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Convergence of Ukrainian Legislation to EU Directives in Environment

Convergence of Ukrainian Legislation to EU Directives in Environment . Kiev , 16 October , 2013 Jerzy Sarnacki – Environmental Legal Expert. COMPLEMENTARY SUPPORT TO THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE FOR THE SECTOR BUDGET SUPPORT IMPLEMENTATION.

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Convergence of Ukrainian Legislation to EU Directives in Environment

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  1. Convergence of UkrainianLegislation to EU Directives in Environment Kiev, 16 October, 2013 Jerzy Sarnacki – EnvironmentalLegalExpert • COMPLEMENTARY SUPPORT TO THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE FOR THE SECTOR BUDGET SUPPORT IMPLEMENTATION

  2. Formal and legalbasis Ukraine signed the Energy Community Treaty - in September 2010, ratified the agreement and became full right member in February 2011 – obligation to implement a number of directives Initiallingthe text of the EU Ukraine Association Agreement in March 2013 EU-Ukraine Association Agenda - Enhanced cooperation in some 28 key sector policy areasincluding Environment – Chapter 6

  3. Directives included in the Annex to EU Ukraine AA

  4. Directives included in the Annex to EU Ukraine AA

  5. Directives included in the Annex to EU Ukraine AA

  6. LegalBasis Regulation no. 571 of the Ministry of Ecology and Natural Resources – on preparation of baseline environmental plan for adaptation of Ukraine's legislation to the European Union (legal aspects) Cabinet of Ministers of Ukraine, Ordinanceon March 28, 2012 № 156-p - on approval of NationalProgramAdaptation of UkraineEU legislation Baseline plan for adaptation of environmental legislation of Ukraine to the legislation of the European Union(Baseline approximation plan) was approved by Order of the MENRNo. 659 of December 17, 2012

  7. MENR – maincoordinatorconvergenceprocess December 2010, the European Commission and the Ukrainian Government signed a Financing Agreement by which both sides are committed to implement Environment Sector Budget Support Programme (35.0 M€) Overview of the legislation in environment and BaselineHarmonisation Plan Program for law making activities targeted towards facilitation of the environmental authorization system and implementation of a single window systemprepared with support of SIDA TA for SBS in Environment – Component 5 providessupport on elaboratingplan for convergence of environmental legislation to EU regulations

  8. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding incorporation of EU environmental legislation into national laws, rules and procedures Transposition

  9. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding development of institutions, human resources development, management systems etc. Implementation 9

  10. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding provision of the necessary control and sanctions system to ensure compliance with the implemented measures Enforcement 10 10

  11. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding Undertakings in infrastructure projectsto achieve environmental standards Investments 11 11 11

  12. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding Analysis of infrastructure and abatement equipment Costs of complianace Comparingdirective requirements and the existing situation Calcultaingcosts of investments needed(unit costs, costmodels) 13 13 13

  13. Elements of Planning Convergence Transposition Implementation Enforcement Investments Costs of compliance Funding Comparingdemand for finance based from costing analyses, against the availablefundingsources Funding Identifysuitable financial sources and tools 14 14 14

  14. user charges or fees • public budgets • environmental funds • foreign grants and loans • private capital Funding • capacity of national income to support the level of expenditures required affordability the capacity of individual users to afford service charges.

  15. Work of Sub-Sector/Directive Working Groups How did we organizethe process Inter-ministerial consultations Awareness/progress seminars Complementary Training Study visit to EU Member State (s) Coordination with other donor projects • Environmental Governance • Air, IndustrialPollutionand climate change • Water • Waste • Industrial Pollution • Nature and GMO Work of Sub-Sector/Directive Working Groups

  16. Work of Sub-Sector/Directive Working Groups How did we organizethe process Inter-ministerial consultations Awareness/progress seminars Complementary Training Study visit to Memver State (s) Coordination with other donor projects Establishing competent authorities for specific directives Reallocation of responsibilities Capacity builidng measures Inter-ministerial consultations 17

  17. Work of Sub-Sector/Directive Working Groups How did we organizethe process Inter-ministerial consultations Awareness/progress seminars Complementary Training Study visit to Member State (s) Coordination with other donor projects • Start up Seminar – October,2012 Awareness/progress seminars • 1st AwarenessSeminar - March 2013 • 2nd AwarenessSeminar- December 2013 • Third Seminar – April, 2014 • Location in the selected regions 18

  18. Work of Sub-Sector/Directive Working Groups Inter-ministerial consultations How did we organizethe process Awareness/progress seminars Complementary Training Study visit to Member State (s) Coordination with other donor projects • Delivered by LTE and STEs of TA for SBS • Training delivered in harmonisation with Working Group meetings Complementary Training • Environmental law and requirements of the EU Directives • Experiences of new Member States 19

  19. Work of Sub-Sector/Directive Working Groups Inter-ministerial consultations How did we organizethe process Awareness/progress seminars Complementary Training Study visit to Member State (s) Coordination with other donor projects • Organized by TA for SB for 10 – 15 persons Study visit to EU Member State (s) • Scope of study tour and host institution to be determined • Time and country to be determined • Experiences of new Member States 20

  20. Work of Sub-Sector/Directive Working Groups Inter-ministerial consultations How did we organizethe process Awareness/progress seminars Complementary Training Study visit to Member State (s) Coordination with other donor projects • SIDA Capacity Building for Approximation Process • EU Protection of freshwaters and marine environment in the wider Black Sea region Coordination with other donor projects • Support to the implementation of Ukraine's Energy strategy in the area of energy efficiency and renewable sources of energy Support to the MENR on implementation of the Law on Ecological Audit(Twinning) 21

  21. Project Steering Committeee TA for SBS in Environment TA for SBS in Environment Team Leader WorkingGroups commenting draft convergenceplans identyfyingand proposingactivities, measures timing for the Strategy Key Expert for Legal Component DraftingConvergencePlans Short/Medium Term Int. and Local Experts MENR Project Coordinator • Overallcoordinator for strategyelaboration LegalDepartment MENR Technical Departments • Commenting and technicalinput to ConvergencePlans OtherMinistries and Agencies Independent experts

  22. OUTPUTS Institutional gap analysis vs requirements of the EU Directives Action plans for transposition of legislationadministrative, and institutional arrangements 29 Specific DirectivesConvergencePlans Action plans for administrative, and institutional arrangements Indicative cost estimates for meeting EU Directives’ requirements Indicative investments plans and indentification of sources of funding

  23. 29 ConvergencePlans - essential tools in planning the compliance with the EU Directives with identifiedtasks that need to be done in order to implement the specific directive • ConvergencePlans (serving for projects pipelinedevelopment) OUTPUTS • NationalConvergene Environmental Strategyendorsed-Consilidatedstrategydocument for all sub-sectorsin environment Partnership and interministerialcoordinationmechanismsestablished Until the end of 2014 Establishinginter-ministerial consultation mechanisms for development, implementation and regular update of the Strategy

  24. Higherefficiency of approximation to the EU environmental acquis managed by the MENR • Strengthenedinstitutional framework and the administrative capacityfor the implementation of the EU environmental acquis EXPECTED RESULTS • Relevant target groups and stakeholders are aware of the EU requirements, principles and implications of the implementation • Highersynergy of donor projects and donor coordinationimproved 2 – 5 years • Increasedoperational level of EU associationplanningdocuments Increasedefficiencyin allocating resources Improvedstakeholders’ involvement and participation

  25. EXPECTED IMPACT Improvedconditions for investments and economic development Development greentechnologies and eco-business Improvedquality of environment 5 – 15 years Improvedhealth of populations Preservation of existingbiodiversity

  26. Need to organizeintroductoryworkshop on start of the process LESSONS LEARNT Nominating of the overall coordinator - MENR Establishing Working Groups for sub-sector/Directive Nominating the coordinators for Working Groups Adopting the indicative timetable for the process of elaboration of the strategy Adopting the indicative timetable for the awareness events /selection of location Design and delivercomplementary training plan

  27. Securedavailability of bothUkrainian and internationalexperts LESSONS LEARNT Efficient management of the process of establishing and activities of WorkingGroups Importance of involvement of regionaladministrationthrough the regionalseminars • Interim resultsdelivered in the form of presentations and draft ConvergencePland Stagebasedapproach with interim resultsdelivered (2 – 3 round of consultations) Stagesdesignedaccording to the sub-sectors/directives

  28. Need to establishStrategy Management Unit (secretariat) providingneccessarydata and securingparticipationin the technicalworkinggroups LESSONS LEARNT Strongproject management aimedatoverseeing, facilitation and coordination of work of STEsprovidinginputs to elaboration of the strategy Quality of facilitationof the workshops and delivery of complementarytraining

  29. Commitment on planning convergence process (National Environmental Convergence Strategy) LESSONS LEARNT Committment of the main stakeholders on participation in the work on convergence plans Committment of the main stakeholders to allocate resources neccessary in the planning process Committment of the main stakeholders for adjustments and amendments in the current institutional system for environmental protection and management Regional and Local Administration should be awareabout the process and involved in the planning

  30. CP - essential tools in planning the implementation of EU Directives - DSCPs are living documents that require continuous updating – need to haveclearresponsibilities in MENR LESSONS LEARNT Clear set responsibilityfor implementation of each task will necesitateallocation of responsibilitiesamongregional and localadministration Strengthening of environmental monitoring should be planned and enforced Administrative reform of environmentalauthoritiesshouldtakeintoaccount the strategies and plans on convergnce with EU legislation

  31. Thank you very much for yourattention !jerzy.sarnacki@sbs-envir.com

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