Pilot Project on implementation of SEA for regional planning in Ukraine Prof. Dr. Michael Schmidt Dmitry Palekhov Brandenburg University of Technology Cottbus, Germany

ACTION PLAN EU – UKRAINE (endorsed by the EU-Ukraine Cooperation Council on ) PROVIDES WITH NECESSARY CONDITIONS FOR GOOD ENVIRONMENTAL GOVERNANCE Main tasks  Completion of administrative structures and procedures to ensure strategic planning of environment issues and co-ordination between relevant actors;  Integration of environmental considerations into policies of key sectors, particularly industry, energy, transport, regional development and agriculture;  Establish procedures for the public participation in administrative decision- making, access to environmental information, including implementation of Aarhus Convention. Necessary Steps  Reinforce procedures to carry out environmental assessment of administrative decisions, including trans-boundary issues; support NGOs and local authorities;  Gradual approximation of Ukrainian legislation, norms and standards with those of the EU;  Development of framework legislation and main planning procedures to ensure implementation of the National Strategy on environmental protection;  Enhancement of administrative capacities, including those for permitting as well as enforcement and inspections.

Main directions in reformation of regional administration  Providing for strategic orientated administration, aimed at sustainable development – decentralisation of strategic regional development planning, programme-oriented approach, implementing procedures for strategic assessment of decisions, co-ordination between relevant actors;  Establishing principles for sustainable development of regions – strategies of regional development must systematically integrate different types of problems – economic, social, environmental and resource-saving; pro-active environmental protection;  Democratisation of decision-making procedures – public participation in discussing strategic alternatives of development (policies, plans and programmes).

Necessity for implementing SEA in procedures of regional planning SEA is an: -instrument for rational and appropriate decision-making in the view of ensuring and providing for sustainable regional development; -instrument of preventing significant impact of regional PPPs on environment (on local, trans-boundary and global scale); SEA allows to: -improve relevance and interactivity of decisions made by regional administration; -systematically analyse, evaluate and select best alternatives for PPPs; -improve other types of environmental assessment (i.e. EIA); -use results of SEA for future decision-making, also on other levels of administration. SEA provides for: -complex integration of economic, social and environmental factors in developing regional PPPs; -identification on earlier stages of significant environmental impacts of proposed PPPs, including their cumulative impact; -participation and consultations with interested parties regarding elaboration of regional development strategies;

Regulation and/or support of the SEA procedure by Ukrainian legislation Main legal documents Principle provisions Laws of Ukraine “Environmental Protection Act” (№ XII, ) - declares principles of sustainable development for the sake of current and future generations; - defines legal, economic and social bases for the protection of environment. “Law on Environmental Expert Review ” (№ 45/95-BP, ) - defines bases for the assessment of environmental risk and safety of planned or carried out activities; - establishes mechanisms for assessment of effectiveness, sufficiency and relevance of environment and health protection measures; - provides for taking into account public opinion by preparation of environmental expert review statement. Decrees of the Cabinet of Ukraine “List of activities and objects, considered to have high ecological risk” (Decree № 554, ) - defines types of activities and objects, which could have significant environmental impact Resolutions of the Ministry of Environment of Ukraine “Ordinance on public participation in decision-making concerning protection of environmental” (№ 168, ) - regulates public participation in environmental protection issues, proceeding from principles of Aarchus Convention Environmental Standards, Norms and Rules DBN A “Structure and content of documents on EIA (OVOS) in designing and construction of business, houses and buildings. Main design principles”. Describe environmental assessment procedures for development proposals.

Main tasks for the legal implementation of SEA in Ukraine 1) Legal definition of concepts and terminology of SEA, its place and role in the system of environmental assessment, correlation and characteristics of different levels of environmental assessment; 2) Legal regulation of SEA procedures – formalisation of its tasks, objectives, organisational forms, subjects, objects, methods, documentation and other formalities; 3) Development of adapted methodology for SEA of PPPs on different administration levels – national, regional, local (according to Ukrainian planning procedures).

Tasks and objectives of the pilot project on implementation SEA for regional planning in Ukraine Aim of the project -acquiring the experience in implementing SEA in practice of regional planning (on example of Dnepropetrovsk region, Ukraine) according to priority objectives of the Action Plan EU – Ukraine. Project partners - BTU Cottbus, Germany – project coordinator - Dnepropetrovsk regional council, Ukraine - Oxford Brooks University, UK - Finnish Environment Institute, Finland - Institute of Nature Management and Ecology Problems, Dnepropetrovsk, Ukraine - National Mining University, Dnepropetrovsk, Ukraine Research base Dnepropetrovsk region, Ukraine

-evaluation of potential and advantages of SEA in regional administration; -elaboration of the model development plan for Dnepropetrovsk region; -development of methodical recommendations for the application of SEA as an instrument of regional planning with a view of sustainable development; -development of recommendations concerning public participation in elaboration of regional development policies, plans and programmes; -development of conclusions and propositions for the improvement of regional development planning procedures; -development of conclusions and propositions regarding necessary changes in legislation currently in force Tasks of the Project