On the 24th of March 2009 the Roundtable “Priorities of environmental protection, environmental policy integration and sustainable development in new Ukraine-EU agreement” took place in Kiev. The event was carried out under the auspice of the Civil Society Expert Council within Ukrainian part of the Ukraine-EU Cooperation Committee. It was co-organized by National Environmental NGO Network “MAMA-86” and RAC “Society and Environment”.

The participants of the Roundtable gathered to exchange their views regarding the status of environmental and sustainable development issues in new Ukraine-EU Practical instrument and new Ukraine-EU agreement. The Summary Conclusions reflects basic positions expressed in presentations and debates.

Summary Conclusions of the Roundtable “Priorities of environmental protection, environmental policy integration and sustainable development in new Ukraine-EU agreement”

1. Currently, the development of European integration processes is coming on an important stage for Ukraine. The following processes are going on simultaneously: the elaboration of new Practical instrument, which will replace Ukraine-EU Action Plan; the negotiations concerning a conclusion of the Association Agreement between Ukraine and the EU; the EU Eastern Partnership establishment. In this context, it is important to secure a proper priority of environmental protection and sustainable development matters both in concrete documents and European integration process of Ukraine in general.

2. Ukrainian legislation adaptation to the European Union legislation is an important pillar of the European integration process. The role of this component will be reinforced after the adoption of new Practical instrument and Association Agreement. The activity on adaptation of Ukrainian environmental protection legislation was intensified in 2008, but it is still being carried out with complications.

3. At the same time, the pillar of environmental protection, environmental policy integration into sectoral policy and sustainable development in the Ukraine-EU Action Plan is not fully accomplished. It is testified by a number of observations. According to preliminary conclusions of Public Assessment of the Ukraine-EU Action Plan’s environmental pillar implementation, which was held in the framework of the “Assessment of ENP Action Plans in Azerbaijan, Armenia, Georgia, Moldova and Ukraine’’ Project (2008-2009), an average progress index of assessed actions is 42.8 %. According the Razumkov Centre expert’s assessment, 46% of activities in environmental protection sphere were achieved in 2007. Hence we have to infer that the significance of these matters lacks attention as well as the necessity to prioritise the environment lacks political will of the parties.

4. There is a need for Ukraine to take into consideration the importance of a multilateral cooperation and participation in multilateral environmental agreements for harmonic development of the collaboration with the EU. It is well-known that the UN ECE (United Nations Economic Commission for Europe) “Environment for Europe” process has influenced prominently the environmental policy reform in Ukraine. However, inert participation of Ukraine in the UN CSD (United Nations Commission on Sustainable Development) and Marrakesh process weakens overall Ukrainian capacity to implement modern European instruments of the environmental policy.

5. At present Eastern partnership doesn’t set up clear framework for environmental protection problems solution and environmental cooperation. These new frames of the EU policy in East of Europe provide certain opportunities for strengthening of environmental pillar in Ukraine – EU partnership under the condition of committed international group creation within this partnership. Environmental NGOs expect to extend public participation in European integration processes by active public involvement to Civil Society Forum of Eastern Partnership.

6. Meanwhile, mechanisms of information provision and public involvement into the collaboration process between Ukraine and the EU in the field of environmental protection and sustainable development are not transparent enough, though number of positive actions for the improvement of this situation can be mentioned ( recent establishment of the Civil Society Expert Council within Ukrainian part of the Ukraine-EU Cooperation Committee, public involvement by the European Commission into preparation of report on European Neighborhood Policy implementation in Ukraine, plans on public involvement into a mid-term review of the Strategic document and National indicative programme.)

Recommendations:

1. On the current stage of cooperation between Ukraine and EU, a special attention should be paid to enhancement of environmental priorities, environmental policy integration, sustainable development and strategic planning; to due incorporation of these matters into the new Practical instrument and the new Association Agreement with corresponding programs and finance support¹.

2. Ukraine should intensify its participation in the reformed ‘’Environment for Europe’’ process, in the United Nations Commission on Sustainable Development and in the Marrakesh process. Not only ratification, but also implementation of multilateral environmental agreements should be provided an appropriate level of priority and organizational support.

3. Reforming Ukrainian energy sector for its closer approximation to rules and requirements of the EU Energy Policy in terms of energy efficiency and development of renewable energy - as a way for reduction of adverse environmental impacts and transition to sustainable development.

4. Development and implementation of the National Environmental Policy Strategy and the National Action Plan, establishment of an institutional mechanism for development and implementation of the Sustainable Development Strategy and the 10-years Framework Policy for Sustainable Consumption and Production (SCP) should be in the focus of key cooperation actions. Development of the Sustainable Development Strategy and 10-years SCP Framework Policy should be supported by a due process of stakeholders' consultations. Such a process might be conducted only through an appropriate institutional mechanism, e.g. by establishment of the Sustainable Development Commission under the Cabinet of Ministers of Ukraine.

5. The multilateral component of Eastern partnership may promote strengthening of environment protection, environmental policy integration and sustainable development, in particular, in adaptation of environmental laws and regulations of partner countries to Acquis communautaire1 and establishment of efficient mechanisms for implementation of relevant EU legislation and joint activities associated with implementation of global environmental conventions, including conventions on climate change matters, regional environmental conventions of UN ECE and protocols to them.

6. It would be appropriate to organize activities of the Eastern Partnership (EP) through issue working groups, in particular, it would be appropriate to establish a mixed international Task Force on environment and sustainable development with participation of civil society organizations (CSOs), EU institutions, governmental entities of partner countries and businesses, with the purpose to exchange experience of approximation to EU policies and legislation between the new members of EU and EP member-countries, and to extend participation of CSOs in European integration processes.

7. It is necessary to improve public information on development of the component of environmental protection, environmental policy integration, sustainable development and strategic planning in new documents on cooperation between Ukraine and the European Union.

8. It is necessary to ensure more active involvement of the Ukrainian civil society to the negotiations process and to medium-term and subsequent assessments of implementation of agreements and action plans of collaboration between Ukraine and the EU.

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1 Preliminary estimates in results of the Second Environmental Performance Review of Ukraine (UN-ECE, 2007), suggest that costs of adaptation and introduction of the environmental chapter of Acquis communautaire in accordance with the Copenhagen criteria will reach about US$1 billion.