“Why does the Ministry of Environment ignore the demands of the EU and the public regarding reforms of the environmental protection system?”, — write: epravda.com.ua
Ukraine is on the way to membership in the European Union, where public participation in decision-making and environmental protection are important. However, now the Ministry of Environmental Protection often ignores the opinion of citizens and makes decisions that do not take into account the interests of the majority. This contradicts the democratic principles and requirements of the EU, which emphasize the need for active public participation. The October report of the European Commission shows that Ukraine has not yet reached the appropriate level in this aspect. What does it threaten during the acquisition of membership in the European Union and how to change it? Reforms on the way to the EU under the watchful eye of Brussels Ukraine is rapidly moving towards European integration, showing much better pace compared to other countries. For example, Poland spent 10 years preparing and changing legislation, and Romania and Bulgaria – 12. We show much faster progress, but successful membership requires the coordinated work of the government, the public and business.Advertisement: EU assessment of Ukraine’s readiness for European integration in in the field of environment and climate showed that there is still work to be done: we received two out of five possible points. In June 2025, Ukraine expects the opening of negotiations on a regional cluster. Government officials must prepare a report on the fulfillment of European integration requirements and agree with the European Commission on further steps. During these negotiations, specific measures will be discussed to adapt our legislation to European norms. Government officials have also created negotiating working groups, which include experts, representatives of the government, the public, and business. The Environment and Climate Group is the largest, with 71 members. Environmentalists hope that such cooperation will be productive and will allow finding a common vision of reforming the surrounding part in accordance with European requirements. Although some European directives have been partially implemented in Ukrainian legislation, there are still significant discrepancies between Ukrainian laws and European standards. The European Commission in the report notes thatAdvertisement: Ukraine needs to implement environmental assessments in all plans and projects that may have a significant impact on the environment, it is important to avoid exceptions to these procedures that contradict EU requirements, and to ensure their application during reconstruction, in the environmental field, necessary further improvements, in particular in the fight against environmental crimes and ensuring access to justice. The European Union is asking, Ukraine is reading between the lines This year, the government tried to narrow down the environmental impact assessment (EIA) during the war and reconstruction by developing a Concept Note. Yes, the war causes enormous damage to the environment of Ukraine, and considerable attention of the state is focused on overcoming its consequences. However, the government uses these circumstances for manipulation. In particular, the Concept Note was adopted, which significantly expands the possibilities of avoiding environmental impact assessment (EIA) and strategic environmental assessment (SEA) procedures during reconstruction. This creates risks for the approval of dangerous projects that may threaten people’s health and ecosystems, and contradicts the principles of the European Union, which require strengthening of environmental control even in crisis conditions. The Concept Note is a document that defines when ATS and SEA procedures may not be conducted during wartime and reconstruction. The memo does not specify specific projects or clear criteria for their implementation. Therefore, there is a threat that during the reconstruction, projects that are dangerous for people’s health and the environment will be approved. The document caused outrage among environmental protection public organizations. Environmentalists repeatedly submitted comments on the content of the document and emphasized potential risks, but the Ministry of Environment did not fully take them into account. After analyzing the document, it seems that the Ministry of Environment misunderstood the requirements of the European Commission. It does not have clear explanations for each specific project. Instead of clarifications, any project can fall under exceptions if it meets three principles: exclusivity, controllability, reversibility. How the Ministry of Environment ignores the public The report of the European Commission indicates that the involvement of the public increases the transparency and accountability of government decisions. The EU requires candidate countries, in particular Ukraine, to implement mechanisms for citizen participation in environmental processes. This is part of Ukraine’s obligations within the framework of European integration. The Ministry of Environment often cooperates ineffectively with environmental protection organizations. For example, government officials hold meetings with civil society activists, but their advice and comments are rarely taken into account when making decisions. This is evidenced by formal answers and closed discussions. Lack of dialogue with environmentalists can lead to decisions that harm sustainable development: large infrastructure projects will be approved without careful analysis of their impact on the environment. Insufficient interaction between citizens and the government undermines trust in state bodies, and this can reduce the participation of Ukrainians in discussions of important decisions for the state. Bright examples are the situations around Borzhava and Svidovets. In the Borzhava case, the public and conservation organizations actively opposed the construction of a wind farm that could destroy unique natural ecosystems. Despite numerous comments, the government did not respond to environmentalists’ fears for a long time, and only under the pressure of activists and court decisions was it possible to partially stop the project. A similar situation arose with the development of Svidovets, where the construction of a large-scale ski resort is planned. Despite criticism of the environmental impact, the lack of proper environmental impact assessment and concerns about the destruction of valuable natural landscapes, the public’s position was effectively ignored. Other examples include the development of Kyiv islands (Trukhaniv Island, Velikiy Island), when activists repeatedly drew attention to violations of environmental regulations, but their arguments were not taken into account. The lack of dialogue with environmentalists in these and similar situations demonstrates the disregard of the importance of the environmental component in decision-making, which undermines trust in state bodies and promotes the adoption of projects that harm sustainable development. Ukraine ratified the Aarhus Convention, which requires citizens to participate in environmental decision-making and access to necessary information. However, in practice, these obligations are not fully fulfilled. In particular, citizens still have limited access to information, the inability to participate in public discussions and submit proposals. Therefore, in 2022, the public organization “Ekoklub” complained about the violation of the rights of citizens to participate in decision-making on environmental protection to the Committee for Compliance with the Aarhus Convention. The complaint states that the Ministry of Environment does not ensure proper transparency and fairness of the process of public discussions, therefore many dangerous projects are approved without proper analysis of their work. Active cooperation of both parties is required to resolve the complaint. First, the Ministry initiated the meeting with the Ecoclub, but further actions did not confirm a real interest in constructive cooperation: government officials submit formal correspondence to the Committee. If Ukraine does not fulfill its obligations under the Aarhus Convention, it will cause international criticism and complicate cooperation with European partners. In particular, EU countries can limit the financial and technical assistance necessary for the restoration of the environment after the war. And this will worsen the political situation in the country and create risks for sustainable development. How does this threaten Ukraine If the government fails to fulfill its obligations poorly, in particular within the framework of the Ukraine Facility plan (a program of financial support for Ukraine from the European Union for 50 billion euros in 2024-2027), this may lead to: Delay in European integration. Negotiations with the EU may drag on indefinitely, which distances Ukraine from European standards and values. Decrease in investment income. Investors may lose confidence in Ukraine, which will slow down the pace of development. Suspension of financial aid to the European Union, in particular within the framework of the Ukraine Facility plan. Without it, Ukraine will recover more slowly from the consequences of the war. How to change it, the Ecoclub suggests: 1. Develop transparent mechanisms for public participation in decision-making, in particular: regularly hold open consultations involving representatives of civil society; develop convenient tools to submit comments and suggestions online; to ensure that the interests of the public are taken into account during decision-making 2. To improve the procedure of ATS and SEA by reforming the legislation in the field of permitting procedures and environmental responsibility. 3. To ensure transparency and availability of information for citizens. In particular, fully comply with the requirements of the Aarhus Convention – recommendations of the Meeting of the Parties regarding the adoption of necessary legislative, regulatory, administrative or other measures; participate in the development of actions to solve the problems of existing complaints. 4. To develop interdepartmental cooperation. Improve communication between the Ministry of Environmental Protection, the public and business to find compromises. Involve experts and environmentalists in working groups at all stages of development of solutions. 5. Ensure accountability. Develop mechanisms for monitoring the fulfillment of environmental obligations, in particular with the involvement of international experts and organizations. Introduce tough sanctions for non-compliance with environmental norms and EU recommendations. 6. Prioritize sustainable development and reconstruction. Permanent projects that contribute to environmental and energy sustainability should be prioritized in reconstruction plans and projects. 7. Promote international partnership Deepen cooperation with the European Union to implement best practices in the field of environmental governance, taking into account international experience. Qualitatively implement the recommendations of the European Commission within the framework of the Ukraine Facility plan in order to avoid delays in financial assistance. All this needs to be done today: the negotiating framework for environment and climate issues is due to open in June 2025. Delay will mean a delay in European integration and the prospect of joining the EU. Although war poses serious challenges, it cannot be an excuse for ignoring environmental obligations. The problem lies in imperfect documents, weak work of the Ministry of Environment and insufficient consideration of public opinion, which needs to be urgently corrected.