How to go through the environmental impact assessment procedure and get a conclusion

In 2017, in order to move closer to European standards, namely to control the degree of environmental pollution and ensure the right of citizens to a safe environment, Ukraine introduced an environmental impact assessment procedure (hereinafter – EIA).

Article 3 of the Law of Ukraine “On Environmental Impact Assessment” provides a list of economic activities that must undergo an environmental impact assessment and obtain an opinion.

Prior to the beginning of the EIA, alternatives of the planned activity are considered, the analysis of justified alternatives is carried out taking into account their economic feasibility and technical efficiency, ecological safety and volumes of consumption of resources per unit of production.

The procedure for EIA and obtaining an opinion is determined by the Procedure for submission of documentation for providing an opinion on environmental impact assessment and financing of environmental impact assessment and the Procedure for maintaining the Unified Register of Environmental Impact Assessment, approved by the Cabinet of Ministers of 13.12.2017 №1026.

It provides for the following stages: preparation of a report on the EIA; conducting a public discussion; analysis by the authorized body of the information provided in the EIA report, any additional information provided by the business entity, as well as information received from the public during the public discussion, during the transboundary impact assessment procedure; providing the authorized body with a reasoned opinion on the EIA; taking into account the conclusion on the environmental impact assessment in the decision to carry out the planned activity. According to the current legislation, the EIA procedure lasts at least 65 working days. At the initial stage of the planned activity, the business entity informs the public and the authorities about its intentions through the publication of the Notification on the planned activity in the Unified Register of EIA (http://eia.menr.gov.ua/). The message is also printed in the local press and placed on bulletin boards and available information resources.

Within 20 working days from the date of official publication of the Notice, the public will be able to submit to the authorized body their comments and suggestions on the scope of research and details of the Report.

The business entity ensures the development of the Report and submits it to the authorized body. The task of the EIA Report is to create a picture of the general understanding of the requirements, regulations and problems related to the implementation of the planned activities, which are subject to such assessment. The document is designed to determine and forecast the degree of environmental and socio-economic impact of the planned activities.

Within 3 working days from the date of receipt of the EIA Report, the authorized body shall publish the Announcement on the commencement of the public discussion (including public hearings) (Article 8) and the EIA Report itself in the Unified EIA Register.

 

The authorized body, at the expense of the business entity, conducts a public discussion, which begins from the date of publication of the Announcement on the beginning of public discussion and public access to the EIA Report for review and lasts at least 25 working days. After that, the authorized body prepares a Report on the public discussion, which includes all received written comments and suggestions from the public and a table indicating the information on taking into account or justifying the rejection of the received comments and suggestions.

Within 25 working days from the date of completion of the public discussion, the authorized body shall issue an Opinion, which shall be published through the Unified Register of EIA.

According to Article 11 of the Law of Ukraine “On EIA”, state bodies, when making decisions on carrying out planned activities, are obliged to take into account the Conclusion on EIA and include in their decision the environmental conditions of carrying out planned activities.

After receiving the conclusion on the environmental impact assessment, the business entity must carry out post-project monitoring of compliance with its conditions (part one of Article 13 of the Law of Ukraine “On Environmental Impact Assessment”) and inform the Ministry of Environment or the authorized territorial body that issued the opinion. The procedure, terms and requirements for post-project monitoring are defined in the conclusion on the environmental impact assessment.

It is extremely important during the EIA procedure to identify all possible impacts and their consequences for the environment, develop measures to reduce and prevent them to protect the business entity from possible adverse actions of regulatory authorities, penalties, negative public opinion in the planned activities.

During the implementation of the procedure in Ukraine, we have prepared numerous reports on EIA, which received positive conclusions. It should be noted that at the beginning of this year, the ecologists of Center LTD were among the first in Ukraine to confirm their qualifications and receive a Certificate of Conformity from the executors of EIA Reports.

Involvement of the business entity in a comprehensive EIA procedure

Center LTD (https://center-ltd.com.ua/) will promote the adoption of effective environmental decisions that will positively pass the EIA procedure and will benefit the company and the environment.

Oleg Bota, Olena Vitrak, Center LTD Company