14-16 September 2016, Wrocław, Poland Public notification in Ukrainian draft EIA Act in the light of the existing situation and international requirements Wiktoria Raczyńska Annual EELF Conference 2016 Procedural Environmental Rights: Principle X in Theory and Practice 14-16 September 2016, Wrocław, Poland

Content Public participation in decisions on specific activities: Aarhus Convention, EU, Ukraine. Public notification: personal scope, timely manner, means, content.

Public participation in decisions on specific activities the UNECE Convention On Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (25 June 1998, Aarhus, hereinafter - the Aarhus Convention), EU: the Directive of the European Parliament and of the Council 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (hereinafter - the EIA Directive); the habitat Directive the IED Directive.

Public participation in decisions on specific activities Stages: public notification, providing the public with the assess to the documentation of the case, submitting comments by the public, consideration of the public comments and proposals and taking a decision in the case and public notice of made decision.

Public participation in decisions on specific activities: Ukraine Projects - especially dangerous for the environment. Building projects: - especially dangerous for the environment, - subject to EIA in a transboundary context. OVOS procedure national construction standards DBN A.2.2-1-2003 state ecological expertise the Law of Ukraine “On Ecological Expertise” dated 09/02/1995 no. 45/95-ВР, expertise the Law of Ukraine “On Urban Development Regulation” dated 17/02/2011 no. 3038-VI Ukrainian draft EIA Act

Ukrainian draft EIA Act Personal scope the Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act „the public concerned should be informed”. „the public shall be informed”. - the population, - by the developer. - the public, - by the developer and sometimes by the public authority.

Ukrainian draft EIA Act Timely manner the Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act „when all options are open and effective public participation can take place”. + - during 5 work-days from submiting notification on the planned activity subject to EIA (before the scoping stage of the decision making), - during 5 work-days from submiting the EIA Report.

Ukrainian draft EIA Act Means of notification the Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act - public notice. + - 2 or more printed medias („may be affected” territory). - bill posting, - other appropriate means. - - notice boards of the local public authority, - (or) other public places („activity territory”). - electronic media - Internet site of competent public authority. - (or) another way for: - people living where the activity is planned or - other people interested in decision-making.

Ukrainian draft EIA Act Means of notification the Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act individually. -

Ukrainian draft EIA Act Content Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act the proposed activity and the application. + the nature of possible decisions or the draft decision. (only at the scoping stage). the public authority responsible for making the decision. - - the authority competent to issue decisions (only at the scoping stage), - the authority responsible foe examinating EIA findings (only at the EIA Report stage).

Ukrainian draft EIA Act Content Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act the envisaged procedure, including: the commencement of the procedure. - the opportunities for the public to participate. + the time and venue of public hearing.

Ukrainian draft EIA Act Content Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act the public authority from which relevant information can be obtained. + - where the relevant information has been deposited. (only at the EIA Report stage). relevant environmental information that is available.

Ukrainian draft EIA Act Content Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act the public authority to which comments or questions can be submitted. + - time schedule. (only at the EIA Report stage). The fact that the activity is subject to a national or transboundary EIA procedure. (only at the scoping stage).

Conclusions: public notification the Aarhus Convention the EIA Directive Ukrainian law Ukrainian draft EIA Act personal scope. + timely manner. means of notification. +/- (only printed media). („may be affected” territory, individual notification). content of notification. (no public authority responsible for making the decision and giving information, no list of information). (no relevant environmental information + comments time schedule on scoping stage; no info on national or transboundary EIA on EIA Report stage).

Thank you!