The first meeting of the task force on public participation in internal forums

The Task Force on Public Participation in International Forums (PPIF) held its first meeting on 24-25 November 2005 in Geneva.

The ECO-Forum delegation supported the plan, and successfully advocated the inclusion of a number of international forums into the lists for more intensive consultation, such as the International Monetary Fund, the International Civil Aviation Organisation, and a range of regional banks. Andriy Aтвrusevych, EPL’s International Affairs Officer, was member of the ECO-Forum delegation.

Documents of the first meeting of the Task Force (English only) are available at http://www.unece.org/env/pp/ppif.htm

October 27, 2005
Implementation of access to environmental information.

The Lviv Commercial Court made a decision after three court hearings. The decision was make in favour of EPL and against Yavoriv sanitary-epidemiological station.
The court satisfied plaintiff’s claims in the case on access to information. The court obliged defendant to provide EPL with required information by November 13, 2005 and reimburse claim costs in favour of EPL.

October 26, 2005
EPL and National Ecological Center signed cooperation agreement aimed at protection of envrionemnt of Ukraine.

October 20, 2005
Court hearing initiated by “Energoatom” postponed

Lenin rayon court of Mykolaiv city postponed court hearing of the case: NNEGC “Energoatom” v. environmental activist and newspaper “Vechirniy Mykolaiv”. The reason for postponing was the motion of newspaper editorial office stipulated by the absence of lawyer which will represent interests of the newspaper in court.

EPL lawyer prepared and filed to court statement of defense (ukrainian, zip file 53Kb) grounding impermissibility of limitation of freedom of speech, ideas, thoughts, information of citizens in favor of protection of reputation of a company.

Next hearing is scheduled at November, 14 2005.

October 5, 2005
The Ministry of Environment of Ukraine started the process of ecological expertise of building project of gas pipeline Yalta-Foros-Sevastopol. EIA documentation of gas pipeline is available in Russian, so please check the Ukrainian or Russian version of news on our web page

July 12, 2005
Ukraine make obstacles to enquiry procedure under Espo Convention
Inquiry Commission, established under Appendix IV to the Convention on the initiative of Romania to determine whether construction of canal in Danube Delta is likely to have a significant adverse transboundary impact met on 26 January and 24 February 2005. It was expected to make a field visit on 10-16 April, then to meet and decide on its final opinion on 13 May 2005. So far this programme has had to be postponed, however, due to the lack of support by the Ukrainian authorities.

July 12, 2005
Ramsar Secretariat follows the process of Ukrainian canal construction
Expert of Ramsar Secretariat, Tobias Salathe, prepared update on recent developments in Danube delta.
He mentioned main facts about phase I of canal construction and gave his impressions on the context of the international seminar on the monitoring of the environmental impacts of Phase I, held in Odessa in April. As is mentioned in report: “Many of the reports (during seminar) presented the monitoring approach and methodology, but still very few detailed results. No detailed results on monitoring of fish populations and fisheries were presented yet”. Along this, the Ramsar Convention representative deplored the absence of biodiversity information, notably on indicator species and habitats.
In report he mentioned about the letter sent by the Secretary General of the Ramsar Convention to the Ukrainian President on May 3, 2004 expressing concerns for canal construction in Danube Delta.
He concluded that the environmental impacts of navigation through the Danube Delta need to be addressed in cooperation with all parties involved and Ukraine need to present all the relevant information on phases I and II, including EIA study.

July 12, 2005
UNESCO did not approve withdrawal of Bystre arm from core zone
We were informed, that the MAB International Coordinating Council, during its 18th session at the UNESCO headquarters in Paris on 25-29 October 2004, formally replied to the unilateral change of the zonation of the Danube Biosphere Reserve proposed by Ukraine, and requested Ukraine to provide the official version of the zonation, together with the results of the Environmental Impact Assessment of Phase II of the project. In its report MAB Bureau expressed its concern on the way in which this zonantion had been revised unilaterally and in particular without fully respecting the role of DBR, as a platform for dialogue with MAB National committee and local population.

July 12, 2005
Bern Convention criticizes action of Ukraine
Standing committee of Bern convention stated the modification of limits of protected areas to accommodate development projects should in general be avoided, as it weakens any system of protected areas in connection to the change of limits of core zone of Danube biosphere reserve to allow navigation in Bystre arm.
It asked Ukraine to suspend works on phase II until EIA for phase II is undertaken to international standards, until public consultations on the EIA for phase II takes place and proposals are duly considered.

May 31, 2005
PRESS-RELEASE

For immediate distribution

Danube-Black Sea canal: first international sanctions against Ukraine

Over 30 European countries held Ukraine responsible for violations of its international obligations because of the construction of the Danube – Black Sea canal.

The second meeting of the Parties to the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters – the Aarhus Convention took place in Almaty (Kazakhstan) on 25-27 May 2005. The Aarhus Convention grants the public rights and imposes on Parties and public authorities obligations regarding access to information and public participation and access to justice.

Over 30 countries-parties to the Convention took a decision on political sanctions against Ukraine because of violation of main requirements of the Convention during the construction of the Danube-Black Sea canal. This decision was preceded by a legal determination of the actions by Ukrainian government by the Compliance Committee of the Convention (which is empowered to consider complaints against countries).

Upon consideration of a complaint from an environmental law organization EPL (EPL) the Compliance Committee of the Convention held Ukraine responsible for the viotlation of its obligations to ensure transparency of the construction, including ignoring public opinion and basic rights to information and participation.

Sanctions adopted include an obligation to submit a strategy, not later than end of 2005, including a time schedule for transposing the Convention’s provisions into national law and developing practical mechanisms for its implementation.

For more information contact:

EPL (EPL) tel: +380 322 722746, epac (a) mail.lviv.ua

June, 3, 2005
Seminar “Some aspects of the environmental legislation of Ukraine and its adaptation to the standards of the European Union” will be held on June 3, 2005 at the library of the Charitable Foundation “EPL” and dedicated to the International Day of Protection of Nature. Presner B.M., a head of the Lviv State Department of Ecology and Natural Resources, will tell about main ecological problems in Lviv region and methods of their decision. Melen Olga, a lawyer of EPL, will inform on green planting management in cities and other settlements of Ukraine. Andrusevych Natalya, an international affairs officer of EPL, will report on the process of adaptation of the environmental legislation of Ukraine to the European Union. Khalayim P.Z., the first deputy of a head of presidium of Oblast Council of the Society for Protection of Nature, will tell about the International Day of Protection of Nature and public participation in the process of solving of ecological issues.
Participation in the seminar is free and welcomed. Location: Lviv, Kryshelnytskoi str. 2, Contact tel: 722746.

April, 25, 2005
Danube-Black Sea canal: the courts continue to surprise

On April 19, 2005 the Supreme Commercial Court of Ukraine has considered the cassation submitted by EPL. The cassation appeals decisions of commercial courts of the first and appelate instances on the conclusion of the environmental expertiza №191 of 19.04.2004 on the 1st phase of the Danube-Black Sea canal construction.

The Supreme Commercial Court of Ukraine took very unexpected decision – to stop the proceedings on this case, as it considers this category of cases not under commercial courts jurisdiction, but under the jurisdiction of general courts.

We are planning to appeal this decision to the Supreme Court of Ukraine.

April, 19, 2005
The Supreme Commercial Court of Ukraine started proceedings on Ecopravo – Lviv’s cassation on decision of the Kiev Appeal Commercial Court on dismissing the EPL appeal. The case deals with challenging of conclusion of the environmental expertiza №191 on the I-st phase of the Danube-Black Sea canal construction by Ecopravo – Lviv and refusal to provide EPL with EIA documentation.
All previous decisions on the case were made under the rule of the ex-president Kuchma L. and when late ex-minister of transport Kyrpa G. was in power.
Hearing of the case is scheduled on April 19, 2005. Now the decision on the case will be made by a new democratic court.

March, 18, 2005
Ukraine was found in violation of Aarhus convention

The Aarhus Convention Compliance Committee found Ukraine in violation of its obligations under the Aarhus Convention during the construction of the Danube – Black Sea canal.

On May 5, 2004, EPL (EPL) submitted a communication to the Committee alleging non-compliance by Ukraine with its obligations under Aarhus Convention. The communication concerned a proposal to construct a navigation canal in the Danube Delta passing through an internationally recognized wetlands area.

On February 18, 2005, the Committee found that by failing to provide for public participation required by article 6 of the Aarhus Convention, Ukraine was not in compliance with article 6. The Committee also found that by failing to ensure that information was provided by the responsible public authorities upon request, Ukraine was not in compliance with article 4 of the Convention.

In addition, the Committee found that lack of clarity with regard to public participation requirements in environmental impact assessment and environmental decision-making procedure on projects indicate the absence of a clear, transparent and consistent framework for implementation of the Convention and constitute non-compliance with general obligation provided by article 3 of the Convention.

The Committee adopted several recommendations. These recommendations request Ukraine to bring its legislation and practice into compliance with the provisions of the Convention. In addition, Ukraine is requested to submit a strategy (including time-schedule) for transposing the Convention's provisions into the national law and developing practical mechanisms and implementing legislation that sets out clear procedures for implementation of various requirements under the Convention. The recommendations will be considered by the Meeting of the Parties to the Convention in Almaty (Kazakhstan) in May, 2005.

January, 10, 2005
Canal Danube – Black Sea: consideration of an appeal regarding the conclusion of environmental expertiza №191

On December 22, 2004 EPL’s appeal on the decision of the Kiev Commercial Court of October 20, 2004 was considered. The case is on EPL suit challenging the conclusion of environmental expertiza №191 of the canal Danube – Black Sea construction project through Bystre mouth, I-st phase.
To remind you, the court of the first instance did not satisfy the claims of EPL to invalidate the conclusion of the environmental expertiza №191 on the I-st phase of the Danube-Black Sea canal construction and refused to provide EIA documentation (Environmental Impact Assessment) in the package of the canal construction working documentation.
The Kiev Appeal Commercial Court took the same position and decided to reject our appeal.
It seems like the Appeal Court agreed both with the decision of the local court and the arguments of the Ministry of Environment of Ukraine (the Ministry) on the fact that failure to provide the EIA documentation by the Ministry is not the violation of our right on information. Although the court did not take into consideration and the Ministry concealed the fact that Gryshchenko A., the Deputy Minister, had already provided the EIA documentation of the canal construction project for the complete developed (II-nd phase) to the Aarhus Center for Information and Trainings for consideration and comments by the general public. It is probably for the first time the public has gained the access to the environmental impact assessment documentation.
Thus, the Ministry started to fulfill its obligations under the Aarhus convention and national legislation on public access to information and public participation in the state environmental expertiza process, what it has being rejecting at court for a long time.
EPL is planning to appeal the Appeal Court decision.