Ukraine needs to resolve problematic issues related to environmental impact assessment (EIA), prepare a new Nationally Determined Contribution of Ukraine to the Paris Agreement, and adopt a law on confirming the sustainable origin of timber and other goods that may lead to deforestation and forest degradation.
These are the tasks highlighted in the analysis of the European Commission's Report on Ukraine's progress under the EU's 2024 Enlargement Package, conducted and published by the NGO “Easy Business” with the support of the European Union.
The analysts compared the European Commission's 2023 and 2024 reports in the section “Environment and Climate Change”. They noted that our country is showing some progress, but there are a significant number of unresolved tasks and challenges “arising from significant structural, administrative and financial constraints, as well as the conditions of a full-scale war.”
EIA
According to the report, Ukraine has achieved partial alignment with EU horizontal environmental law. In December 2023, the environmental impact assessment procedure was amended to allow
- consult with state and local authorities during the EIA process;
- to hold public hearings in the format of a video conference.
In September 2024, the government shortened certain stages of environmental impact assessment, and in December, it approved the Guidelines for the preparation of an EIA report on hazardous waste treatment facilities.
During the reporting period, the Unified EIA Register and the Unified Strategic Environmental Assessment (SEA) Register were created to improve access to information. However, the European Commission stated that the public still faced problems with restricted access due to martial law.
European officials emphasized the importance of further efforts to
- ensuring that EIA and SEA are applied to all relevant plans, programs and projects, including recovery efforts;
- preventing further reduction of the list of activities exempted from EIA and SEA, in particular at the expense of forestry and agriculture;
- returning EIA to the scope of the updated Law on Administrative Procedure;
- ensuring access to EIA and SEA documentation for all stakeholders.
Areas of progress
- Environmental monitoring: partial compliance with EU law has been achieved, in particular due to the approval of the Concept of the State Targeted Environmental Monitoring Program in July 2023.
- Public access to environmental information: adoption of the Law on the National Pollutant Release and Transfer Register (PRTR) and implementing acts on reporting to the register.
- Air quality: In 2024, legislation on state air monitoring programs was adopted, an informative report was submitted in accordance with the requirements of the UN Economic Commission for Europe (UNECE) Air Convention, and 36 state air monitoring programs were approved. However, the need to improve the mechanisms of data collection, processing, and dissemination remains urgent.
- Waste management: currently, only partial compliance with EU law has been achieved. However, the European Commission notes significant progress during 2024, as more than 20 bylaws to the Law of Ukraine “On Waste Management” were adopted.
- Climate change: the European Commission emphasized some progress in strategic planning, as the Law of Ukraine “On the Basic Principles of State Climate Policy” was adopted and the National Energy and Climate Plan was approved in June 2024.
- Water quality: Ukraine made some progress last year. In November-December 2024, the government approved all 9 river basin management plans (RBMPs). In September, the government supported a number of changes to the Procedure for State Water Monitoring.
- Industrial pollution and risk management: there is partial alignment with EU standards. In 2024, some progress was made with the adoption of the Law of Ukraine No. 3855-IX188 “On Integrated Prevention and Control of Industrial Pollution”, as well as the implementation of regulations on reporting requirements for emissions of pollutants into the atmosphere from stationary sources.
- Chemicals: In June 2024, the Law of Ukraine “On Ensuring Chemical Safety and Management of Chemical Products” came into force and several implementation decisions were made. However, no legal procedures for the management and/or disposal of asbestos-containing materials that fully comply with international standards have yet been adopted, and no register of landfills licensed to handle asbestos has been created.
Which areas did not demonstrate positive dynamics at all
- Environmental control: the European Commission emphasized that legislation on liability for environmental crimes and environmental control is not yet fully harmonized with EU law, and the relevant institutions do not function in accordance with EU standards.
- Nature protection: the report notes that not only was there no progress during the reporting period, but there was also some regression, as at the end of 2023, the Ministry of Environment canceled the list of invasive tree species approved in the spring that were prohibited from being planted in forests. At the same time, “modest” progress has been made through the approval of the Methodological Guidelines for Risk Assessment of Invasive Alien Species, as well as the creation of the National Habitat Catalog of Ukraine.
- Noise pollution: no progress has been made.
Key tasks for Ukraine from the European Commission
In terms of strategic tasks, the European Commission emphasized the need to approve an updated Low Carbon Development Strategy until 2050 (the draft has already been developed by the Ministry of Ecology) and prepare a new Nationally Determined Contribution (NDC) of Ukraine to the Paris Agreement.
Among other tasks, the European partners identified the following:
- Ensuring the resumption of mandatory monitoring, reporting and verification of greenhouse gas emissions (through the implementation of the new Law No. 4187-IX) to prepare for the launch of the greenhouse gas emissions trading system.
- Ensuring full application of EIA and strategic environmental assessment (SEA) procedures, avoiding new exemptions, in particular in forestry and agriculture.
- Closing or bringing 6,000 existing landfills to EU standards.
- Adoption of the National Waste Management Plan until 2033 (already adopted on December 27, 2024 – ed.).
- Development and adoption of a strategy for implementing the principles of the circular economy and an action plan for its implementation.
- Adoption of a law on the confirmation of the sustainable origin of timber and other goods that may lead to deforestation and forest degradation.
- Update legislation in accordance with the requirements of the EU REDD (EU Regulation on Deforestation-free Products).
- Adoption of secondary legislation and implementation of measures envisaged in the adopted law on prevention and control of industrial pollution.
- Implementation of the EU Environmental Management and Audit Scheme (EMAS) and Regulation (EU) No. 66/2010 on the eco-label.
- Ratification of the Kigali Amendment to the Montreal Protocol.
- Development of a national strategy to reduce emissions of ozone-depleting substances and fluorinated greenhouse gases.
- Harmonization of national legislation with the EU climate acquis adopted to implement the European Green Deal and the Fit for 55 initiative.
Earlier, EcoPolitic reported that European Commissioners gave Ukraine two points for its progress in the field of environment and climate.
