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The terms for eco-modernization should consider the investment plans of companies

15/ 10/ 2021
  This opinion was voiced by representatives of the EBA Industrial Ecology and Sustainable Development Committee on October 13 during a meeting of the Verkhovna Rada Committee on Environmental Policy and Nature Management. While considering draft Law №5339 on the improvement of the current legislation on air protection, the EBA experts noted the following contradictory provisions: the obligation for businesses to install automated pollutant emission monitoring systems, although there is currently no established procedure for the installation of such systems and data transmission; the obligation to arrange sampling points for measuring gas and dust flow at installations regardless of the group of objects. This is unrealistic, for example, for boilers that objectively do not have the appropriate technical and financial capacity; annual submission of a report on compliance with the emission permit and the implementation of measures to reduce emissions while there is a lack of procedure for submission, in particular, the deadlines and form of the reports; implementation of measures to reduce pollutant emissions for a period not exceeding 10 years - without the possibility of its continuation; introduction of liability for obstruction to inspections from the State Environmental Inspectorate, which in fact eliminates the right guaranteed by the current legislation of companies to refuse an entry of inspectors for a number of reasons. First, all these proposals are duplicated with the provisions of other draft laws registered in the Verkhovna Rada aimed at implementing key environmental reforms. These are the draft laws in the field of industrial pollution control №6004, №6004-1, and №6004-2, as well as draft law №3091 on state environmental control. There are enough precedents in the current legislation when companies appear to be violators of the law due to the presence of several regulations on one issue. And some control authorities use this situation for abuse of powers. For example, the lack of uniform requirements for establishing the efficiency of existing gas treatment plants. Olga Boiko. EBA Industrial Ecology and Sustainable Development Committee Coordinator. According to the European Business Association, the best solution would be to leave the above issues in the regulation of relevant legislative initiatives, as well as to maintain a dialogue with the business community, which is ready to continue modernization with further cooperation by the authorities.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

This opinion was voiced by representatives of the EBA Industrial Ecology and Sustainable Development Committee on October 13 during a meeting of the Verkhovna Rada Committee on Environmental Policy and Nature Management.

While considering draft Law №5339 on the improvement of the current legislation on air protection, the EBA experts noted the following contradictory provisions:

  • the obligation for businesses to install automated pollutant emission monitoring systems, although there is currently no established procedure for the installation of such systems and data transmission;
  • the obligation to arrange sampling points for measuring gas and dust flow at installations regardless of the group of objects. This is unrealistic, for example, for boilers that objectively do not have the appropriate technical and financial capacity;
  • annual submission of a report on compliance with the emission permit and the implementation of measures to reduce emissions while there is a lack of procedure for submission, in particular, the deadlines and form of the reports;
  • implementation of measures to reduce pollutant emissions for a period not exceeding 10 years – without the possibility of its continuation;
  • introduction of liability for obstruction to inspections from the State Environmental Inspectorate, which in fact eliminates the right guaranteed by the current legislation of companies to refuse an entry of inspectors for a number of reasons.

First, all these proposals are duplicated with the provisions of other draft laws registered in the Verkhovna Rada aimed at implementing key environmental reforms. These are the draft laws in the field of industrial pollution control №6004, №6004-1, and №6004-2, as well as draft law №3091 on state environmental control. There are enough precedents in the current legislation when companies appear to be violators of the law due to the presence of several regulations on one issue. And some control authorities use this situation for abuse of powers. For example, the lack of uniform requirements for establishing the efficiency of existing gas treatment plants.

Olga Boiko EBA Industrial Ecology and Sustainable Development Committee Coordinator

According to the European Business Association, the best solution would be to leave the above issues in the regulation of relevant legislative initiatives, as well as to maintain a dialogue with the business community, which is ready to continue modernization with further cooperation by the authorities.

 

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

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