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EU ENPI 2007 TWINNING PROJECT FICHE Support to the Ministry for Environmental Protection of Ukraine for the Implementation of the Law on Ecological Audit

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EU ENPI 2007 TWINNING PROJECT FICHE

Support to the Ministry for Environmental Protection of Ukraine for the

Implementation of the Law on Ecological Audit

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Abbreviations CBD Convention on Biological Diversity CSP Country Strategy Paper DKI Derzhkoinspection of the MEP (State co-inspection of the MEP) DSTU National Standards of Ukraine EBRD European Bank for reconstruction and Development EIP European Investment Bank EMAS Eco Management and Audit Scheme ENP European Neighbourhood Policy ENP European Union –Ukraine Action Plan ENPI European Neighbourhood and Partnership Instrument GEF Global Environment Facility IEMA Institute of Environmental Management and Assessment IPPC Integrated Pollution and Prevention Control Directive 96/61/EC of 24 September 1996 IRCA International Registration Scheme for Certificated Auditors MEP Ministry for Environment Protection MOIPU Ministry of Industrial Policy of Ukraine MPC Maximum Permissible Concentration NCEPU New Conception on Ecological Policy of Ukraine NIP National Indicative Programme NPP Nuclear Power Plant NSE National Strategy for the Environment PCA Partnership Cooperation Agreement POPs Stockholm Convention on Persistent Organic Pollutants (POPs) PP Period of performance RTA Resident Twinning Advisor SEI State Ecological Inspection of the Ministry of Environmental Protection of Ukraine SPFU State Property Fund of Ukraine UNCCD UN Convention to Combat Desertification (UNCCD) UNDP United Nations Development Programme UNEP United Nations Environment Programme UNFCCC United Nations Framework Convention on Climate Change (UNFCCC) UNO United Nations Organisation WB World Bank

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1. BASIC INFORMATION

1.1Programme ENPI 2007

1.2 Twinning number UA09/ENP-PCA/EN/17

1.3 Title Support to the Ministry for Environmental Protection of Ukraine for the implementation of the law on Ecological Audit

1.4 Sector Environment

1.5 Beneficiary country UKRAINE Ministry for Environmental Protection of Ukraine 2/ OBJECTIVES

2-1 Overall Objective(s) Decreased level of industrial pollution 2-2 Project purpose Functioning of the Ministry for Environmental Protection of Ukraine is improved and became more effective and aligned with the best European and international practices in the implementation and enforcement of the Law ‘On Ecological Audit’ 2-3 Contribution to the National Development Plan, Partnership and Cooperation Agreement and Action Plan EU relations with Ukraine are based on a variety of agreements, the most important of which are the Partnership and Cooperation Agreement (PCA), which entered into force in 1998, and the EU- Ukraine Action-Plan adopted in 2005. PCA The Partnership and Cooperation Agreement between the European Union and Ukraine was concluded in 1994 and entered into force in March 1998. Ukraine was the first country to conclude a PCA with the European Union in June 1994. The PCA forms the legal basis of EU-Ukraine relations, providing for cooperation in a wide range of areas including political dialogue, trade and investment, economic and legislative cooperation, cultural and scientific cooperation. The parties recall the common values, including sustainable development, that they share and state their commitment to promote international peace and security as well as peaceful settlement of disputes, and agree that respect for democratic principles and human rights as well as for the

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principles of market economy underpin their internal and external policies and constitute an essential element of partnership and of the Agreement. An EU-Ukraine New Enhancement Agreement is being negotiated right now and that it contains a good environmental package. Article 51 of the PCA recognises the importance of legislative approximation for strengthening economic links between Ukraine and the EU and identifies a number of priority areas, amongst which there is the environment. Since late 2002 Ukraine, with the EU assistance, has sought to reinforce structures, planning and its approach to defining goals and tasks in pursuit of its legislative approximation programme.

Article 63 specifies ‘ The cooperation shall include among others the following areas: - the environmental impact of energy production supply and consumption, in order to Prevent or minimise the environmental damage resulting from these activities’. Article 63, is exclusively devoted to environment. It relies on the principles set down in the European Energy Charter and the Declaration of the Lucerne Conference 1993, and pleads for the strengthening of cooperation on environment and human health. This cooperation, amongst other means, is meant to arise through the improvement of laws towards Community standards. In 2004, in view of the enlargement the EU developed a new European Neighbourhood Policy (com (2003) 104 Final – Wider Europe). The central element of this European Neighbourhood Policy is the bilateral Action Plan (ENP) agreed between the EU and each partner. ENP Action Plan1 This EU-Ukraine Action Plan (ENP) was adopted on 21 February 2005 for a period of three years and will be extended for this year. Since then, implementation has been guided and monitored on the basis of annual implementation tools, which set out comprehensive sets of priorities and timelines for 2005 and 2006, based on the political priorities agreed jointly by the EU and Ukraine. The action Plan provides a comprehensive and ambitious framework for work with Ukraine, identifying all the key areas of reform. The EU-Ukraine Action Plan, in its chapter on environment, numeral (60) on environment, sets as priorities:

To take further steps towards the completion of administrative structures and procedures to ensure strategic planning of environment issues and coordination between relevant actors ;

Take steps to ensure that conditions for good environmental governance are set and start implementing them.

Numeral (61) underlines the need to enhance administrative capacities including those for permitting as well as for enforcement and inspections.

Country Strategy Paper The Country Strategy Paper (CSP) for Ukraine covers the period 2007-2013. Assistance to Ukraine over that period will principally be provided under the new European Neighbourhood and Partnership Instrument (ENPI) which is being established to promote the development of an area of prosperity and good neighbourliness between the European Union and the partner countries covered by the European Neighbourhood Policy. It has been developed in close consultation with the Ukrainian

1 Regulation (EC) N° 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument

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authorities and fully reflects national priorities, Member States, other donors and civil society organisations were consulted during the drafting process. EU assistance over the period covered by this strategy will therefore aim to at supporting Ukraine’s ambitious reform agenda on the basis of the policy objectives defined in the PCA and the EU-Ukraine Action Plan of February 2005. National Indicative Programme The National Indicative Programme (NIP) for 2007-2010 translates this into support for three priority areas: Democratic development and good governance Regulatory reform and administrative capacity building Infrastructure development in particular in the transport, energy and environment sectors

ENP Progress Report After the restructuration of the Ministry of Environmental Protection at the end of 2005, a major challenge is to strengthen administrative implementation capacity at national, regional and local level.

3 / DESCRIPTION

3-1 Background and justification

3-1-1 State of environment The key environmental issues in Ukraine relate to air quality, water quality, waste management, nature protection and radiation contamination in the north-eastern part of the country. Air pollution is becoming a health and social problem. With regard to water quality, Dnipro, which supplies three quarters of Ukraine’s fresh water is heavily polluted. The Crimea suffers from water supply shortages. International cooperation to address environmental concerns in the Azov Sea and the Black Sea areas need to be enhanced. Existing waste water collect and treatment infrastructure needs to be upgraded and new capacity constructed. Waste management is a serious problem, including prevention, collect treatment, recovery and final disposal. Large amounts of hazardous waste have been generated, in particular mining waste. Industrial pollution is a challenge in view of historical pollution sources and the inefficient use of resources as well as emissions into air, water, and the waste generated by the industrial installations. As regards global environment issues, Ukraine has shown keen interest in climate change, in particular the possibilities to use the flexible mechanisms under the Kyoto protocol, which Ukraine ratified in April 2004. Ukraine has entered into a binding commitment to freeze its greenhouse gas emissions as the 1990 reference level by 2008-2012, and therefore needs to implement the relevant provisions of the Protocol. 3-1-2 Environment policy In 1998 Ukraine drafted a National Strategy for the Environment (NSE) to cover the period 1998-2008. It was amended in 2003 and has been the basis for developing sectoral programs on key environment issues such as environment safety (including nuclear energy), drinking water and construction or rehabilitation of water facilities, prevention of deterioration of the Black Sea, sustainable management of natural resources, environment technologies and protection of biological and landscape diversity. Main statements of NSE are still valid, but in general it does not respond to current needs. The underlying reasons are that, on one hand, since 1998 major changes have been occurred at the international level

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in the area of ecological strategies development and, on the other hand, significant advances in economic activities have been taken place in Ukraine. All abovementioned have determined a need for elaboration and approval of National Conception on Ecological Policy of Ukraine (NCEPU) for the Period up to 2020 in 2007. The need for reorientation of efforts on the policy development and its practical implementation, improvement and approximation of environmental legislation of Ukraine in line with European Laws, strengthening of institutional potential of environmental activities and creation of effective mechanisms of ecological policy was emphasized by new Conception. Thus, ecological audit has been identified as one of the instruments of national ecological policy.

3-1-3 Environmental legislation and implementation Ukraine adopted the Framework Law on Environment protection in 1991. Since then it has adopted several legislative acts to aim at convergence with the EU acquis to improve environmental protection. With regard to horizontal issues, the Ukrainian legislation contains provisions on environmental impact assessment, but these are not always implemented and enforced. Concerning access to information and public participation, Ukraine has been seeking to incorporate the provisions of the Aarhus Convention into the national legislation (co annex 3) A draft law aiming at integrating environmental considerations into all sectored policies is under consideration.

Overall, environment legislation is in place in most areas but still needs further development. In particular implementing legislation is not yet fully developed and applied. Ukraine faces difficulties with implementation and enforcement legislation due to limited administrative capacities and financial resources, especially at regional and local levels.

3-1-4 The Law on Ecological Audit

The recent law ‘On Ecological audit’ has the purpose to favour the improvement of the environmental standards of the economic activities. It is expected that the law will have a positive impact:

- on the transition to and the implementation of the international standardisation, in particular the ISO 14001 standard

- on the general improvement of the state of the environment in Ukraine

The list of approved state targeted programmes for which the Ministry of Environmental Protection is a public contractor as of December 2007

1. National Programme of Ecological Enhancement of Dnieper River Basin and Improvement of the Quality of Drinking Water

2. Nationwide Programme for the Development of Ukraine’s National Ecological Network for the Period of 2000-2015

3. Nationwide Programme of Protection and Recreation of Environment of Azov and Black Seas 4. The Programme for the Implementation of the Convention on the Prohibition of the Development

Production, Stockpiling and Use of Chemicals Weapons and on Their Destruction for the Period of 1999-2008

5. State Scientific and Technical Development Programme of Topography & Geodesy Activities and National Cartography for the Period of 2003 – 2010

6. Integrated National Programme on Realization of Resolutions of the World Summit on Sustainable Development for the Period of 2003 - 2015

7. The Programme on Termination of Production and Usage of Ozone Destructive Substances 8. Integrated Programme on Landslide Prevention for 2005 – 2014 9. Nationwide Development Programme of Minerals & Raw Materials Base of Ukraine for the Period up

to 2010 10. State Targeted Ecological Programme of Carrying Out Environmental Monitoring

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The law ‘On Ecological Audit’, which was adopted in 2004, is a new instrument and its implementation and enforcement are new activities for the Ministry for Environmental protection of Ukraine and its staff the same way as it is for ecological auditors, who are lacking practical experiences in carrying out ecological audits. Therefore there is a strong need to support the development and implementation of methodologies and procedures in training of both ministerial staff and ecological auditors. The Law ‘On Ecological Audit’ is meant to improve ecological standards of economic activities. The provision of compliance with ecological requirements in the course of privatization of state property objects, another change of form of ownership, change of respective owners, and also for the needs of ecological insurance, in case of transfer of objects of state or communal property into long-term lease, in concession, creation on the base of such objects of joint enterprises, development, functioning and certification of environmental management systems and also exercising of economic and other activities. It is expected that this Law will have a positive environmental impact in Ukraine. 3-1-5 Urgent questions, dealt with implementation of ecological audit in Ukraine Urgent questions are the following: • Incompleteness of ecological legislation about ecological audit; • Incompleteness of techniques of identification of pollution of soil, water, air and other normative and

methodological documents; • Absence of the database as for the best innovative technologies; • Incompliance of terminology, which has been used in the Law ‘On Ecological Audit” and in State

Standard of Ukraine (SSU); • Incompleteness of the certification procedure for ecological auditors; • Low awareness of interested parties in ecological audit. 3-1-6 EU legislation, which is directly connected to ecological audit

Commission Decision of 19 November 2007 on the recognition of certification procedures in accordance with Article 9 of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and repealing Decision 97/264/EC (notified under document number C(2007) 5291) (1)

Commission Recommendation (EC) No 2003/532/EC of 10 July 2003 on guidance for the implementation of Regulation (EC) No 761/2001 (7/9/2001) of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) in terms of selection and use of environmental performance indicators (notified under document number C(2007) 2253) (formulated by BA)

Commission Recommendation (EC) 680/2001 of 7 September on guidance for the implementation of Regulation (EC) No 761/2001 (7/9/2001) of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (notified under document number C(2001) 2503)

Commission Decision of 16 April 1997 on the recognition of the international standard ISO 14001:1996 and the European standard EN ISO 14001: 1996, establishing specification for environmental management systems, in accordance with Article 12 of Council Regulation (EEC) No 1836/93 of 29 June 1993, allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme (Text with EEA relevance) (97/265/EC)

Commission Decision of 16 April 1997 on the recognition of certification procedures in accordance with Article 12 of Council Regulation (EEC) No 1836/93 of 29 June 1993, allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme (Text with EEA relevance) (97/264/EC)

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3-2 Linked activities: Linked activities at a national level State programmes In article 6 of the Law of Ukraine on ‘Environmental Protection’ is stated that the state targeted, interstate, regional, local and other territorial programs have been elaborated and adopted to carry out effective and committed activities of Ukraine for organization and coordination of actions regarding environmental protection, assuring ecological safety, rational usage and recreation of natural resources. The state targeted programmes, which support the development of environmental policies and regulations, include:

• 10 ecological programs (as of January 2008) administered directly by the Ministry of Environmental Protection;

• 22 targeted ‘environment-related’ programmes (as of second half of 2007) that are managed by other government bodies in cooperation with the Ministry of Environmental Protection. Regulatory and Legal Framework In line with the Law of Ukraine ‘On ecological audit’ the MEP conducts certification for granting the right to carry out ecological audits, keeps the register of ecological auditors and legal entities, which are having a right for carrying out ecological audits, informs about its activities in that particular area of involvement and regulatory/legal acts related to ecological audit via MEP web-site. Major constituencies of methodological provision for organization of the ecological audit activities and carrying out ecological audits became the following Regulations elaborated by MEP: • Regulations on keeping the register on ecological auditors and legal entities, which are having a right

for carrying out ecological audits; • Regulations on certification of ecological auditors. Methodological recommendations for the preparation, administration and execution of the report on ecological audit were elaborated by MEP approved by the State Property Fund and Ministry of Industrial Policy with the purpose of providing methodical assistance for ecological auditors. Linked activities at the international level The International Conference on Air Protection took place in December 2007. One of the main sessions of that Conference was entitled ‘Ecological Audit: current status and perspectives’. The questions of current status and perspectives of ecological audit and, in particular, its legal framework as well as the necessity of international cooperation in that area were discussed. The questions of ecological audit were reviewed within the frames of several projects. Thus, in 2002 a Tacis project on implementation of environmental management standard ISO 14001 for Ukrainian enterprises was launched and carried out its activities till 2004. Consultations and technical assistance in improvement of environmental management practices and certification were provided to pilot enterprises within the frame of the Tacis project. During last five years questions of modernization and increased safety level of Ukrainian Khmelnitskiy and Rivnenskiy nuclear power plants (NPPs) have been considered and financial support in carrying out an ecological audit at the NPP was provided by the European Bank for Reconstruction and Development (EBRD). It is also worth mentioning the project ‘Reform of Legal Framework and Enhancing Institutional Capacity for Environmental Permitting in Ukraine’ (IDF grant TF055860), concerning the implementation of the ‘Integrated Pollution and Prevention Control’ (IPPC) Council Directive 96/61/EC of 24 September 1996, which is led by the Ukrainian Environmental Technology Centre and with financial support from the World Bank Group.

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The specific outputs of the project are:

drafting Government program establishing an inventory and electronic database of installations drafting primary and secondary permitting legislation developing procedural guidelines developing and publishing pilot technical guidance notes training on integrated environmental permitting organizing stakeholders consultations and information

This project has been implemented for the period of 2007-2008. National strategy on Environmental Protection for the Period of 1998 – 2008 laid the foundation for the development of sectoral programs with the goal of approximation to the EU requirements. Ukraine is a member of the Danube – Black Sea Programme. Recently, a EU Tacis project ‘investment Fund in the Black Sea’ has been implemented in Ukraine. Respective international and regional environmental conventions have been ratified by Ukraine, in particular Stockholm Convention on Persistent Organic Pollutants. EU-Ukraine working group on Climate Change had its first meeting in 2002. The Ukrainian parliament ratified the Kyoto Protocol in February 2004. MEP is taking an active part in numerous conferences, seminars, trainings, projects and study tours, organized by the Council of Europe, European Union (including European Investment Bank (EIB) and EBRD), World Bank and United Nations Organisation (UNO) (UNEP, UNDP and others). Many projects are under development:

- Restoration of forests (Global Environment Facility (GEF)2, World Bank) - Azov-Black Sea Biodiversity Conversation (GEF, WB) - Hydropower Rehabilitation Proto-carbon Finance (GEF, WB) - Greening Industrial Modernization Project (WB).

3-3 Results Result A. Improved and refined legal and methodical base for carrying out ecological audits. Result B. Improved system of certification and accreditation of ecological auditors.

Result C. Enhanced professionalism and increased awareness of all involved parties, including NGOs, in ecological audit

. 3-4 Activities To achieve the abovementioned Results it is recommended to implement the following indicative activities: Result A. Improved and refined legal and methodical base for carrying out ecological audits. Objectively Verifiable Indicators for the achievement of the Result A:

1. The Law of Ukraine ‘On Ecological Audit’ and other regulatory acts regarding audit are amended in accordance with international best practices. 2 GEF is is a designated financial mechanism for a number of multilateral environmental agreements (MEAs) or conventions; as such the GEF assists countries in meeting their obligations under the conventions that they have signed and ratified. GEF is a ‘financial mechanism’ of four conventions: • Convention on Biological Diversity (CBD) • United Nations Framework Convention on Climate Change (UNFCCC) • Stockholm Convention on Persistent Organic Pollutants (POPs) • UN Convention to Combat Desertification (UNCCD)

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2. Existing methodological brochures/manuals are updated using the checklist of waste/emission/discharge, representative for different industries, and include recommendations for the prevention and control of pollution. They are utilized in the practice.

3. The legal terminology is harmonised with National Standards of Ukraine (DSTU) and with the internationally acceptable approaches.

4. Lists and indicators of pollution of soil/water/air are adapted in harmony with international practice.

5. The laboratory of DKI is equipped with the necessary laboratory equipment and reagents in accordance with the previously elaborated list and functioning and accredited for performing analysis. A/Activities 1.1 The preparation of the draft amendments to the Law of Ukraine ‘On Ecological Audit’, other

regulatory acts regarding audit in accordance with international best practices This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert in International and European environmental legislation (1 expert), with PP – 60 days (1x4x15) The overall PP considered for that activity is 60 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 1.2 Adaptation of current methodological brochures/manuals: • waste/emission/discharge: recommendations for the prevention and control of this pollution; elaboration of the access checklist for the sources of information: • ecological standards, databases • innovative technologies for wash-out/decrease of waste/emission/discharge This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert, who possesses an expertise in waste/emission/discharge creation in air, soil and water

respectively and familiar with purification technologies (1 expert), with PP – 30 days (1x2x15) • expert, who possesses a practical experience in carrying out ecological audits (1 expert), with PP –

30 days (1x2x15) • expert in International and European environmental legislation (1 expert), with PP – 30 days (1x2x15) The overall PP considered for that activity is 90 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 1.3 Harmonisation of legal terminology with National Standards of Ukraine (DSTU) and with internationally acceptable approaches: • with regard to the identification of the phases of ecological audit:

legislative compliance

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territories assessment for the level of pollution choice of technologies and performance of purification works for soil/ground water integration of labour safety aspects and healthcare while carrying out a comprehensive

audit This activity will be performed by the expert/s with the following period for performance (PP) (number of persons x number of trips x number of days): • expert in elaboration of ecological regulatory actions and standardisation (2 experts) with PP – 80

days (2x2x20) The overall PP considered for that activity is 80 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 1.4 Analysis of current situation and elaboration of proposals for adaptation of harmonised in accordance with international practices lists and indicators of pollution of soil/water/air. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert in elaboration of ecological regulatory actions and standardisation (1 expert), with PP – 30

days (1x2x15); • expert, who possesses an expertise in waste/emission/discharge creation in air, soil and water

respectively and familiar with purification technologies (2 experts), with PP – 60 days (2x3x10); The overall PP considered for that activity is 90 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 1.5 Analysis of current situation and elaboration of the list of necessary laboratory equipment for Derzhkoinspection (DKI) laboratory of the MEP. Equipping of the DKI laboratory with necessary laboratory equipment and reagents in accordance with the previously elaborated list. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert from laboratory for sampling and analysing air, water and soil samples (1 expert), with PP – 25

days (1x5x5) The overall PP considered for that activity is 25 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation. To perform this activity it will be necessary to procure laboratory equipment and reagents for express analysis. Result B. Improved system of certification and accreditation of ecological auditors. Objectively Verifiable Indicators for the achievement of the Result B:

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1. A possibility of mutual recognition of certificates for ecological auditors is explored. 2. Proposals are developed regarding the possibilities of improving existing certification system up to the level to become eligible for international accreditation. 3. An international conference, organized by the Twinning partners and financed exceptionally by the Twinning projects justifies the prospect of creation of Ukrainian certification and accreditation system which is in line with international best practices. B/Activities: 2.1 Carrying out a series of consultation meetings with the representatives of international organizations, which are actively involved in preparation and certification of ecological auditors at the international level – IEMA (London) and IRCA (London) as for the possibility of mutual recognition of certificates. It is foreseen an organization of 1 study tour for 6 persons for 5 days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services for 5 days. 2.2 Carrying out an analysis on current European procedures, examining of current situation at the national level and elaboration of proposals as for the possibilities for improving existing certification system up to the level, which allows to become eligible for accreditation at the international register systems of auditors. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert, who possesses an expertise in accreditation of organizations, which are executing the

certification of ecological auditors and in certification of ecological auditors (1 experts) with PP – 20 days (1x2x10)

The overall PP considered for that activity is 20 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 2.3 Organization of the international conference in Ukraine with participation of experts and/or representatives of international associations of auditors during which the questions of creation of harmonised in accordance with international approaches, system of certification and accreditation on the basis of accredited research/educational institutions will be considered. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert, who possesses an expertise in accreditation of organizations, which are executing the

certification of ecological auditors and in certification of ecological auditors ( 1 expert) with PP – 5 days (1x2x5)

• expert in International and European environmental legislation (1 experts), with PP – 5 days (1x2x5) The overall PP considered for that activity is 20 man/days.

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To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services for 10 days. To perform this activity it will be necessary to foreseen a financial support from the respective EU programme funds (Annex A, Twinning Contract and Other Relevant Annexes, Annex 7. Special Financial Annex, 3.4.1 Training in the BC, p.87 re infrastructure facilities).

Result C. Enhanced professionalism and increased awareness of all involved parties, including NGOs, in ecological audit

Objectively Verifiable Indicators for the achievement of the Result C: 1. A minimum of 25% increased number of Ukrainian specialists who are well-trained in all questions of ecological audit, certification and accreditation by the end of the Twinning project as compared with the baseline statistics prepared at the start. 2. A significantly increased level of available information about ecological audits and their results. 3. MEP professionals became competent regarding innovative technologies of waste/emission/discharge abatement. C/Activities: 3.1 Organization of a series of training seminars in ecological audit for getting acquainted with international experience in relation to ecological audit in the course of decision making regarding financing/crediting of environmental actions. Seminar 1 – for representatives of MEP, Cabinet of Ministers of Ukraine, Committee on Environmental Policy, Use of Natural Resources and Elimination of Consequences of Chornobyl Disaster of Verkhovna Rada of Ukraine, State Property Fund and Ministry of Industrial Policy of Ukraine. Seminar 2 – for representatives of public entities, local administrations, local self-government bodies, professional associations of industrialists or employees of some enterprises, environmental NGOs and others. It is foreseen to carry out 2 of the abovementioned seminars. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert in International and European environmental legislation (2 experts), with PP – 20 days (2x5x2) The overall PP considered for that activity is 20 man/days. (see the Budget as of 22 April 2009) To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. 3.2 Organization of two study tours to become acquainted with innovative technologies related to purification/decrease of waste/emission/discharge and with the work of ecological laboratories. It is foreseen an organization of 1 study tour for 6 persons for 5 days and 1 study tour for 6 persons for 5 days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services for 10 days.

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3.3 Creation of information database on the results of compulsory audits, in particular those, which are financed from state budget and ensuring an access to the information. This activity will be performed by the expert/s with the following period for performance (PP) ( number of persons x number of trips x number of days ): • expert, who possesses a practical experience in carrying out ecological audits (1 person) with PP – 30

days (1x2x15); • expert in communication and public relations (1 expert) with PP – 20 days (1x2x10); The overall PP considered for that activity is 50 man/days. To perform this activity it will be necessary to foreseen the usage of translation of documentation and interpretation services. To perform this activity it will be necessary to foreseen the procurement and usage of software. 3/5 Means/Input from the MS Partner-Administration: 3.5.1 Profile and tasks of the Project Leader 3.5.1.1 Profile of the Project leader He/she is a senior long-term civil servant from a Member State with preferably 15 years of professional experience in the field of international environmental legislation or environmental audit and certification or relevant to the environmental audit activities. He/she has university degree in environmental law or other relevant environmental sectors. He/she has experience in the field of project management and institutional capacity building issues 3.5.1.2 Tasks of the Project leader The tasks of the project leader will be:

To assure the overall coordination of the project To lead the project activities To manage team of experts and coordinate multipurpose activities To ensure coordination of project activities with MEP To facilitate coordination of activities between EU MS organizations and Ukraine and effective

information exchange/flow To achieve the mandatory results of the twinning project

He/She should be fluent in English. It would be an added value that he/she has a good knowledge of Ukrainian and/or Russian. 3.5.2 Profile and tasks of the Resident Twinning Advisor (RTA) 3.5.2.1 Profile of the RTA The RTA is a senior civil servant or equivalent staff with a strong knowledge and preferably 10 years of experience in the fields of implementation and enforcement of environmental acquis at the executive level. He/She has professional expertise in audit and institutional capacity development, activity planning, needs assessment and training development.

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He/She has good experience in organization and will assure that the partners involved in the twinning will have a leading role regarding the specific tasks of the project. He/She has the capability to conduct complex activities on international and local issues, defining the role and structures in assessing current and future linkages between the MEP and the other bodies. He/She should have permanent link with the backstopping institution he/she originates from and the body in his/her country dealing with the subjects concerned to ensure the condition that the approach that is to be implemented is fitting currently with that of on EU corresponding body. He/She should be able to manage a team of experts and to coordinate multipurpose activities. He/She should be fluent in English. It would be an added value that he/she has a good knowledge of Ukrainian and/or Russian. 3.5.2.2 Tasks of the RTA The main functions and tasks of the RTA would be as follows:

to coordinate day to day participation of the MEP in the activities related to Ecological Audit law implementation;

to train the staff of the MEP and to improve their duties regarding institutional capacities; to assure the development and implementation of a wide training program aimed to increase

and consolidate capabilities of the Ministry, other institutions and the auditors regarding to the implementation of the Ecological Audit legislation;

to facilitate the coordination between EU member state and Ukraine and to ensure information and know-how transfer/flow between them in most efficient way

The RTA assistant will be recruited and funded by the project. He/she will be of Ukrainian nationality and be working together with the RTA the whole duration of the project. The RTA assistant will provide logistical/administrative support, technical translation and interpretation services to the RTA to facilitate the implementation of the Twinning project activities and assist in the preparation of working documents, organization of seminars, trainings and study tours. The profile of the RTA assistant will be specified by the RTA and the RTA-Counterpart who will proceed to his/her recruitment following the provisions of the Twinning Manual 3.5.3 Profile and tasks of the short-term experts

- 2 short-term experts on international and European environmental legislation Activities 1.1, 1.2, 1.3, 3.1 He/she has a university degree in environmental law and a perfect knowledge of European directives in the scope of industrial environment. He/she has preferably 5 years of professional experience in environmental law. He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated. The specific tasks for this expert will be:

to prepare the amendment of the law in cooperation of the beneficiary country representatives

to organize seminars and conferences ability to organize and to carry out training seminars/sessions

- 2 short term experts on accreditation and certification (possesses an expertise in accreditation of

organizations, which are executing the certification of ecological auditors, and on certification of ecological auditors)

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Activities 2.2, 2.3 He/she has a university degree in environmental management He/she have preferably 5 years of professional experience in the area of international certification He/she should demonstrate the knowledge of rules/procedures according to which European accreditation institutions are operating He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for these experts will be:

to prepare documentation in training, certification, accreditation and continuous learning of ecological auditors;

to precise all necessary registers; to organize and carry out seminars and conferences to organise and carry out training sessions

- 1 short term expert on ecological audit (who possess a practical experience in carrying out

ecological audits) Activities 1.2, 3.3 He/she has a respective educational background to be qualified as ecological auditor He/she have preferably 3 years of professional experience in carrying out ecological audits and to possess a certificate of ecological audit, which is internationally recognized He/she should demonstrate the knowledge of rules according to which European auditors are operating He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for that expert will be:

to carry out an analysis of existing procedures for carrying out ecological audits and to elaborate proposals for their improvement;

to formulate proposals as for introducing amendments for the Law ‘On Ecological Audit’; to organize workshops

1 short term expert on elaboration of ecological regulatory actions and standardisation Activities 1.3, 1.4 He/she has a respective educational background as for ecological regulatory actions and standardisation He/she have preferably 3 years of professional experience in ecological regulatory actions and standardisation He/she should demonstrate the knowledge of rules according to which European auditors are operating He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for that expert will be:

to elaborate proposals and to prepare documentation on harmonization of the terminology of environmental legislation, norms and standards;

to demonstrate knowledge of norms and standards for most environmentally hazardous industries

to prepared reports/documentation 2 short term experts, who possess an expertise in waste/emission/discharge creation in air, soil and water respectively and familiar with purification technologies Activities 1.2, 1.4

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He/she has a university degree in environmental protection He/she have preferably 5 years of professional experience in environmental protection He/she should demonstrate the knowledge in production/industrial sphere of waste/emission/discharge creation in air, soil and water respectively He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for these experts will be:

To elaborate proposals and to prepare reports as for emissions in air, knowledge on norms and standards, to elaborate recommendations on pollution prevention;

To elaborate proposals and to prepare reports as for pollution of soil, knowledge on norms and standards, to elaborate recommendations on pollution prevention;

To elaborate proposals and to prepare reports as for discharges in water, knowledge on norms and standards, to elaborate recommendations on pollution prevention;

To carry out consultations/recommendations as for innovative technologies for purification/decrease of waste/emission/discharge;

To carry out consultation on databases creation 1 short term expert from laboratory for sampling and analysing air, water and soil samples Activities 1.5 He/she has a technical education He/she have preferably 5 years of practical experience in sampling and analysing air, water and soil samples He/she should demonstrate the knowledge of procedures according to which the specialists laboratory for sampling and analysing samples are operating He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for that expert will be:

To analyse existing procedures and to elaborate proposals as for sampling and analysing samples in line with international approaches;

To facilitate procurement of necessary laboratory equipment and reagents for conducting express analysis

1 short term expert in communication and IT Activities 3.3 He/she has a technical education – information technologies (IT) or its equivalency He/she have preferably 5 years of practical experience in database creation He/she should be fluent in English Knowledge of Russian or Ukrainian will be appreciated The specific tasks for that expert will be:

To create database: programming and design To carry out consultations as for navigating/usage/maintenance of databases

4/ INSTITUTIONAL FRAMEWORK

The responsible Institution in the Beneficiary Country is:

Ministry of Environmental Protection of Ukraine Ul. Uritskogo, 35 Kyiv, 03035 Ukraine The contact person at the MEP for the twinning project is: Nadiya Makarenko

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Tel.: + 38 (044) 2063109 E-mail: [email protected] Natalia Fedchik Tel.: +38 (044) 2063150 E-mail: [email protected] The twinning focal point is: Tetyana Gerasimenko Tel.: +38 (044) 2063109 E-mail: [email protected] 5/BUDGET 1.050.000,00 EUR 6/IMPLEMENTATION ARRANGEMENTS 6.1 Implementing Agency Oleksander Klitko Project Manager Delegation of the European Commission to Ukraine 10, Kruhlouniversytetska St, Kyiv, Ukraine 01024 Tel: + 38 (044) 3908010 Fax: + 38 (044) 2534547 e-mail : [email protected] PAO will support the twinning project implementation process together with the EC. Tetyana Kovtun Director Twinning Programme Administration Office 15, Prorizna St., Kyiv, Ukraine 01601 Tel.: +38 (044) 2783650 Fax: +38 (044) 2785191 E-mail: [email protected] 6.2 Main counterpart in the BC Ministry of Environmental Protection of Ukraine : 35, Uritsky Street 03035 Kyiv Ukraine Project Leader Lyzun Stepan First Deputy Minister Tel.: + 38 (044) 2063128 Fax : + 38 (044) 2063129 E-mail: [email protected] RTA counterpart: Lyzun Stepan First Deputy Minister Tel.: + 38 (044) 2063128 Fax : + 38 (044) 2063129

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E-mail: [email protected] RTA counterpart: Oleksiy Zaivenko Head of Strategic Planning Department, Scientific Consultant Tel.: + 38 (044) 2063325 Fax: +38 (044) 2063112 E-mail: [email protected]

[email protected]: 6.3 Contracts Only one Twinning contract is foreseen for this project. 7. IMPLEMENTATION SCHEDULE

7-1 Launching of the calls for proposals: June 2009 7-2 Start of project activities: March/April 2010 7-3 Duration of the Action’s implementation period: 21 months (the period includes activities

implementation period – 18 months plus three months for start-up and completion of activities).

8. SUSTAINABILITY The beneficiary administration of the Ministry of Environmental Protection of Ukraine pay adequate attention to the further improvement of the general public administration framework (Public administrative reform agenda) so that the Twinning results will not be undermined by systemic failings in the beneficiary administration. Twinning partner by having a relevant personnel and other resources necessary for the implementation of project activities has to facilitate the elaboration and enforcement of amendments to the Law of Ukraine ‘On Ecological Audit’ for the achievement of the mandatory results of the twinning project. The other key moment for ensuring the sustainability of the project’s results is the involvement of the representatives of public administrations at different levels, professional associations of industrialists or employees of some enterprises, environmental NGOs, universities, consumer’s association, qualified experts in project’s activities implementation process. For maintaining interest and motivation high participation rate in project’s activities and access to the relevant information will be maintained. 9. CROSSCUTING ISSUES 9.1Equal Opportunities The European Community has a number of policies, guidelines and declarations that explicitly call for the mainstreaming of gender in EU actions. Hence, each Twining Partner is required to comply with the equal opportunities requirements. Equal opportunity principles and practices will be adopted to ensure equitable gender participation in the project. Male and female participation in the project will be based on the relevant standards of the EU and will assure by official announcements published to recruit staff needed for the project. The main criteria for recruitment of the RTA and STE will be based on appropriate qualifications and experience regardless of gender.

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9.2 Environment The project will have no negative impact on the environment. On the contrary, the investment will be carried out to improve the quality of environment. Equipping of the Derzhkoinspection (DKI) laboratory of the MEP with necessary laboratory equipment and reagents will facilitate the execution of compulsory ecological audits and the formulation of investment commitments in the process of privatization. 10. CONDITIONALITY AND SEQUENCING The indicative implementation chart of project’s activities for the achievement of three mandatory results is presented in the Annex 2 ‘Detailed implementation chart’. It should be emphasized that all three components are building up an integrated system and timely completion of all planned project’s activities will help to resolve effectively most of issues dealt with the enforcement of the Law of Ukraine ‘On Ecological Audit’. In the course of implementation of project’s activities under Component A the existing drafts amendments for the Law of Ukraine ‘On Ecological Audit’ and experiences from implementation of Component C will be taken into consideration. A close coordination with the implementation of the IPPC Directive project should be ensured. It also should be mentioned, that a set of proposals for carrying out projects activities under Component B will be elaborated as a result of implementation of those under Component C. ANNEXES TO PROJECT FICHE

1. Logical Framework Matrix 2. Detailed Implementation Chart 3. List of Relevant Laws and Regulations

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ANNEX 1

Logical Framework Matrix

Programme name:

Support to the Ministry of Environmental Protection of Ukraine for the implementation of the Law on Ecological Audit

Programme no.: UA09/ENP - PCA/EN/17

Country: Ukraine

Total budget 1.050.000 EUR

Intervention logic Objectively verifiable indicators Sources of Verification Assumptions

Overall objective:

Decreased level of industrial pollution The level of industrial pollution decreased on the whole country at least by 30% on a 5 year basis

• International sources, such as e.g. the European Environment Agency reports about the state of environment in Europe, including Ukraine

• Annual reports from the Ministry for Environmental Protection (MEP)

Project purpose:

Functioning of the Ministry for Environmental Protection of Ukraine is improved and became more effective and aligned with the best European and international practices in the implementation and enforcement of the Law ‘On Ecological Audit’.

1. The necessary legal and methodical changes are initiated by the MEP and accepted by the respective higher level organizations.

2. Implementation of the ‘Law on Ecological Audit’ is organized well both within the MEP and in the respective sectors.

3. The leadership of the MEP provides the necessary authority and resources for the implementation of the Law ‘On

• Annual governmental assessments about the work of the MEP in the field of ecological audit

• Reports/assessments of respective international environmental organizations, e.g. UN Economic Commission/Environmental Committee for Europe about the work of the Ukrainian government in the environmental field

• Reports and analysis of the respective international organizations, including specifically the European Commission

• Increased level of investments in environmental protection, specifically in the abatement of the industrial pollution

• The MEP is able to influence the other ministries and the government to make the Law implemented

• The Ukrainian governmental budget provides appropriate resources for the implementation of the Law ‘On Ecological Audit’

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Programme name:

Support to the Ministry of Environmental Protection of Ukraine for the implementation of the Law on Ecological Audit

Programme no.: UA09/ENP - PCA/EN/17

Country: Ukraine

Total budget 1.050.000 EUR

Ecological audit’, including the strengthening appropriate organizational units.

4. The respective international organizations appreciate the work done by the Ukrainian MEP in the field of implementation and enforcement of the Law ‘On Ecological audit’.

• Assessments of the implementation of the Law by Ukrainian and international NGOs

• Annual reports of the MEP and the respective Ukrainian and international NGOs

• Interim quarterly and final reports of the Twinning project

• Executive and self-governance bodies considering the results of ecological audits in decision- making

Results:

A. Improved and refined legal and methodical base for carrying out ecological audits

1. The Law of Ukraine ‘On Ecological Audit’ and other regulatory acts regarding audit are amended in accordance with international best practices.

2. Existing methodological brochures/manuals are updated using the checklist of waste/emission/discharge, representative for different industries, and include recommendations for the prevention and control of pollution. They are utilized in the practice.

• Draft amendments, monitoring and evaluation reports

• Analytical report written on a subject

• Register of adapted methodological brochures/manuals with the list of waste/emission/discharge, representative for different industries, and containing recommendations for the prevention and control of this pollution

• Functioning working relationships with the different ministries and agencies involved in the improvement of legal and methodical base

• Timely and relevant feedback from all interested parties, beyond the ministry, in the process of adoption of methodological brochures/manuals

• Utilization of elaborated checklist for the access to information sources by other ministries and institutions

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B. Improved system of certification and accreditation of ecological auditors

3. The legal terminology is harmonised with National Standards of Ukraine (DSTU) and with the internationally acceptable approaches.

4. Lists and indicators of pollution of soil/water/air are adapted in harmony with international practice.

5. The laboratory of DKI is equipped with the necessary laboratory equipment and reagents in accordance with the previously elaborated list and functioning and accredited for performing analysis.

1. A possibility of mutual recognition of certificates for ecological auditors is explored.

2. Proposals are developed regarding the possibilities of improving existing certification system up to the level to become eligible for international accreditation.

3. An international conference, organized by the Twinning partners and financed exceptionally by the Twinning projects justifies the prospect of creation of Ukrainian certification and accreditation system which is in line with international best practices.

• Available checklist and documentation on the order of usage and support of information sources

• Interim quarterly reports and final report of the project

• List of current equipment of the laboratory. List of equipment necessary for equipping the laboratory

• Report on proposals regarding mutual recognition of certificates for ecological auditors in Interim quarterly reports/ final report

• Analytical document and proposals on current European procedures and current situation at the national level and on possibilities of improving existing certification system in the interim quarterly report/final report

• Monitoring and evaluation reports/conference resolutions; number and list of institutions, which participated in the conference

• Availability and willingness of Institute of Environmental Management and Assessment (IEMA), International Registration Scheme for Certified Auditors (IRCA) representatives as well as other relevant international organizations to provide consultations and carry out negotiations with MEP on recognition of certificates fro ecological auditors

• The proposals developed by the Twinning project for the improvement of existing certification system are considered by decision-makers beyond the MEP

• Certification of auditors is transparent and objective

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C. Enhanced professionalism and increased awareness of all involved parties, including NGOs, in ecological audit

1. A minimum of 25% increased number of Ukrainian specialists who are well-trained in all questions of ecological audit, certification and accreditation by the end of the Twinning project as compared with the baseline statistics prepared at the start.

2. A significantly increased level of available information about ecological audits and their results.

3. MEP professionals became competent regarding innovative technologies of waste/emission/discharge abatement.

• Knowledge assessment at the end of the project compared with the baseline

• Reports of the MEP on ecological audit, interim quarterly reports/final reports, respective other publications

• Assessment of respective international organizations; staff development analyses; reports of seminars and study tours

• Annual report of the MEP, interim quarterly reports/final report

• All organizations, beyond MEP, are supporting efforts regarding increase of professionalism and awareness

• SPFU familiarizes MEP with conclusions of audits

Activities (Indicative) Means (Indicative) Assumptions

1.1 The preparation of the draft amendments to the Law of Ukraine ‘On Ecological Audit’, other regulatory acts regarding ecological audit

Personnel: RTA, RTA counterpart, experts of MEP, expert in International and European environmental legislation (1 expert), with PP – 60 days

1.2 Adaptation of current methodological brochures/manuals: • waste/emission/discharge:

recommendations for the prevention and control of this pollution;

elaboration of the access list for the sources of information: • ecological standards, databases • innovative technologies for wash-

out/decrease of waste/emission/discharge

Personnel: RTA, RTA counterpart, experts of MEP, expert, who possesses an expertise in waste/emission/discharge creation in air, soil and water respectively and familiar with purification technologies (1 expert), with PP – 30 days, expert, who possesses a practical experience in carrying out ecological audits with PP – 30 3days, expert in International and European environmental legislation

• Appropriate commitment of the stakeholders beyond the MEP

• Interest and motivation created by the Ukrainian government and industry leaders about reduction of pollution

• Working groups, beyond the MEP, are ready to work and able to reach an agreement

3 All highlighted in yellow is revised in accordance with the new budget forwarded by OK on 22 April 2009. The same changes have to be introduced to the body of the TWGF in Activities.

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(1 expert), with PP – 30 days

1.3 Harmonisation of legal terminology with National Standards of Ukraine (DSTU) and with internationally acceptable approaches: • with regard to the identification of

the phases of ecological audit: legislative compliance territories assessment for

the level of pollution choice of technologies

and performance of purification works for soil/ground water

• integration of labour safety aspects and healthcare while carrying out a comprehensive audit

Personnel: RTA, RTA counterpart, experts of MEP, expert in elaboration of ecological regulatory actions and standardisation (2 experts) with PP – 80 days

1.4 Analysis of current situation and elaboration of proposals for adaptation of harmonised in accordance with international practices lists and indicators of pollution of soil/water/air

Personnel: RTA, RTA counterpart, experts of MEP, expert in elaboration of ecological regulatory actions and standardisation (1 expert), with PP – 30 days, expert(s), who possesses an expertise in waste/emission/discharge creation in air, soil and water respectively and familiar with purification technologies (2 experts), with PP – 90 days

1.5 Analysis of current situation and elaboration of the list of necessary laboratory equipment for Derzhkoinspection (DKI) laboratory of the MEP. Equipping of the DKI laboratory with necessary laboratory equipment and reagents in accordance with the previously elaborated list

Personnel: RTA, RTA counterpart, experts of MEP, expert from laboratory for sampling and analysing air, water and soil samples (1 expert), with PP – 25 days

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2.1 Carrying out a series of consultation meetings with the representatives of international organizations, which are actively involved in preparation and certification of ecological auditors at the international level – IEMA (London) and IRCA (London) as for the possibility of mutual recognition of certificates

After settling terms between BC and MS partners It is foreseen an organization of 1 trip for 6 persons for 5 days.

2.2 Carrying out an analysis on current European procedures, examining of current situation at the national level and elaboration of proposals as for the possibilities for improving existing certification system up to the level, which allows to become eligible for accreditation at the international register systems of auditors

Personnel: RTA, RTA counterpart, experts of MEP, expert, who possesses an expertise in accreditation of organizations, which are executing the certification of ecological auditors and in certification of ecological auditors (2 experts) with PP – 20 days

2.3 Organization of the international conference in Ukraine with participation of experts and/or representatives of international associations of auditors during which the questions of creation of harmonised in accordance with international approaches, system of certification and accreditation on the basis of accredited research/educational institutions will be considered

Personnel: RTA, RTA counterpart, experts of MEP, expert, who possesses an expertise in accreditation of organizations, which are executing the certification of ecological auditors and in certification of ecological auditors (1 expert) with PP – 10 days, expert in International and European environmental legislation (1 expert) with PP – 10 days.

3.1 Organization of a series of training seminars in ecological audit for getting acquainted with international experience in relation to ecological audit in the course of decision making regarding financing/crediting of environmental actions. Seminar 1 – for representatives of MEP, Cabinet of Ministers of Ukraine, Committee on Environmental Policy, Use of Natural Resources and Elimination of Consequences of Chornobyl Disaster of

Personnel: RTA, RTA counterpart, experts of MEP, expert in International and European environmental legislation (2 experts), with PP – 20 days

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Verkhovna Rada of Ukraine, State Property Fund and Ministry of Industrial Policy of Ukraine. Seminar 2 – for representatives of public entities, local administrations, local self-government bodies, professional associations of industrialists or employees of some enterprises, environmental NGOs and others. 3.2 Organization of two study tours to become acquainted with innovative technologies related to purification/decrease of waste/emission/discharge and with the work of ecological laboratories

After settling terms between BC and MS partners It is foreseen an organization of 1 study tour for 6 persons for 5 days and 1 study tour for 6 persons for 5 days

3.3 Creation of information database on the results of compulsory audits, in particular those, which are financed from state budget and ensuring an access to the information

Personnel: RTA, RTA counterpart, experts of MEP, expert, who possesses a practical experience in carrying out ecological audits (1 expert) with PP – 30 days, expert in communication and IT (1 expert) with PP – 20 days

Preconditions:

• The department dealing with ecological audit within the MEP receives

appropriate authorities and resources to implement its tasks

• There is an effective cooperation developed between different ministerial departments and other units involved in the development and implementation of the Law on ecological audit

• The budget of the MEP appropriately considers the needs of the Twinning project

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ANNEX 2 Detailed Implementation Chart (indicative)

Implementation of activities on monthly basis

Activities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1.1 1.2 1.3 1.4 1.5 2.1 2.2 2.3 3.1 3.2 3.3 Result A Preparation and reporting Result B Result C

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ANNEX 3

LIST OF RELEVANT LAWS AND REGULATIONS IN UKRAINE

Law of Ukraine ‘On Ecological Audit’ (2004)

Law of Ukraine ‘On Modification in Some Laws of Ukraine With the Purpose of Providing of Account of

Ecological Requirements During Privatization’ (2004)

Law of Ukraine ‘On Land Protection’ (2003)

Commercial Code of Ukraine (2003)

Land Code of Ukraine (2001)

Criminal Code of Ukraine (2001)

Law of Ukraine ‘On the Animal World’ (2001)

Law of Ukraine ‘On Production – Sharing Agreements’ (1999)

Law of Ukraine ‘On Local State Administrations’ (1999)

Law of Ukraine ‘On Concessions’ (1999)

Law of Ukraine ‘On the Plants World’ (1999)

Law of Ukraine ‘On Waste’ (1998)

Law of Ukraine ‘On Local Self-Government in Ukraine’ (1997)

Water Code (1995)

Law Ukraine ‘On Environmental Expertise’ (1995)

Law of Ukraine ‘On Nuclear Power and Radiation Safety’ (1995)

Law of Ukraine ‘On Handling Radioactive Wastes’ (1995)

Forest Code of Ukraine (1994)

Code of Entrails of Ukraine (1994)

Law of Ukraine ‘On Lease of State and Communal Property’ (1992)

Law of Ukraine ‘On Restoring a Debtor’s Solvency or Recognizing it Bankrupt’ (1992)

Law of Ukraine ‘On Privatization of State Property’ (1992)

Law of Ukraine ‘On the Protection of Atmospheric Air’ (1992)

Law of Ukraine ‘On Protection of the Natural Environment’( 1991)

Code of Ukraine ‘On Administrative Violations’ (1984)