Unofficial translation

Report of the Ukrainian Party

on the Matters Set Out in Paragraph 24 of Decision V/4,
Adopted at the Fifth Session of Meeting of the Parties to the
Espoo Convention
June 20-23, 2011, Geneva, Switzerland

Kyiv
Table of Contents

Introduction ..........................................................................................................3
1. Report on the Realization of the Action Plan (Strategy) for the
Implementation of Paragraphs 11-12 of Decision IV/2 of the Parties to the Espoo
Convention, Approved by Resolution No. 9-р of the Cabinet of Ministers of
Ukraine dated 06.01.2010 ....................................................................................4
2. Report on the Implementation of Measures on Development and Entering Into
Bilateral Agreements Aimed at Realization of the Espoo Convention Provisions6
3. Report on Measures Undertaken to Ensure the Implementation of the Espoo
Convention Provisions on the Danube-Black Sea Deep Water Navigation Route
in the Ukrainian Sector of the Danube Delta .......................................................7
3.1. Measures Undertaken to Ensure the Implementation of the Espoo
Convention Provisions on Bringing Into Full Compliance the Danube-Black
Sea Deep Water Navigation Route in the Ukrainian sector of the Danube Delta. 7
3.2. Measures of Environment Monitoring of the Area of the Danube-Black
Sea Deep Water Navigation Route in the Ukrainian sector of the Danube Delta 9
Appendices:........................................................................................................13
THE LAW OF UKRAINE....................................................................................14

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 Introduction

Ukraine has ratified the Convention on Environmental Impact Assessment in

a Transboundary Context (hereinafter referred to as the Espoo Convention) by the
Law of Ukraine No. 534-ХIV dated 19.03.1999.
In paragraph 24 of Decision V/4 adopted at the Fifth Session of Meeting of
the Parties to the Espoo Convention held on June 20-23, 2011 in Geneva, Meeting
of the Parties requested the Government of Ukraine to report by the end of each
year on:
steps taken to bring into full compliance the Danube-Black Sea Deep Water
Navigation Route in the Ukrainian sector of the Danube Delta with the provisions
of the Espoo Convention, implementing the measures in accordance with
paragraph 19 of Decision V/4 of Meeting of the Parties of the Espoo Convention,
and on the post-project analysis of the project;
the implementation of the strategy, in particular on concrete legislative
measures adopted to this effect.
The Ukrainian Party has drawn up this report to implement para. 24 of
Decision V/4 of Meeting of the Parties of the Espoo Convention.

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1. Report on the Realization of the Action Plan (Strategy) for the Implementation of
Paragraphs 11-12 of Decision IV/2 of the Parties to the Espoo Convention,
Approved by Resolution No. 9-р of the Cabinet of Ministers of Ukraine dated
06.01.2010

1. Paragraph 1 of Clause 1 of the Action Plan (Strategy) for implementation

of paragraphs 11-12 of Decision IV/2 of the Parties to the Espoo Convention,
approved by Resolution No. 9-р of the Cabinet of Ministers of Ukraine dated
06.01.2010 (the “Strategy”) provides for the development and submission of the
Draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on
Implementation of the Provisions of the Convention on Environmental Impact
Assessment in a Transboundary Context (Appendix 1) to the Cabinet of Ministers
of Ukraine. This legal and regulatory act was developed by the Ministry of
Environmental Protection of Ukraine, agreed upon the public authorities concerned
and submitted to the Cabinet of Ministers of Ukraine by Letter No. 21697/16/10-11
dated 04.11.2011 for the further introduction thereof to the Verkhovna Rada of
Ukraine for approval purposes. However, in the opinion of the Cabinet of
Ministers of Ukraine, the matters related to making amendments to the Law of
Ukraine No. 3038-VI “On Regulation of Urban Planning Activity” dated
17.02.2011 shall be subject to further agreement.
On December 20, 2011 the Ministry of Environmental Protection of
Ukraine, with participation of other executive authorities, held an approval meeting
as well as scheduled a series of additional approval meetings for the submission of
the stated Draft to the Verkhovna Rada of Ukraine as soon as possible.

2. Clause 1 of the Strategy provided for the development and submission

for approval of the Procedure for Environmental Impact Assessment in a
Transboundary Context to the Cabinet of Ministers of Ukraine. The Ministry of
Environmental Protection of Ukraine developed this Procedure (Appendix 2) as of
beginning of 2011. However, on February 17, 2011 the Law of Ukraine “On
Regulation of Urban Planning Activity” was adopted and it materially changed the
procedure of construction project assessment. This law required the adoption of a
considerable body of bylaws which would ensure its implementation into practice.
Discrepancy in the provisions of the Law of Ukraine “On Regulation of Urban
Planning Activity”, to the extent they allow or disallow the state environmental
expertise, prevented any material changes of the project assessment procedure until
establishment of sustainable judicial practice. All that made it impossible to submit
the developed Draft to the Government.
Despite problematic situation triggered by the adoption of the Law of
Ukraine “On Regulation of Urban Planning Activity”, Resolution No. 771 of the
Cabinet of Ministers of Ukraine provided for the Procedure for the Involvement of
Public in Discussion of the Issues on Decisions Which May Affect the State of
Environment. This Procedure is aimed at ensuring proper procedure for
participation of public in making environment-geared decisions as well as

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removing a range of violations which had caused breach of the Espoo Convention
and the Aarhus Convention.
Therefore, although the document provided for in the Espoo strategy was
not submitted to the Cabinet of Ministers of Ukraine, another act of the Cabinet of
Ministers of Ukraine designed for the fulfillment of the tasks set out for the
Procedure for Environmental Impact Assessment in a Transboundary Context was
adopted.
The Draft Procedure for Environmental Impact Assessment in a
Transboundary Context shall be completed after adoption of the Draft Law of
Ukraine “On Amendments to Certain Laws of Ukraine on Implementation of the
Provisions of the Convention on Environmental Impact Assessment in a
Transboundary Context”.
3. Clause 1 of the Strategy provided for the development and submission of
the Draft Resolution of the Cabinet of Ministers of Ukraine “On Amendments to
the Regulation on the Ministry of Environmental Protection of Ukraine approved
by Resolution No. 1524 of the Cabinet of Ministers of Ukraine dated 02.11.2006”
to the Cabinet of Ministers of Ukraine. Decree No. 452/2011 of the President of
Ukraine dated 13.04.2011 approved the Regulation on the Ministry of
Environmental Protection of Ukraine. According to sub-clause 24 of Clause 4 of
this Regulation, the Ministry of Environmental Protection of Ukraine shall arrange,
coordinate, and monitor the environmental impact assessment, including in a
transboundary context ...”. In this regard, the tasks set out for the Draft Resolution
of the Cabinet of Ministers of Ukraine “On Amendments to the Regulation on the
Ministry of Environmental Protection of Ukraine approved by Resolution No. 1524
of the Cabinet of Ministers of Ukraine dated 02.11.2006” were fulfilled.
4. Clause 1 of the Strategy provided for the development and submission of
the Draft Resolution of the Cabinet of Ministers of Ukraine “On Amendments to
the Procedure for Approval of Investment Programs and Construction Projects and
the State Expertise Thereof” to the Cabinet of Ministers of Ukraine. On February
17, 2011 the Law of Ukraine “On Regulation of Urban Planning Activity” was
adopted and Article 31 thereof changed the construction project expertise
procedure and required the adoption of a new resolution of the Cabinet of
Ministers of Ukraine which would approve such expertise procedure. Resolution
No. 560 of the Cabinet of Ministers of Ukraine dated 11.05.2011 approved
the Procedure for Approval of Construction Projects and the Expertise
Thereof.
This Resolution declared Resolution No. 1269 of the Cabinet of Ministers
of Ukraine “On Procedure for Approval of Investment Programs and Construction
Projects and the State Expertise Thereof” dated 31.10.2007 as null and void.

5. Clause 2 of the Strategy provided for making amendments to State

Construction Norms DBN (State Constructing Norms) А.2.2-1-2003 “Structure
and Contents of Environmental Impact Assessment (EIA) Materials in Designing
and Constructing Industrial Enterprises, Buildings, and Facilities. Basic Principles
of Design”, approved by Order No. 214 of the State Construction Committee of
Ukraine dated 15.12.2003. Deadline ‒ September, 2011. This Draft was developed
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by the Ministry of Environmental Protection of Ukraine and submitted to the
Ministry of Regional Development, Construction, Housing and Public Utility
Sector of Ukraine (Appendix 3).
6. Pursuant to Clause 4 of the Action Plan, the Ukrainian Party
acknowledges that the development and approval of the guidelines on practical use
of the Convention on Environmental Impact Assessment in a Transboundary
Context will be possible upon adoption of the legal and regulatory acts set out in
Clauses 1, 2, 5 of this Report.

2. Report on the Implementation of Measures on Development and Entering

Into Bilateral Agreements Aimed at Realization of the Espoo Convention
Provisions
 

Pursuant to paragraph 14 of Decision IV/2 of the Forth Session of Meeting

of the Parties to the Convention on Environmental Impact Assessment in a
Transboundary Context held on May 19-21, 2008 in Bucharest, Romania, the
Ukrainian Party, according to the Reports of the Ukrainian Party (Letters
No. 26949/12/10-10 and No. 4300/07/10-11-МП of the Ministry of Environmental
Protection of Ukraine dated 27.12.2010 and 24.02.2011 respectively), has sent the
draft bilateral agreement, complying with the requirements of Article 8 of the
Espoo Convention, to Moldova, Poland, Slovakia, Hungary, Byelorussia.

In 2011, the Ukrainian Party in the Letters of the Ministry of Environmental

Protection of Ukraine No. 3031/12/10-11 dated 09.02.2011 to the Republic of
Belarus, No. 3028/12/10-11 dated 09.02.2011 to the Republic of Poland,
No. 3029/12/10-11 dated 09.02.2011 to the Slovak Republic, No. 3030/12/10-11
dated 09.02.2011 proposed the timeline for the bilateral meetings. Once again, the
Ukrainian Party requested the neighboring countries to hold the negotiations of the
stated Agreements in Kyiv and proposed exact timeline of possible meetings. As
the result, the negotiations with the Republic of Belarus held on 22.03.2011, with
the Republic of Poland held on 05.04.2011, with the Slovak Republic held on
12.04.2011 and with the Romanian Party held on 17.05.2011 took place in Kyiv.
The Parties discussed the draft agreements and major problems related to the
legislative differences. It was agreed to proceed with the discussions and
development of bilateral Agreements in September, 2011 after working through the
Parties' comments.
In addition, we shall state that the Hungarian Party failed to reply to the
invitation for negotiations and the proposal to provide any comments to the draft
Agreement.
On November 7, 2011 the Ukrainian Party held the second round of
negotiations with the Slovak Party regarding the draft bilateral agreement.

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 3. Report on Measures Undertaken to Ensure the Implementation of the
Espoo Convention Provisions on the Danube-Black Sea Deep Water
Navigation Route in the Ukrainian Sector of the Danube Delta

3.1. Measures Undertaken to Ensure the Implementation of the Espoo

Convention Provisions on Bringing Into Full Compliance the Danube-
Black Sea Deep Water Navigation Route in the Ukrainian sector of the
Danube Delta.
 

The construction project assessment procedure is the legal procedure for the
implementation of the Espoo Convention provisions. This procedure has been
substantially changed due to the adoption of the Law of Ukraine No 3038-VI “On
Regulation of Urban Planning Activity” dated 17.02.2011. To be put into effect,
this law requires the Cabinet of Ministers of Ukraine to adopt a range of
resolutions. Considerable part of these resolutions have been adopted, among
them: Resolution No. 560 of the Cabinet of Ministers of Ukraine “On Approval of
the Procedure for Approval of Construction Projects and the Expertise Thereof and
Declaration of Certain Resolution of the Cabinet of Ministers of Ukraine as Null
and Void” dated 11.05.2011; Resolution No. 53 of the Cabinet of Ministers of
Ukraine “On Approval of the Compliance Criteria for Expert Organizations
Responsible for the Construction Project Expertise” dated 23.05.2011; Resolution
No. 554 of the Cabinet of Ministers of Ukraine “Some Issues of Competency
Assessment of Responsible Officers for Certain Types of Activities (Services)
Related to the Creation of Architectural Objects” dated 23.05.2011; Resolution
No. 557 of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for
the Classification of Construction Projects Falling Within IV and V category of
complexity” dated 21.04.2011, etc.
The same Law introduces amendments to the Law of Ukraine “On
Environmental Expertise” dated 09.02.1995. However, the Law of Ukraine “On
Regulation of Urban Planning Activity” introduced no amendments to the
provision of Part 3 of Article 13 of the Law of Ukraine “On Environmental
Expertise” according to which “the state ecology expertise shall be compulsory for
highly environmentally dangerous activities and objects. The list of highly
environmentally dangerous activities and objects shall be established by the
Cabinet of Ministers of Ukraine”. Herewith, Part 5 of Article 31 of the Law of
Ukraine “On Regulation of Urban Planning Activity” provides for that “the
establishment of events and construction project expertise procedure by other laws
shall not be allowed”. Such situation invoked problems in the law-enforcement
policy as the compulsory nature of the ecology expertise was not exactly
determined.
As the sustainable practice of application of the provisions of the Law of
Ukraine “On Regulation of Urban Planning Activity” and the Law of Ukraine “On
Environmental Expertise” as well as acts adopted on the basis of the former were
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unavailable, the steps to be taken to bring into full compliance the Danube-Black
Sea Deep Water Navigation Route in the Ukrainian sector of the Danube Delta
were not determined.
The situation in Ukraine was reviewed within the project “Assistance to
Ukraine in Implementation of the Provisions of the Espoo Convention and the
Aarhus Convention”. However, since termination of the project (in August, 2010)
the situation in the sphere of implementation of the provisions of the Espoo
Convention and the Aarhus Convention has considerably changed. In this regard
the project recommendations became obsolete. Besides, the project
recommendations could not consider the changes of the applicable Ukrainian
legislation introduced by the Law of Ukraine “On Regulation of Urban Planning
Activity”.
In face of the tangled situation with the implementation of the provisions of
the Espoo Convention and the Aarhus Convention, Ukraine has drawn up a range
of projects. They were referred to in the previous section of this report.
Complexity of the implementation of the provisions of the Espoo
Convention, with regard to bringing them into full compliance the Danube-Black
Sea Deep Water Navigation Route in the Ukrainian sector of the Danube Delta, is
also due to the fact that the implementation of the provisions of the Espoo
Convention is subject to a series of expert examinations requiring extra costs. As
the budgets of public authorities and state enterprises have been already approved,
the allocation of extra costs for the mentioned expert examinations is practically
impossible. In this regard, only 2012 will bring the possibility to approve new
budgets and estimate extra costs for the provision of finance for the realization of
measures directed at implementation of the provisions of the Espoo Convention on
bringing into full compliance the Danube-Black Sea Deep Water Navigation Route
in the Ukrainian sector of the Danube Delta.
To improve situation with the implementation of the provisions of the Espoo
Convention in the process of realization of the project for creation of the Danube-
Black Sea Deep Water Navigation Route in the Ukrainian sector of the Danube
Delta, a meeting of Intergovernmental Coordination Council on the
Implementation of Espoo Convention in Ukraine were held (02.11.2011).
New project “Assistance to Ukraine in Implementation of the Provisions of
the Espoo Convention and the Aarhus Convention” was launched. This project
provides for the assessment of the applicable Ukrainian legislation and the issue
resolution procedures.

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 3.2. Measures of Environment Monitoring of the Area of the Danube-Black
Sea Deep Water Navigation Route in the Ukrainian sector of the
Danube Delta

Ukraine supports creation of a common international system of monitoring

the entire Danube delta. In 2009, Ukrainian and Romanian consultations took place
to organize the common monitoring of the Danube delta and delta front, but
cooperation has not started yet.
At the beginning of this year (2011), under the auspices of the International
Commission for the protection of Danube (ICPDR) and the UNECE, Ukraine,
Rumania and Moldova have started the execution of the project "Common
ecological monitoring, assessment and exchange of information for the integrated
management of the Danube river delta region". It is the first step towards the
complex management of Danube river delta that will allow us to prepare complex
analysis of the situation in Danube river delta and to elaborate measures to
maintain the sustainable development of the region. It will result in elaboration and
implementation of the common program in Danube river delta that will contribute
to the harmonization of the monitoring system in Danube river delta.
Ukraine has launched the system of comprehensive monitoring of the
Danube delta environment, including research and engineering monitoring
programs.
The works in 2011 are executed according to the Requirements specification
for the execution of the works under the contract between Ukrainian scientific and
research institute of ecological problems and State enterprise «Delta-Lotsman» and
to the Program of complex ecological monitoring of the environment during the
renovation and exploitation of DNR Danube river – Black Sea.
The principal contractor (Ukrainian scientific and research institute of
ecological problems of the Ministry of nature environment protection of Ukraine)
has involved the following organization in the execution of the works:
Hydrometeorological observatory of Danube, Odessa Center of South research
institute of maritime fish industry and oceanography, State enterprise
“ChornomorNDIproject”, Odessa branch of the institute of biology of southern
seas of the National Academy of Sciences of Ukraine, Danube biosphere reserve
of the National Academy of Sciences of Ukraine, Institute of hydrobiology of the
National Academy of Sciences of Ukraine, Institute of zoology of the National
Academy of Sciences of Ukraine, Ukrainian center of management of land and
resources, Ukrainian scientific center of ecology of the sea, scientific production
association "Аvіа".
The below-mentioned main kinds of works are stipulated by the
Monitoring program in 2011:
obtaining and processing the results of regular hydrological and
hydrochemical monitoring at the points of background observation, in

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hydrotechnical works execution area and in the area of possible impact of the
renovated DNR on the natural environment (river and sea parts);
obtaining and processing the results of control measurements of the quality
of water and bottom sediments during dredging works execution;
monitoring of coastal dumps of earth deposit and monitoring in the area of
maritime dump of deposit;
hydrobiological research on the maritime and freshwater parts during the
renovation and exploitation of navigable route Danube river – Black Sea;
monitoring of the ichthyofauna state, assessment of the possible negative
impact on the fish resources during the renovation and exploitation of navigable
route Danube river – Black Sea;
quarterly calculation of the damages caused to the aquatic environment and
fish resources and of the amount of compensatory payments, assessment of
residual soil capacity of sludge ponds (maritime etc.).
scientific justification of the further exploitation of maritime pond during the
period of execution of the works under the project for the overall development
(operational dredging)
monitoring of plant and animal species of the coastline and wetlands of
Danube biosphere reserve during the restoration and exploitation of DNR Danube
river – Black Sea;
assessment of the state of water areas used for fishes spawning of and birds
nesting and nutrition;
assessment of the cumulative impacts of the navigation on the state of
terrestrial and water ecosystems;
determination of the possible negative impact on the ecological state of
Danube river delta and of the possible transboundary impact on the territory of
Rumania (assessment of impact level including in transboundary context; treatment
of the materials related to the commentaries and observations of Romanian side, of
the ESPOO Convention, in the context of actual data received as a result of the
complex ecological monitoring);
analysis and generalization of observation results, elaboration of forecast of
change of the state of natural environment;
elaboration of the recommendations concerning the prevention and
minimization of the impacts etc.
The observations have been carried out of the state of the plant communities,
araneofauna, entomofauna, macrozoobenthon of freshwater and brackish water
territories within the Danube Biosphere Reserve, herpetofauna and rare
ichthyofauna, avifauna. Below are given preliminary results of separate groupings
monitoring.
Plant communities.
Field research has been carried out on the territory around navigable route as
well as outside its borders. The biggest attention was paid to the study of the
changes of flora and vegetation directly on the territory of the dam and in the way
leading to it as well as of seaside parts of islands Stamboulskiy, Koubanskiy,
Rouban and of Ptachina spit. Actual state of flora and vegetation on the island
Yermakiv and their changes have been studied separately.
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 The territory of Stamboulskiy island has almost recovered its plant cover.
The way to the dam is overgrown with the vegetation of initial stages of
vegetational fluctuation. In September-at the beginning of October the projective
cover of the vegetation was from 30 to 45 %, and on separates areas reached up to
85 %.
In summer, on the dam the overgrowing of which has started at the end of
spring –at the beginning of summer of this year, it was noticed the formation of
vegetation cover not only from pioneer vegetation, but also from arboreal and
dumetosous one. The shallows around the dam are overgrowing with the dense
vegetation cover from hygrophyte species with general projective cover reaching
up to 100% in some areas.
Inspection of islands Stamboulsiy, Yermakyv, Ptashina spit and the Bystriy
estuary that are located directly near the route Danube river – Black Sea, has
revealed that the formation of the vegetation was taking place in favorable
conditions, particularly, it concerns water, meadow and meadow-swamp
vegetation complex.
The washout of coast line along Starostamboulske and Bystre mouthes did
not occur. Growth of land and forming of the vegetation cover have taken place on
the considerable area. The formation of pioneer vegetation with high projective
cover 85-100% started on this area.
At present time, the Bystriy estuary has the depth from 0,1 to 1,0 m. A small
depth contributed to the development of real water vegetation - from 25-30 to 45-
60 % of the water surface, that is an extraordinarily high indicator in comparison
with previous years.
On Yermakyv island, renewal changes of the vegetation are in progress
almost on the whole part of the island. First of all, the renewal of water and swamp
species of vegetation is in progress. True water vegetation is not developed
enough, but new species for the DBR flora was found - elodea natturallii Elodea
nuttallii Planchon) H. St. John . It was also noticed the renewal and spreading of
the population of rare species registered in the Red Data Book of Ukraine –
swimming caltrop Trapa natans L. and spring snowflake Leucojum aestivum, as
well as a considerable spreading of the population of the species the groupings of
which are registered in the Green Data Book of Ukraine - white water lily
Nymphaea alba.
During field research of the territory of the reserve at the beginning of this
year 8 new species of plants were found, and 2 more species of plants found during
last field research, are not determined yet. At present, the DBR flora makes up 966
species of higher vascular plants.
Vegetation cover development in Danube river delta this year was connected
with climate peculiarities of the year. At the same time, this year, it was observed
the influence of the last year’s inundation that brought in Danube river delta not
only the biggest quantity of water and mud, but also a lot of different seed plant
material that has already revealed in findings of new species of plants for the DBR
flora.
Rare ichthyofauna.

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 During the reporting period, for the study of the influence of the DNR on the
rare species of ichthyofauna, a research fishing was carried out with the use of
special fishing tools – fry tuck nets, fry trawls and drift nets, according to the
specified methodologies that allow to release young fishes back to water body
without any damages after biological parameters been studied. Observations were
carried out regularly of the additional catches of rare species of fishes during the
fulfillment of industrial catch in the area of DNR «Danube river – Black Sea».
Extraordinarily high quantity of young fishes of starlet was registered in the
section of Kiliyske mouth of Danube river from 19 to 20 km during the carrying
out of catches by drift nets in third decade of July of this year. It should be noted,
that it is exactly in this section during industrial catch of herring was registered as
well an additional catch of young fishes of starlet, thus, at the request of the
administration, this catches was stopped starting from the 24th of May of this year.
Among the other rare species of fishes of ichthyofauna of the DBR, only fresh-
water eel was registered in the catches.
As a result of the observations carried out during the reporting period, for
the second time in this year was noted a species of royal fish (Chalcalburnus
chalcoides Guld.) that is very rare one for Danube river and Ukrainian
ichthyofauna in general. In the same area of costal waters during industrial catch
on the 1st of September, 2011, for the first time for the ichthyofauna of the DBR
and of the neighbouring part of Black Sea it was registered a new species of the
family of stumpnose - salpa (Sarpa salpa L.).
One of the peculiarities of 2011 was a low water level in Danube river
during the whole period of observations. This natural factor undoubtedly had a
certain impact on the representatives of the ichthyofauna, including of the rare one
in the area of research.
Avifauna.
According to the data of ornithological observations during the nesting
period some changes have taken place in the structure of nesting settlements of
birds of Charadriiformes order of the front edge of the delta in comparison with
previous years. The quantity of piping plover in the nesting place increased by 3
times, and the quantity of Caspian plover (this species is included in the category 1
of the Red book of Ukraine) increased by 40 pairs. On the Taranova spit that is a
part of buffer zone of the reserve, the quantity of sandwich tern increased more
than twice, and were noticed in the nesting place 4 species of birds that are
recorded to the Red book of Ukraine – little tern, Caspian plover, catcher, pied
avocet.
In August, a systematic registration of waterfowl species of birds in the
seaside zone of the DBR was carried out, including the area of Ptashina spit that is
located near the bar part of the Bystre mouth. It was noted that the majority of such
species like mallard, gadwall and greylag goose during the stated period is the
highest for last ten years, that, probably, is the result of low water level of Danube
river during summer period, increase of the shelvy areas that are the main place of
nutrition for the majority of birds species of water and swamp complex. The
positive factor is as well the prohibition of the hunting on the territories of national
parks, biosphere reserves and wildlife preserves, that was enabled by the adoption
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of the Law of Ukraine №1826-6 “About the amendments to the Law of Ukraine
“About the natural-preserve resources of Ukraine” in 2010.
On the Yermakyv island, where in 2009 the works of its renaturalization
were carried out, small landscape changes took place: acceleration of the
overgrowing of the inside part of the island by higher aqueous vegetation and the
increase of the quantity of shallow water areas and spits. Considerable surfaces of
shallows with good nutrition base and comfortable place on Yermakyv island have
influenced species composition and quantity of birds during

During August registrations dated 17.08.10 on Yermakiv island has been

registered 39 species of birds with total quantity of 15158 specimens (16% from
the general quantity of birds in seaside part of Kylyiska delta). In comparison with
last year, the changes occurred in the structure of birds groupings: the quantity of
ichthyophagist birds (pelicans, cormorants) decreased and the quantity of water
vegetation and zoobenthos eating birds (Anatidae, Charadriiformes) increased.
Taking into account the above-mentioned, it can be noticed that Yermakyv island
is of great importance for the birds during the period of season groupings.
Thus, the impact of the DNR on the state of birds nesting during the stated
period can be considered as a minimum one. Somewhat higher indicators of
quantitative composition of birds of water and swamp complex in August of this
year, with respect to previous years registration data, are not connected to the DNR
Danube river – Black Sea activity;
In general, preliminary analysis of the research results indicate that the
biggest impact on the development of vegetable and animals groupings of the DBR
during the reporting period was related to the climate peculiarities of the year.
The impact of the renovation and exploitation of DNR Danube river – Black
Sea on the vegetable groupings, on the representatives of rare ichthyofauna, on the
state of population of Amphibia and vermigrade of the DBR fauna and on the
avifauna was not registered.
  

Appendices:
 

1. The Draft Law of Ukraine “On Amendments to Certain Laws of

Ukraine on Implementation of the Provisions of the Convention on Environmental
Impact Assessment in a Transboundary Context”.
2. The Draft Procedure for the Environmental Impact Assessment in a
Transboundary Context.
3. The draft of amendments to State Construction Norms DBN А.2.2-1-
2003 “Structure and Contents of Environmental Impact Assessment (EIA)
Materials in Designing and Constructing Industrial Enterprises, Buildings, and
Facilities. Basic Principles of Design”, approved by Order No. 214 of the State
Construction Committee of Ukraine dated 15.12.2003.

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 Appendix 1
Draft
 

THE LAW OF UKRAINE

"On Amendments to Certain Laws of Ukraine on Implementation of the
Provisions of the Convention on Environmental Impact Assessment in
Transboundary Context"

The Verkhovna Rada of Ukraine hereby r e s o l v e s:

І. The below-mentioned Ukrainian laws shall be amended as follows:

1. In the Law of Ukraine «On Environment Protection» (Bulletin of the

Verkhovna Rada of Ukraine, 1991, No. 41, p. 546, official publication):

Section VI-1 shall be added as follows:

«Section V-1. ENVIRONMENTAL IMPACT ASSESSMENT

Article 25-2 Environmental Impact Assessment

«In the event that individuals or legal entities plan to undertake highly
environmentally dangerous activities or activities which may have substantial
impact on environment or activities which may cause significant transboundary
impact, the environmental impact assessment shall be carried out.
While the environmental impact assessment is carried out, the designated
executive authority in charge of ecology and natural resources shall be entitled to
make ecology and expert assessment of such environment-geared project.
To ensure ecology and expert assessment of construction projects, customers
and other institutions and organizations shall provide the designated executive
authority in charge of ecology and natural resources with the environmental impact
assessment materials for the construction project as well as other materials required
for the ecology and expert assessment.
When making the decision entitling to the highly environmentally dangerous
activities or activities which may have substantial impact on environment or
activities which may cause significant transboundary impact, the respective
decision-making authority shall consider recommendations and comments of the
ecology and expert assessment and general public.
When made, the decision entitling to the highly environmentally dangerous
activities or activities which may have substantial impact on environment or
activities which may cause significant transboundary impact shall be released to the
public concerned along with the ecology and expert assessment results and

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environmental impact assessment materials as well as other materials on which the
decision-making process was based.
This provision shall be also applied to construction projects unless and
except to the extent as otherwise expressly provided in the urban planning laws.
The procedure for the environmental impact assessment (including also in
transboundary context) shall be established in the Cabinet of Ministers of Ukraine.

2. In the Law of Ukraine «On Environmental Expertise» (Bulletin of the

Verkhovna Rada of Ukraine, 1995, No. 8, p. 54; 2000, No. 27, official publication):

Part one of Article 15 shall be added with clause 8 as follows:

«8) in the event that the planned activity is subject to the international
agreements on environmental impact assessment in transboundary context, the
environmental impact assessment in transboundary context results shall be
provided as developed according to the Procedure approved by the Cabinet of
Ministers of Ukraine.

3) Article 21 following clause 4 shall be added with new clauses as follows:

«4-1) shall establish consultative and advisory authority at the Cabinet of
Ministers of Ukraine responsible for the coordination of issues on the
implementation of the Convention on Environmental Impact Assessment in
Transboundary Context;»
«4-2) shall approve the procedure for the environmental impact assessment
in transboundary context as submitted by the central designated executive authority
in charge of ecology and natural resources.»;

4) Article 24 following clause 8 shall be added with new clauses as follows:

«8-1) organization of and control over the issues related to the environmental
impact assessment in transboundary context;»;
«8-2) organization and conduction of the environmental expertise, if Ukraine
is the country of origin with consideration for the results of the environmental
impact assessment in transboundary context.»;

5) Article 32 following clause 5 shall be added with new clauses as follows:

«5-1) to carry out the environmental impact assessment in transboundary
context according to the procedure as approved by the Cabinet of Ministers of
Ukraine;

6) Section VI shall be added with Article 34-1 as follows:

«Article 34-1. Public Notice of the Proposed Activity
To ensure due consideration of the public opinion in the process of
environmental impact assessment, the customer shall make the announcement of
purpose of the planned activity for the respective local and public authority
designated to carry out the state environmental expertise of the relative activity or
object.

15 

 
 The announcement of purpose of the planned activity shall contain the
following:
a) Details of the planned activity;
b) Description of possible essential environmental impact factors;
c) Description of measures designed for impact prevention and (or)
mitigation, including emissions;
d) Non-technical summary of the above-mentioned items;
e) Review of main alternatives considered by the customer;
f) Reports and recommendations addressed to the public authority;
g) Time and place of any planned public hearings and consultations;
h) Time and place of studying the environmental impact assessment
materials, submission of comments, questions, and proposals.
The announcement of purpose of the planned activity may contain other
details. The announcement of purpose of the planned activity shall contain the
details set out in part 1 of this Article.»;

7) part two of Article 38 following the words «which arose in the process of
expertise» shall be added with the words: «, including for the environmental impact
assessment in accordance with the requirements of the Convention on
Environmental Impact Assessment in Transboundary Context.»;

8) Article 48 shall be added with part two as follows:

«In the event that Ukraine is the affected party according to the requirements
of the Convention on Environmental Impact Assessment in Transboundary
Context, environmental expertise shall be financed as provided in the provisions of
international agreements.».

3. In the Law of Ukraine «On Regulation of Urban Planning Activity»

(Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 18, p. 735; 2011, No. 44,
p. 1775, official publication):

Article 1 shall be added by then paragraph 11-1 after paragraph 11 as

follows:
«11-1) The Environmental Impact Assessment – is the process of a decision
making as regards to the performance of the activity, which could have negative
environmental influence to people life and health or environment, which is consist
of evaluating by the interested public and by the public authority of the proposed
decision in the purposes as much as it possible to fulfill the interests of different
actors in the course of the decision making.»

Article 31 shall be added by words after first sentence of a second paragraph

as follows:
«Environmental-expert evaluation of the building project – the document of
informative-advisory character, isn’t binding issued by the central executive body,
which ensure of forming and performance of the state policy in the environmental
sphere or regional, Kyiv, Sevastopol city administration, executive environmental
16 

 
body on the Autonomous Republic of Crimea and in which the position of the
bodies are emphasized as regards of possible, negative influence of planed activity
on the people life and health or environment.»

sentence two of paragraph 2 of part one of Article 31 shall be restated as

follows:
«The Cabinet of Ministers of Ukraine determines:
the procedure of the environmental impact assessment;
the list of such objects shall be determined by the Cabinet of Ministers of
Ukraine»;

part two of Article 31 of the Law of Ukraine «On Regulation of Urban

Planning Activity» shall be added with the paragraphs as follows:
«While expertizing construction projects for the highly environmentally
dangerous objects as well as objects subject to the environmental impact
assessment in transboundary context, the designated executive authority in charge
of ecology and natural resources shall be entitled to provide ecology and expert
assessment of a construction project.
To ensure ecology and expert assessment of construction projects, customers
and other institutions and organizations shall provide the designated executive
authority in charge of ecology and natural resources with the environmental impact
assessment materials for the construction project as well as other materials required
for the ecology and expert assessment.
An expert assessment of construction projects should obligatory contain the
information does the public comments have been taken into account properly.»

Clause 1 of part four of Article 31 of the Law of Ukraine «On Regulation of

Urban Planning Activity» following the words «fall within IV and V category of
complexity,» shall be added with the words «as well as those subject to the
environmental impact assessment in transboundary context».

Second sub-paragraph of the paragraph fore should be added by the clause 4

as follows:

«4) absence in the expert assessment of construction report the information

that the outcomes of the public participation are taken into account properly.»

17 

 
 Appendix 2

Regulation on environmental impact assessment in a transboundary context

This Regulation rules legal relations in the process of implementation of

procedures of environmental impact assessment in a transboundary context and is
aimed at ensuring rational use of natural resources, environmental protection and
environmental safety.

Section І General provisions

1. Rules stipulated in this Regulation apply only insofar as they do not contradict
the provisions of international treaties on environmental impact assessment in a
transboundary context.

2. If a decision, envisaged by clauses on a decision regarding the necessity of

conducting environmental impact assessment (hereinafter – “EIA”), is made in
relation to several procedures or a single procedure consisting of several stages,
this Regulation shall apply to all procedures and stages, during which EIA is
conducted and EIA materials are prepared.

Section ІІ Procedure of environmental impact assessment in a transboundary

context when Ukraine is a Party of origin

3. A person, planning an activity which is likely to cause a significant

transboundary impact in accordance with Appendix 1 (hereinafter – “the
applicant”), shall submit an application for determination of necessity of
conducting EIA procedure for such a project to the Republican Committee of the
Autonomous Republic of the Crimea, oblast, Kyiv and Sevastopol municipal office
of the central executive authority, whose competence includes the issues of EIA
(hereinafter – “the Territorial Body”). A statement of intention in accordance with
Appendix 2 shall be attached to this application.

4. The Territorial Body shall examine the content of the statement of intention
within ten days and determine the public concerned of the corresponding project.

18 

 
If a person, that does not belong to the public concerned, requests in writing to
participate in the EIA procedure of the corresponding project, such person shall be
provided with such a possibility.

If the Territorial Body has reservations to the statement of intention, it shall state
them to the applicant in writing. Having addressed the reservations the applicant
shall submit the statement of intention again.

5. If the Territorial Body cannot exclude the likelihood of adverse transboundary

impact on the environment or human health, it shall send the statement of intent
and other submitted materials to the specially authorized body in the field of
environmental protection and natural resources of Ukraine (hereinafter – “Ministry
of Environment”). This decision shall be made by the Territorial body within five
days.

6. The Ministry of Environment shall examine the statement of intent within ten
days and, if the likelihood of a transboundary impact is absent, the Ministry of
Environment shall send the response to the Territorial Body and the national EIA
procedure shall continue.

The Territorial Body shall not make the statement of intent public before receiving
the response from the Ministry of Environment on the absence of likelihood of a
transboundary impact or before sending a notification.

7. If despite of the conclusion of the Ministry of Environment or the Territorial

Body that the proposed activity is not likely to cause significant transboundary
impact, the Affected Party, however, requests these materials, the Ministry of
Foreign Affairs and the Ministry of Environment shall take measures to ensure
negotiations on the necessity of sending a notification and carrying out of other
procedures envisaged by Articles 3 – 7 of the Convention on Environmental
Impact Assessment in a Transboundary Context (hereinafter – “Espoo
Convention”). If the parties agree on the necessity of sending a notification and
carrying out of other procedures envisaged by articles 3 – 7 of the Espoo
Convention, the state bodies shall act as if a transboundary impact was likely to
occur. In this case the Ministry of Environment shall request the applicant to
submit the statement of intent and develop the draft notification.

8. If the proposed activity is likely to cause a significant transboundary impact, the

Ministry of Environment shall demand from the applicant to prepare the draft
notification.

19 

 
9. After preparation of the draft notification the applicant shall submit it to the
Ministry of Environment. The Ministry shall examine the draft notification and in
case of absence of defects shall send it to the affected party. If there are defects
about the notification, the Ministry of Environment shall state them to the applicant
in writing. After elimination of these defects the applicant shall submit the draft
notification to the Ministry of Environment.

10. The Ministry of Environment shall inform the authorized body of the affected
party and the Territorial Body about the notification simultaneously with sending
of the notification.

11. The Territorial Body shall send the statement of intention to local self-
government bodies or local executive power bodies (depending on the public circle
that may be affected by the planned activity) in order to notify the public about it.
Mass media shall be prohibited to refuse to publish the statement of intention.

12. The local self-government body or the local executive power body shall at the
expense of the applicant publish the statement in mass media or notify about it the
affected public in a way that ensures the possibility of the public to become aware
of its contents (local mass media outlets; notification of the public by placement of
announcements in public places, etc.).

13. The interested public shall have the right to send their comments by electronic
mail or by post to the Territorial Body within ten days.

14. The affected party shall examine the sent materials and inform whether it wants
to participate in transboundary EIA procedures. If it intends to participate in
transboundary EIA procedures, it shall sent confirmation and necessary
information to Ukraine.

15. If the affected country refuses to participate in transboundary EIA procedures,

transboundary EIA procedures shall not be carried out further.

20 

 
16. In case of absence of response from the affected party the Ministry of Foreign
Affairs together with the Ministry of Environment within their powers shall take
actions to ascertain the position of the interested party. If sufficient actions do not
allow to obtain the response of the affected party, the notification should be sent.

17. If the affected party agrees to participate in transboundary EIA procedures and
sends its comments, the Ministry of Environment shall send these materials to the
Territorial Body.

18. The Territorial Body shall gather the information sent by the national and
foreign public, add its comments if any and transfer this information to the
applicant.

19. Based on these and other materials, the applicant shall prepare the project of
the proposed activity and EIA as its part which shall also include the statement
about consequences for the environment.

20. The applicant shall send the EIA report to the Ministry of Environment or the
Territorial Body in order to conduct public hearings. The hearings shall be
conducted at the expense of the applicant.

21. The Territorial Body shall send the materials to the Ministry of Environment
in order to be sent to the public concerned in the affected parties. The affected
party shall organize public hearings. It shall send their results to Ukraine.

22. The Ministry of Environment receives comments from the public of the
affected party and immediately but not later than in 5 days send them to the
applicant directly or through the Territorial Body for consideration.

23. The applicant shall consider recommendations of Ukrainian public and the
public of the affected party and in case of necessity corrects the project and send it
together with the public recommendations to the Ministry of Environment or the
Territorial Body in order to conduct the state ecological expert assessment.
21 

 
24. The Ministry of Environment or the Territorial Body shall conduct the state
ecological expert assessment of materials of the appropriate project and prepare the
state ecological expert conclusion.

25. The draft of the final decision prepared by the authorized body shall be
submitted to the Ministry of Environment (or, if the final decision is made by the
Ministry of Environment, this body) and consultations with the affected party
(parties) shall be carried out together with the Ministry of Foreign Affairs on the
issues specified in article 5 of the Convention.

26. The results of consultations shall be sent to the applicant who shall take them
into consideration in the project of the proposed activity. After that the final
decision shall be made.

27. If the final decision is not the decision that is made by the Ministry of
Environment, this decision within two workdays shall be sent to the Ministry of
Environment in order to be transferred to the affected party (parties).

The final decision shall be the decision of the specially authorized body or
organization that approves the consequences for the environment or conditions of
activity of a person and grants the right to conduct the activity which adversely
affects the environment.

Section ІІ. Procedure of environmental impact assessment in a transboundary

context when Ukraine acts as the affected party

28. If Ukraine acts as the affected party, the Ministry of Ecology and Natural
Resources shall contact the party of origin in order to determine the periods for
carrying out of procedures envisaged by the Convention.

29. After reception of the notification of the party of origin the Ministry of
Environment shall send the notification and the documents attached to it to local

22 

 
self-government bodies and executive power bodies in the territory of which the
affected public is located.

30. These executive power bodies and local self-government bodies shall bring this
information to the attention of the affected public in a way that ensures a
reasonable possibility of access of the affected public to this information.

At the same time the Ministry of Environment shall publish this information on its
web site.

31. This information shall include the period during which the affected public shall
have the right to submit their comments to the Ministry of Environment and if the
public is notified about the project by executive power bodies or local self-
government bodies, to these bodies. This period shall be established by the
Ministry of Environment with due account for the time for response to the
notification of the party of origin and the time necessary to ensure proper
notification of the affected public about the project.

32. After reception of comments from the public concerned the Ministry of
Environment shall prepare the response to the notification based on those
comments and add its own comments.

33. The response to the notification shall include the opinion regarding whether
Ukraine wants to participate in the procedures envisaged by the Espoo Convention.
If the Ministry of Environment and the affected public do not find a significant
adverse impact of the project situated in the territory of the country of origin, the
Ministry of Environment shall inform about its unwillingness to participate in the
procedures envisaged by the Espoo Convention.

34. If the Ministry of Environment does not find a significant adverse impact of the
proposed activity, which take place on the territory of the country of origin, but the
affected public thinks that such impact will occur, the Ministry of Ecology and
Natural Resources shall make the decision about necessity of participation in the
procedures envisaged by the Espoo Convention. However in case of presence of
the substantiated opinion of the public that the participation in the procedures
23 

 
envisaged by the aforementioned convention is necessary the Ministry of
Environment shall send the response to the notification with consent to participate
in the procedures envisaged by the Espoo Convention.

This decision of the Ministry of Environment may be appealed against by the

affected public in accordance with the procedure established by current legislation.

35. After reception of EIA materials from the party of origin the Ministry of
Environment in case when this body holds the public hearings, the Ministry of
Environment shall ensure the public concerned to be acquainted with the EIA
report and other received materials.

If the local self-government bodies or local executive power bodies holds public
hearing, the Ministry of Ecology and Natural Resources sends EIA report to them
and the local self-government bodies or local executive power bodies shall ensure
the public concerned to be acquainted with the EIA report and other received
materials and hold public hearings.

The public hearing may be performed only after fifteen day from the data when
public concerned was provided with the opportunity to be acquainted with the EIA
report and other received materials.

Unless otherwise stipulated by international treaties, the expenses for translation of

the project into Ukrainian or Russian and expenses for conducting of public
hearings for the affected public of Ukraine shall be borne by the applicant or the
party of origin.

36. After the materials are brought to the attention of the public, the Ministry of
Environment shall define the procedure of conducting of the public hearings on the
EIA materials.

At the same time with conducting of the public hearings the Ministry of
Environment shall begin the state ecological expert assessment of the EIA report.
The opinion of the state ecological expert assessment shall include the assessment
of the project's impact on the environment and life and health of the public
concerned.

37. In order to ensure the proper environmental impact assessment the Ministry of
Environment shall have the right to demand from other central bodies of executive
24 

 
power their opinions on allowability of implementation of the project within the
limits of their competences. If a longer period of examination by other central
bodies of executive power is not envisaged by the Ministry of Environment, the
period of examination of such documents shall be 20 days since the moment of
their arrival.

38. If no opinion is received from a central body of executive power within the
period envisaged by the previous clause of these regulations, the body shall be
considered to unconditionally confirm the allowability of implementation of the
project.

39. After the Ministry of Environment receives comments and proposals of the
public, it shall examine them and opinions of central bodies of executive power
and prepare the conclusion of the state ecological expert assessment on this basis.
This conclusion may include recommendations of the public, or these
recommendations may be given as an appendix to the opinion. The opinions of
state power bodies shall be stated in the text of the opinion.

40. The aforementioned conclusion of the state ecological expert assessment

together with appendices shall be transferred to the party of origin.

41. The Ministry of Environment of Foreign Affairs shall take actions to

participate in negotiations with the affected party in accordance with article 5 of
the Espoo Convention.

42. After the party of origin makes the final decision and sends it to the Ministry of
Environment, the Ministry shall bring it to the attention of the public concerned.

43. The Ministry of Environment together with the Ministry of Foreign Affairs
shall take actions to ensure conducting of negotiations for postproject analysis.

25 

 
Section ІII. Special features of the procedure of environmental impact assessment
in a transboundary context for the projects for which the final decision is the
approval of the urban planning grounding

44. If it is planned to conduct an activity that is not listed in the appendix 1 to the
Espoo Convention and which is not subject to state ecological expert assessment or
state expert assessment, provisions of articles 3-7 of the Espoo Convention shall
apply to this type of activity if Ukraine and the affected party agree on that.

45. If the agreement mentioned in the previous clause is reached when there is no
final decision regarding such activity, the Ministry of Environment and the
applicant shall act in accordance with clauses 10-23 of these regulations.

The applicant shall order the preparation of the urban planning conclusion on the
basis of the received information.

46. Before conducting of the public hearings the applicant shall send to the
Ministry of Environment the draft urban planning conclusion which the Ministry
shall send to the affected party in order to conduct the public hearings.

47. Public hearings for the Ukrainian public shall be conducted in accordance with
chapter IV-1 of the Law of Ukraine «On Planning and Development of
Territories».

48. Upon reception of comments of the public of the affected party the Ministry of
Environment shall make their translation at the expense of the applicant (in case of
necessity) and transfer it to the body authorized to approve the urban planning
conclusion.

The aforementioned body shall prepare the draft decision on approval of the urban
planning conclusion based on this information and with due account of opinions of
the Ukrainian public and the public of the affected party. The draft shall be sent by
the aforementioned body to the Ministry of Environment, who shall send it to the
affected party.

26 

 
49. The body authorized to approve the urban planning conclusion shall make its
decision after carrying out of consultations envisaged by clauses 30 and 31 of these
regulations. These consultations shall be carried out with participation of a
representative of the body authorized to approve the urban planning conclusion and
applicant.

50. If the agreement between Ukraine and the affected party regarding the
necessity of application of provisions of articles 3-7 of the Espoo Convention to
the urban planning grounding is reached after approval, carrying out of activity
based on the urban planning grounding shall be suspended.

The applicant shall send the urban planning conclusion to the Ministry of
Environment. The Ministry of Environment shall send it to the affected party.

51. After reception of recommendations from the affected party the Ministry of
Environment shall make their translations at the expense of the applicant and
transfer them to the body authorized to approve the urban planning conclusion.

If the authorized body finds it necessary to change its decision after examination of
remarks and proposals of the public of the affected party, it shall prepare the draft
of the new decision and send it to the Ministry of Environment. If the authorized
body decides to leave the decision unchanged, it shall send the already approved
decision to the Ministry of Environment.

After reception of the draft decision or the decision, the Ministry of Environment
together with the Ministry of Foreign Affairs shall take actions to hold
consultations regarding the final decision.

Appendix 1

List

of Activity which may Have Significant Transboundary Impact

1. Oil refineries (except for enterprises that only produce lubricants from crude oil)
and installations for hydrogasification and liquefaction of coal or oil shale with
capacity of 500 tons per day or more.

27 

 
2. Thermal electric power stations and other installations for burning with heat
power of 300 MW or more and nuclear power stations and other constructions with
nuclear reactors (except for research installations for production and conversion of
fissile and reproducible materials with maximum capacity that does not exceed 1
kW of constant thermal capacity).

3. Installations intended solely for generation or concentration of nuclear fuel,

regeneration of spent nuclear fuel or collection, disposal and processing of nuclear
waste.

4. Large installations for blast-furnace and open-hearth process and non-ferrous

metallurgy enterprises.

5. Installations for extraction of asbestos and processing and transformation of

asbestos and goods that contain asbestos: related to asbestos-cement goods - with
annual output of more than 20000 tons of end product; related to frictional
materials - with annual output of more than 50 ton of end product, and related to
other types of asbestos use - with use of more than 200 tons per annum.

6. Chemical plants.

7. Construction of highways, speedways, long distance railways and airports with

main runway length of 2100 meters or more.

8. Oil and gas pipe lines with large diameter pipes.

9. Commercial ports and internal water ways and inland navigation ports that allow
passage of vessels with tonnage of more than 1350 tons.

10. Waste disposal installations for burning, chemical processing or burial of toxic
and hazardous waste.

11. Large dams and reservoirs.

12. Ground water intake if the annual amount of taken water is 10 million cubic
meters or more.

13. Cellulose and paper production with capacity of 200 or more metric tons of
products per day.

14. Large-scale production, excavation and concentration in situ of metallic ore

and coal.

15. Hydrocarbon production on continental shelf.

16. Large warehouses for storage of oil products, petrochemicals and chemicals.

28 

 
17. Forest clearance on large areas.

Appendix 2

STATEMENT OF INTENTIONS

1. Investor (applicant) _______________________________________________

Postal and e-mail address____________________________________________

2. Location of sites (routes) of construction (variants)___________________

3. Characteristics of activity (object)_____________________

,___________________

(based on similar objects, belonging to the objects that are highly environmentally
hazardous, presence of transboundary impact)

Technical and technological

information____________________________________________

(types and volumes of manufactured products, period of operation)

4. Social and economic necessity of the planned activity

______________________

5. Demand of resources during construction and operation:

land______________________________________________________________

(land area that is confiscated for temporary and permanent use, type of use)

raw materials__________________________________________

(types, amounts, place of excavation and production, sources)

energy (fuel, electricity, heat) ____________

(types, amounts, sources)

water___

(amount, necessary quality, sources of water supply)

labor_________________________________________________________
29 

 
6. Transport support (during construction and
operation)______________________

7. Environmental and other limitations of the planned activity by

variants________________

8. Necessary ecological and engineering preparation and protection of the

territory by variants___________

9. Possible impact of the planned activity (during construction and operation) on

the

Environment:

climate and
microclimate_______________________________________________________

air_

water______________________________

ground._______________________________

vegetable and animal world, preserved objects

social environment (population) ________________________________

technogenic environment __________________________________________

10. Production waste and possibilities of it recycling, disposal, recovery,

deactivation or safe burial _______________________ ______

11. Amount of EIA performance_______________________

12. Public participation_______________

(address, phone number and time for examination of the project and EIA materials,
submission of proposals)

Applicant_________________ General planner_________________

30 

 
 Appendix 3

Draft

Amendments

to State Construction Norms DBN А.2.2-1-2003 “Structure and Contents of

Environmental Impact Assessment (EIA) Materials in Designing and Constructing
Industrial Enterprises, Buildings, and Facilities. Basic Principles of Design”
approved by Order No. 214 of the State Construction Committee of Ukraine dated
15.12.2003 due to required implementation support of the regulations of the
Aarhus Convention and the Espoo Convention

Clause 1.6 of DBN А.2.2-1-2003 following paragraph 3 shall be added with

the paragraphs as follows:

“- the customer shall submit the announcement of intent to the territorial

environment protection authorities. If the object to be constructed is located within
the territorial waters or the approval (affirmative) decision is to be taken by the
Cabinet of Ministers of Ukraine – the announcement of intent shall be sent to the
Ministry of Ecology and Natural Resources;

- the territorial environment protection authorities or the Ministry of Ecology

and Natural Resources shall determine whether the object belongs to the activities
and projects subject to EIA, define the scope of the environmental impact
assessment, and determine whether the environmental impact assessment is required
to be carried out in a transboundary context. In this regard, the customer shall be
given with the notice of the EIA process (in the event that the object is not subject to
the EIA process, such notice shall provide the customer with the relevant
information, if EIA is required, the notice of the EIA process shall provide the
customer with the EIA process terms and conditions).
The territorial environment protection authorities or the Ministry of Ecology
and Natural Resources shall determine whether the announcement of intent
complies with the environmental legislation requirements. The stated authorities
shall make such decision within the five day period. In the event that the
announcement of intent complies with the environmental legislation, the territorial
environment protection authorities or the Ministry of Ecology and Natural
Resources shall make it available on their respective official web sites or, as the
case may be, make public disclosure of the announcement of intent in the way

31 

 
ensuring the ability of the public concerned to inform themselves about its
contents.

The notice of the EIA process shall also point out the EIA aspects on which
the customer should turn its attention and the sections which may be streamlined,
public participation requirements (including those applied in a transboundary
context), and additional requirements.

For highly environmentally dangerous projects or the projects subject to the

EIA process in a transboundary context, the territorial environment protection
authorities or the Ministry of Ecology and Natural Resources may require the
development of the EIA implementation program with due regard to the
particularities thereof.

Any and all recommendations provided in the notice of the EIA process shall
be formed with a view of the opinion of the public concerned”.

Paragraph 4 shall be deemed to be paragraph 7 and restated as follows:

“On the basis of the EIA terms and conditions contained in the notice of the
EIA process, the EIA materials development statement shall be given according to
the form provided in Annex Д, with proper reasoning of the volume of works
depending on the threat to the environment posed by the planned activity, its
alternative (including waiver of the mentioned activity), options of physical
planning and the state of environment;”.

Paragraph 6 shall be deemed to be paragraph 10 and restated as follows:

“during the EIA process for highly environmentally dangerous activities and
projects or those subject to the EIA process in a transboundary context, the
territorial environment protection authorities or the Ministry of Ecology and
Natural Resources shall ensure, for the customer's account, giving notices to the
population on planned activity, determine the place and procedure for public
hearings, open meetings, through relative public authorities make project
documentation available to the public, inform the population of the planned
activity and public participation procedure by publishing the announcement of
intent in mass media, collect people’s appeals, review and consider any comments
and proposals.

The customer shall provide the EIA materials and all information required for
the information sharing purpose.”.

Paragraph 7 shall be deemed to be paragraph 11 and restated as follows:

32 

 
 “for highly environmentally dangerous projects and activities and those
subject to the environment impact assessment process in a transboundary context,
the customer or the general designer, acting on its behalf, shall submit the EIA
materials in the package of the project documentation to develop conclusions and
recommendation of ecology and expert assessment carried out by the Ministry of
Ecology and Natural Resources or the territorial environment protection
authorities”.

Clause 1.7 shall be restated as follows:

“1.7 For highly environmentally dangerous activities and projects, EIA

materials shall be developed in the scope as set out in Section 2 of these Norms
with due regard to the recommendations contained in the notice of the EIA
process.

For highly environmentally dangerous projects and activities as well as those

subject to the environment impact assessment in a transboundary context, the
authority approving the construction project shall consider conclusions and
recommendation of ecology and expert assessment carried out by the Ministry of
Ecology and Natural Resources as well as commentaries and notes of the public
concerned in the process of approval of such project.”.

Clause 1.8 shall be restated as follows:

“1.8 On the basis of the EIA final report conclusions and the notice of the EIA
process, the customer and the contractor shall draw up the text of the
announcement on environmental consequences of planned activity and ensure its
publication in the mass media as well as send the announcement on environmental
consequences and the EIA final report in paper and electronic forms to regional,
territorial environment protection authorities or the Ministry of Ecology and
Natural Resources (depending on the place of the object location).

The announcement of environmental consequences of planned activity, the

EIA final report with due regard to the considered comments of the public and
ecology and expert assessment as well as with reasoning of rejection of the
neglected comments of the public as part of the project documentation shall be
submitted by the customer or general designer for approval and expertise.”.

Clause 1.9 shall be restated as follows:

“1.9 Comments of the public shall be considered in accordance with the

procedure for the involvement of the public in discussion of the issues on decisions
which may affect the state of environment approved by the Resolution No. 771 of

33 

 
the Cabinet of Ministers of Ukraine and regulatory documents provided in Annex
B.

In this regard, the territorial environment protection authorities or the Ministry

of Ecology and Natural Resources (depending on the object location) shall ensure:

- giving notices to the population, according to the established procedure, on

discussions of the planned activity;

- public discussion of the project (the scope of the discussion shall be

determined by the dimensions of the expected impacts);

- provision of the project documentation to the members of the public in

accordance with the announcement of intent (Annex Г).”.

In paragraph 4 of clause 1.10 of DBN А.2.2-1-2003 the words “on the part of
the customer and the EIA contractor” shall be removed.

Paragraph 7 of clause 1.10 of DBN А.2.2-1-2003 after the words “Motives of

neglecting any given” shall be added with the words “comments shall be presented
in the EIA final report”.

Paragraph 10 of clause 2.1 of DBN А.2.2-1-2003 shall be added with the

words “which records ecological parameters;”.

Clause 2.1 of DBN А.2.2-1-2003 shall be added with paragraph 11 as follows:

“- summary of non-technical nature.”.

Clause 2.2 of DBN А.2.2-1-2003 shall be added with the paragraph as

follows:

“- the notice of the EIA process”.

Clause 2.8 of DBN А.2.2-1-2003 shall be added with the paragraphs as

follows:

“Taking into account the object characteristics, certain sections may be absent
or abridged, but other sections shall be expanded more broadly. Volume of any
given sections shall be determined in the notice of the EIA process given by the
designated authorities with due regard to the opinion of the public concerned.

The mentioned requirements to the volume of the EIA materials shall be

represented in the EIA materials development statement.”.

Clause 3.4 of DBN А.2.2-1-2003 shall be restated as follows:

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 “4.3 The announcement of environmental consequences of planned activity
shall be signed by the customer and general designer, any copies thereof, including
magnetic copies, shall be submitted for further control to the territorial
environment protection authorities or the Ministry of Ecology and Natural
Resources. These bodies shall make the announcements of environmental
consequences publicly available on the Internet or in any other way ensuring, as
the case may be, their availability to the public concerned.".

Annex B of DBN А.2.2-1-2003 shall be restated as follows:

“Annex B (referential)

EIA IN THE CONSTRUCTION INVESTMENT PROCESS WORKFLOW

Stage Design and Construction Stage EIA Stage Description

Description

Construction Decision Making by Investor

Pre-Investment Investigations

1 Development of output data of the Drawing up the announcement

object to be constructed, determination of intent (Annex Г), receipt of
of production program, investment the notice of the EIA process
intents, demand for raw materials, from the designated ecology
power resources and personnel etc.; and natural resources authority
front-end engineering and design or its territorial offices.
Environmental impact pre-
assessment of the designed
object

2 Optioneering to consider the object

location with due regard to the state of
environment and land use planning and
management

3 Drawing up and approval of the Drawing up the EIA materials

development statement for investment development statement
feasibility studies, scheme design (Annex Д) made with
consideration for any
recommendations provided in
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 the notice of the EIA process as
part of the development
statement for the investment
feasibility studies, scheme
design

4 Development of the investment

feasibility studies, scheme design in the
volume established according to the
regulatory documents

5 Reconciliation and approval of the

investment feasibility studies, scheme
design

Design

6 Drawing up and approval of the design Drawing up the EIA materials

(detailed design) development statement development statement as part
of the design (detailed design)
development statement with
consideration for any changes
of and amendments to the
design decisions against those
accepted in the investment
feasibility studies, scheme
design or changes of urban
planning situation. Holding
public hearings for highly
environmentally dangerous
objects and activities as well as
those subject to the
environmental impact
assessment in a transboundary
context

7 Design (detailed design) development Full-scale EIA if it was not

carried out at the previous
stages or EIA updating
according to the design
(detailed design) elements.

Drawing up the announcement

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 of the environmental effects.
Submission of the
announcement of the
environmental effects to the
local authorities

8 Reconciliation and approval of the Ecology and expert assessment,

design (detailed design) expertise and approval of EIA
according to the applicable
legislation

9 Development of working documentation Updating of the EIA materials

in making changes of the
manufacturing procedure and
the design of construction and
installation activities, etc., their
submission for approval and
state expert appraisal. Such
updating shall not significantly
change the design which may
significantly change the nature
of the environmental impact

Construction

10 Project construction Obtaining of a construction

permit. Action implementation
according to the EIA materials

Operation

11 Mastery of the designed capacity (post- Environmental performance

project analysis) review in accordance with EIA
materials, updating EIA
materials and carrying out the
post-project analysis (if
applicable)

”.

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