Results of Tables of Concordance Analysis

6.  Results of tables of concordance ANALYSIS

The table of concordance for Ukraine, which is presented below in Table 6.1, was compiled according to the uniform model using Directive 2000/60/ЕС as an example. While completing the table, the experts of Belarus and Ukraine did not have any data on the expected costs of realizing the requirements of these directives. Column 5 “Costs” for these countries has therefore not yet been completed. It is quite possible, however, that the experts will complete this column at the next stage of activity.

The first page of the table is provided below as an illustration. The completed tables of concordance are presented in Appendices A, B, and C [8, 9, & 10].

Table 6.1 –Table of concordance for national legislation of Ukraine, according to Directive 2000/60/ЕС of European Parliament and Council of October 23, 2000, establishing guidelines for activities in water policy

Analysis of the tables of concordance (Appendices A, B, and C) developed for adaptation of the three EU directives resulted in the following conclusions:

None of the articles of the three directives that were considered varied from the environmental protection guidelines adopted in the Dnipro River countries.

All three directives contained provisions for promoting progressive improvement in the effectiveness of activities related to protecting water.

In developing and analyzing the tables of concordance for these three directives and national legislation, the experts found that the environmental legislation of the three Dnipro River countries contained no insurmountable obstacles to transposition.

Given its adoption of a strategy for EU accession in the foreseeable future, it has been expedient for Ukraine to adapt its national legislation to EU environmental legislation. A similar conclusion may be made with respect to Russia and Belarus, albeit with less certainty regarding the latter. It should be noted that this will require a greater environmental orientation in the water policies and relevant legislation of these countries, along with the termination of regulatory functions in water management, which are unusual for these countries and which fall into the private domain governed by civil law.

1. Adoption of the key provisions of Directive 2000/60/ЕС into national law could best rectify the lack of a statutorily approved environmental water policy in the Dnipro River countries. The main results to be expected are as follows: realization of the principles of basin management, and the full proceeds from special water use would be accumulated in the account of the river basin organization (RBO) and then allocated directly to stimulating river basin water protective activities (as in France). For example, in Ukraine over the past few years, not more than 15-20% of water use fees that accumulated in the state budget were allocated to water protective activities. A similar situation also exists in the other Dnipro River countries.

2. While the contemporary approach to the integrated prevention of pollution incorporated in Directive 96/61/ЕС and widely applied in EU member states is also recognized in the Dnipro River countries, the latter have yet to implement it. Should this approach be adopted in the environmental legislation of the three countries, it will further advance that legislation and create a mechanism where, instead of the three authorizations that are currently required, a single authorization would be issued for all kinds of natural resources use, ensuring the application of the best techniques available.

Even though sewage is one of the main pollutants of natural water bodies, Belarus, Russia and Ukraine lack environmental legislation dealing with municipal water treatment, a situation which would be rectified by the adoption of national laws adapted to Directive ЕС 91/271/ЕЕС. The experts, however, do not exclude the possibility of another approach if the introduction of changes and amendments to current legislation are enacted without the adoption of a separate law.

The proposals are as follows:

Activities should be organized with the aim of adapting national legislation of the Dnipro River countries to the top-priority EU directives mentioned above.

The appropriate programme should be passed at the national level in order to transpose all 119 directives, including 11 directives on water quality, to national environmental legislation.

The activities conducted within the framework of this project should be submitted for the consideration of the National Board for Issues of Adaptation of Ukrainian Legislation to EU Legislation, as it could be useful for the Board’s further activities. It would obviously be appropriate to submit project results to the relevant government bodies of the other two states.

References

National report of the Republic of Belarus on the project “Harmonization of environmental legislation of the Dnipro River countries with the EU legislation.” Minsk, August 2003.

National report of the Russian Federation on the project “Harmonization of environmental legislation of the Dnipro River countries with EU legislation.” Moscow, August 2003.

National report of Ukraine on the project “Harmonization of environmental legislation of the Dnipro River countries with EU legislation.” Kyiv & Kharkiv, July 2003.

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