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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
2
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
3
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
Directives included in the Annex to EU Ukraine AA
5
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
Directives included in the Annex to EU Ukraine AA
6
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
8
Elements of Planning Convergence
Transpositionincorporation of EU environmental legislation into national laws, rules
and procedures
Transposition
Implementation
Enforcement
Investments
Costs of compliance
Funding
99
Elements of Planning Convergence
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
12
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
Elements of Planning Convergence
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
Elements of Planning Convergence
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
15
• 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
16
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)
Work of Sub-Sector/Directive Working Groups
• Environmental Governance • Air, Industrial Pollution and
climate change • Water • Waste • Industrial Pollution• Nature and GMO
Coordination with other donor projects
1717
Work of Sub-Sector/Directive Working Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Memver State (s)
Inter-ministerial consultations
Establishing competent authorities for specific directives Reallocation of responsibilitiesCapacity builidng measures
Coordination with other donor projects
How di
d we o
rgan
ize th
e
proc
ess
1818
Work of Sub-Sector/Directive Working Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Awareness/progress seminars
Start up Seminar – October,2012
1st Awareness Seminar - March 2013
2nd Awareness Seminar- December 2013
Third Seminar – April, 2014
Coordination with other donor projects
Location in the selected regions
How di
d we o
rgan
ize th
e
proc
ess
1919
Work of Sub-Sector/Directive Working Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Complementary Training
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
Coordination with other donor projects
How di
d we o
rgan
ize th
e
proc
ess
2020
Work of Sub-Sector/Directive Working Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
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
Coordination with other donor projects
How di
d we o
rgan
ize th
e
proc
ess
2121
Work of Sub-Sector/Directive Working Groups
Inter-ministerial consultations
Awareness/progress seminars
Complementary Training
Study visit to Member State (s)
Coordination with other donor
projects
SIDA Capacity Building for Approximation Process
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
Coordination with other donor projects
Support to the MENR on implementation of the Law on Ecological Audit (Twinning)
How di
d we o
rgan
ize th
e
proc
ess
22
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
23
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
24
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
26
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
27
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
28
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
30
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
31
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