fbpx
Size of letters 1x
Site color
Image
Additionally
Line height
Letter spacing
Font
Embedded items (videos, maps, etc.)
 

Eight reasons to support the draft law №4167-1 on industrial pollution

13/ 11/ 2020
  The introduction of an integrated permitting system for the prevention and control of industrial pollution is one of Ukraines obligations under the EU-Ukraine Association Agreement. Two draft laws on reforming industrial pollution have recently been registered in the Verkhovna Rada of Ukraine. These are the draft Law №4167 On Prevention, Reduction and Control of Industrial Pollution” and the alternative draft Law №4167-1. Both documents aim to implement into Ukrainian legislation the provisions of Directive 2010/75/EC on industrial emissions, namely: to combine environmental permits into an integrated, to introduce the best available technologies and management methods (BAT), to create a register of industrial enterprises that must obtain an integrated permit, etc. At the same time, approaches to the implementation of such norms differ within the two draft laws. Thus, the draft Law №4167 contains certain contradictory aspects, which, if adopted in the current version of the document, may have negative consequences for enterprises and the economy as a whole. Particularly, we refer to the introduction of terms that duplicate existing ones; regulation of activities for which there are no European BAT conclusions; uncertainty with the terms of adaptation and approval of the BATs themselves; insufficient adaptation period for the introduction of a new permitting system; the possibility of the permitting authority to independently suspend or revoke the integrated permit without a court decision, which creates favorable conditions for corruption; lack of clear grounds for suspending the permit. According to the EBA experts, the alternative draft Law №4167-1 provides for a more comprehensive and systematic approach to the reform of the permitting system in the field of industrial pollution. There are 8 reasons for this, namely: introduction of a counterpart to the term pollution used in Directive 2010/75 / EC, which is more justified in terms of completeness of the content and is consistent with current legislation; absence of the need to obtain an integrated permit for those activities that are not listed in Annex 1 of Directive 2010/75 / EU and for which there are no BAT approved by the European Commission; BAT must be enshrined at the level of a separate law, with the draft Law №4167-1 coming into force no earlier than the date of entry into force of the law on BAT; non-application of certain provisions for energy companies is increased to 24 months, which will allow companies to more carefully prepare an application for an integrated permit and other documents, including the base report introduced by this draft law; clear establishment of the grounds for initiating the procedure for suspension of the integrated permit and the procedure for its renewal, while the possibility of deciding on the revocation of the integrated permit is provided only in court; the maximum withdrawal period is increased to 15 years. It is the period for which the company can set less stringent standards for maximum permissible pollution than those specified by the BAT. According to the business, this is a completely justified decision given the difference in the technological gap between Ukrainian and European companies. lack of authority of the permitting body to establish additional requirements for enterprises, if the application of BAT does not allow to achieve the established standards; the possibility of not disclosing information that constitutes a trade secret. The EBA experts also draw attention to the lack of provisions in both draft laws on developing a transitional plan for energy companies. The reason for such a plan is the need to determine the schedule of economic standards by various installations at the sector level because from the standpoint of ensuring sustainable energy supply it is allowed to simultaneously repair a limited number of power units. Thus, the European Business Association calls for the adoption of the draft law №4167-1 as a basis and to finalize it in accordance with the above proposals with all stakeholders.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

The introduction of an integrated permitting system for the prevention and control of industrial pollution is one of Ukraine’s obligations under the EU-Ukraine Association Agreement.

Two draft laws on reforming industrial pollution have recently been registered in the Verkhovna Rada of Ukraine. These are the draft Law №4167 “On Prevention, Reduction and Control of Industrial Pollution” and the alternative draft Law №4167-1.

Both documents aim to implement into Ukrainian legislation the provisions of Directive 2010/75/EC on industrial emissions, namely: to combine environmental permits into an integrated, to introduce the best available technologies and management methods (BAT), to create a register of industrial enterprises that must obtain an integrated permit, etc.

At the same time, approaches to the implementation of such norms differ within the two draft laws. Thus, the draft Law №4167 contains certain contradictory aspects, which, if adopted in the current version of the document, may have negative consequences for enterprises and the economy as a whole. Particularly, we refer to the introduction of terms that duplicate existing ones; regulation of activities for which there are no European BAT conclusions; uncertainty with the terms of adaptation and approval of the BATs themselves; insufficient adaptation period for the introduction of a new permitting system; the possibility of the permitting authority to independently suspend or revoke the integrated permit without a court decision, which creates favorable conditions for corruption; lack of clear grounds for suspending the permit.

According to the EBA experts, the alternative draft Law №4167-1 provides for a more comprehensive and systematic approach to the reform of the permitting system in the field of industrial pollution. There are 8 reasons for this, namely:

  1. introduction of a counterpart to the term “pollution” used in Directive 2010/75 / EC, which is more justified in terms of completeness of the content and is consistent with current legislation;
  2. absence of the need to obtain an integrated permit for those activities that are not listed in Annex 1 of Directive 2010/75 / EU and for which there are no BAT approved by the European Commission;
  3. BAT must be enshrined at the level of a separate law, with the draft Law №4167-1 coming into force no earlier than the date of entry into force of the law on BAT;
  4. non-application of certain provisions for energy companies is increased to 24 months, which will allow companies to more carefully prepare an application for an integrated permit and other documents, including the base report introduced by this draft law;
  5. clear establishment of the grounds for initiating the procedure for suspension of the integrated permit and the procedure for its renewal, while the possibility of deciding on the revocation of the integrated permit is provided only in court;
  6. the maximum withdrawal period is increased to 15 years. It is the period for which the company can set less stringent standards for maximum permissible pollution than those specified by the BAT. According to the business, this is a completely justified decision given the difference in the technological gap between Ukrainian and European companies.
  7. lack of authority of the permitting body to establish additional requirements for enterprises, if the application of BAT does not allow to achieve the established standards;
  8. the possibility of not disclosing information that constitutes a trade secret.

The EBA experts also draw attention to the lack of provisions in both draft laws on developing a transitional plan for energy companies. The reason for such a plan is the need to determine the schedule of economic standards by various installations at the sector level because from the standpoint of ensuring sustainable energy supply it is allowed to simultaneously repair a limited number of power units.

Thus, the European Business Association calls for the adoption of the draft law №4167-1 as a basis and to finalize it in accordance with the above proposals with all stakeholders.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

If you have found a spelling error, please, notify us by selecting that text and pressing Ctrl+Enter.

Start
in the Telegram bot
Read articles. Share in social networks
0 Shares

Spelling error report

The following text will be sent to our editors: