Defense of environmental activist

On 10, April, 2008 the Supreme Court of Ukraine refused activist from Mykolaiv region to reconsider the decisions of lower courts on his case by which he was obliged to compensate NAEC Energoatom 2500 UAH of moral damages.
In 2005 he published in local newspaper article with strong criticism of activities of Energoatom concerning construction of Tashlyk hydro-power accumulating station. Atomic agency appealed such article in court questioning the facts published by Malytsky and asking for compensation of moral damages to company’s reputation in the amount of 100 000 UAH (20 000 USD). Judges of first, appeal and second appeal instances decided to declare part of the facts published inaccurate and ordered the defendant 2500 UAH of moral damages. Challenging of such court decisions which in our mind contravene national legislation and European Convention on Human Rights and Basic Freedoms was not successful.

The Supreme Court of Ukraine made final decision in his case and this completed the national court procedures, thus we are planning to apply to the European Court on Human Rights for the protection of the rights of Malytsky to freedom of speech and expression.

International charitable organization Environment People Law
invites participation in a tender
"Utilization of Toxic Pesticides on the Territory of Lviv Oblast, Ukraine, in the Transboundary Basin of the Rivers San and Western Bug"

A tender will take place within the framework of realization of the project "Utilization of Toxic Pesticides on the Territory of Lviv Oblast in the Transboundary Basin of the Rivers San and Western Bug", in accordance with a grant contract of an  external action of the European Commission 2008/154-504.

In April, 2008 a general project began in Lviv Oblast Department of Environmental Protection, State Environmental Inspection of Lviv Oblast and International Charitable Organization Environment People Law sponsored by the European Commission within the framework of the Neighbourhood Programme Poland-Belarus-Ukraine INTERREG IIIA/TACIS CBC

In conjunction with realization of the Project we invite Ukrainian and foreign enterprises to take part in a tender on the purchase of services in packaging and utilization of pesticides on territory of the Lviv region.
Persons interested to taking part in the tender are asked to send to our address tender proposals which contain  information about:

• cost of utilization of 1 (one) ton of harmful and illegal pesticides taking into account  charges of transporting from territory of the Lviv area to the place of their utilization;
• overall cost of services for packaging (inclusive with a container) 1 (one) ton of harmful and illegal pesticides.

Requirements for executors of proposed work

The executor of the proposed work must answer such qualifying requirements:
-    to have all permissions and licenses needed for implementation of the said works;
-   to have facilities, equipments and personnel which have necessary knowledge, qualification and experience;
-  not to be in debt on payment of taxes and collections (obligatory payments) in accordance with the law;

• to carry out the entrepreneurial activity in accordance with all stated regulations and requirements;
• to have experience implementing similar agreements.

Foreign participants who wish to take part in the tender must also present permissions on transboundary transportation of hazardous wastes.
Proposals should be submitted on letter head of the organization, signed by authorized personnel and notarized by seal.

The proposal should include:

• Copy of certification of state registration.
• Copy of certificate of tax payer of VAT.
• Copy of certificate of inclusion in the State Registry of Business, Organizations and Institutions.
• Copy of the company’s regulations.
• Copy of license/permit allowing handling of hazardous wastes/pesticides.
• Copy of license/permit to transport hazardous wastes/pesticides.
• Certified statement on work carried out by the company utilizing pesticides in 2006-2007, signed by director or other authorized person and notarized by company seal.
• Requirements as to the form of packaging pesticides.

Additional information:

 The expected cost of services of the tender for packing of pesticides (together with the cost of container) – is not more than 38,000 Euro (thirty-eight thousand Euro).
The expected cost of services of the tender for utilization of pesticides – is not more than 135,052 Euro (one-hundred-thirty-five-thousand fifty-two Euros).
Term of implementation: July to December, 2008 
The location of harmful and illegal pesticides is in Lviv Oblast, Ukraine.
Additional condition: the final compensation of 20% charges for packaging and utilization of pesticides will take place after completion of the project and claim of report in accordance with the second installment of grant financing by the European Commission.
After the grant of the indicated services for packaging and utilizations of pesticides and signing of the acts of work performed by the executor is signed, VAT is refunded.
Applications for the tender received after the term indicated in the announcement will not be considered.
Reasons for refusing a company’s tender will not be reported nor explained.
Participation in the tender selection will be considered only if answers are provided in full according to the terms of the tender and are received within the deadline stated in the tender as indicated in the announcement. Terms and conditions of the tender are laid down by the party organizing the tender.
Participation in the tender requires the participant to accede to the fact that the party organizing the tender will not return any materials submitted in the tender process without a special request made by the participant and submitted in written form and accordingly sent to the party organizing the tender. If one month after the announcement of tender results the tender participant does not request the return of his materials and documents sent in for the tender, the party organizing the tender claims right of domain over the materials.
Participation in the tender requires the participant to accede to all terms of the tender and accept responsibility to execute them properly.
In case of a situation in which ambiguity of interpretation of terms of tender or other question result, the party organizing the tender makes the final decision. The final decision of the party organizing the tender is without appeal. 

Determination of winner of the tender

The tender committee created within the framework of the project will select by June 17, 2008 the submission which accords best with the requirements of the project and with current Ukrainian and international legislation.
Tender applications received by the project office after June 12, 2008 will not be examined.
Materials submitted for the tender will not be critiqued.
Reasons for refusal of tender submission are not reported or explained.
The results of tender will be announced on the web site of the party organizing the tender at http://www.epl.org.ua/  and on the web site of the Project http://www.epsi.org.ua/.
Tender proposals should be submitted in either Ukrainian or English in written form with annexes, along with an electronic copy, and sent to the following address:

HIRKHIMPROM
98 Striyska Street, rm 409
Lviv 79026

Office’s electronic address : epsi@mail.lviv.ua or epl@mail.lviv.ua
contact tel/fax +38 032 2433888

On 1 through 4 March in Lviv two seminars were held: "Access to environmental information in Ukraine for NGOs representatives and journalists: experience and recommendations", "Access to environmental information for representatives of public bodies: current problems". The event was organized by International charity organization "Environment–People–Law" (EPL) in cooperation with the International organization "Article 19" (Great Britain) and supported by the European Union and International Fund "International Media Support" (Denmark). The seminars were attended by representatives of environmental NGOs from different parts of Ukraine many of which were founders of environmental public movement in Ukraine, the rector of the Academy of Judges, representatives of State department of environment protection in Lviv region, Administration of environment and development of the Department of city construction. Among the participants there were researchers, practical lawyers having considerable experience, international experts. The goals of the seminars were the following:

1. to analyze problems in the sphere of access to environmental information and elaborate effective ways of overcoming them;
2. to promote development and strengthen relations between international and national NGOs, to intensify cooperation among NGOs and share positive experience in the sphere of realization and protection of the right to environmental information;
3. to elaborate proposals and recommendations as for improvement of current legislation and practice with the aim of improving the access to environmental information in Ukraine;