Releases from Stockpiles and Wastes: Pesticides, DDT, PCBs and HCB 3.3.7 Action Plan: Contaminated Sites Identification Containment and Clean up 3.3.8 Strategy for Information Exchange 3.3.9 Action Plan: Public Information, Awareness and Education 3.3.10 Action Plan: Monitoring 3.3.11 Action Plan: Reporting 3.3.12 Strategy for Research and Development Summary of Key Investment Requirements and Priorities Timetable for Plan Implementation Financing of Plan Implementation Annexes A1: Government and Key Stakeholder Endorsement Documents A2: Record of Stakeholder and Public Consultation A3: Representative Public Information Materials A4: Prepared Investment and Capacity Strengthening Building Proposals 29 A 3.2 NIP Preparation Activity Check List The following provides a checklist of detailed activities and work assignments that have, are being and will be undertaken as part of the overall cycle associated with NIP preparation. This involves four phases that correspond generally to the five step process provided in the GEF enabling activities guidelines but are provided in greater detail. This list of activities covers the complete cycle of a country NAT preparation, from the inception to the Government endorsement. Table A3-2 NIP Preparation Activity Check List Activities Pre-NIP Preparation Phase Formalise national interest and government commitment in principle Designation or confirmation of Responsible National Agency Selection of GEF Implementing Agency Rapid Assessment of the issue, stakeholders and implications of Convention compliance Establish and implement government decision-making process for signing of the Stockholm Convention Establish formal Inter-agency Supervisory or Co-ordinating Mechanism Appoint National POPs Focal Point and identify focal point unit options Identify expertise network Define the preliminary scope of NIP Investigate sources of preparation financing Prepare preliminary NIP preparation work plan and budget estimates Prepare and submit proposals for financing NIP preparation NIP Preparation Inception Phase Finalise NIP preparation funding Establish NIP preparation Focal Point Unit and designated supporting organisations Expand stakeholder identification and initiate consultation/ awareness (Inception Workshop) Develop/ expand expertise network Undertake initial national capacity assessment and identify key strengthening needs for NIP preparation. Expand the current knowledge base on POPs. Assess the level of public awareness and concern on the POPs issue Refine proposed NIP scope Identify proposed task group assignments Finalise detailed Work Plan Status Completed Completed Completed Completed Completed Initiated Outcomes Government commitment to preparation of a formal NIP Government decision to sign the Stockholm Convention Establishment of institutional supervisory mechanisms Selection of UNEP Chemicals as Implementing Agency GEF Enabling activities funding proposal submitted Initiated Initiated Complete Complete Completed Initiated Initiated Confirmation of Government commitment and stakeholder acceptance for NIP Preparation Conformation of funding Establishment of working level institutional arrangements for undertaking NIP preparation Documented overview of current POPs knowledge base Detailed Work Plan 30 Detailed NIP Preparation Phase Preparation of the Country Baseline (Country Profile, Geography and Population, Macro-Economic Profile, Profiles of Pertinent Economic Sectors) Describe National Institutional, Policy and Regulatory Framework: - Environmental/ Sustainable Development Policy and General Legislative Framework - Organisation of Environmental Management Regulatory Responsibility - International Commitments and Obligations - Waste Management Legislation and Regulation - Pollutant Release Reporting and Inventory Requirements - Industrial Chemical and Pesticide Registration/ Assessment Requirements Undertake Detailed Assessment of the POPs Issue: - Inventory: POPs Pesticides (Annex A, Part I Chemicals) - Inventory: PCBs (Annex A, Part II Chemicals) - Inventory: DDT (Annex B Chemicals) - Inventory: Releases from Unintentional Production of Dioxins, Furans, HCB and PCBs (Annex C Chemicals) - Contaminated Sites - POPs Use and Release Forecast - POPs Management and Release Mitigation Capacity - Environmental and Human Health Impacts - Public Awareness and Concern Assessment Analysis of baseline information and establishment of criteria for prioritisation of possible response measures Stakeholder and public information dissemination and consultation on baseline and work plan for NIP Preparation Determination of national objectives and priorities Organisation of national priority validation workshop Supervisory approval of work plan and interim priorities Development of a NIP Policy Statement Formulation of an NIP Implementation Strategy Prepare of Detailed Strategy and Action Plan Elements of the NIP - Institutional and Regulatory Strengthening Measures - Action Plan: Elimination of Production and Use of POPs Pesticides - Action Plan: Elimination of Production and Use of PCBs - Action Plan: Restricted Production and Use of DDT - Action Plan: Reduction/Elimination of Unintentional Production Releases of Dioxin, Furans, HCB and PCBs - Strategy for Reduction and Elimination of Releases from Stockpiles and Wastes: Pesticides, DDT, PCBs and HCB - Action Plan: Contaminated Sites Identification, Containment and Clean-up - Strategy for Information Exchange - Action Plan for Public Information, Awareness and Education - Action Plan: Environmental and Human Health Monitoring - Action Plan: Evaluation of Presence of POPs and Reporting - Strategy for Research and Development - Action Plan for Processing and Endorsement Evaluate the need for technology transfer and development Documentation of the national POPs baseline Prepared Detailed Strategies and Action Plans responding to Convention obligations and national priorities Final NIP document for endorsement presentation Portfolio of investment and capacity strengthening proposals suitable for financing 31 32