Convergence of Ukrainian Legislation to EU Directives in Environment Kiev, 16 October, 2013 Jerzy...

Convergence of Ukrainian Legislation to EU Directives in Environment

Kiev, 16 October, 2013 Jerzy Sarnacki – Environmental

Legal Expert

COMPLEMENTARY SUPPORT TO THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE FOR THE SECTOR BUDGET

SUPPORT IMPLEMENTATION

Form

al a

nd le

gal b

asis

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EU-Ukraine Association Agenda - Enhanced

cooperation in some 28 key sector policy areas

including Environment – Chapter 6

Ukraine signed the Energy Community Treaty - in

September 2010, ratified the agreement and

became full right member in February 2011 –

obligation to implement a number of directives

Initialling the text of the EU Ukraine Association

Agreement in March 2013

Directives included in the Annex to EU Ukraine AA

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SECTOR DIRECTIVES

Environmental governance and

integration of environment into other policy areas

Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Directives 97/11/EC and 2003/35/EC*

Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

Directive 2003/4/EC on public access to environmental information and repealing Directive 90/313/EEC

Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Directives 85/337/EEC and 96/61/EC

SECTOR DIRECTIVES

Air Quality

Directive 2008/50/EC on ambient air quality and cleaner air for EuropeDirective 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient airDirective 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 93/12/EEC as amended by Directives 2000/71/EC, 2003/17/EC and 2009/30/EC and Regulation (EC) 1882/2003Directive 1999/32/EC on reduction of sulphur content of certain liquid fuels and amending Directive 93/12/EC as amended by Regulation (EC) 1882/2003 and Directive 2005/33/EC*Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations as amended by Regulation (EC) 1882/2003Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

4

SECTOR DIRECTIVES

Waste and Resource Management

Directive 2008/98/EC on wasteDirective 1999/31/EC on the landfill of waste as amended by Regulation (EC) 1882/2003

Directive 2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC

SECTOR DIRECTIVES

Water Quality and resource management,

including marine environment

Directive 2000/60/EC establishing a framework for Community action in the field of water policy as amended by Decision No 2455/2001/EC

Directive 2007/60/EC on the assessment and management of flood risksDirective 2008/56/EC Directive establishing a framework for Community action in the field of marine environmental policy

Directive 91/271/EEC on urban waste water treatment as amended by Directive 98/15/EC and Regulation (EC) 1882/2003

Directive 98/83/EC on quality of water intended for human consumption as amended by Regulation (EC) 1882/2003

Directive 91/676/EC concerning the protection of waters against pollution caused by nitrates from agricultural sources as amended by Regulation (EC) 1882/2003


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SECTOR DIRECTIVES

Nature protection

Directive 79/409/EEC on protection of wild birds as amended by Directives 81/854/EEC, 85/411/EEC, 86/122/EEC, 91/244/EEC, 94/24/EC, 97/49/EC, 2006/105/EC and Regulation (EC) 807/2003Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora as amended by Directive 97/62/EC, 2006/105/EC and Regulation (EC) 1882/2003

SECTOR DIRECTIVES

Industrial pollution and

industrial hazards

Directive on industrial emissions 2010/75/EU (IED)

Directive 96/82/EC on the control of major accident hazards involving dangerous substances as amended by Directive 2003/105/EC and Regulation (EC) 1882/2003

SECTOR DIRECTIVES Climate change and protection of the ozone layer

Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96/61/EC as amended by Directive 2004/101/EC.Regulation (EC) 842/2006 on certain fluorinated greenhouse gases

Regulation (EC) 2037/2000 on substances that deplete the ozone layer as amended by Regulations (EC) 2038/2000, (EC) 2039/2000, (EC) 1804/2003, (EC) 2077/2004, (EC) 29/2006, (EC) 1366/2006, (EC) 1784/2006, (EC) 1791/2006 and (EC) 2007/899 and Decisions 2003/160/EC, 2004/232/EC and 2007/54/EC


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Regulation no. 571 of the Ministry of Ecology and Natural Resources – on preparation of baseline environmental plan for adaptation of Ukraine's legislation to the European Union (legal

aspects)

Cabinet of Ministers of Ukraine, Ordinance on March 28, 2012 № 156-p - on approval of National Program Adaptation of Ukraine

EU legislation

Legal Basis

Baseline plan for adaptation of environmental legislation of Ukraine to the legislation of the European Union (Baseline

approximation plan) was approved by Order of the MENR No. 659 of December 17, 2012

December 2010, the European Commission and the Ukrainian Government signed a Financing Agreement by which both sides

are committed to implement Environment Sector Budget Support Programme (35.0 M€)

Overview of the legislation in environment and Baseline Harmonisation Plan Program for law making activities targeted towards facilitation of the environmental authorization system and implementation of a single window system prepared with

support of SIDA

TA for SBS in Environment – Component 5 provides support on elaborating plan for convergence of environmental legislation to

EU regulations

MENR – main coordinator convergence process

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Elements of Planning Convergence

Transpositionincorporation of EU environmental legislation into national laws, rules

and procedures

Transposition

Implementation

Enforcement

Investments

Costs of compliance

Funding

99


Implementation development of institutions,

human resources development, management systems etc.

Transposition

Implementation

Enforcement

Investments

Costs of compliance

Funding

101010

Elements of Planning Convergence Transposition

Implementation

Enforcement

Investments

Enforcement

provision of the necessary control and sanctions system to ensure

compliance with the implemented measures

Costs of compliance

Funding

11111111

Elements of Planning Convergence Transposition

Implementation

Enforcement

Investments

Investments Undertakings in infrastructure

projects to achieve environmental standards

Costs of compliance

Funding

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SECTOR DIRECTIVES Main Investment Components

Investment in MLN Euro

Air quality

Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 93/12/EEC as amended by Directives 2000/71/EC, 2003/17/EC and 2009/30/EC and Regulation (EC) 1882/2003

costs are closely tied to predictions of the use of trucksand other vehicles with diesel engines

Waste

management

Directive 1999/31/EC on the landfill of waste as amended by Regulation (EC) 1882/2003

new landfill construction, closing of old landfills,collection/sorting systems, incineration plants

Water Management

Directive 98/83/EC on quality of water intended for human consumption as amended by Regulation (EC) 1882/2003

construction of iron removal plants, drinking watersupply systems

Directive 91/676/EC concerning the protection of waters against pollution caused by nitrates from agricultural sources as amended by Regulation (EC) 1882/2003

training, construction of manure storage facilities

Industrial pollution and

industrial hazards

Directive on industrial emissions 2010/75/EU (IED)

SO2 reduction facilities

Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants*

end of pipe equipment for achievement of necessary emission reduction

13131313


Transposition

Implementation

Enforcement

Investments

Costs of complianace

Analysis of infrastructure and abatement equipment

Costs of compliance

Comparing directive requirements and the existing situation

Calcultaing costs of investments needed (unit costs, cost models)

Funding

14141414


Transposition

Implementation

Enforcement

Investments

Funding

Costs of compliance

Comparing demand for finance based from costing analyses, against the available funding

sources

Identify suitable financial sources and tools

Funding

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• user charges or fees• public budgets• environmental funds• foreign grants and loans• private capital

the capacity of individual users to afford service charges.

affordability

capacity of national income to support the level of expenditures required

Funding

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How di

d we o

rgan

ize th

e

proc

ess

Work of Sub-Sector/Directive Working Groups

Inter-ministerial consultations

Awareness/progress seminars

Complementary Training

Study visit to EU Member State (s)


• Environmental Governance • Air, Industrial Pollution and

climate change • Water • Waste • Industrial Pollution• Nature and GMO

Coordination with other donor projects

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Study visit to Memver State (s)


Establishing competent authorities for specific directives Reallocation of responsibilitiesCapacity builidng measures


How di

d we o

rgan

ize th

e

proc

ess

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Study visit to Member State (s)


Start up Seminar – October,2012

1st Awareness Seminar - March 2013

2nd Awareness Seminar- December 2013

Third Seminar – April, 2014


Location in the selected regions

How di

d we o

rgan

ize th

e

proc

ess

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Delivered by LTE and STEs of TA for SBS

Training delivered in harmonisation with Working Group meetings

Environmental law and requirements of the EU Directives

Experiences of new Member States


How di

d we o

rgan

ize th

e

proc

ess

2020






Study visit to EU Member State (s)

Organized by TA for SB for 10 – 15 persons

Time and country to be determined

Scope of study tour and host institution to be determined

Experiences of new Member States


How di

d we o

rgan

ize th

e

proc

ess

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Coordination with other donor

projects

SIDA Capacity Building for Approximation Process

EU Protection of freshwaters and marine environment in the wider Black Sea region

Support to the implementation of Ukraine's Energy strategy in the area of energy efficiency

and renewable sources of energy


Support to the MENR on implementation of the Law on Ecological Audit (Twinning)

How di

d we o

rgan

ize th

e

proc

ess

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TA for SBS in Environment

MENR

Project Coordinator

Independent experts

MENR Technical Departments

Team Leader

Key Expert for Legal Component

Short/Medium Term Int. and Local Experts

Wor

king

Gro

ups

Drafting Convergence Plans

Overall coordinator for strategy elaboration Legal Department

Other Ministries and Agencies

Commenting and technical input to

Convergence Plans

commenting draft

convergence plans

identyfying and

proposing activities,measures

timing for the Strategy

Project Steering Committeee TA for SBS in Environment

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29 Specific Directives

Convergence Plans

Institutional gap analysis vs requirements of the EU Directives

Action plans for transposition of legislation administrative, and institutional arrangements

Indicative cost estimates for meeting EU Directives’ requirements

Indicative investments plans and indentification of sources of funding

Action plans for administrative, and institutional arrangements

OUTP

UTS

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National Convergene Environmental Strategy endorsed -Consilidated strategy document for all sub-sectors in

environment

Convergence Plans (serving for projects pipeline development)

Partnership and interministerial coordination mechanisms established

OUTP

UTS

29 Convergence Plans - essential tools in planning the compliance with the EU Directives with identified tasks that need to be done in order to implement the specific directive

Establishing inter-ministerial consultation mechanisms for development, implementation and regular update of the

Strategy

Until the end of 2014

Improved stakeholders’ involvement and participation

EXPE

CTED

RES

ULT

S Higher efficiency of approximation to the EU

environmental acquis managed by the MENR

Strengthened institutional framework and the administrative capacity for the implementation of

the EU environmental acquis

Relevant target groups and stakeholders are aware of the EU requirements, principles and

implications of the implementation

Higher synergy of donor projects and donor coordination improved

Increased operational level of EU association planning documents

Increased efficiency in allocating resources

2 – 5 years

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Improved quality of environment

Improved health of populations

Preservation of existing biodiversity

Development green technologies and eco-business

EXPE

CTED

IMPA

CT

5 – 15 years

Improved conditions for investments and economic development

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Need to organize introductory workshop on start of the process

Nominating of the overall coordinator - MENR

Establishing Working Groups for sub-sector/Directive

Nominating the coordinators for Working Groups

Adopting the indicative timetable for the process of elaboration of the strategy

Adopting the indicative timetable for the awareness events /selection of location

Design and deliver complementary training plan

LESS

ON

S LE

ARN

T

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Importance of involvement of regional administration through the regional seminars

Stages designed according to the sub-sectors/directives

LESS

ON

S LE

ARN

T

Secured availability of both Ukrainian and international experts

Efficient management of the process of establishing and activities of Working Groups

Interim results delivered in the form of presentations and draft Convergence Pland

Stage based approach with interim results delivered (2 – 3 round of consultations)

29

Need to establish Strategy Management Unit (secretariat) providing neccessary data and securing

participation in the technical working groups

Strong project management aimed at overseeing, facilitation and coordination of work of STEs

providing inputs to elaboration of the strategy

LESS

ON

S LE

ARN

T

Quality of facilitation of the workshops and delivery of complementary training

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Commitment on planning convergence process

(National Environmental Convergence Strategy)

Committment of the main stakeholders on participation in the work on convergence plans

Committment of the main stakeholders to allocate resources neccessary in the planning process

Committment of the main stakeholders for adjustments and amendments in the current

institutional system for environmental protection and management

Regional and Local Administration should be aware about the process and involved in the planning

LESS

ON

S LE

ARN

T

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CP - essential tools in planning the implementation of EU Directives - DSCPs are living documents that

require continuous updating – need to have clear responsibilities in MENR

Clear set responsibility for implementation of each task will necesitate allocation of responsibilities

among regional and local administration

Strengthening of environmental monitoring should be planned and enforced

Administrative reform of environmental authorities should take into account the strategies and plans on

convergnce with EU legislation

LESS

ON

S LE

ARN

T

Thank you very much for your attention !

[email protected]

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