Odesa Legal issues, Odesa Ecological issues
The Law of Ukraine “On Environmental Impact Assessment” (the “EIA Law“) implemented Directive 2011/92/ EU “On the Assessment of the Effects of Certain Public and Private Projects on the Environment” and replaced the Law of Ukraine “On Ecological Expertise”. The EIA Law envisages that a company should follow the new EIA procedure if it is involved into a planned activity that includes construction, reconstruction, re-engineering, liquidation (disassembly) of objects and other interference in the natural environment. The failure to comply with the EIA Law may result in impossibility of the business activity and such changes concern a wide range of enterprises, we decide to discuss them on the EBA Odesa Legal Committee & Ecological Working Group joint meeting on January 24, 2019.
Oleksandr Melnyk told about EIA procedure’s steps and terms, algorithm of the public informing and public hearings’ conducting, interaction with the Ministry of Ecology and Natural Resources of Ukraine, complaints regarding actions or omissions, legislative inconsistency and obstacles to fulfilment EIA procedure.
It should be noted that the Cabinet of Ministers of Ukraine adopted the following secondary legislation required for implementation of the EIA Law:
- Regulation “On Criteria for Determining Planned Activity, its Expansion and Change which are not Subject to the EIA” No. 1010;
- Regulation “On Procedure for Conducting Public Discussion while Preparing the EIA” No. 989;
- Regulation “On Procedure for the Transfer of Documentation to Provide the EIA Conclusion and the EIA Funding and on Procedure for Maintaining the Unified Register on the EIA” No. 1026.