IMPACT ANALYSIS OF ASSOCIATION AGREEMENT IMPLEMENTATION IN SPHERE OF ENVIRONMENT
JUNE 27, 2014 ASSOCIATION AGREEMENT BETWEEN UKRAINE AND EU WAS SIGNED CHAPTER 6 ENVIRONMENT OF THE TITLE V IS ALREADY IN FORCE Annexes XXX and XXXI
ENVIRONMENT MANAGEMENT AND INTEGRATION OF THE ENVIRONMENTAL POLICY IN OTHER SECTORAL POLICIES Directives 2003/4/EC, 2001/42/EC, 2003/35/EC, 2011/92/EC
MEASURES TO BE COMPLETED BY THE END OF 2016
8 spheres
29 directives and regulations
ASSOCIATION AGREEMENT BETWEEN UKRAINE AND EU Titles and chapters which relate directly or indirectly to the environment
Title V: Economic and Sector Cooperation
Title ІV: Trade and Trade-related Matters
Public access to environmental information and its dissemination by authorities will promote growing attention to the problems of the environment, free exchange of ideas, public participation in decision-making regarding the environment.
FOR AUTHORITIES: a responsibility to implement a system for public access to information regarding the environment, particularly, through open electronic databases, especially in cases where that is necessary for prevention or reduction of harm to the population caused by emergency situations; a responsibility to ensure the implementation of the SEA and EIA (Environmental Impact Assessment) procedures;
ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES
SANITARY AND PHYTOSANITARY MEASURES
introducing a mechanism to inform the public and the authorities in the area of environ environmental impacts, with the substantiation of the decisions taken; implementation of procedures for consulting with environmental authorities and the public (and with other states, if necessary), and consideration of the consultation results in the course of approval of plans or programs.
STATISTICS
ENVIRONMENT
TRADE AND SUSTAINABLE DEVELOPMENT
SEA - Strategic Environmental Assessment of certain plans and programs prior to their approval or for being submitted to the legislative procedures as preliminary assessment (screening).
FOR THE INDUSTRIAL SECTOR: TRANSPORT
COOPERATION IN SCIENCE AND TECHNOLOGY
the project on the environment and measures to prevent negative impacts, etc.
FOR THE POPULATION:
frames and have access to legal regulations which have to be mandatory distributed;
TOURISM
AGRICULTURE AND RURAL DEVELOPMENT
participation in the discussion of future plans or programs that will produce an impact on the environment, as well as access to information on approved projects and obtaining the right to appeal against them; a possibility to express proposals and comments on the draft plans and programs regarding the environment, to participate in the decision making procedures.
AIR QUALITY Directives 2008/50/EC, 2004/107/EC, 2004/42/EC, 1999/32/EC, 98/70/EEC, 94/63/EEC
FOR AUTHORITIES: establishment of zones and agglomerations across Ukraine by the degree of air pollution by 2019; creation of a system for air quality measurement and evaluation by 2020; setting target values (quality standards) on the content of arsenic, cadmium, mercury, nickel, SAS in the atmospheric air by 2018; regulatory formalization of maximum permissible content of sulphur and technical requirements to the quality and structures for storage or transportation of fuel, and controls over the implementation should have been implemented before 2013;
MANAGEMENT OF WASTE AND RESOURCES Directives 2008/98/EC, 1999/31/EC, 2006/21/EC
The hierarchy of waste management priorities: prevention the emergence, preparation for reuse, recycling, other types of utilization (including energy recovery), waste dumping. The principle of the extended producer responsibility imposes on them a responsibility for collection, transportation, processing and disposal of packaging, encouraging use of environmental-friendly types of packaging, reusable products, etc.
FOR THE AUTHORITIES:
setting technical requirements for paints, varnishes and products for means of transporta ! those products by 2020.
development of plans for waste management, prevention of emergence and burial of waste, measures to maximize their reuse by 2018;
Informing the public about these measures by 2019.
introduction of the “extended producer responsibility� principle and the “polluter pays� principle by 2020;
Changes in the composition of fuel, especially in cities, will make it possible, within a short time, to reduce pollutant emissions from means of transportation (unburned hydrocarbons, carbon monoxide and secondary pollutants such as ozone, gasoline, etc.)
FOR THE INDUSTRIAL SECTOR:
" # by 2020; creation of business registers in the area of waste management (recycling and removal operators, dealers, intermediaries, carriers) by 2020.
FOR ENTERPRISES:
a necessity to introduce new technologies that will reduce the level of emissions of harmful substances by 2023;
adherence to the extended principle responsibility by 2020;
labeling of products and selling only the products that meet the set standards by 2020.
$ annual reporting by 2018.
FOR THE POPULATION: improvement of the environmental situation, reduction of morbidity risks caused by air pollution by 2020;
investment resources.
FOR THE POPULATION:
possibilities for access to information on air quality by 2018; opportunities to buy high-quality fuels by 2018;
Certain emissions from gasoline are toxic and carcinogenic. Minimizing ingress of volatile organic compounds into the air reduces losses from loss of fuel, that is why it is useful and economical at the same time.
Improvement of the environmental situation and reduction of negative impacts on human health; engagement in the development of waste management plans and programs to prevent waste emergence by 2018; raising tariffs for waste removal, unless that amount is included in the price of goods sold in packaging that becomes waste by 2018.
WATER QUALITY AND WATER MANAGEMENT, INCLUDING THE MARINE ENVIRONMENT Directives 2000/60/EC, 2007/60/EC, 2008/56/EC, 91/271/EEC, 98/83/EC, 91/676/EEC
The fundamental mechanism in the Water Framework Directive (WFD) implementation is the water management system is set by the basin principle, which envisages establishment of river basin boundaries and Plans for their management.
FOR THE AUTHORITIES: creation of a European system for the river basin conditions, quality of natural water ducts and reservoirs, drinking water, as well as waste removal and urban waste water disposal by 2018; establishment of protection zones for drinking water, development of response systems in case of detection of non-compliance of drinking water with the quality standards by 2020; development of measures for gradual reduction of marine waters pollution by 2022; reforming the housing and public utilities infrastructure, construction sector, upgrading and reconstruction of wastewater treatment plants and storm water treatment systems, sewage systems; introduction of permit system for all urban waste water discharges by 2022.
Council Directive 98/83/EC envisages the establishment of 48 microbiological, physical, chemical and radiological indicators of water quality, as well as the introduction of a water quality monitoring system.
FOR THE INDUSTRY: implementation of the “polluter pays� principle by 2023; introduction of monitoring system, construction, upgrading and reconstruction of water treatment facilities by 2023; emergence of land use management, introduction of safer methods of agricultural works, restrictions on fertilization of soils by 2019.
FOR THE POPULATION: stable and higher-quality supply of drinking and household water, quality food products by 2022;
water use.
ENVIRONMENTAL PROTECTION Directives 92/43/EC, 2009/147/EC
The Directives envisages creation of a comprehensive European network of nature reserves - Natura 2000
FOR THE AUTHORITIES: % # protection, types of regular migration by 2017; creation of a register of protected areas, special protected areas for endangered and migratory species of birds by 2019; introduction of monitoring systems and management plans to prevent deterioration of the habitats of species by 2017; % fauna species, regulation on trapping, hunting and collecting by 2017; disseminating educational information among the public by 2017
FOR ENTERPRISES: assessment of plans and projects for their impact on protection of natural areas by 2018; the necessity to take account of the protected areas regimes in operation of agricultural and forestry enterprises by 2019;
% $ ! by 2019; the necessity to observe the system of prohibitions and restrictions on trapping and
% & ' carrying out operations harmful to the birds in agriculture and forestry by 2017;
" Directive by 2017
FOR THE POPULATION: the necessity to comply with the prohibitions and restrictions in protected areas, as well % by 2017; possibilities to hunt allowed species of birds only, by previously obtained permits, by 2017
INDUSTRIAL POLLUTION Directives 2010/75/EC, 96/82/EC
FOR THE AUTHOROTIES: introduction of procedures to grant an integrated permit that includes an assessment of the impact produced by the facility on the environment and human health; selection of the best available methods or technologies for certain activities; setting limits on permissible emission volumes; measures to prevent emissions to soil and to the ground water the term to be determined later; introduction of a system for inspection of facilities and penalties, issuance of conclusions on compliance/non-compliance of reports provided on security measures to the established standards by 2020; development of measures to prevent and minimize the consequences of accidents, particularly in the preparation of housing development programs by 2020; proper public awareness communication and consideration of conclusions of public discussion by 2020.
FOR THE INDUSTRY: application of best available practices or technologies to carry out operations, including
& technologies; observance of restrictions on emissions of harmful substances, preventing emissions into groundwater and the soil; prevention of accidents, reduction and elimination of their consequences by 2020; introduction of reports on security measures and internal action plans in case of accidents,
by 2020.
CLIMATE CHANGE AND PROTECTING THE OZONE LAYER Directive 2003/87, Regulations 842/2006, 2037/2000
Fluorinated greenhouse gases (GHG) are contained in such equipment as
FOR THE AUTHORITIES (BY 2017): of activities; & development of a National Plan of allocation of GHG emission reduction quotas; introduction of a Register of carbon units and opening of accounts for operators of plants and other market agents; establishment of a system of inspections and penalties. # # % nated GHGs; # ! % *+* & introduction of labeling and reporting systems; development of a program for a gradual phase-out (discontinuation) of the use of equip % *+* 0 phasing out production and marketing, use of controlled substances, except envisaged exceptional cases; prevention and reduction of leakage of controlled substances by introducing monitoring and inspection procedures; # # operations with controlled substances.
FOR THE POPULATION: possibilities to be engaged in decision making by competent authorities, including issuance of integrated permits for certain types of activities; mitigation of risk of accidents in sites with a high risk of danger and minimizing the consequences of such accidents by 2020; possibilities to gain access to information on safety measures and behaviour in case of accidents by 2020.
FOR THE INDUSTRY (BY 2017): operations solely on the basis of an environmental permit; production upgrading and introduction of new systems to monitor GHG emissions. necessity to comply with more stringent requirements in the course of technological # % *+* 0 more stringent requirements and restrictions towards progressive phase-out of controlled substances and reduction of their impact on the ozone layer.
GENETICALLY MODIFIED ORGANISMS Directive 2003/87, Regulations 842/2006, 2037/2000
FOR THE AUTHORITIES:
ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES COOPERATION IN THE AREA OF ELECTRICITY FOR THE AUTHORITIES:
*1 ! by 2017;
implementation of principles of economic rationality and preserving environment;
setting a methodology for assessment of environmental risks caused by release of GMOs, introduction of a hierarchy of risks of use of GMOs in a closed system;
promoting of development of competitive, transparent and non-discriminatory energy markets;
introduction of a permit system, a system of inspections, monitoring and penalties, requirements for labeling and packaging of products containing GMOs by 2017;
raising public awareness about product quality, environmental impact of their production and pricing.
importing country on planned transportations of GMOs and requirements to accompanying documentation by 2017; implementation of the principles of proper microbiological practices, safety and hygiene in production by 2017; establishment of public consultation and information procedures by 2017.
FOR BUSINESS: gaining access to international markets, improving competitiveness of domestic products and attaining stability of trade
FOR THE POPULATION: improvement of electricity and gas supplies, formation of affordable prices on energy resources;
FOR THE INDUSTRY: mandatory expert environmental risk assessment, requirements for activities, reports on results of the release with all the risks to the environment and human health by 2017; proper GMO packaging and labeling in the market process, indication of safety rules at storage or transportation by 2017; necessity to obtain permission of the competent authority in the importing country regarding planned transportation of GMOs by 2017; obligations regarding prohibition of release of GMOs into the environment by 2017; minimization risks in the use of GMOs in a closed system for the environment and human health, the obligation to notify the competent authority and the provision of information in case of emergency by 2018.
FOR THE POPULATION: possibilities to participate in public debates in the course of decision making by a competent authority on granting a respective permit by 2017; access to information about released GMOs, use of GMOs in a closed system and security measures in case of emergency by 2018; selection of products with account to the information on GMO content that must be indicated on the packaging by 2017.
improvement of energy security, protection against pollution caused by production of energy resources; communication on quality and environmental compatibility of production.
COOPERATION IN THE AREA OF NUCLEAR ENERGY Directives 96/29, 2006/117, 2003/122
Ukrainian legislation related to radiation safety is generally in conformity with the Directives and international standards, but to improve the radiation safety requires the introduction of new technological terms and regulation approaches.
FOR AUTHORITIES AND NPPs: maintaining and strengthening nuclear safety; making amendments to the Regulations for issuance of permits for international transport of radioactive materials, additional costs for cross-border transport of radioactive waste and spent nuclear fuel; Additional costs for security measures and elimination of the Chernobyl disaster consequences; & 23 0
National strategic and policy documents on cross-border transportation of radioactive waste and spent nuclear fuel have not been adopted.
FOR THE POPULATION:
AGRICULTURE AND RURAL DEVELOPMENT Regulations 834/2007/EC, 889/2008/EC, 1235/2008/EC
improvement of protection of the population and ecosystems from ionizing radiation; raising public awareness about radiation exposure; eliminating the threat of radiation exposure from the Chernobyl zone, possibilities for ecosystems recovery.
FOR THE AUTHORITIES: promotion of introduction of organic farming technologies; minimizing use of non-renewable resources;
TRADE AND SUSTAINABLE DEVELOPMENT The Ukraine-EU Deep and Comprehensive Free Trade Area (DCFTA), which ensures free movement of goods and services on the basis of sustainable development, comes into effect on 31 December 2015. This is relevant in terms of environmental issues related to trade: marking, labeling, licensing and green economy as a whole.
FOR THE AUTHORITIES: 23 4
tation, market surveillance, gradual transition to the requirements of the EU technological regulations;
reduction in the use of pesticides, synthetic fertilizers, hormones, antibiotics and growth stimulants, GMOs; establishing norms for keeping animals per unit of area; 0
The principle of equal and peaceful coexistence envisages possibilities for production, on adjacent territories, of GMO-containing products and ones those that are produced with the use of organic technologies. Producers that produce organic agricultural products must be protected from the possible
FOR THE INDUSTRY:
to the ISO international standards;
access to innovation technologies;
development principles.
proper functioning of the organic products market and opportunities for unrestricted exports to the EU countries;
FOR THE INDUSTRY: expansion of environmentally friendly goods market; &
&
& restrictions on use of fertilizers, pesticides, toxic chemicals, hormones, antibiotics and growth stimulants; protection against accidental contamination of organic agriculture with genetically modi 0
reduction of resource and energy intensity of production, decrease in production costs.
FOR THE POPULATION: FOR THE POPULATION: environment more favourable to health; possibilities to receive more detailed information on the environmental properties of goods due to the existence of a marking and labeling system, expanding its range; possible increase of product prices.
improvement of agricultural lands condition and of environmental safety; possibilities to choose cheaper products manufactured with the use of GMOs or more " & risk of wide distribution of products containing GMOs, and pollution of water resources.
TRANSPORT FOR THE AUTHORITIES: reduction of harmful emissions and fuel consumption through introduction of regular inspections of technical condition of motor vehicles; development of environmentally friendly transport, removal of environmentally non-compliant vehicles from service; international conventions on safety at sea and prevention of pollution of the seas.
FOR BUSINESS:
STATISTICS
FOR THE AUTHORITIES: harmonization of the national statistical system with the European one, in particular, related to the environment and human health; compliance with the information quality standards (reliability, timeliness, accessibility and clarity, comparability, consistency); in making decisions on the environmental protection, the bodies of power will be able to use qualitative data of statistical observations.
FOR ENTERPRISES:
& development of the international movement of goods and passengers; attracting investments.
FOR THE POPULATION: ensuring the necessary level of transport safety and reduction of impact of vehicles on the environment.
convenient access to adequate statistical data, including that on the environmental conditions, will create favourable conditions for strategic planning in business development and investment.
FOR THE POPULATION: awareness of the environmental condition, raising environmental awareness; a more effective dialogue with the bodies of power in the process of decision making that will have an impact on the environment.
TOURISM FOR THE AUTHORITIES: development and implementation of programs for rational use of land, forests, water resources; establishment of an environmental component in investment projects by large and medium tourism facilities; development of green tourism, promotion of environmentally compliant types of transportation, increasing environmental awareness of tourists and local residents;
FOR ENTERPRISES: additional investment for development and achievement of standards, upgrading the tourism attractiveness of environmentally “safe� areas and attracting foreign investments, innovation technologies, exchange of experience.
FOR THE POPULATION: tourist services of higher quality; ensuring a more favourable environmental condition, conservation of environmental facilities.
COOPERATION IN THE AREA OF SCIENCE AND TECHNOLOGY FOR AUTHORITIES: enhancement of international cooperation to address national and global challenges (exchange of experience, joint research programs, technology transfer, exchange programs for researchers and specialists, etc.); including increased participation of Ukraine in the “Horizon 2020� EU Framework Programme;
FOR ENTERPRISES: use of innovation technologies for the purpose of conservation of natural resources and improvement of productivity and competitiveness, compliance with environmental standards.
FOR THE POPULATION: improvement of the environment resulting from more effective implementation of innovation technologies in the economy, aimed at reducing impact of human activity on the environment.
This publication has been developed with the support of the European Program Initiative of the International Renaissance Foundation. The contents of this publication do not necessarily reflect the position or opinion of the International Renaissance Foundation.
Ukrainian National Environmental Non-Governmental Organization “MAMA-86”
14 V. Lypynskogo St. office 1 Kyiv, 01030 Тel/Fax: +38 (044) 234 69 29 / 227 02 57 Cell: +38 (067) 403 26 09 www.mama-86.org.ua info@mama-86.org.ua