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Business insists on revising key environmental initiatives

12/ 05/ 2021
  Earlier this January, the European Business Association identified the reform of environmental control and the introduction of an integrated permit in the field of industrial pollution control as an environmental priority for Ukraine in 2021. More than six months have passed since the EBA submitted its proposals for draft laws №3091 and 4167 which are the key documents on environmental regulation. However, as a result, the public was presented with documents that further overregulate and complicate the future implementation of these reforms. This was announced today, May 12, by representatives of the EBA Committee for Industrial Ecology and Sustainable Development during a meeting of the VRU Environmental Committee. However, despite numerous remarks, including from other stakeholders, the VRU Environmental Committee decided to recommend the revised draft laws №3091 and №4167 for the first-reading vote in parliament. Thus, draft law №3091, instead of removing the shortcomings of the current system, in fact, creates legal conflicts and offers a deliberately non-working model. According to business, all issues related to the control over the activities of companies should remain within the framework of the current Law on State Supervision and Control in the Sphere of Economic Activity. Meanwhile, the environmental function of eco-inspection needs to be strengthened. It can be done by establishing cooperation with other institutions, tightening requirements for inspectors and their motivation, combating corruption. Draft law №4167 is aimed at introducing the necessary European principles, but, with a clear lack of state support, it will have catastrophic consequences for the domestic economy. An urgent example of this is the difficulties in implementing the National Plan for Reducing Emissions from Large Combustion Plants (LCPs), the implementation of which is still under discussion. At the same time, other factors distort this important European integration reform, namely: inconsistency of the automated emission monitoring system with EU standards, non-involvement of business and relevant authorities in the development of BAT and unrealistic deadlines for their implementation, lack of pilot period necessary for the launch the reform, lack of any vision for the implementation of reform in the energy sector (again the LCPs), etc. All these aspects are covered in Directive 2010/75 / EU and should be also reflected in the draft law. Thus, the European Business Association does not support any of these draft laws in the current version and insists on their revision so that the desired progressive reforms of environmental control and industrial pollution do not become a burden on business.  For reference:  Draft Law №4167 aims to implement Directive 2010/75 / EU on industrial emissions into Ukrainian legislation, namely, to unify four environmental permits into an integrated one and introduce the best available techniques and management methods (BAT). Draft Law №3091 is focused on reforming the system of state environmental control and aims to create a new body of environmental control instead of the State Environmental Inspectorate, to include the principles of environmental control in the hierarchy of current legislation on environmental protection and state supervision (control) in the field of economic activity, increase the transparency of the work of regulatory authorities, etc.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

Earlier this January, the European Business Association identified the reform of environmental control and the introduction of an integrated permit in the field of industrial pollution control as an environmental priority for Ukraine in 2021. More than six months have passed since the EBA submitted its proposals for draft laws №3091 and 4167 which are the key documents on environmental regulation. However, as a result, the public was presented with documents that further overregulate and complicate the future implementation of these reforms.

This was announced today, May 12, by representatives of the EBA Committee for Industrial Ecology and Sustainable Development during a meeting of the VRU Environmental Committee. However, despite numerous remarks, including from other stakeholders, the VRU Environmental Committee decided to recommend the revised draft laws №3091 and №4167 for the first-reading vote in parliament.

Thus, draft law №3091, instead of removing the shortcomings of the current system, in fact, creates legal conflicts and offers a deliberately non-working model. According to business, all issues related to the control over the activities of companies should remain within the framework of the current Law on State Supervision and Control in the Sphere of Economic Activity. Meanwhile, the environmental function of eco-inspection needs to be strengthened. It can be done by establishing cooperation with other institutions, tightening requirements for inspectors and their motivation, combating corruption.

Draft law №4167 is aimed at introducing the necessary European principles, but, with a clear lack of state support, it will have catastrophic consequences for the domestic economy. An urgent example of this is the difficulties in implementing the National Plan for Reducing Emissions from Large Combustion Plants (LCPs), the implementation of which is still under discussion. At the same time, other factors distort this important European integration reform, namely: inconsistency of the automated emission monitoring system with EU standards, non-involvement of business and relevant authorities in the development of BAT and unrealistic deadlines for their implementation, lack of pilot period necessary for the launch the reform, lack of any vision for the implementation of reform in the energy sector (again the LCPs), etc. All these aspects are covered in Directive 2010/75 / EU and should be also reflected in the draft law.

Thus, the European Business Association does not support any of these draft laws in the current version and insists on their revision so that the desired progressive reforms of environmental control and industrial pollution do not become a burden on business. 

For reference: 

Draft Law №4167 aims to implement Directive 2010/75 / EU on industrial emissions into Ukrainian legislation, namely, to unify four environmental permits into an integrated one and introduce the best available techniques and management methods (BAT).

Draft Law №3091 is focused on reforming the system of state environmental control and aims to create a new body of environmental control instead of the State Environmental Inspectorate, to include the principles of environmental control in the hierarchy of current legislation on environmental protection and state supervision (control) in the field of economic activity, increase the transparency of the work of regulatory authorities, etc.

 

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

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