Main content and commitments of Ukraine
Chapter 6 “Environment”, Title “Economic and Sector Cooperation” of the EU-Ukraine Association Agreement provides that parties develop and strengthen cooperation in environmental protection, thus contribute to the realization of long-term goals of sustainable development and green economy.
According to the Annex XXX of the Association Agreement Ukraine should to adapt its legislation to 26 Directives and 3 Regulations of the EU in the following spheres:
- environmental management and integration of environmental policy in other sectoral policies,
- air quality,
- waste and resource management,
- water quality and water resources management, including marine environment,
- nature protection,
- industrial pollution and anthropogenic threats,
- climate change and ozonosphere protection,
- genetically modified organisms.
Cluster 3 of Subcommittee on Economic and other Sector Cooperation of Association Committee.
Responsible bodies in Ukraine
The Ministry of Ecology and Natural Resources of Ukraine
Implementation of international standards in the field of resource-saving, environmental protection, subsoil use;
Increasing of the level of the environmental safety;
State environmental policy reform, complying with the requirements of the EU legislation.
The state of adaptation of Ukrainian legislation and cooperation with the EU
The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Environmental Impact Assessment”, which provides an opportunity to implement a progressive, updated and pro-European model of environmental impact assessment in accordance with the requirements of the Directive 2011/92/EC on the assessment of the effects of certain public and private projects on the environment.
The draft Law of Ukraine “On strategic environmental assessment”, which takes into account the requirements of the Protocol on Strategic Environmental Assessment and Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment was referred by the Verkhovna Rada to the second reading.
The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Legal Acts of Ukraine Regarding the Implementation of Integrated Approaches into the Water Resources Management Following the River Basin Principle”, which provides legal principles of integrated water management by basin principle according to Water Framework Directive 2000/60/EC. Also this Law created legislative basis for the implementation of the Floods Directive 2007/60/EC.
The Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 2047-VIII of 18 May 2017 “On Amendments to the Law of Ukraine "On Drinking Water and Drinking Water Supply” which will establish the legal framework for the implementation of certain provisions of the Directive 98/83/EC on the quality of water for human consumption and the Directive 91/271/EC concerning urban waste-water treatment.
Within the framework of cooperation in the field of protection and sustainable development of the Dniester river basin on June 7, 2022 the Verkhovna Rada of Ukraine ratified the Treaty between the Cabinet of Ministers of Ukraine and the Government of the Republic of Moldova on cooperation in the field of protection and sustainable development of the Dniester River basin. It is the first cross-border basin agreement aimed to develop partnerships between states on the introduction of integrated water resources management.
In order to implement the framework provisions of the Marine Directive, they were included in the draft Marine Doctrine of Ukraine (drafted by The Ministry of infrastructure of Ukraine, now it is on inter-institutional coordination).
The main work on the implementation of the Marine Strategy is carried out by the EU/UNDP project EMBLAS ІІ.
As part of the EMBLAS II, a draft environmental monitoring program for the Ukrainian part of the Black Sea was prepared, a methodology for assessing the status of the marine environment was developed.
The results of the study on assessing the ecological status of the Black Sea are currently being finalized. This assessment, made in accordance with the requirements of the EU Marine and Framework Water Directives, will form the basis of the Marine Strategy developed by the Ministry of Ecology and Natural Resources of Ukraine.
The Cabinet of Ministers of Ukraine approved the National Waste Management Strategy in Ukraine by 2030, which is a concept document that includes: a description of the issues in this sphere, the goals and principles of the policy, the impact of waste on society, waste management measures, amendments that need to be implemented into the legislative system of Ukraine and the institutional structure, its financial implications.
The strategy contains sections for specific categories of waste: municipal waste (green waste, biowaste, waste separation at landfills), industrial waste, construction waste, hazardous waste, agricultural waste, specific waste types. Now the Ministry of Ecology and Natural Resources of Ukraine drafting the National Action Plan on waste management.
It is expected that within three months after the adoption of the National Strategy, a new version of the Law of Ukraine “On Waste” will be drafted, taking into account the provisions of the Strategy.
The Verkhovna Rada adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Animal Protection”, which provides "seasons of silence" by local authorities in the areas of mass reproduction and raising of offspring of animals in May-June, strengthening the protection of animal habitats in the nature reserve fund, the prohibition of the use of electricity, hinges, and firearms for the purpose of slaughtering animals.
The Verkhovna Rada also adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the implementation of European environmental norms on the protection of the habitats of rare species of animals and plants” in order to prevent destruction of the habitat of rare species of animals and plants included in the Red Data Book of Ukraine.
In order to implement the provisions of the Directive 2009/147/EC on the protection of wild birds and the Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora, the Ministry of Ecology and Natural Resources of Ukraine made the analysis of the list of species of birds listed in Annexes I, II, III of the Directive 2009/147/EC on the protection of wild birds, the status of the presence of these species at the territory of Ukraine and the nature of their stay, as well as the inclusion of these species in the Red Data Book of Ukraine on the basis of available scientific data. 270 potential objects of the Emerald Network of Europe in Ukraine was identified for the protection of rare and endangered natural habitats, species of flora and fauna to be preserved under the Bern Convention.
The Ministry of Ecology and Natural Resources of Ukraine drafted the Law of Ukraine “On the conservation of natural habitats and species of natural fauna and flora (important for Europe)”. Currently, the draft is being finalized with the stakeholders.
In order to implement the Framework Convention on the Protection and Sustainable Development of the Carpathians, the Verkhovna Rada adopted the Law of Ukraine “On amendments to certain legislative acts of Ukraine on the protection of primary forests in accordance with the Framework Convention for the Protection and Sustainable Development of the Carpathians”, which prohibits the felling of primary forests, introduces administrative responsibility for the destruction and damage of primary forests.
In order to implement the provisions of the Directive 2010/75/EC The Ministry of Ecology and Natural Resources of Ukraine drafts the Concept on the reform of environmental permits and a technical version of the draft Law of Ukraine “On the system of environmental permits”.
In 2016, the Paris Agreement, which provides measures to reduce greenhouse gas emissions and adapt to climate change, was ratified.
In order to form an effective internal climate policy, the Cabinet of Ministers of Ukraine adopted the Concept of realization of the state climate change policy for the period up to 2030, which became the first comprehensive regulatory act for many years to improve and systematize the current climate change policy, provides the development of the Strategy for Low Carbon Development and the Strategy for Adaptation to Climate Change.
Now The Ministry of Ecology and Natural Resources of Ukraine actively works on the implementation of the monitoring, reporting and verification system for greenhouse gas emissions in Ukraine. In particular, it is drafting the Law of Ukraine “On monitoring, verification and reporting systems for greenhouse gas emissions" (according to the Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community).
In order to implement the Regulation 842/2006/EC on certain fluorinated greenhouse gases and the Regulation 2037/2000/EC on substances that deplete the ozone layer, The Ministry of Ecology and Natural Resources of Ukraine drafted the Law of Ukraine “On ozone-depleting substances and fluorinated greenhouse gases” which provides the introduction of prohibitions on the use of controlled substances, in particular hydrochlorofluorocarbons from 2020, the ban on the import of equipment that works with hydrochlorofluorocarbons, the establishment of requirements for monitoring and verification of leakage of controlled substances, the definition of obligations for the restoration, regeneration and destruction of controlled substances, the establishment of educational and certification requirements for the personnel and companies concerned, as well as established the regulations of the treatment with fluorinated greenhouse gases.
The draft was submitted for the coordination with concerned executive authorities.
The new version of the Law of Ukraine “On the State System of Biosafety in Creating, Testing, Transporting and Using of Genetically-Modified Organisms” was drafted (now on inter-institutional coordination). The draft was sent to the EU for the expert opinion.