The Ministry of Energy of Ukraine has published a draft law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Implementation of European Union Legislation in the Field of Renewable Energy Sources.”
The document is available at: https://mev.gov.ua/rehulyatornyy-akt/povidomlennya-pro-oprylyudnennya-proyektu-zakonu-ukrayiny-pro-vnesennya-zmin-do-9
The development of renewable energy is the right path for Ukraine, and we support this course. However, the draft law that is supposed to ensure this contains serious contradictions, as they may not only open the door to abuse but also threaten the environment. Therefore, we cannot remain on the sidelines and are submitting our comments.
Our document: read here.
Why is this important? Ukraine wants to become part of the EU, but it must do so in a qualitative manner — respecting citizens’ rights and environmental guarantees.
Main problems:
It provides for the exemption of some RES projects from mandatory assessment, which contradicts the Law of Ukraine “On Environmental Impact Assessment” and Directive 2011/92/EU.
The draft law introduces the concept of “overriding public interest” and the corresponding legal norm, which stipulates that activities subject to EIA that will have a significant impact on the environment that cannot be prevented or minimized will be considered permissible if “compensatory measures” are provided for.
Contradicts the Constitution of Ukraine, as it allows potentially harmful activities to be carried out in circumvention of reasonable prohibitions, violating citizens’ right to a safe environment;
Violates the logic and purpose of environmental impact assessment, which is designed to prevent harm, not to legitimize it under the condition of “compensatory measures”;
It does not comply with international obligations regarding participation in decision-making on specific activities in accordance with the Aarhus Convention.
We emphasize that the development of renewable energy must be environmentally responsible. The law should not create new grounds for deviating from the environmental impact assessment procedure without justified reasons.