The EBA pointed to critical gaps in the new rules for recording environmental damage shutterstock

The EBA pointed to critical gaps in the new rules for recording environmental damage

Katerina Belousova

Probably, the Regulation is primarily aimed at introducing a new type of unscheduled environmental inspections

The European Business Association (EBA) called on the government to finalize the draft Resolution "Some issues of the operation of "EcoZagroza" and the recording of facts of damage to the surrounding natural environment" and not to adopt it in its current version.

The resolution duplicates a number of current legislative procedures, potentially gives excessive powers to state bodies and increases pressure on business, the EBA reports.

The EBA supported the idea of adopting a separate provision on "EcoZahroza" as an information and communication system consisting of a website and a mobile application of the environmental threat detection service.

However, in their opinion, it is necessary to finalize ambiguous provisions in the resolution that duplicate the current norms, namely:

  • Introduction of a new type of unscheduled environmental inspections;

It is noted that the Resolution introduces an algorithm for conducting inspection (examination) of the place of possible harm and damage to the surrounding natural environment, as a result of emergency situations, events and armed aggression of Russia. The review will be carried out by eco-inspectors on the basis of appeals through "EkoZagroza", as well as any other written, electronic or oral appeal.

"However, environmental inspections are already carried out at enterprises, which are regulated by separate legal acts, in particular by the special Law on the Basic Principles of State Supervision (Control) in the Field of Economic Activity No. 877-V, etc.," the EBA emphasized.

  • Duplication of the procedure for determining damage and losses to the environment as a result of military operations.

The article emphasized that the Resolution provides for an examination to assess environmental damage and losses from the war. However, Cabinet Resolution No. 326 of March 20, 2022 establishes uniform approaches and basic requirements for conducting damage assessments. So far, 7 such methods have been approved and a sufficient list of damage assessment methods has been provided. In addition, the assessment of damage or destruction of buildings or structures, in particular industrial ones, is regulated by the Resolution of the Cabinet of Ministers No. 473 of April 19, 2022 (Procedure for the implementation of urgent works to eliminate the consequences of armed aggression of the Russian Federation).

"Thus, the process of identifying the consequences of damage to the natural environment and determining damages from military actions is sufficiently regulated at the legislative level – therefore, this issue should be removed from the resolution," the EBA emphasized.

The coordinator of the committee of industrial ecology and sustainable development of the EBA, Olga Boyko, noted that for according to the latest data, the amount of damage caused by the Russian Federation to the subsoil, atmospheric air, water and land resources of Ukraine exceeds 8 trillion hryvnias. The Ministry of Environmental Protection and Natural Resources uses 7 working methods to assess damages.

"The conclusion is drawn that the Resolution on "Eco-Threat" is primarily aimed at introducing a new type of unscheduled environmental inspections, which in the case of business inspections should comply with current legislation," she said.

Boyko emphasized that this could send a negative signal to representatives of the business community, who have been directing their efforts every day for more than a year to support the country's economy, as well as help the population and the military.

Earlier, EcoPolitic wrote, that the European Business Association called for finalizing 3 principle points in draft law No. 6004-d "On ensuring the constitutional rights of citizens to an environment safe for life and health" ("On industrial pollution"). This is necessary for the successful implementation of the reform.

As EcoPolitic reported earlier, the European Business Association (EBA) called finalize draft law No. 6349 "On improving the procedure of environmental audit" and bring it to European standards. After all, in the EU, eco-auditing allows businesses to gain competitive advantages, while Ukraine offers a punitive approach.

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