DIRECTIVE 79/409/EЕC 2001/80/ЕС should be provided by February 2013, as a part of the implementation of the Action Plan on facilitating foreign investors’ activities2. According to the Strategy of the state environmental policy of Ukraine for the period until 2020, the strategic objectives in terms of limitation of emissions are as follows: setting the targets of dangerous substances’ content in the atmosphere and optimization of the structure of energy sector through increasing the volume of using energy sources with low level of carbon dioxide emission (by 10% until 2015 and by 20% until 2020). The Order of the Cabinet of Ministers No. 603r “On approval of the Concept of Nationwide Special-rurpose Economic Program of Industry Development for the period until 2020” of July 17, 2013, concerns the necessity to implement environmentally effective method of production organization and to reduce the emission of dangerous chemical substances. In 2013 the Ministry of Energy and Coal Industry initiated the development of the Special-rurpose State Program of Consecutive Reduction of Consolidated Annual Volume of Pollutants’ Emission from Available Combustion Plants, in compliance with the limits under the requirements of Directive 2001/80/EC3. The document is under development, no drafts have been published yet. In January 2013 the Verkhovna Rada registered a draft law of changes to the Budget Code of Ukraine in terms of transfer of environmental tax. The document provided for the change of environmental tax allocation to local budgets (from 65% to 70%), thereby reducing the expenses for maintaining special-rurpose projects of enterprises’ environmental modernization at the expense of the share of allocations to the special state budget fund. This draft law was largely criticized by the government, in particular, the Ministry of
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2
rdinance of the Cabinet of Ministers of December 19, 2012, No. 1074O r, “On approval of action plans for facilitation of foreign investors’ activities”// Legislation of Ukraine, 19.02.2014 – http://zakon2.rada.gov. ua/laws/show/1074-2012-%D1%80
3
I nformation about the results of the 5th International Scientific and Practical Conference “Modern technologies to eliminate negative effects of coal thermal power plants on the environment, in accordance with the requirements of the European Union (15-18.04.2013, Lviv)”// Web site of the project “Demonstration, dissemination and deployment of CCT and CCS in Ukraine”, 19.02.2014 – http://cetiproject.com/ ua/konferenciya_2013_roku__kviten_
Ukraine and Energy Community: Still Does Not Fit
Finance pointed to the lost income of the state budget amounting to 1.3 bln. UAH4. At the same time, the special-rurpose parliamentary committee recommended to approve the draft law. Nevertheless, the document was rejected by the Verkhovna Rada in the course of its consideration. In October 2013, the Ministerial Council of the Energy Community adopted two important decisions aimed at further limitation of the emission from large combustion plants. The first decision provides for the opportunity to apply flexible instruments for the implementation of Directive 2001/80/EC throughout the transition period, so as to facilitate the achievement of the document’s objectives without reducing the ambitions. The second decision concerns the implementation of more ambitious goals towards the reduction of emissions into the atmosphere by the large combustion plants (Directive 2010/75/ЕС) starting from 2018.
Conclusion Further delays with the approval of the respective state program’s concept are not acceptable, as this would pose the risk of further delays with its subsequent implementation. In addition, Ukraine has to take a number of steps to send a signal to the investors on the willingness of the state to undertake a part of aggregate financial load, which is estimated at USD 13-15 billion by the market players.5 The situation is further complicated by the fact that until now no thermal plant in Ukraine has been equipped with an up-to-date flue gas desulphurization and de-nitrification system. In addition, only one company in Ukraine currently manufactures flue gas desulphurization facilities. It significantly slows down the process of equipment of thermal power plants according to the Directive’s requirements. In the existing situation an individual action plan has to be developed jointly with the Secretariat of the Energy Community, with clear timeframes and indicators of the implementation. 4
n amendment of the Budget Code of Ukraine on the transfer of enviO ronmental tax// Budget Committee of the Verkhovna Rada of Ukraine, 18.04.2013 – http://budget.rada.gov.ua/kombjudjet/control/uk/publish/article;jsessionid=161435FB89A28B17BE08E95DDDDD5D41?a rt_id=49906&cat_id=44731
5
E U proposes to the Energy Community to strengthen the norms of emission by thermal power plants, however, extend the terms of their implementation // Dzerkalo Tyzhnia. Ukraine, 16.09.2013 – http:// dt.ua/ECONOMICS/yes-rroponuye-energospilnoti-rosiliti-normischodo-vikidiv-tes-ale-zbilshiti-termini-yihnogo-vprovadzhennya-128505_.html
DIRECTIVE 79/409/EЕC ON THE CONSERVATION OF WILD BIRDS
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Only Article 4 (2) applies that requires taking the measures to preserve normal species of migratory birds taking special attention to protection of water and marsh areas, including areas of international importance.
In accordance with the Protocol, the Directive should be implemented by 1 January 2015. In accordance with the Action Plan on Implementation of the Commitments within the Framework of the Treaty Establishing the Energy Community, the legal framework for the conservation of wild birds should be brought into compliance with this Directive’s requirements by 1 January 2015. The authority in charge is the Ministry of Environment and Natural Resources. In particular, actions shall have to be taken for the preservation of migratory bird species, ensure their protection on the sea and on the land, on the breeding, moulting and wintering grounds, as well as recreation areas along migration paths. Special focus should be placed on the protection of water-logged areas and wetlands of international importance. On October 24, 2012, 7 new territories were included into the list of wetlands, based upon the Order of the Cabinet of Ministers No. 818-r “On approval of the status of wetlands of international importance”, owing to which the total number of wetlands of international importance in Ukraine increased to 53.
Basic Approximation Plan in December 2012, the Law On Wildlife shall have to be amended so as to update the list of birds included into the Endangered Species List (“Red Book”) of Ukraine and stipulate more accurate provisions regarding the principle of the protection of wild bird population. In March 2013 the draft law “On amendment of some legal acts of Ukraine regarding the protection of flora and fauna” was submitted to the Verkhovna Rada of Ukraine. The document provided for the formation of clearer principles of regulating the number of certain wild bird populations, as well as the requirements regarding the inclusion of rare species, which have not been entered in the Red Book of Ukraine, to the list of species subject to special protection. However, this draft law was withdrawn from consideration in May 2013.
Conclusion Although the number of wetlands of international importance was extended, which is good for strengthening of wild birds’ protection, Ukraine lacks clearly stipulated amendments to the laws.
Pursuant to the resolution of the Cabinet of Ministers No. 541 of July 24, 2013 “On approval of the rates for calculating the amount of damage incurred through the breaches of the laws on natural reserves”, increased rates of compensation for illegal preying on or destruction of wildlife objects, damage or destruction of their habitats and breeding grounds were adopted. According to the actions approved by the Ministry of Environment and Natural Resources in its
Ukraine and Energy Community: Still Does Not Fit
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