Introduction

In Ukraine Environmental Impact Assessment (EIA) is carried out in order to verify the correspondence of the preproject, project and other materials, scheduled or realized measures to the regulations of environmental legislation, rules of rational use and enhancement of natural resources, environmental safety control.

A. Legislation

The regulatory framework for EIA in Ukraine are contained in the legislation summarized below.

The Laws of Ukraine:

1. The Law of Ukraine “On Environmental Protection ” (25.06.1991).

The requirements to carry out environmental review, Environmental Impact Assessment and its procedures are outlined for the first time in Ukraine in Part VI of the Law (Articles 26-30) – “Environmental Review”, which also specifies the list of undertakings subject to environmental review, and the obligation to carry out EIA and state environmental expertise (review).

In Part XI of the Law – “Environmental Safety Measures”, Article 51 “Environmental requirements for the location, design, construction, reconstruction and putting into operation of enterprises, structures and installations”, it is stated clearly that “the projects of economic and other kinds of activities must have corresponding materials of environmental impact assessment and the impact of these activities on human health”.

2. The Law of Ukraine “On Environmental Review” (09.02.1995).

The Law defines objectives, main tasks and principles of an environmental review, outlines the list of projects/activities subject to environmental review, and delineates the procedures and methods for its realization.  The need for openness in the environmental review and the participation of the general public in the EIA process is emphasized.

The Law specifies the requirements for state environmental review documentation.  In particular, it outlines the requirement to undertake comprehensive  environmental and economic impact assessment of proposed or existing activities on the environment, which should be presented as a separate volume (book, section) of documentation and to develop an Environmental Impact Statement of ecological implications of these activities.  The Law also outlines specific requirements for the content of an EIA – Articles 8, 15, 36 - “Requirements on the materials of an environmental impact assessment”.

3. The Law of Ukraine “On Investment Activity” (18.09.1991).

This Law outlines the general legal, economic and social framework of investment activity in the territory of Ukraine, and lays down the requirement to carry out complex state examination of investment projects, which should include state environmental review.

4. The Law of Ukraine “On Licensing of Certain Kinds of Economic Activities” (2000ã.).

This Law establishes the requirement for the licensing of the activity of the specialized organizations, which are involved in the development of project documentation, including EIA materials.

Regulations of the Government of Ukraine:

5. Resolution No. 554 of the Cabinet of Ministers of Ukraine “On the Kinds of Activity and the Projects Which Pose Increased Ecological Hazard” (27.07.1995). 

In accordance with Article 13 of the Law of Ukraine “On Environmental Review”, this Resolution establishes the list of “the kinds of activities and the projects, which pose increased ecological hazard” and are subject to EIA and environmental review.

6. Resolution No. 483 of the Cabinet of Ministers of Ukraine “On the Procedure of Approval of Investment Programmes and Projects of Construction and the Performance of Corresponding Complex State Expertise” (11.04.2002).

This Resolution determines the approval procedure for investment programmes and projects of construction and the performance of corresponding complex state examination.

In accordance with the Law of Ukraine “On Investment Activity”, complex state expertise (review) of investment programmes and projects of construction (with the exception of working documentation) is obligatory irrespective of the sources of financing.

Complex state examination of investment programmes and projects of construction, which are realized in the territory of Ukraine has 6 components, specifically:

State investment examination;

State sanitation examination;

State environmental review;

State examination of fire safety;

State examination of labour protection;

State examination of energy-saving.

In addition the state examination of nuclear and radiation safety is carried out in relation to the projects, which pose nuclear or radiation hazard.

The statement of complex state review is made by specialized organizations of Ukrainian state investment review on the basis of decisions by these expert commissions.

In case of a negative state environmental review made on the basis of EIA materials of the respective project, the statement of state complex review is also negative.

7. Resolution No. 1122 of the Cabinet of Ministers of Ukraine “On the Approval of the Procedure for Pubic Hearings on the Use of Nuclear Energy and Radiation Safety” (18.07.1998).

This Resolution outlines the procedures for formulating the subject of public hearings, organization of public hearings and the preparation of conclusions.  Public hearings are organized and conducted by the developer in relation to the projects of construction, reconstruction, etc. of nuclear energy projects and other activities concerned with them.

Normative Documents:

8. State construction regulations of Ukraine - DBN À.2.2-1-95. “Contents of Materials of Environmental Impact Assessment (EIA) During Design and Construction of Enterprises, Buildings And Structures.  Basic Regulations of Construction” (01.07.1995).

These construction regulations lay down the procedure of conducting and preparing EIA materials for preproject documentation (feasibility study or technical and economic assessments), design estimates for construction, enlargement, reconstruction and technical re-equipment of enterprises, buildings and structures, and for determining basic requirements of the contents of EIA materials.

These construction regulations are obligatory for government bodies, control and expertise authorities, local and regional self-government bodies, enterprises, organizations and institutions irrespective of ownership or citizens involved in the design and construction.

9. State construction regulations of Ukraine - DBN À.2.2-3-97. “Design.  Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction” (01.01.1998).

These construction regulations outline the contents, procedures for development, adjustment and approval of project documentation for new construction, enlargement, reconstruction and technical re-equipment of the objects of civil and industrial engineering.  These construction regulations are obligatory to be observed by government bodies, supervisory bodies, developers (investors), designers, legal and natural persons.

The construction regulations contain a requirement to develop an EIA as a separate section of documentation at the different stages of design.

Instructive documents:

10. Note: Directions for the Procedure of State Environmental Review which were originally registered by the Ministry of Justice of Ukraine on July 12, 1995, No. 214/750 have since been revoked by the Order of the Ministry of Environmental Protection dated January 22, 2004, No. 12, as registered with the Ministry of Justice of Ukraine on February 10, 2004, No. 177/8776).

This instruction previously regulated the procedure of state environmental review by environmental authorities of the Ministry of Environmental Protection of Ukraine (competence of central authorities of the Ministry and its territorial environmental authorities) and was designed for use by environmental and expert authorities, specialized institutions and organizations.  A new regulation addressing aspects of the state environmental review process have recently been promulgated (see 13 below).

Regulatory Documents:

11. “Recommendations for Organization and the Process of State Environmental Review of Documentation Made by Environmental Authorities of the Ministry of Ecology and Natural Resources of Ukraine”  (approved by the Ministry of Ecology and Natural Resources of Ukraine (now the Ministry of Environmental Protection of Ukraine) (30.05.2000).

This document specifies the process of state environmental review as the component of state complex review.  It was developed to be used by environmental and expert authorities of the Ministry of Environmental Protection of Ukraine.

12. “Recommendations for taking into consideration possible transboundary impact of the scheduled economic activities” (approved by the Ministry of Environmental Protection of Ukraine) (10.08.2001).

These recommendations are developed further to paragraph 1.8 of State Construction Regulations of Ukraine – DBN À.2.2-1-95  “Contents of Materials of Environmental Impact Assessment (EIA) During Design and Construction of Enterprises, Buildings and Structures.  Basic Regulations of Construction”.  They are used by environmental and expert authorities of the Ministry of Environmental Protection of Ukraine, developers and designers where the scheduled activities have potential environmental implications on the territories of neighbouring countries.

13. “Regulation on the Public Participation in Decision Making on Environmental Issues” (approved by the Order of the Ministry of Environmental Protection of Ukraine of 18 December, 2003, No. 168, registered with the Ministry of Justice of Ukraine on February 4, 2004, No. 155/8754).

This new regulation applies to public participation during the state environmental review procedure.

International Documents:

14. “Convention on Environmental Impact Assessment from a Transboundary Pollution Perspective” (signed by Ukraine on June 23-25, 1998, ratified on March 19, 1999).

15. “Convention on the Access to Information, Participation of General Public in Decision Making Process and the Access to Justice on Environmental Protection Issues” (Aarhus, Denmark, June 23-25, 1998 – signed by Ukraine on June 25, 1998, ratified on November 18, 1999).

B. ADMINISTRATION

In Ukraine the issues of the need of state environmental review, development of the environmental impact assessment (EIA) section, contents of the EIA, and procedures for submission of materials for the review are regulated by the legal and normative documents.

During the first stage of the construction investment process, the legal entity, which is interested in the purchase of the land parcel for development is required prior to the completion of the design to reach agreement with land owners, land users and local authorities (councils and administrations) and in some cases with the Cabinet of Ministers of Ukraine and Verkhovna Rada of Ukraine, the siting and size of site within the parcel for the construction.  In this case, proper weight is given to the conditions of complex development of the territory, population and the issues of environmental protection.  The same factors are agreed to with environmental authorities, land resources authorities, sanitary-and-epidemiological inspection, town-panning and architectural authorities, and cultural heritage preservation bodies.

Based on the factors agreed to in accordance with established procedures, the executive power or local self-government bodies make the decisions in relation to the issue under review.  A positive conclusion is grounds for the commencement of financing of the design-and-survey work and the development of project documentation for the construction project.

Development of project documentation, including the EIA section is carried out by the specialized planning organizations, which have the corresponding license and are entitled to be engaged in survey and design work (Article 9 of the Law of Ukraine “On the Licensing of Certain Kinds of Economic Activities”, 2000).

Preliminary environmental impact assessment is carried out at the stage of preparation of basic data for the planned construction project, study of the siting alternatives, taking into account the environmental situation and engineering servicing of the territory.  The EIA is completed at the feasibility study stage and is adjusted at the project stage (working draft).

The requirement that projects of economic and other activities should include an environmental impact assessment is stated in the basic Law of Ukraine “On the Protection of Environment” (Article 51) – “Environmental requirements for the location, design, construction, reconstruction, putting into operation and exploitation of enterprises, construction and other objects”.

Designing, siting, construction, putting into operation of new or reconstruction of functioning enterprises, structures and other objects, improvements in current and implementation of new technological processes and equipment, as well as, the process of exploitation of these objects is carried out taking into consideration environmental safety, efficient use of natural resources, and observance of environmental protection norms.

Environmental impact assessment is carried out taking into account the requirements of environmental legislation, environmental capacity of the territory, the state of the natural environment in the locality planned for construction, ecological forecasts, social and ecological development considerations of the regions, and the intensity and types of impact of the undertaking on the environment.

Issues related to EIA are presented in greater detail in the Law of Ukraine “On Environmental Review” (Articles 8, 15 and 36).

In accordance with the provisions of this Law (Article 8), documentation for the objects of environmental review should contain measures to ensure environmental safety of the planned or effected activities along with complex ecological and economic assessment of the current and predicted future impact on the environment, plus an assessment of environmental risk, and alternative forecasting variants for impact mitigation.

As may be required, the interested parties, which submit documentation for the objects of environmental review, must: organize and finance any additional investigations, survey work and expert appraisal; ensure openness and consider public opinion about the planned or effected activities; guarantee the reliability of the environmental screening, and; ensure publication via mass media of the Environmental Impact Statement on environmental implications of the planned or effected activity.

In accordance with Article 15 of the Law, documentation for the objects of state environmental review should include a comprehensive ecological –and economic appraisal of the impact of the planned or effected activities on the environment, and the use and enhancement of natural resources, presented as a separate volume (book, section) of documentation and the Environmental Impact Statement.

Requirements for EIA documentation are stated in Article 36 of the Law.  Documentation of environmental impact assessment of the planned or effected activity is to include substantiation of practicability of EIA and the description of the process for its realization, possible alternatives, characteristics of environmental conditions in the given territory, types and intensity of impact on the environment under normal and extreme conditions, possible changes to the state of the natural environment, ecological-and-economic implications of the undertaking, measures directed to the decrease of environmental risk and assurances of environmental safety requirements.

In Ukraine the basic document, which is obligatory for government bodies, control and expertise authorities, local and regional self-government bodies, enterprises, organizations and institutions irrespective of the form of ownership, citizens involved in designing and construction is “State Construction Regulations of Ukraine - DBN À.2.2-1-95. “Contents of Materials of Environmental Impact Assessment (EIA) for Design and Construction of Enterprises, Buildings and Structures.  Basic Regulations of Construction”.

The developer submits the completely developed project documentation for the state complex expertise (review): one of the components of this expertise is environmental review.

A positive decision of the state complex expertise commission is grounds for the local executive power bodies to issue the permit for the allotment of the land parcel for construction and to identify the location of the building site.

In accordance with the provisions of the “Land Code of Ukraine”, the issuance of the allotment of the land parcel for the construction should be also be agreed to by the land user, and land resources, environmental, sanitary-and-epidemiological inspection, architectural and cultural heritage protection authorities.  On receiving the decision of state land surveying expertise (for the objects subject to this type of expert appraisal), the application for the allotment of the land parcel is submitted to the relevant state administration or local council, which makes the decision regarding title to the land parcel.

C. Environmental Screening

In accordance with the Law of Ukraine “On the Environmental Review” (Article 13) state environmental review is obligatory for all kinds of activity and the objects, which pose the advanced ecological hazard. These objects are subject to the full-scale environmental impact assessment as the component of project documentation. EIA is referable to the state environmental review.

The list of activities and the objects, which pose the advanced ecological hazard is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 554 “On the list of activities and the objects, which pose the advanced ecological hazard” of July 27, 1995 (Annex 1) (by the submission of Ministry of Ecology and Natural Resources of Ukraine and Ministry of Healthcare of Ukraine).

According to paragraph 2.2 of this LIST state environmental review is obligatory also for the other objects if construction or exploitation if these objects can pose the adverse impact on the environment. These objects are identified individually by the Ministry of Ecology and Natural Resources of Ukraine or by local environmental authorities.

In this case Ministry of Ecology and Natural Resources of Ukraine or local environmental authorities take into consideration the following criteria:

- presence of natural reserves and environmentally protected areas in close vicinity of the object of construction;

- availability of forest plantation, park areas, etc.;

- presence of water bodies, flood-lands in the vicinity of the object;

- presence of objects of historical, cultural or archaeological significance;

- potential significant adverse impact on air condition;

- the need of discharge and treatment of considerable volume of waste water;

- the need of disposal and recycling of large quantity of waste;

- potential significant adverse impact on the soil and geological structure.

In order to ensure openness in case of the objects, which can pose adverse impact on the environment in the process of construction or exploitation the customers of environmental review of the projects prepare special Environmental Impact Statement within EIA materials, which should be published in mass media (Article 10 of the Law of Ukraine “On the Environmental Review”.

The copy of Environmental Impact Statement signed by the developer and general designer is submitted to local authorities.

D. Scoping

Scoping and determining the extent of the factors, which should be covered in project documentation (including the EIA) is regulated by State Construction Regulations of Ukraine - DBN А.2.2-3-97. “Design. Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction”.

These construction regulations are obligatory to be observed by government bodies, supervisory bodies, developers (investors), designers, other economic agents in the sphere of construction, irrespective of form of ownership.

Development of project documentation for the construction of industrial projects is carried out taking into consideration state sectoral programmes, approved in accordance with established procedures, schemes and projects of regional planning, industrial estate, and master plans of inhabited localities.

Planning is undertaken in conformity with technical specifications approved by the developer with due regard to the requirements of legal and normative documents.

State construction regulations DBN А.2.2-3-97 lay down instructions as for the list of basic data, sufficient to carry out the design work at various stages of planning: selection of building site, draft (for civil engineering), feasibility study of investments (FS), engineering study, project (P), operating documentation (OD).

An engineering survey is carried out prior to the development of project documentation.

In Ukraine, negotiation and approval of project documentation for industrial engineering requires development of an investment feasibility study or a project feasibility study.  Negotiation and approval of project documentation for construction requires operating documentation.

In the sphere of civil engineering, the draft contains fundamental solutions for town-planning, architectural, artistic, environmental requirements, financial estimates and confirms the possibility of the construction of the project in principle.

The investment feasibility study includes information about the location of the project, its productive capacity, impact of the planned activity on the environment, conformity of the solutions to architectural requirements, etc.

The project is developed on the basis of an agreed draft or investment feasibility study.  It contains the reasons for choosing the project solutions, but without excessive specification, which is presented at the subsequent stages of planning.

The scope of the EIA section is regulated in details by State Construction Regulations DBN А.2.2-1-95 “Contents of Materials of Environmental Impact Assessment (EIA) for Design and Construction of Enterprises, Buildings and Structures.  Basic Regulations of Construction”.  At the same time, State Construction Regulations DBN А.2.2-3-97. “Design. Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction” also regulate the procedures and contents of an EIA, but in a more general way.  They establish requirements for the scope of EIA materials, in particular:

With respect to the protection of atmospheric air against pollution. 

It is necessary to provide data about mitigation measures aimed at prevention of air pollution:

Brief characteristics of physiographic and climatic conditions in the area of construction, taking into account local peculiarities; data about actual background concentration of hazardous substances present in atmospheric air;

The list of emission points;

Enumeration of contaminants, quantitative and qualitative characteristics of contaminants, including those, which have a cumulative effect;

Characteristics of possible air venting in the event of an emergency;

The results of calculations of point of impingement concentrations in relation to the emission of contaminants to the atmosphere;

Reasons for choosing the solutions aimed at preventing (abatement of) the formation and emission of contaminants to the atmosphere, as well as, selection of equipment for atmospheric emissions purification;

Information about the cost of objects and works connected with nature-conservation measures;

Arrangements aimed at abatement of noise and vibration;

Assessment of the efficiency of proposed measures directed to the adjustment of air emissions during periods of unfavourable weather conditions, and;

Substantiation of the size of buffer area.

With respect to the protection of water bodies against waste water pollution.  The section should include the following:

Basic data and information, issued by competent authorities of local self-government bodies, sanitary-and-epidemiological inspection, water inspectors, etc.;

Measures for water treatment in water supply systems and drainage systems;

Reasons for choosing water supply recycling solutions;

Information about the volume of waste water (should be specified separately for individual works and production units);

Balance of water consumption and drainage for the project as a whole and for the main industrial processes;

Waste water characteristics;

Rationalization of the project solutions aimed at waste water treatment and the utilization of any resulting sludge and sediment;

Proposals for the prevention of waste water discharge in the event of an emergency;

Rationalization of project solutions aimed at prevention of the pollution of water reservoirs used for the fish-farming, and conservation of biodiversity of water bodies, and;

Assessment of the level of efficiency of the proposed measures and installations with regard to the efficient use and protection of water and fish reserves.

With respect to the protection of soils, plants and animals.  The section should include information in relation to:

Conservation of land resources;

Protection of flora and fauna;

Protection of soils against pollution with waste, and;

The cost of these measures.

These materials should be developed taking into consideration the requirements of normative documents, which regulate the procedures for preparation and approval of project documentation.  It is also necessary to submit:

Reasons for choosing the methods of removal and storage of the fertile layer of soil, its transportation to the place of storage (or temporary preservation), top soiling of the land parcel or application of the fertile layer of soil in the grounds of little use;

Project solutions as for the recovery of the land parcel and putting it in a condition suitable for the proper use, laying of engineering services, communications, drainage system, planning of the land parcel;

Data about the volume of solid waste, list of the measures for waste processing and recycling (in order to get useful products), transportation of waste outside of the object of construction (for the processing, storage, etc.);

Information about the proposed measures for the conservation of mineral reserves, conservation of natural habitat of animals and their migration;

Information about capital outlays for the reclamation of the land parcel, conservation of mineral reserves, protection of flora and fauna, and;

An assessment of the efficiency of the measures specified by project documentation.

These requirements to the EIA section are mandatory both for the developer and the structural designer.  Planning organizations must have the appropriate license to have the right to conduct planning.

Prior to the approval of project documentation, the latter is subject to mandatory state complex expert review, including environmental review.  The developer is responsible to submit project documentation for consideration, expert review and approval.  Construction can be commenced only when the development consent is granted.

Construction projects, which are financed from the State budget of Ukraine, from the budget of Autonomous Republic of Crimea, local budgets, as well as, at the expense of enterprises and organizations of state ownership are approved by:

The Cabinet of Ministers of Ukraine (in the event that the construction budget makes up 30 mln. hrivnias or more);

Central executive power bodies, Verkhovna Rada of Autonomous Republic of Crimea, Kiev and Sevastopol municipal state administrations (in the event that the construction budget is from 10 to 30 mln. hrivnias);

Enterprises and organizations of state ownership (in the event that the construction budget is below 10 mln. hrivnias).

In accordance with the provisions of State Construction Regulations of Ukraine - DBN А.2.2-1-95, the EIA section should include information about the opinion of general public about the development.  For this purpose the developer organizes public hearings or public sittings.  The opinion of the general public expressed in mass media, written submissions, criticism, proposals and recommendations of NGOs, and by individuals are subject to consideration and generalization.

There is the mandatory requirement that the Environmental Impact Statement (statement about environmental implications of the construction and operation of the planned project) should be announced (published) prior to submission of the project documentation for the state environmental review.

Declaration of intent and a statement about environmental implications are submitted by the developer to local self-government bodies with the purpose of control and responsiveness of public opinion.

As is obvious from the foregoing, the developed project documentation (including EIA materials) is subject to mandatory agreement with local self-government bodies, mandatory state complex expertise and subsequently should be approved by the developer (investor) or executive power bodies.

E. Environmental Impact Assessment Content

Scoping and environmental information for EIA is regulated by State construction regulations of Ukraine - DBN А.2.2-1-95. “Contents of materials of environmental impact assessment (EIA) when design and construction of enterprises, buildings and structures. Basic regulations of construction”

Environmental Impact Assessment is carried out taking into account the priority of environmental factors and their interaction with social and economic factors.

EIA materials should include the following subsections:

- grounds for EIA – substantiation of the need of the project, objectives and tasks of the project, stages of construction (succession, units of construction), terms of construction, basic technological solutions and methods of realization of these solutions;

- physiographic and climatic characteristics of the area and building site. This subsection should include cartographic materials, schemes, description of physiographic and climatic conditions, features of the relief, information about the presence of wildlife sanctuaries in the vicinity of the object of construction, generalized characteristics of flora and fauna;

- general characteristics of design objects and economic activity in the zone of impact. This subsection should include characteristics of the projected activity, alternatives of the location of the objects and technological processes, information about resources, output, area of the site, options of possible impact on all the components of natural environment, potential risk of accidents;

- characteristics of natural environment and environmental impact assessment. Here it is necessary to assess impact on the following components of environment:

- geological  medium,

- air medium,

- microclimat,

- aqueous medium

- flora and fauna, wildlife sanctuaries.

It is necessary to consider only those components and objects of environment, which are exposed to projected activities as well as those, where current condition does not correspond to normative condition;

- characteristics of social environment and assessment of impact on social environment. This subsection should contain general social characteristics of local population resided in the areas of impact of projected activity and assessment of positive and negative impact on social conditions and satisfaction of needs of local population. The content should include substantiation of measures directed to the prevention of change for the worse the living conditions of local population, consideration of possible and advisable mitigation strategy, information about the opinion of general public about projected activity and the problems, which should be solved in this connection;

- assessment of impact of projected activity on technogenic environment. The contents of this subsection should cover the assessment of the expected impacts of the project on industrial, agricultural, communal objects, ground-based and underground structures, social organization of the territory, including recreational areas and landscapes, the objects of cultural heritage as well as the relevant measures aimed at ensuring of their serviceability and sustainability;

- measures to ensure normative state of environment and environmental safety. This subsection includes generalized data about the measures scheduled to ensure normative state of environment, which were considered in EIA process. It is necessary to present a list of the measures supplied with brief characteristics, including:

- conservatory measures – monitoring of the territory of zones of impact of the project, warning system;

- protective measures – technological (resource saving, treatment, reuse, environmentally safe burial of waste, application of environmentally sound and safe technologies); planning (functional zoning, creation of shields, planting of greenery, etc.);

- recovery measures – elimination of nonnormative impacts, enhancement of the state of individual components of environment (in case of need – the project of territory reclamation, it can be stage-by-stage or after liquidation of the object);

- compensation measures – compensation of spending connected with the loss caused by the project by means of realization of measures aimed at equivalent enhancement of natural and social environment or pecuniary compensation of the losses;

- integrated assessment of the impacts on the environment and characteristics of residual effect.

- Integrated assessment is carried out on the basis of assessments made by individual subsections subject to realization of the complex of measures scheduled to ensure normative state of environment. It includes identification of the degree of environmental risk of the project, presence and characteristics of residual effects and substantiation of their environmental permissibility when construction and exploitation of the objects;

- Environmental Impact Statement. This is the legal document about environmental implications of the project and guarantees of implementation of mitigation measures to ensure environmental safety.

F. Regulatory Review Process

Project documentation (including the EIA section) is subject to expert review in accordance with established procedures after completion of its development and agreement:  Mandatory complex state expertise (of which environmental review is a component) of projects which pose increased ecological hazard (in accordance with the Resolution of the Cabinet of Ministers of Ukraine) or state environmental review of other projects in a self-contained order.

In a self-contained order, state environmental review of projects which do not pose an increased ecological hazard, is made in case of the probability of potential hazard for the environment, in the presence of corresponding decision of the government or local authorities, in the event that it is caused by national environmental interests.

Complex state expertise (review) of the projects (Resolution of the Cabinet of Ministers of Ukraine No.483 of April 11, 2002 “On the Procedure of Approval of Investment Programmes, Projects of Construction and Complex State Expertise”) includes:

- State investment examination;

- State environmental review of the projects, which pose an increased ecological hazard (in accordance with the list of activities approved by the Cabinet of Ministers of Ukraine);

- State sanitation examination;

- State examination of documentation with regard to fire safety of the project;

- State examination of documentation with regard to labour protection, and;

- State examination of documentation with regard to energy-saving issues.

Complex state examination is made by the Ukrainian investment expertise authorities.  Depending on the level of complex state expertise or the complexity of the construction project, state environmental review is organized and implemented by ecological and expert departments of the Ministry of Environmental Protection of Ukraine and local environmental authorities in compliance with provisions of the Law of Ukraine “On Environmental Review”.

In accordance with established procedures, specialists of the other institutions and organizations can be enlisted to the activities within the framework of state environmental review.

In Ukraine, state environmental expertise is made by:

- The specialists of ecological and expert departments;

- Ecological and expert departments of the Ministry of Environmental Protection of Ukraine and local environmental authorities with participation of specialized organizations, which on a contractual basis make preliminary expert assessment of the examined documentation.

State environmental reviews of activities and projects which pose an increased environmental hazard are made after publication of an Environmental Impact Statement in the mass media, which is arranged by the developers, and submission of documentation with substantiation of the environmental impact assessment to ecological and expert departments.

There are state, public and other types of environmental reviews in Ukraine.  State environmental review is made by the structural departments of the Ministry of Environmental Protection of Ukraine and its decision is mandatory.  Decisions of public and other types of environmental reviews are of an advisory nature and can be followed voluntarily when taking the decision concerning further exploitation of the object of the environmental review.

The procedure of state environmental review embraces expert examination and assessment of the objects of environmental review, which is made by ecological and expert departments, and the preparation of well-grounded and objective ecological and expert conclusions.  As a result, the procedures for state environmental review include:

- Verification of the availability and completeness of necessary materials concerning the objects subject to environmental review, in case of need establishment of ecological and expert committees (groups), preliminary consideration of documentation by the specialists of the relevant research organizations and preparation of suggestions and criticism (preparatory stage);

- Analytical treatment of the materials of environmental review and in case of need – field investigation and subsequent comparative analysis and assessment of the degree of environmental safety, adequacy of environmental information about the objects of environmental review (basic stage), and;

- Generalization of individual expert examinations, environmental information and assessment of environmental implications of the examined activities, preparation of the decision of the environmental review and submission of this decision to the concerned authorities or parties (final stage).

In accordance with provisions of the Law of Ukraine “On Environmental Review” the procedure of environmental review takes from 45 to 120 days subject to the complexity of the problem and the methods of its realization.  The starting point of environmental review is the date of submission of the set of necessary materials and documentation to ecological and expert authorities, and in case of need, also the additional environmental information, which may be required in the process of the review.  The conclusion of state environmental review should include the assessment of the environmental permissibility and possibility of taking the decision for the object of review and should take into consideration social and economic consequences.

Implementation of a project or an economic activity is prohibited without a positive decision from the state environmental review.  In the case of a negative decision from the state environmental review, the developer must improve documentation in compliance with suggestions and criticism stated in the conclusion and to submit the improved materials for additional state environmental review.

The decision of state environmental review is submitted to the agency of Ukrainian investment expertise in order to be generalized and taken into account in the process of preparing the decision of the complex state expertise, or is submitted to the developer in case of state environmental review in a detached order.

When state environmental review is made directly by ecological and expert departments of the Ministry of Environmental Protection of Ukraine, one copy of the decision is submitted to the regional environmental authorities for information and for the purpose of supervision in future.

Legal entities interested in refuting the conclusion of the environmental review or its separate positions should submit a well-grounded application to the local authorities (local self-government bodies), state environmental expertise, etc., which made the environmental review decision .  The authorities, which made the decision concerning the organization of the environmental review must consider such applications within a one month period and where grounds exist, make arrangements for the additional state environmental review with participation of independent experts.  In the case of rejection to consider such an application, the developer is entitled to apply to the court for remedy.  The decisions of state environmental review can be declared invalid in exceptional cases by the courts.

G. Public Participation and Consultation

In accordance with provisions of the Law of Ukraine “On the Environmental Review” the developers submit project documentation for environmental review and in case of need organize and finance the additional investigations, survey work and expert appraisal, guarantee the reliability of environmental screening, ensure openness and take public opinion about the planned or effected activities into consideration. Documentation, which is submitted for environmental review should include assessment of possible social consequences.

At the stage of identification of the location of the object the developer and executor of environmental impact assessment prepare and agree Declaration of intent. Declaration contains overall characteristics of the enterprise, basic technical and technological data,  information about the need for resources when construction and exploitation of the object, necessary transportation facilities, the list of the main predicted impacts of the project on the environment, scoping of EIA.

Declaration of intent is submitted by the developer to local authorities for supervision and (in case of need) consultations with general public.

At the suggestion of territorial communes local councils arrange consultations and public opinion polls as for the problems of common concern, including the issues of environment protection.

EIA materials should include separate subsection – characteristics of social environment and assessment of impact of the project on social environment.

This subsection should contain general social characteristics of local population resided in the areas of impact of projected activity and assessment of living conditions, evaluation of positive and negative impact of the process of construction and exploitation of the object on social conditions and satisfaction of needs of local population. The content should include substantiation of measures directed to the prevention of change for the worse the living conditions of local population, consideration of compensation measures, information about the opinion of general public as for projected activity and the problems, which should be solved in this connection.

Development of project documentation involves preparation of Environmental Impact Statement as the summary of EIA. In case of the projects, which represent the advanced ecological hazard this Statement should be made public in mass media (radio, TV, newspapers) prior the submission of project documentation for state environmental review.

In order to take into account public opinion the subjects of environmental review can arrange public hearings or public sittings. Participation of general public in the process of environmental review can take place by means of production of statements in mass media, written submissions, proposals and criticism, participation of representatives of general public in the work of expert committees, groups for making public environmental review. In addition public environmental review is legally provided in Ukraine (Article 16 of the Law of Ukraine “On the Environmental Review”.

At the same time in accordance with Ukrainian legislation the decisions of public environmental review have the advisory nature and can be followed voluntarily. In case competent state environmental authorities consider these decisions as necessary and advisable, they can be taken into consideration in the process of decision making.

In 1999-2000 environmental impact assessment demonstration project was realized in Ukraine within the framework of United Nations Development Programme. It was implemented on the basis of Pasichniansky oil-gas condensate field, which at that moment was the model of public participation in EIA process at different stages of project development.

In particular, within the framework of this project Declaration of intent included information about the time and the place of the first meeting for the consultations on this issue in order to inform inhabitants of the region where and when general public can take place in the EIA process. This Declaration was passed by the developer to local authorities in order to be made public (on a contractual basis) through mass media: radio, TV, press, posters, leaflets (information messages) addressed to the relevant interested organizations.

The community committee for supervision of project realization was established at the first meeting of interested parties. It included representatives of the developer, non-government organizations, local authorities, mass media, some most active interested individuals, etc. The committee identified the circle of issues of the most serious concern of general public. These issues were processed and classified. The committee defined the most efficient methods of dissemination of information, established information points in various places of different inhabited localities. Information points were equipped with information stands, bulletin boards, which represented plans of public participation, issues formulated by inhabitants in the course of the first meeting (hearings), addresses of all information points, contact phone numbers, points where local population could submit their requests and proposals.

The community committee identified time of all public hearings as for the results of EIA, assisted the activity of information points, summarized the information obtained, identified time of the meetings in order to inform general public on the issues of concern, assisted in organization of the final meeting of interested parties.

In Ukraine in case of EIA of the objects with predicted transboundary impact the aspects of environmental assessment, which need study and corresponding measures include any predicted significant change of qualitative indices (excess of normatives of maximum allowable concentration for water, air, soil established in the state of impact) or quantitative (which are to be prevented without fail) indices, which characterize one or another component of environment beyond the boundary of the country of origin of this impact.

In Ukraine it is recognized that transboundary impact on the environment is really possible only by means of pollutants transport:

- by air masses;

- by water (by water course, sea current, underground water);

- through the encroachment of excessive mass of water (technogenic floods) as well as thin pulp, caused by emergencies at various waterworks (storage ponds, sludge pits, tailing pits);

- systematic groundwater outflow of underground water-bearing horizon when formation of large depression funnels (centralized water withdrawal of high capacity, intensive pit and mine drainage);

- while pipeline transportation (oil pipeline, ammonia line, etc.) of potentially hazardous substances (in the event of emergencies);

- in case of forest fire, other types of fire spread, underground burning of peat initiated by potential fire risk sources;

- in case on unregulated circulation of transgene (genetically modified) plants and other biological objects;

- when execution of transboundary transportation of toxic and hazardous waste and other substances by sea, river, railway and motor transport.

The largest spatial scale (territorial spread) are typical for transboundary impacts caused by the activity of big industrial enterprises and companies.

Transport of pollutants by air masses is the most unmanageable and nonlocalizable way of transboundary impact.

Identification of real possibility of transboundary impact, its concrete ways, direction and expected scale is made at the initial stages of EIA of investment objects.

According to regulations adopted by the Ministry of Ecology and Natural Resources of Ukraine the issues of possible transboundary pollution are considered in case of:

- development of investment objects, which will have air emissions within boundary zones or nearby the borders (up to 20 km inclusive away from the boundary) – in all cases;

- location of investment objects on the banks of transboundary rivers – in the event that neighbouring country is located downstream of the object – when the distance from the object to the boundary (along the stream) makes up not less than 50 km;

- development of investment objects in littoral zone at the distance of less than 100 km from the boundary of neighbouring country – in case of waste water discharge to offshore water, possibility of chemical pollution of the latter (in the event of emergency);

- construction of high-capacity water withdrawal (from underground water) or the enterprises of mineral resource industry, connected with the need of considerable local unwatering as a result of pit or mine drainage – when calculated and predicted sizes of depression funnels transgress the bounds of the frontier;

- design of transboundary product pipelines – in all cases (only in the aspects related the emergency);

- transboundary transportation of hazardous substances, which pose a threat to environment – in all cases (only in the aspects of possible emergency).

In every particular case only the component of environment, which according to the prediction will be exposed to the direct impact extended beyond the border of the country of its origin should be the object of environmental assessment.

H. Monitoring

Development of monitoring system in the sphere of natural environment is legally secured by Article 22 of the Law of Ukraine “On the Protection of the Environment”, Regulations on state monitoring of natural environment (approved by Resolution No.785 of the Cabinet of Ministers of Ukraine of September 23, 1993), Procedure of state monitoring of water quality (approved by Resolution No.815 of the Cabinet of Ministers of Ukraine of July 20, 1996), etc.

System of state environmental quality monitoring is developed in Ukraine in order to ensure collection, processing, storage and analysis of information on the state of environment, forecasting of changes in environmental conditions and the development of scientifically grounded recommendations for the efficient decision making. This system enables to keep track of real environmental implications of investment projects, in other words it enables to verify the reliability of EIA conclusions.

System of state environmental quality monitoring is based on the following principles: objectivity and reliability; systematic character of observation of the state of environment and environmental effects of the implementation of plans and programmes; consistency of normative base and methodology; consistency of hardware and software, all-inclisiveness in the assessment of environmental information; efficient methods of gathering information by individual units and timely notice of executive power bodies; openness of environmental information for population.

Systematic observation of the state of environment, the level of pollution is carried out by Ministry of Ecology and Natural Resources of Ukraine jointly with other authorized state structures, enterprises, institutions and organizations, in case exploitation of these structures is resulted or can be resulted in deterioration of environment. Such enterprises, institutions and organizations must present free of charge the materials of own observations to the relevant authorities.

The authorized state structures jointly with the relevant research institutions ensure organization of the short-term and long-term forecasting of the changes in the state of environment. These results should be taken into consideration in the development and implementation of programmes, projects and measures of economic and social development of the state, including the sphere of environment protection, efficient use and enhancement of natural resources, environmental safety control.

The type of monitoring of environmental quality (general (standard), operational (crisis) and background (scientific) depends upon the purpose.

General (standard) monitoring of environmental quality – is the optimum observing system of the number of parameters of observation in individual localities, organized as a unified information and technological network. Based on the results of assessment and forecasting of the state of environment this system helps to develop regularly managerial decisions at all levels.

Operative (crisis) monitoring of environmental quality – is the system of supervision of special characteristics (in target localities) of individual objects, which are the sources of advanced environmental risk in some regions, defined as the zones of environmental emergency as well as in the areas of emergencies, which have negative environmental implications for the purpose of operative response on crisis situations and liquidation of such situation, securing of environmental safety for population.

Background (scientific) monitoring of environmental quality is the specific high-precision supervision of all the components of environment as well as the nature, structure, circulation and migration of pollutants, pollution response of organisms at the level of individual population, ecosystems and biosphere as a whole. Background monitoring is carried out in wildlife sanctuaries and biosphere reserves, other protected areas, special base stations.

System of state environmental quality monitoring is developed at three levels:

- local level – in the territory of individual objects (enterprises, towns, landscape sections);

- regional level – within the territorial-administrative units, in the territories of economic and natural regions;

- national level – in the territory of the state as a whole.

In accordance with the provisions of legal and normative documents of Ukraine the EIA section should include nature-conservative measures, in particular, monitoring of territories in the zones of environmental impact of the project and system of warning of population in the event of emergency.

I. Ratification of International Conventions

Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters is ratified by Ukraine on July 6, 1999. This convention is directed to ensure significant increase of public participation in the process of decision making in the sphere of environmental protection and makes provision for the guaranteed access to environmental information at the stages of development of project documentation.

In legal aspect the Convention is not at variance with Constitution and legislation of Ukraine and ratification of this Convention did not necessitate significant changes in current legislation of Ukraine. Practically all principal provisions of this Convention are regulated by the Constitution of Ukraine, the Laws of Ukraine “On Information”, “On Applications of Citizens”, “On the Protection of the Environment”, “On the Environmental Review”, “On the Securing of Sanitary and Epidemiological Safety”, etc.

The same can be said about the Convention of European Union on Environmental Impact Assessment in Transboundary Context, which was ratified by Ukraine in 2000.