17/ 10/ 2014

Due to the lobbying efforts of the Working Group on Ports Development of the EBA Logistics Committee and from other organizations, the State Service of Ukraine for Regulatory Policy and Entrepreneurship Development (State Service) issued Decision No34, dated 29 July 2014. Decision No34 was not fulfilled by the Ministry of Ecology and Natural Resources (Ministry of Ecology). In this respect a legal force of some provisions (with regard to ship ecological declaration) of the Ministry of Ecology Order No204, dated 8 September 1999, was terminated starting from 30 September 2014.

Background: According to Order No204, ecological inspectors have the right to check the availability and correctness of the ship’s ecological declaration. Such provisions of current Ukrainian legislation are not in line with Ukraine’s international commitments that are subject to the Convention on Facilitation of International Maritime Traffic from 1965 (FAL 1965) and the International Convention for the Prevention of Pollution from Ships from 1973 (MARPOL 73/78).

Over a long period of time the EBA has been systematically supporting the position of the State Service and the Ministry of Economic Development and Trade of Ukraine (Mineconomy), which is oriented toward the harmonization of ecological control procedures with international standards and the cancellation of redundant documents such as the ship ecological declaration. We are pleased to inform, that due to the nonfulfillment of Decision No34 by the Ministry of Ecology and its unsuccessful complaint to the Mineconomy, several provisions of the Order No204 lost their legal force on 30 September 2014 and ship-owners do not need to provide Ukrainian authorities with ship ecological declarations.

These changes will help to significantly shorten the quantity of ungrounded ship delays in ports, will reduce additional financial costs, and as a consequence will improve the image of Ukraine in the freight business.

The EBA would like to express its gratitude to the State Service and the Mineconomy, as well as to all members of the EBA Logistics Committee for their effective and constructive cooperation. At the same time, the Working Group on Ports Development of the EBA Logistics Committee will continue its work aimed at creating a positive business climate in the Ukrainian port sector.

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