Pilot Project on implementation of Pilot Project on implementation of SEA for regional planning in SEA for regional planning in

UkraineUkraine

Prof. Dr. Michael SchmidtProf. Dr. Michael SchmidtDmitry PalekhovDmitry Palekhov

Brandenburg University of TechnologyCottbus, Germany

ACTION PLAN EU – UKRAINEACTION PLAN EU – UKRAINE(endorsed by the EU-Ukraine Cooperation Council on 21.02.2005)(endorsed by the EU-Ukraine Cooperation Council on 21.02.2005)

PROVIDES WITH NECESSARY CONDITIONS FOR GOOD PROVIDES WITH NECESSARY CONDITIONS FOR GOOD ENVIRONMENTAL GOVERNANCEENVIRONMENTAL GOVERNANCE

Main tasksMain tasks Completion of administrative structures and proceduresCompletion of administrative structures and procedures to ensure strategic to ensure strategic

planning of environment issues and co-ordination between relevant actors;planning of environment issues and co-ordination between relevant actors; Integration of environmental considerations into policies of key sectorsIntegration of environmental considerations into policies of key sectors, ,

particularly industry, energy, transport, regional development and agriculture;particularly industry, energy, transport, regional development and agriculture; Establish procedures for the public participation Establish procedures for the public participation in administrative decision-in administrative decision-

making, access to environmental information, including implementation of Aarhus making, access to environmental information, including implementation of Aarhus Convention.Convention.

Necessary StepsNecessary Steps Reinforce proceduresReinforce procedures to carry out environmental assessment of administrative to carry out environmental assessment of administrative

decisions, including trans-boundary issues; support NGOs and local authorities;decisions, including trans-boundary issues; support NGOs and local authorities; Gradual approximation of Ukrainian legislation,Gradual approximation of Ukrainian legislation, norms and standards with those norms and standards with those

of the EU;of the EU; Development of framework legislation and main planning procedures Development of framework legislation and main planning procedures to ensure to ensure

implementation of the National Strategy on environmental protection;implementation of the National Strategy on environmental protection; Enhancement of administrative capacities,Enhancement of administrative capacities, including those for permitting as well including those for permitting as well

as enforcement and inspections.as enforcement and inspections.

Main directions in reformation of regional Main directions in reformation of regional administrationadministration

Providing for strategic orientated administration,Providing for strategic orientated administration, aimed at aimed at sustainable development – decentralisation of strategic regional sustainable development – decentralisation of strategic regional development planning, programme-oriented approach, implementing development planning, programme-oriented approach, implementing procedures for strategic assessment of decisions, co-ordination procedures for strategic assessment of decisions, co-ordination between relevant actors;between relevant actors;

Establishing principles for sustainable development of regionsEstablishing principles for sustainable development of regions – – strategies of regional development must systematically integrate strategies of regional development must systematically integrate different types of problems – economic, social, environmental and different types of problems – economic, social, environmental and resource-saving; pro-active environmental protection;resource-saving; pro-active environmental protection;

Democratisation of decision-making proceduresDemocratisation of decision-making procedures – public – public participation in discussing strategic alternatives of development participation in discussing strategic alternatives of development (policies, plans and programmes).(policies, plans and programmes).

Necessity for implementing SEA in procedures of Necessity for implementing SEA in procedures of regional planningregional planning

SEA is an:SEA is an:- instrument for rational and appropriate decision-making in the view of instrument for rational and appropriate decision-making in the view of

ensuring and providing for sustainable regional development;ensuring and providing for sustainable regional development;- instrument of preventing significant impact of regional PPPs on instrument of preventing significant impact of regional PPPs on

environment (on local, trans-boundary and global scale);environment (on local, trans-boundary and global scale);

SEA allows to:SEA allows to:- improve relevance and interactivity of decisions made by regional improve relevance and interactivity of decisions made by regional

administration;administration;- systematically analyse, evaluate and select best alternatives for systematically analyse, evaluate and select best alternatives for

PPPs;PPPs;- improve other types of environmental assessment (i.e. EIA);improve other types of environmental assessment (i.e. EIA);- use results of SEA for future decision-making, also on other levels of use results of SEA for future decision-making, also on other levels of

administration.administration.

SEA provides for:SEA provides for:- complex integration of economic, social and environmental factors in complex integration of economic, social and environmental factors in

developing regional PPPs;developing regional PPPs;- identification on earlier stages of significant environmental impacts of identification on earlier stages of significant environmental impacts of

proposed PPPs, including their cumulative impact;proposed PPPs, including their cumulative impact;- participation and consultations with interested parties regarding participation and consultations with interested parties regarding

elaboration of regional development strategies;elaboration of regional development strategies;

Regulation and/or support of the SEA procedure by Ukrainian legislationRegulation and/or support of the SEA procedure by Ukrainian legislation

Main legal documentsMain legal documents Principle provisionsPrinciple provisionsLaws of UkraineLaws of Ukraine

““Environmental Protection Act” (Environmental Protection Act” (№ 1264№ 1264--XIIXII, 25.06.1991, 25.06.1991))

- - declares principles of sustainable development for the sake of current declares principles of sustainable development for the sake of current and future generations;and future generations;- defines legal, economic and social bases for the protection of - defines legal, economic and social bases for the protection of environment. environment.

““Law on Environmental Expert Review ” Law on Environmental Expert Review ” ((№ № 45/95-BP45/95-BP, , 0909..0202.199.1995)5)

- defines bases for the assessment of environmental risk and safety of - defines bases for the assessment of environmental risk and safety of planned or carried out activities;planned or carried out activities;- establishes mechanisms for assessment of effectiveness, sufficiency and - establishes mechanisms for assessment of effectiveness, sufficiency and relevance of environment and health protection measures;relevance of environment and health protection measures;- provides for taking into account public opinion by preparation of - provides for taking into account public opinion by preparation of environmental expert review statement.environmental expert review statement.

Decrees of the Cabinet of UkraineDecrees of the Cabinet of Ukraine““List of activities and objects, considered List of activities and objects, considered to have high ecological risk” (Decree to have high ecological risk” (Decree № № 554554, , 2727..0606.199.1995)5)

- defines types of activities and objects, which could have significant - defines types of activities and objects, which could have significant environmental impactenvironmental impact

Resolutions of the Ministry of Environment of UkraineResolutions of the Ministry of Environment of Ukraine““Ordinance on public participation in Ordinance on public participation in decision-making concerning protection of decision-making concerning protection of environmental” (environmental” (№ № 168168, , 1818..1212..2003)2003)

- regulates public participation in environmental protection issues, - regulates public participation in environmental protection issues, proceeding from principles of Aarchus Conventionproceeding from principles of Aarchus Convention

Environmental Standards, Norms and RulesEnvironmental Standards, Norms and RulesDBN A.2.2-1-2003 “Structure and content DBN A.2.2-1-2003 “Structure and content of documents on EIA (OVOS) in designing of documents on EIA (OVOS) in designing and construction of business, houses and and construction of business, houses and buildings. Main design principles”.buildings. Main design principles”.

Describe environmental assessment procedures for development Describe environmental assessment procedures for development proposals.proposals.

Main tasks for the legal implementation of SEA in Main tasks for the legal implementation of SEA in UkraineUkraine

1) Legal definition of concepts and terminology of SEA,1) Legal definition of concepts and terminology of SEA, its place and role in the system of environmental its place and role in the system of environmental assessment, correlation and characteristics of different assessment, correlation and characteristics of different levels of environmental assessment;levels of environmental assessment;

2) Legal regulation of SEA procedures2) Legal regulation of SEA procedures – formalisation of its – formalisation of its tasks, objectives, organisational forms, subjects, objects, tasks, objectives, organisational forms, subjects, objects, methods, documentation and other formalities;methods, documentation and other formalities;

3) Development of adapted methodology3) Development of adapted methodology for SEA of PPPs for SEA of PPPs on different administration levels – national, regional, local on different administration levels – national, regional, local (according to Ukrainian planning procedures).(according to Ukrainian planning procedures).

Tasks and objectives of the pilot projectTasks and objectives of the pilot project on implementation SEA for regional planning in Ukraineon implementation SEA for regional planning in Ukraine

Aim of the projectAim of the project- acquiring the experience in implementing SEA in practice of acquiring the experience in implementing SEA in practice of

regional planning (on example of Dnepropetrovsk region, regional planning (on example of Dnepropetrovsk region, Ukraine) according to priority objectives of the Action Plan EU – Ukraine) according to priority objectives of the Action Plan EU – Ukraine.Ukraine.

Project partnersProject partners- BTU Cottbus, Germany – project coordinatorBTU Cottbus, Germany – project coordinator- Dnepropetrovsk regional council, UkraineDnepropetrovsk regional council, Ukraine- Oxford Brooks University, UKOxford Brooks University, UK- Finnish Environment Institute, FinlandFinnish Environment Institute, Finland- Institute of Nature Management and Ecology Problems, Institute of Nature Management and Ecology Problems, Dnepropetrovsk, UkraineDnepropetrovsk, Ukraine- National Mining University, Dnepropetrovsk, UkraineNational Mining University, Dnepropetrovsk, Ukraine

Research baseResearch baseDnepropetrovsk region, UkraineDnepropetrovsk region, Ukraine

- evaluation of potential and advantages of SEA in regional evaluation of potential and advantages of SEA in regional administration;administration;

- elaboration of the model development plan for Dnepropetrovsk elaboration of the model development plan for Dnepropetrovsk region;region;

- development of methodical recommendations for the application development of methodical recommendations for the application of SEA as an instrument of regional planning with a view of of SEA as an instrument of regional planning with a view of sustainable development;sustainable development;

- development of recommendations concerning public development of recommendations concerning public participation in elaboration of regional development policies, participation in elaboration of regional development policies, plans and programmes;plans and programmes;

- development of conclusions and propositions for the development of conclusions and propositions for the improvement of regional development planning procedures;improvement of regional development planning procedures;

- development of conclusions and propositions regarding development of conclusions and propositions regarding necessary changes in legislation currently in forcenecessary changes in legislation currently in force

Tasks of the ProjectTasks of the Project