Document Actions
Approaches to Reforming (Harmonizing) National Water Codes of Dnipro River Countries
Up one level
5. approaches to reforming (harmonizing) national Water Codes of Dnipro River countries
In 2001, under an agreement with the Ministry of Ecology and Natural Resources, the Ukrainian Research Institute of Environmental Problems developed a draft program for harmonizing Ukrainian environmental legislation with that of the EU [5]. This first approximation may be recommended for all three Dnipro River countries.
An excerpt of this draft programme, which deals with EU environmental legislation (D. “Water Quality”), appears below in Table 5.1.
In addition to the documents included in this section, a very important document dealing with water codes – Directive 96/61/ЕС on integrated prevention of pollution and control – is included in Section F. “Control of Industrial Pollution and Risk Management.” The aim of this directive is to ensure the integrated minimization of emissions discharged by industrial enterprises into the atmosphere, water bodies and soil. In this case, an authorization for the discharge of return water should be an integral part of a single authorization that must be obtained for all kinds of environmental impact, and which should be oriented to the use of the best techniques available. This directive requires the introduction of the appropriate changes to the water codes of the Dnipro River countries, which explains why it was included in the list of documents to be considered along with the directives listed below in Table 5.1 D. “Water Quality.”
Given that the water codes of the three Dnipro River countries have a common basis that was established in the 1970s, and that this legislation has not undergone radical change, the draft programme for Ukraine should not differ significantly from the programmes for Belarus and Russia. To a certain extent, the Ukrainian project can therefore be regarded as the model for the other two countries.
Table 5.1 – Proposals to be included in the harmonization programme for national water codes of Dnipro River countries
D. Water Quality
|
|
Key requirements of legal act |
Suggested measures |
Due date, year |
|
Framework Direc-tive 2000/60/ЕС of the European Par-liament and Council on water policy |
To stop environmental deterioration of water eco-systems and ensure con-tinued enhancement there-of, and of related surface and wetland ecosystems. Promotion of sustain-able use of water on the basis of long-term pro-tection of available water resources. To ensure progres-sive reduction of dis-charges, emissions, and leakages of prioritized hazardous substances and the termination or preven-tion of their discharges, emissions and leakages. To ensure progres-sive reduction of pollu-tion of underground water and prevention of its fur-ther pollution. To promote activities aimed at eliminating ad-verse effect of floods and droughts. |
To compare each article of the directive with national legisla-tion using tables of concordance. To develop propo-sals for introducing changes and amend-ments to national legis-lation. To establish a de-partment for managing river basin raions (RRB). To determine envi-ronmental goals. To characterize each river basin raion. To review environ-mental impact of man-made activities, and to conduct economic an-alysis of water use. To compile a regis-ter of environmentally protected zones. To start monitor-ing the environmental condition of river basin water. To ensure recovery of costs for rendering water services. To introduce a composite approach to point sources and dif-fused sources of pollu-tion. To develop a basin action programme and management plan. To ensure public awareness and partici-pation in basin man-agement. |
2003
2004
The measures listed below are imple-mented according to the Government-approved schedule. |
|
Directive 91/271/ЕЕС on municipal sanitary water |
To develop the sewer system by 2001 in all in-habited areas with popu-lations above 15000, and by 2006 for those with populations from 2000 to 15000 . To ensure secondary treatment of waste water by 2001 in areas with pop-ulations above 15000, and with populations from 2000 to 15000 by 2006. To effect more pro-found treatment of waste water when environmen-tally sensitive areas are involved. To conduct the moni-toring activities specified by the directive. |
To compare each directive article with national legislation using tables of concor-dance. To develop pro-posals for changes and amendments to nation-al legislation. To develop a state programme for realiz-ing directive require-ments. |
2003
2004
2006 |
|
Directive 91/676/ЕЕС on ni-trates entering the natural environ-ment with agricul-tural waste |
To define environ-mentally sensitive areas. To develop a code for effective agricultural prac-tices, limiting the use of fertilizers, storage, etc. To implement action programmes for environ-mentally sensitive areas. To ensure monitoring of action programme re-alization and its revision on a regular basis. |
To compare each directive article with national legislation using tables of concor-dance. To develop propo-sals for changes and amendments to nation-al legislation. To ensure imple-mentation of the direc-tive. |
2005
2006
2007 |
|
Framework Direc-tive 76/464/ЕЕС on discharge of hazar-dous substances to water bodies, with amendments to 90/656/ЕЕС and 91/692/ЕЕС Subsidiary direc-tives: 1) Directive 82/176/ЕЕС on dis-charges of mercury from chlorine and alkaline-related technology 2) Directive 84/156/ЕЕС on other mercury dis-charges 3) 84/491/ЕЕС on discharges of hexa-chloran – cyclo-hexane 4) Directive 86/280/ЕЕС on hazardous substan-ces from List 1. Amendments: 88/347/ЕЕС and 90/415/ЕЕС |
To develop action programmes aimed at eli-minating discharge of contaminants specified in List 1, and at reducing discharge of contami-nants specified in List 2 (see lists in appendices). To introduce limits and standards for dis-charges, and preferred in-dices of water quality in water bodies. To conduct an inven-tory of discharges and the monitoring thereof. |
To compare each directive article with the national legislation using tables of concor-dance. To develop propo-sals for changes and amendments to nation-al legislation. While implemen-ting the directive, to ensure conformity of its requirements with Framework Directive 96/61/ЕС on integral prevention of pollu-tion and control (IPPC). |
2005
2006
2007 |
|
Directives dealing with water quality: 1) Directive 76/160/ЕЕС on water quality in recreational bathing areas Amendment 90/656/ЕЕС 2) Directive 80/778/ЕЕС on drinking water Amendments 81/858/ЕЕС, 3) Directive 75/440/ЕЕС on surface water used for drinking pur-poses Amendments 79/869/ЕЕС, 90/656/ЕЕС, and 91/692/ЕЕС 4) Directive 79/869/ЕЕС on testing and samp-ling of surface water intended for drinking purposes Amendment 81/855/ЕЕС 5) Directive 78/659/ЕЕС on water suitable for fish Amendments 90/656/ЕЕС and 91/692/ЕЕС 6) Directive 79/923/ЕЕС on water suitable for mollusks Amendment 91/692/ЕЕС |
To establish physical, chemical and microbio-logical parameters (stan-dards) of water quality according to water use. To require the devel-opment of action pro-grams for meeting estab-lished requirements. To establish proce-dures for sampling and monitoring water quality. |
To compare each directive article with national legislation using tables of concor-dance. To develop propo-sals for changes and amendments to nation-al legislation.. To ensure confor-mity of directive re-quirements with the framework directive on water policy.
|
2005
2006
2007 |
|
Directive 80/68/ЕЕС on un-derground water Amendments 90/656/ЕЕС and 91/692/ЕЕС |
To prevent entry of contaminants specified in List 1 into underground water (Directive 76/464/ ЕЕС), and limit entry of contaminants specified in List 2 to prevent pol-lution of underground water. To establish proce-dures for conducting ne-cessary studies and issu-ing permits for all direct discharges and waste dis-posal in compliance with criteria established by the directive. To monitor obser-vance of requirements specified in permits. |
To compare each directive article with national legislation using tables of concor-dance. To develop propo-sals for changes and amendments to nation-al laws. |
2006
2007 |
The reasoning behind the performance dates specified in the draft programme were based on the assumption that it would be implemented in 2001. This, however, has still not taken place. The dates provided in the above table have therefore been revised and extended for another two years, having taken into account the delayed approval of the programme and the fact that it will presumably be implemented in 2003. In fact, activities related to approximating the three top-priority directives were started this year. Within the framework of this project in June 2003, each article of the three directives was compared with current national legislation using the tables of concordance.
The order in which national acts are to be adapted to the EU directives was determined by expert opinion based on the relative importance and urgency of these documents for the Dnipro River countries and on estimates of the organizational work required.
For this purpose, six top-priority documents were selected from the 19 directives listed above and the attached Directive 96/61/ЕС on integrated prevention of pollution and control. The six documents selected for comparison with national legal documents are listed in Table 5.2.
Table 5.2 List of EU laws for comparative analysis
|
N/N |
Document |
Priority |
|
1 |
Framework Directive 2000/60/ЕС, which establishes guidelines for activities in water policy |
I |
|
2 |
Directive 96/61/ЕС on integrated prevention and control of pollution [6] |
II |
|
3 |
Directive 91/271/ЕЕС on municipal sanitary water treatment [7] |
II |
|
4 |
Directive 80/788/ЕЕС on drinking water quality |
III |
|
5 |
Directive 76/160/ЕЕС on water quality in recreational bathing areas |
III |
|
6 |
Directive 91/676/ЕЕС on protecting water from nitrates entering the natural environment through agricultural waste |
III |
Note: Six directives currently in force are not included in this list because they are subject to repeal as a result of the adoption of Directive 2000/60/ЕС. These include Directives 76/464/ЕЕС on discharge of hazardous substances, 75/440/ЕЕС on surface water used for drinking purposes, 79/869/ЕЕС on testing and sampling surface water intended for drinking purposes, 78/659/ЕЕС on water suitable for fish, 79/923/ЕЕС on water suitable for mollusks, and 80/68/ЕЕС on underground water. The regulatory requirements of these directives are incorporated in Directive 2000/60/ЕС.
The three levels of priority for adapting these documents, which are identified in the table above, were determined on the basis on expert opinion. In view of the project’s time and financial constraints, the experts of the three countries agreed to limit the number of top-priority documents selected for consideration to three, namely, Directives 2000/60/ЕС, 96/61/ЕС and 91/271/ЕЕС. The experts completed and analyzed the tables of concordance for these directives, and provided related conclusions and proposals that appear below in Section 6.
References
Research report, “Harmonization of Ukrainian legislation on the protection, use and recovery of natural resources with the legislation of the European Union.” Ukr NDIEP, 2001, Vol.1, p.51.
Directive 96/61/ЕС on integrated prevention and control of pollution.
Directive 91/271/ЕЕС on municipal sanitary water treatment.
Previous:
Analysis of Structure and Content of European Union Environmental Legislation