MERCADOS EMI Annex 2-1: Comparison between Ukrainian requirements and International Standards relevant for ESIA Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements Environmental Assessment process General Articles 26, 51 of the law EU Council Directive Environmental impact assessment is a compulsory requirement for an “On environmental (85/337/EEC) Articles 1-2 component for any industrial project that ESIA in projects protection” potentially might have an environmental impact. which are likely to EU Council Directive have a significant Article 13 and 34 of the 97/11/EC Annex I, Compulsory OVNS in Ukraine is foreseen only for effect on the law “On environmental the objects referred to the category of highly environment. expertise” World Bank Group (IFC) hazardous objects. High voltage power OP/BP 4.01 -Environmental transmission lines are not on the list of highly Categorization of Decree of the Cabinet of Assessment (Section, 1, 4- hazardous objects established by the CMU Decree projects according Ministers No.554, July 27, 8) No. 554.27.07, 1995. to their negative 1995 impact on Sections 14 -16 of the The EU Council Directive (97/11/EC, Article 4 (1) environment DBN A.2.2-1-2003 EBRD Environmental and Annex 1 (20) high voltage overhead electrical (Section 1.7 and Annex E) Social Policy (2008) power transmission lines to the objects that require ESIA. Section 21 of Annex 1 of the EBRD IFC Operational Policies – Environmental and Social policy also refers these Environmental Assessment projects to Category A, which require (Section 8) comprehensive ESIA. Section 2.3.1 of EBRD Compared to Ukrainian requirements, Environmental Procedures European requirements are considered stricter since they require a compulsory ESIA for this Project. Project No. P98267, Mercados- Ukrenergo Project, Ukraine - Comparison between Ukrainian requirements and International Standards relevant for ESIA 1 MERCADOS EMI Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements Environmental Law “On environmental EU Council Directive No investment/construction project in Ukraine can issues should be at protection” Article 26. (85/337/EEC) Articles 2, 8 be implemented without positive conclusion of the the very early state environmental expertise that is based on the stages of project The law “ On Section 4 of the EBRD materials prepared within OVNS. development (due Environmental Expertise”, Environmental and Social to precautionary Article 39 Policy (2008) OVNS is one of the earliest documents to be nature of prepared and reviewed within any investment environmental Law “On environmental project documentation in Ukraine. policies). protection”, Article 51 Based on both Ukranian and IFI´s standards, ESIA should be environmental issues are addressed at early built into the stage and a project can be rejected for procedure for environmental reasons. obtaining approval/permit of governments or IFIs financing. Possibility to reject a project on environmental grounds Standardized Chapter 7 of the law “On World Bank OP/BP 4.01 The environmental assessment in Ukraine is approach to ESIA, environmental protection” Environmental Assessment. regulated specifically by the national standard DBN its contents and A.2.2-1-2003. This act also specifically refers to procedures DBN A.2.2-1-2003 IFC Operational Policies – particular legislative acts, regulations, industrial Environmental Assessment standards for architecture, materials, fire safety, DSTU (State Standard) health, soil, flora and fauna protection, and for ISO14001-97 EBRD Environmental and operation of power transmission lines and Social Policy (2008) equipment. Ukraine is a member of ISO International Project No. P98267, Mercados- Ukrenergo Project, Ukraine - Comparison between Ukrainian requirements and International Standards relevant for ESIA 2 MERCADOS EMI Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements Organization since 2004 and standards of environmental project management are also effective in Ukraine. Based on both, Ukranian and IFI´s standards, a standardized approach to an EIA and a similar content and procedures are established. ESIA Contents DBN A.2.2-1-2003 Article 3 of the EU Council The Ukrainian OVNS standards require assessment (Sections 2-3) Directive (85/337/EEC) of all those issues that are addressed under the international standards. However, the Sections 2-3 of the World comprehensive OVNS is compulsory only in Bank OP/BP 4.01 projects for construction of highly hazardous objects and the Ukrainian legal regime does not Annex B IFC Operational preclude project developers from doing it in Policies (Environmental projects that are to be financed through IFIs. Assessment) The OVNS materials according to DBN A.2.2-12003 should include details concerning the following aspects: o Motivation and legal requirements for OVNS in the particular project; o Physical and geographic characteristics of the landscape along the route of the power transmission o line; o Description of the objects under construction and general description of the project; o Assessment of project’s impact on the climate, air, geography, water soils, flora and fauna etc. o Assessment of social impacts produced by the Project No. P98267, Mercados- Ukrenergo Project, Ukraine - Comparison between Ukrainian requirements and International Standards relevant for ESIA 3 MERCADOS EMI Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements project; o Assessment of project’s impact on technological and industrial environment; o Comprehensive plan for ensuring all safety aspects and viability of the natural resources in accordance with the requirements of the legislation; o Assessment of temporary impacts during the construction period. Compared to Ukrainian requirements, European requirements are considered stricter since the comprehensive scope detailed above is required for a wider scope of projects, including the construction of transmission line as in this Project. Public Consultation Information Constitution of Ukraine UNECE Convention on The public access to the environmental information disclosure and (Article 50) Access to Information, (including materials of OVNS and SEE- what do you public Public Participation in mean? SEP?) is guaranteed by many legislative consultations The law of Ukraine No. Decision-Making and Access acts, supported by data filing systems and Environmental 832-XIV dated July 6, registers of the central and local authorities. issues to be 1999 on ratification of the to Justice in Environmental identified and UNECE Convention on Matters Article 6 of the law “On environmental protection” addressed at each Access to Information Sections 1.6 -1.10 of the DBN A.2.2-1-2003 stage of the ESIA (Aarhus). (Aarhus Convention)-1998. envisage participation of public in the decision- making process for deployment of industrial The laws of Ukraine “ On ESIA conclusions are Sections 11, 26 and Annex objects that might have an impact on the information” legally binding for 2 of the EBRD environment. (02.10.1992,.No. 2657 ), Project No. P98267, Mercados- Ukrenergo Project, Ukraine - Comparison between Ukrainian requirements and International Standards relevant for ESIA 4 MERCADOS EMI Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements project “On Environmental Environmental and Social implementation Protection”, Policy (2008) The Ukrainian legislation provides for two documents 1) the Statement of Intentions (as a “On State Environmental Article 6 of the EU Council conceptual document) and 2) the Statement on Expertise” (Article 10), Directive (85/337/EEC) Ecologic Consequences of the Industrial Operations (a legally binding document) which is subject to “On associations of Section 25 of the EBRD approval by the state and monitoring during the citizens”(16.06.1992, No. Environmental and Social project cycle. The legally binding document for this 2460-12) Policy (2008) Project is the Statement on Ecologic Consequences “On local self-governance” of the Industrial Operations. (21.05.1997 No. 280/97), “On requests of citizens” Compared to Ukrainian requirements, (02.10.1996, No. 393/96) European requirements are considered stricter since a comprehensive public “On planning and consultation process is required for a wider construction in territories” scope of projects, including the construction of transmission line as in this Project. Regulation on participation of public in decision- making process for environmental protection (by Order No 168 of the Ministry for Environmental Protection The law “ On Environmental Expertise”, Article 39 DBN A.2.2-1-2003 Project No. P98267, Mercados- Ukrenergo Project, Ukraine - Comparison between Ukrainian requirements and International Standards relevant for ESIA 5 MERCADOS EMI Issues Ukrainian International good Comparison /Comments requirements practice standards and EBRD/ EIB requirements Land Aspects Compensation Compensation for private In Ukraine, compensation for withdrawal of land According to the publication landowners and land users plots will only be paid to the owners of the land “Public Acceptance for new Land valuation will be assessed on the required for the towers (permanent withdrawal, transmission overhead lines basis of Cabinet of buyout). Owners