Environmental legislation during martial law – how to preserve the nature and business?

25/ 03/ 2022

This was stated today by the EBA Industrial Ecology and Sustainable Development Committee members with Oleh Bondarenko, Chairman of the Verkhovna Rada Committee on Environmental Policy and Nature Management. First of all, we want to thank the state represented here by Oleg Bondarenko and Ruslan Strelts, acting Minister of Environmental Protection and Natural Resources, for having adopted important amendments to the legislation for the period of martial law, such as: Imposing a moratorium on certain scheduled and unscheduled inspections, established by Cabinet Resolution №303 of March 13, 2022. Obtaining certain permits based on the submission of declarations with the need to carry out all procedures after the abolition of martial law, in accordance with the requirements of CMU Resolution №314 of March 18, 2022. Terminating the provision of administrative services in the field of monitoring, reporting, and verification of greenhouse gas emissions, and therefore the lack of inspections on this basis and the lack of responsibility for late submission of such reports. These norms are determined by CMU Resolution №165 of February 28, 2022, and Law №2115 of March 3, 2022. Exempting companies, located in the territories of hostilities, from payment of the environmental tax for 2022, in accordance with Law №2120. At the same time, the Committees experts drew attention to a range of other issues that need to be improved: Environmental Impact Assessment (EIA) procedure. On March 23, public access to the Unified Register of EIA was restricted to prevent the use of information by the enemy. Thus, access can be restored only upon individual request to the Ministry of Environment. So, it would be appropriate now to move to electronic document management, simplify the requirements for preparing reports on EIA, reduce the time of the EIA procedure, provide opportunities to promptly amend the EIA report, extend the terms of fulfilling the conclusions on EIA, as well as to resolve the issue of EIA implementation for companies in case of relocation. Permitting procedures, namely, permits to emit pollutants into the air. It is necessary to decide on the automatically extended effect of environmental measures, in particular, on measures to reduce emissions of pollutants and postpone the deadline for meeting the emission limit values, given the delay in the implementation of environmental projects. The same applies to permits for special water use. Thus, secondary water users, who take water from the networks of primary water users, should be exempted from the need to obtain such a permit. Submission of statistical data. The business community proposes to consider the possibility of postponing the submission of forms of environmental statistics (forms №1 environmental costs, № TP1 - waste, №TP-2 Air, №TP-2 water farm) for the period of martial law, until its complete abolition and within six months from the date of abolition of martial law. The European Business Association continues to work with the authorities to develop constructive proposals that will help not only to preserve economic activity in Ukraine but also to promote its reconstruction in compliance with all environmental requirements.

First of all, we want to thank the state represented here by Oleg Bondarenko and Ruslan Strelts, acting Minister of Environmental Protection and Natural Resources, for having adopted important amendments to the legislation for the period of martial law, such as:

Imposing a moratorium on certain scheduled and unscheduled inspections, established by Cabinet Resolution №303 of March 13, 2022.
Obtaining certain permits based on the submission of declarations with the need to carry out all procedures after the abolition of martial law, in accordance with the requirements of CMU Resolution №314 of March 18, 2022.
Terminating the provision of administrative services in the field of monitoring, reporting, and verification of greenhouse gas emissions, and therefore the lack of inspections on this basis and the lack of responsibility for late submission of such reports. These norms are determined by CMU Resolution №165 of February 28, 2022, and Law №2115 of March 3, 2022.
Exempting companies, located in the territories of hostilities, from payment of the environmental tax for 2022, in accordance with Law №2120.

At the same time, the Committee’s experts drew attention to a range of other issues that need to be improved:

Environmental Impact Assessment (EIA) procedure. On March 23, public access to the Unified Register of EIA was restricted to prevent the use of information by the enemy. Thus, access can be restored only upon individual request to the Ministry of Environment.

So, it would be appropriate now to move to electronic document management, simplify the requirements for preparing reports on EIA, reduce the time of the EIA procedure, provide opportunities to promptly amend the EIA report, extend the terms of fulfilling the conclusions on EIA, as well as to resolve the issue of EIA implementation for companies in case of relocation.

Permitting procedures, namely, permits to emit pollutants into the air. It is necessary to decide on the automatically extended effect of environmental measures, in particular, on measures to reduce emissions of pollutants and postpone the deadline for meeting the emission limit values, given the delay in the implementation of environmental projects. The same applies to permits for special water use. Thus, secondary water users, who take water from the networks of primary water users, should be exempted from the need to obtain such a permit.

Submission of statistical data. The business community proposes to consider the possibility of postponing the submission of forms of environmental statistics (forms №1 environmental costs, № TP1 – waste, №TP-2 Air, №TP-2 water farm) for the period of martial law, until its complete abolition and within six months from the date of abolition of martial law.

The European Business Association continues to work with the authorities to develop constructive proposals that will help not only to preserve economic activity in Ukraine but also to promote its reconstruction in compliance with all environmental requirements.