04/ 12/ 2015

The Cabinet of Ministers of Ukraine (CMU) Resolution “On amendments to some resolutions of the Cabinet of Ministers of Ukraine as to ecological and radiological control” #953 dd. 13.11.2015 was officially published and will take effect on 26.12.2015.

1. Ecological control of ships will be made only if the ship dumped visible floating particles or had visible traces of pollutants in the dumping area, which led to an actual deterioration in water quality.

The history of the business community’s struggle on excessive and burdensome procedures of environmental control vehicles is long enough. Member companies of the Association have actively participated in the elaborating of regulations concerning the simplification of existing practices in the seaports of Ukraine, and supported and emphasized the importance of deregulation in the port area. In particular, the Association addressed an open letter to the Prime Minister of Ukraine on the need for the next wave of deregulation since the adoption of the CMU Resolution #492 dd. 07.07.2015.

2. Radiological control should be carried out automatically, i.e. business representatives will not have to wait in line to get ecologists to provide them with copies of documents required to get a stamp.

Member companies of the EBA have for a long time insisted that some provisions of the Regulation on the ecological control at checkpoints across the state border and in the area of regional customs and customs (Ministry of Environmental Protection and Nuclear Safety of Ukraine Order #204 dd. 08.09.1999) is not consistent with the CMU Resolution #451 dd. 21.05.2012, namely the procedure of preliminary documentary control.

Until this time, ecologists in the seaports, referring to the order №204, demanded an ecological declaration be drawn up and provided copies regarding all goods without dividing ecological and radiological control.

Therefore, the EBA has repeatedly insisted on the need to settle that situation, which contained extremely high risks of corruption, while holding meetings with the responsible public authorities and through appeals. The first positive step in this direction was taken by the CMU Resolution #491 dd. 07.07.2015.

We sincerely welcome the adoption and publication of the CMU Resolution #953 and look forward to its full implementation in the near future. Additionally, the Association would like to express its gratitude to the Government and companies that actively participated in the process.

Legal background:

Ecological control

The CMU Resolution #492 amended the Rules of internal sea waters and territorial sea of Ukraine protection from pollution and contamination, approved by the CMU Resolution #269 dd. 29.02.1996, which provided a differentiation of ballast water types and led the process of transactions with segregated ballast in compliance with the MARPOL 73/78.

The CMU Resolution #953 provides the possibility to carry out the ecological control of water vehicles at checkpoints across the state border with only slightly visible pollution (amendments to the CMU Resolution “On environmental control at checkpoints across the state border” #198 dd. 20.03.1995).

Radiological control

The CMU Resolution #491 amended the CMU Resolution “Questions of crossing the state border by persons, road, water, rail and air vehicles and goods transported by them” #451 dd. 21.05.2012, which among other things, provides that “If stationary dosimetry control instruments at checkpoints for maritime traffic do not fix the excess of natural radiation in the background and the measurement results entered into the information system of the port community, radiological control deems to be exercised and requires no marking for conducting radiological control on shipping (consignment) documents”.

The CMU Resolution #953 complements the CMU Resolution “Some issues of state control of goods crossing the customs border of Ukraine” #1031 dd. 05.11.2011 by the following provision: “In case of the availability and proper functioning in crossing points, and the automated control complexes over the movement of radioactive substances and nuclear materials, then the radiological control of such goods is exercised exclusionary in the case of natural background radiation excess”.

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