Law 'On Strategic Environmental Assessment' came into force in Ukraine

Author : News Agency

Source : 112 Ukraine

The document is aimed at harmonizing the procedures for environmental assessment with similar procedures in the EU countries
09:50, 13 April 2018

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A law No. 2354-VIII "On Strategic Environmental Assessment" came into force in Ukraine, but the document to be put into effect six months later after the Cabinet agree on all the necessary regulatory and legal acts with this law.

The explanatory note to the bill indicates that the Ukrainian legislation has no mechanisms for assessing the environmental considerations during the development of the government planning documents. In addition, the document is aimed at harmonizing the procedures for conducting the environmental assessment with similar procedures in the EU countries.

According to the law, the executive authority/local government or another customer of the state planning documents should ensure the strategic environmental assessment of such documents. The customer also takes into account the report on the strategic environmental assessment, the results of public discussion and consultations with other countries, if necessary. It is also responsible for financing the strategic environmental assessment.

Related: Why ecological catastrophe could happen in Donbas?

The law sets out the stages of conducting an eco-assessment:

  • Determination of the scope of the strategic environmental assessment

Consequences of implementing the state planning document should be indicated, and also measures to reduce the negative consequences should be mentioned. Public discussion of the application will last from 15 days from the date of publication. The document must be published by the customer.

  • Preparation of a report on strategic environmental assessment

This report should describe the state of the environment and the health of people in the relevant territory; as well as the forecasts for this and the possible impact of the implementation of the state planning document. The consequences should be predicted for one year, 3-5, 10-15, and if necessary - and 50-100 years. It is necessary to describe measures to prevent or mitigate the negative impacts.

The document should contain a brief description for the general public.

Related: Ukraine to sue Russia for ecological damage of Kerch bridge construction

The report is signed by all its authors and performers, indicating their qualifications.

  • Public discussion

The announcement of the publication of the draft state planning document and the report on strategic eco-assessment should contain information on the terms of the public discussions (at least 30 days) and how to participate in them.

The result of a public discussion is a letter of observations, each of which is subject to review.

  • International consultations

If the consequences of the implementation of state planning might affect not only the residents of Ukraine but also of another state, the Ministry of Ecology provides consultations. The country should get a draft of the state planning document, and it has 30 days to complete the comments. The parties agree on the conditions for the transfer of all necessary documents and so on.

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  • Accounting for the eco-assessment report, discussions, and consultations

The customer takes into account the received remarks or rejects them. These are the comments in the eco-assessment report, the results of the public discussion, and international consultations.

  • Informing about the approval of the document of the state planning

Within five working days from the date of approval of the state planning document, the customer, places the final version of the document on the official website and reports on the measures for monitoring the consequences of the implementation of the plans. Consultations and public discussion are also attached.

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  • Monitoring the consequences

The customer monitors the consequences of implementing the state planning document; once a year he publishes the results on his official website. If a negative result is revealed by the report, the customer takes measures to eliminate them.

The procedure for such monitoring would be approved by the Cabinet.

As was reported before, Verkhovna Rada passed a law on strategic environmental assessment in March 2018, 233 people's deputies voted for it. In January 2017 the people's deputies rejected a similar bill, the number of votes was not enough for sending a bill for the revision.

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