Strasbourg, 9 October 2009 T-PVS/Files (2009) 3
[files03e_2009.doc]
CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE
AND NATURAL HABITATS
Standing Committee
29th meeting
Bern, 23-26 November 2009
__________
File open
Implementation of Recommendation No. 111 (2004) for the Ukrainian Danube-Black Sea Navigation Route Restoration Project
Document prepared by:
The Ukrainian Government
Informations received in October 2009
Unofficial translation
Report of the Ukrainian Party
on the Implementation of the Recommendations No. 111 (2004) for the Ukrainian Project on Renovation of the Danube-Black Sea Deepwater Navigation Route
Paragraph 1.
To implement the Decision of the Fourth Meeting of the Parties to the Convention on the Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and Recommendations 111 (2004) of the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) the Ukrainian Party took the following steps during the period from May 2009 until July 2009:
On 11 August 2008 Final Decision on the implementation of the Second Phase of the Ukrainian Project on Renovation of the Danube-Black Sea Deepwater Navigation Route (hereinafter referred to as ‘the Project’) were recalled from the Espoo Convention Secretariat;
On 15 – 16 October 2008 in Kyiv the consultations between the Ukrainian and the Romanian experts took place. The result of it was the preparation of draft timetable on the implementation of Espoo Convention procedures. It sets a timetable for preparation of the Assessment of likely transboundary environmental impacts (EIA) and sending it to the Romanian Party, public hearings, consultations, and preparation of final Decision taking into account all observations and comments of public organizations and the Romanian Party, etc. All the discrepancies on timetable for implementations of the Espoo Convention procedures were fixed;
· After recall of Final Decision, the Ukrainian Party started the implementation of the Espoo Convention procedures envisaged in Articles 2-7. On 29 August 2008 the Ministry of Environmental Protection of Ukraine sent the Notification on the planned implementation of the Second Phase of the Project;
· In 2008 the Ukrainian Party prepared the EIA for the Danube-Black Sea Deepwater Navigation Route (DBSDNR). To learn more follow the link: http://www.delta-pilot.ua/index.php?mode=danube_docs&id=585;
· On 15 January 2009 the EIA materials were sent to the Romanian Party;
· On 9 June 2009 public hearings on Articles 3.8 and 4.2 of the Espoo Convention on the implementation of the Second Phase of the Project were held in Tulcea (Romania). During the hearings the Ukrainian experts answered all the questions of representatives of the Romanian governing bodies, NGOs, general public and mass media on the assessment of the transboundary impact on the environment of the Second Phase of the Ukrainian part of the DBSNR.
· On 15 – 16 June 2009 consultations on the Second Phase of the Project between the Ukrainian and the Romanian experts took place. The hearings were held following Article 5 of the Espoo Convention. As a result the agreement on crucial issues was achieved and protocol was signed.
Thus, the Ukrainian Party has confirmed its openness and systematic approach, willingness to the dialog and fruitful co-operation with the Romanian Party in the field of the environmental protection, executing the Decision of the Espoo Convention and Recommendations of the Bern Convention during the implementation of the Project.
In 2008 works on complex ecological monitoring of Ukrainian DBSNR renovation and exploitation were continued.
According to the approved Program of monitoring the following researches were made:
Ø Hydrological and hydrochemical monitoring on the Ukrainian part of the Danube Delta.
Ø Complex investigation expeditions of freshwater ecosystems of the Ukrainian Part of the Danube Delta and neighboring part of the Black Sea.
Ø Ichthyologic monitoring, data collection to assess negative impact on fish resources during renovation works and to estimate compensating payment.
Ø Data collection to estimate water pollution compensating payment charge during dredging works.
Ø Investigation of terrestrial and coastal ecosystems on the territory of the Danube Biosphere Reserve in the affected area.
Ø Analysis of ecological processes in the Danube Delta and coastal area using means of remote monitoring.
Works also include measures of implementation of scientific conclusions and recommendations of the Inquiry Commission of the Espoo Convention of the United Nations Economic Commission for Europe (UNECE).
Recommendations on the results of monitoring
Ø To continue in 2009 the implementation of the Complex Monitoring Program in all directions paying special attention to the problems identified in the conclusions of the Inquiry Commission as likely transboundary impacts.
Ø Taking into account the fact that monitoring is held in transboundary area to consider the European principles and approaches of monitoring identified in Directive 2000/60 /EC (Water Framework Directive) such as implementation of the methodology of biological assessment of ecological state of hydro-ecosystems.
Ø To continue works on epizootic monitoring of the Ukrainian part of the Danube waters.
Ø The lessons learned during organization and conducting of works within the Project highlights two main problems: ecological and engineering. Ecological problem is transboundary impact assessment of hydro-technical works and exploitation of theDBSNR on the state of terrestrial and aquatic ecosystems; engineering problem is canal silting in its sea part.
Ø Impartial assessment of transboundary impact of hydro-technical works and exploitation of the Navigation Route on the Danube Delta environment can be received on the basis of analysis of previous years’ observations and results of present monitoring. Workshops, consultations and joint Ukrainian-Romanian researches should be undertaken in order to receive coherent assessment of transboundary impact on the environment.
Ø Silting problem has an exceptional value in management of construction works and exploitation of the Navigation Route, especially for navigation safety. Solution of this problem is only possible if special long-term hydrological and morphological researches that go beyond complex ecological monitoring of the Danube Delta are carried out.
Ø In connection with forming of high quantity indexes of plankton growth in pelagic zone determination of biomass of common nutrient plankton must be carried out with averaging of data of all background monitoring stations outside of the affected area.
Ø To plan additional monitoring control (at least at three stations) of the present situation in dumping zone including state of mayo- and macro-zoobenthos.
Ø Common recommendations on technological works optimization and reduce of the environmental losses (f.e. at the Danube Biosphere Reserve (DBR) territory) during restoration and exploitation of the Ukrainian DBSNR and ways of its compensation:
· carrying out of shore protection works at the near-bed areas of islands along the Danube – Black Sea Canal through trees planting (poplars, white willows, etc.)
· carrying out of additional investigations of possible negative consequences of banking for the protected ecosystems of Stambulskiy Island and its coastal area;
· control of state and dissemination of adventitious flora and implementation of measures to restrict the dissemination of dangerous plants at new areas;
· through the threat to arena and marsh communities of narrow ecological range listed in the Green Book of Ukraine and reduction of areas with forested floodplains and arena-shrub communities an enlargement of protected areas where the abovementioned communities remain in their proper level of functioning is required;
· to partly indemnify losses of actic (rubbing-accumulative) and coastal-bed (fens) ecosystems of Bystre mouth and its estuary and ecosystems of river-bed bars and coastal banked earth it is require to create protection zones at sea coastal areas of the North part of the DBR;
· to prevent progradation of coasts and minimization of wave propagation effects on river-bed ecosystems including amphibian and reptiles while ships passing the Bystre mouth it is recommended to avoid much wave generation, especially from small pilot boats. For amphibian it is especially important during the spring reproductive period from the mid March till the end of June;
· carrying out of inventories of mammals of the DBR will allow identifying the directions of rare species conservation and later can become a background for development of the conservation action plan;
· re-naturalisation of the Yermakov Island and its restoration as natural river-bed island with unbanked hydrological regime could become the most effective measure to balance negative impact of the Ukrainian DBSNR restoration on the fauna of the DBR, such as ichthyofauna, amphibian, reptiles, avifauna;
· the Memorandum on Unbanking of the Island between the World Wildlife Fund (WWF), Kiliya Regional State Administration, the DBR and “The Yermak” Company became an important decision for ecological reconstruction of this island. The project works were finished till the end of January. First stage of works will be financed by the WWF, but further costs could be received from compensational charges to the DBR from construction and exploitation of the Navigation Route.
· taking into account height dynamic of birds, their considerable daily, seasonal and annual migrations and their ability to create colonies at new congenial places to recommend to carry out the complex of restoration works in degraded Stentsovsko-Zhebriyanski overflow lands. As the first step three main channels such as Murza, Laptysh and Chatal mouths must be cleared;
· the most appropriate balance measure in the coastal part is clearance of the Vostochne (Eastern) – Anankin Kut channel and Rybachiy Zholobok mouth to conserve the whole ecosystem of this the most closed part of the Ukrainian delta. The lifted areas that appear after dredging in conditions of homogenous delta are extremely important for such mammal species as otter, murshotter, muskrat, ermine;
· taking into account, that the majority of all adventitious species in Ukraine are reveled at the DBR (f.e. 60% of new adventitious species during last 20 years) it is worth creating here a regional center for adventitious species monitoring;
· it is necessary to develop and approve the DBR Ecosystems Loss Compensation Programme for five years with further purpose funding from ecological funds of regional and state levels within the implementation of the state monitoring of the Ukrainian DBSNR renovation. Specialists from the DBR recommended that restoration works at Yermakov Island and clearance of the Vostochne (Eastern) – Anankin Kut and Rybachiy Zholobok channels should be completed as the first steps within this Programme.
Ø To minimize negative influence of works on ichtyofauna it is advisable to reduce amounts of dredging during the state prohibition of fishery to that required for navigation.
To prevent negative influence of construction works and exploitation of the Navigation Route on spawner herring migration it is essential:
· to restrict volumes of works during spawning (April - May) and to forbidden works during the days of intensive migration of herring.
· to restrict volumes of dredging works on the pear period of downstream migration. On revealing the beginning of downstream migration it is necessary to suspend all the works until the end of the maximum of migration.
Ø The main funds for compensation of negative influence on ichtyofauna should be spent on the purchasing of mini-plant that will specialize in sturgeon rearing. The same plants are already built in neighboring countries – Romania and Bulgaria. The experience of its exploitation proved the appropriateness and economic effectiveness for restoration of rare species populations.
Paragraph 2.
In 2008 the Ukrainian Party conducted EIA of the DBSNR. The electronic EIA version in English could be seen at: http://www.delta-pilot.ua/index.php?mode=danube_docs&id=585
On 28-30 July 2008 the Ukrainian Party organized the meeting of the delegates from international nature conservation Conventions and organisations such as the Council of Europe, the Espoo Convention, the Ramsar Convention, UNESCO and the European Commission.
During meetings at the Executive bodies of Ukraine and visit to the Vilkovo town, Odessa Region where the Project site is situated the participants were informed about the state of implementation of international obligations and respective Decisions of Conventions on the DBSNR renovation. Besides this, the experts were acquainted with the results of monitoring of the Navigation Route in the Ukrainian Part of the Danube Delta.
International experts were also informed about steps undertaken by Ukraine to create the Joint International System of Monitoring of the Danube Delta, it was noted that proposals on development of such system had been passed to the Romanian party. At the same time the need for funding of such works not only by the Ukrainian and Romanian Parties, but also by international organizations and funds were noted.
During the Ukrainian-Romanian experts consultations (15-16 October 2008) on development of the timetable on the implementation of the Espoo Convention procedures the issue of joint environmental monitoring of the whole Danube Delta were raised. The Romanian Party reported that due to considerable amount of financing required for the works it was studying possible ways to solve the issue.
Paragraph 3.
In the context of Paragraph 3 of the Recommendations 111 (2004) the Ministry of Environmental Protection of Ukraine informs about the following:
According to the Principle 16 of the Rio-de-Janeiro Declaration on the Environment and Development adopted on 14 June 1992 the National Governments should endeavor to ensure the internationalization of ecological charges and use of economical funds taking into account the ‘pollutant pays’ approach, within appropriate way taking into account social interests and not violating international trade and investments. Ukraine not only supported the Declaration, but became a Party of some conventions adopted within the Declaration, among them the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention).
Ukraine acknowledges the priority of the International Low over the National Law. According to Point 2 of Article 19 of the Law of Ukraine On International Agreements of Ukraine in case of International Agreement that entered into force in prescribed order determines other rules than envisaged by the respective legislative act of Ukraine, the rules of International Agreement must be used.
To settle the issues of bilateral cooperation such as transboundary context of the impact on environment, the Draft Agreement on Cooperation in Field of Environment Conservation (further – the Draft Agreement) between the Cabinet of Ministers of Ukraine and Romanian Government has been worked at since 2003.
According to the results of bilateral consultations and discussion on the Draft Agreement (29 February 2008, Kyiv) during the year 2008 the Parties carried out the internal approval procedures of the Draft Agreement.
On 16 February 2009 the Ukrainian Party sent to the Romanian Party a completed Draft Agreement in which the proposals from the Ukrainian Ministries and Departments were taken into account. There was no answer from the Romanian Party until 1 August 2009.
All the required measures on ecological compensation and reduction of negative impact on environment including conclusions of ecological monitoring became a part of the project “Creation of the Ukrainian DBSNR. The full development”.
Besides this, measures of environmental compensation based on the results of complex monitoring were developed, water pollution charges and fish resources loss compensation charges were determined.
The project of organization of the DBR territory was developed by the Ukrainian Scientific-Research Institute of Ecological Problems of the Ministry of Environmental Protection of Ukraine in 2004. This project was adopted as a whole during the meeting of the Board of the State Agency of Protected Areas (12 August 2004).
The Decree of the Minister of Environmental Protection of Ukraine No. 538 from 22 October 2008 "On approval of the Statute of the Danube Biosphere Reserve" and the Law of Ukraine "On the Protected Areas of Ukraine" determine the differential protection regime, restoration and use of natural complexes according to functional zoning the main components of which are described in this Statute too.
Paragraph 4.
In order to create favourable climate that would facilitate and encourage the sustainable development of the Danube Region, efficient and sustainable management of its natural resource and economic potential, improvement of living standards for local population, and implementation of measures designed to address the socio-economic and environmental issues existing in the region, the 2004-2010 Integrated Regional Development Programme for the Ukrainian Danube Region was developed back in 2003-2004. This Programme was approved and brought into effect by the Resolution of the Cabinet of Ministers of Ukraine dated 31 March 2004 (No. 428).
Key priorities and tasks identified in the Programme (taking into account the provisions of the Seville Strategy for Biosphere Reserves) are the following:
- Conservation, sustainable management and restoration of natural resources;
- Improving the status of the Danube Region in developing the International Transport Corridor 7, overcoming the region’s isolation from existing transport and communication infrastructure;
- Improving the employment situation for local population;
- Ensuring the stable energy and water supply;
- Meeting cultural demands of ethnic minorities living in the region;
- Improving the environmental situation and environmental safety in the region;
- Development of essential service infrastructure, navigation and transport sector, industrial and agricultural production sectors, tourism and recreation;
- Restoring the nature reserve network;
- Ensuring protection against consequences of emergency situations of both natural and technogenic origin.
Ukraine has put forward the official and formal proposal to establish a bilateral Romanian-Ukrainian working group to elaborate unified standards for the environmental monitoring in the Lower Danube Delta in order to assess impacts of human activities on the natural ecosystems.
Paragraph 5.
In order to provide an adequate legal framework for the operation of the DNR in the Ukrainian part of the Danube Delta, relevant amendments were incorporated in the Decree of President of Ukraine of 10.08.1998 No. 861/98 “On the Establishment of the Danube Biosphere Reserve”, and new Presidential Decree No. 117/2004 “On the Expansion of the Danube Biosphere Reserve” was adopted on 02.02.2004.
Thus, according to the Decrees of the Government of Ukraine the DBSNR doesn’t pass by the territories of strong protection with due account of proposals of the UNESCO experts and regulations of Article 7 of the Water Code of Ukraine.
The Ministry of Environmental Protection of Ukraine received the e-copy of scientific conclusions of the Ukrainian Scientific-Research Institute of Ecological Problems referring to the Romanian party notification about the project “Technical support to improvement of conditions for navigation in common Romanian – Bulgarian part of the Danube River and additional researches” and technical documentation.
During processing of materials sent by the Romanian Party it was determined that planned activity can cause a great adverse environment impact for Ukraine. Among the main factors of impact are:
Ø Construction of hydrotechnical facilities will cause changes in silt transportation (silting of shallow waters at the Part I is expected within several years). This will affect the dynamic of extension of sea delta and creation of spits that will negatively impact the biota of reserve.
Ø The withdrawal of 200000 cubic meters of firm soil from a short part of the Tulchea arm can cause the increase of water charges here and corresponding decrease of water charges in the Kiliya arm that will affect the water regime of sea part of the Kiliya arm.
Ø The main migratory fish species will be affected at the areas of construction first of all because of raised turbidity of water, mechanical influence and loss of habitats. Ukraine will have the same losses from these impacts as Romania and Bulgaria will.
The abovementioned scientific materials were approved by the Ecological Expert Department of the Ministry of Environmental Protection of Ukraine and in February 2009 the Espoo Convention Coordinator was recommended to send them to the Ministry of External Affairs to pass them to the Romanian Party.
Paragraph 6.
In the context of this Point of the Recommendations 111 (2004) the Ministry of Environmental Protection of Ukraine informs about the following:
Agreement for the Creation and Management of a Cross-Border Protected Area between Moldova, Romania and Ukraine in the Danube Delta and Lower Prut Basin was signed by Ukraine on 5 June 2000 and entered into force on 4 October 2006.
Paragraph 7.
As noted previously, the Ukrainian Party organized and convened numerous international and national events with the involvement and participation of the national and local authorities, local communities, non-governmental organizations and scientists (16-20.10.2003 in Odessa, 27-28 April 2005 in Odessa, 26-28 February – 1 March 2006 in Odessa, etc.).
The Ukrainian Party actively contributed to the activities of the Inquiry Commission set up under the Espoo Convention in 2005-2006, and participated in the meeting of the Espoo Convention Implementation Committee held on 26-28 June, 2007 and took part in further meetings of the Committee during 2008-2009.
Paragraph 8.
According to the results of joint meeting with participation of OSCE representative that took place at the Ministry of Environmental Protection of Ukraine on 9 July 2008 “Preparation and publication of the results of the Danube Delta monitoring and proposals on its development” was determined as one of the priority directions of collaboration between the Ministry and OSCE.
During the meeting with experts of international environmental conventions (30 July 2008, Vilkovo town, Odessa Region, Ukraine) representatives of the Ukrainian Scientific-Research Institute of Ecological Problems of the Ministry of Environmental Protection of Ukraine informed about complex ecological monitoring of the Ukrainian part of the Danube Delta, including during restoration and exploitation of the Ukrainian DBSNR. Experts of international environmental conventions studied the results of the Ukrainian DBSNR monitoring for previous years.
Scientists drew attention of the experts to the need of bilateral information exchange between Ukraine and Romania on ecological state of the Danube Delta and agricultural impact of both countries and consideration of transboundary influence of all the Danube countries on the Danube Delta area.
International experts were informed on steps undertaken by Ukraine on creation of the Joint International System of Monitoring of the Danube Delta and noted that proposals on the creation of this system had been passed to the Romanian Party. At the same time the need of funding such works not only by the Ukrainian and Romanian Parties, but also by international organizations and funds was noted.
It was explained to the experts that project organizations and organizations which deal with renovation and exploitation of the Navigation Route receive practical recommendations on minimization of possible adverse impact of this activity according to the results of monitoring.
It is worth noting that during the Ukrainian-Romanian experts consultations (15-16 October 2008) on development of the timetable on the implementation of the Espoo Convention procedures the matter of joint environmental monitoring of the whole Danube Delta was addressed. The Romanian Party reported that due to considerable amount of funds required for the works it is searching for opportunities to solve the issue.
Besides this, in March 2009 the Ministry of Environmental Protection of Ukraine addressed the Executive Secretary of the International Commission on the Protection of the Danube River (ICPDR) to further and be a member of the Ukrainian-Romanian scientific-research groups as a observer of bilateral monitoring of water bodies of transboundary part of the Danube Delta. This will promote the coordination of actions and attitudes during the joint monitoring of the Danube Delta.
In April 2009 Executive Secretary of the ICPDR Mr.Philip Weller expressed his interest to this issue and sent the letter of support of launching the joint Ukrainian-Romanian monitoring.
As for the moment the Parties work at the conducting consultations on the abovementioned issue planned for October 2009.
Paragraphs 9-10.
The current status of this issue is that the Ministry of Environmental Protection of Ukraine has not received any official information concerning the ratification and entry into force of this Agreement in other partner countries (Moldova and Romania). The preparation process for the Conference of the Parties to the Agreement will commence upon the finalization of all relevant technical issues relating to the Agreement.
Informations received in March 2009
I. Steps taken by Ukraine in 2008-2009 concerning the Project in the light of Recommendation #111/2004 of Bern Convention:
Following to the letter signed by Deputy Prime Minister of Ukraine dated 19th of May, 2008, presented during the 4th Meeting of Parties under Espoo Convention held in Bucharest on 19th-21st of May this year, Ukraine undertook the strong commitments to repeal the Final Decision on the Project and not to start its Phase 2 until applying fully the provisions of the relevant Environmental Conventions.
The Decision IV/2 of MoP to the Espoo Convention concerning Ukraine:
1. Issued a conditional caution to the Government of Ukraine to become effective on 30th October 2008 unless the Government of Ukraine stops the works, repeals the final decision and takes steps to comply with the relevant provisions of the Convention” (Dec. IV/2, Para. 10);
2. Asked Ukraine to report on the progress to the Implementation Committee at its fifteenth meeting (October 2008) and subsequent meetings if necessary (Dec. IV/2, Para. 9).
As a result of the Meeting of the Implementation Committee of Espoo Convention held from 28-30th October, 2008 in Geneva, having considered the Report of Ukraine (http://www.unece.org/env/eia/documents/ImplementationCommittee/Report_of_Ukraine_Danube-Black%20Sea_Oct08_main.pdf) the members of the Commission took a decision that all three conditions had been fulfilled and “the caution to the Government of Ukraine should not become effective”. Convention also decided to send the expert to undertake the independent review of Ukrainian legal, administrative and other measures to implement the provisions of the Convention (http://www.unece.org/env/documents/2008/eia/ic/ece.mp.eia.ic.2008.2.e.pdf).
Also, the Decision of the Implementation Committee of Espoo Convention taken on its fifteenth session held from 28-30th October 2008 in Geneva includes:
1. The request the Government of Ukraine to ensure that:
“(a) The steps taken to comply with the relevant provisions of the Convention cover also any further works related to Phase I of the Project, including operation and maintenance works;
(b) The EIA documentation currently under preparation for the Project addresses, inter alia: (i) possible alternatives to the whole Project discussed with the affected Party, including the no-action alternative; (ii) the combined impact of the two phases of the Project; and (iii) the mitigation measures to minimize this combined impact” (Dec. V-b, Para. 31);
2. “The request to the Government of Ukraine to report in writing to the Committee on steps taken to apply the relevant provisions of the Convention to:
(a) Any further works related to Phase I of the Project, including operation and maintenance works;
(b) Phase II of the Project” (Dec. V-b, Para. 32).
3. “The request that:
(a) the first report on these steps should be submitted to the Committee by 28 February 2009, for the Committee’s consideration at its next session in March 2009;
(b) the second report should be submitted by 31 August 2009, for the Committee’s consideration at its seventeenth session in September 2009” (Dec. V-b, Para. 33).
II. Steps taken to comply with the provisions of relevant environmental Conventions regarding the Project:
1. Repealing of the Final Decision regarding Phase II of the Project
An appropriate decision was taken on the 3rd Meeting of the Intergovernmental Coordination Council on the implementation of Espoo Convention by Ukraine which took place on 10th June, 2008 (Para. 1 of the Protocol #3 of the Meeting).
The letter on repealing of Final Decision regarding Phase II of the Project dated 11th August, 2008 (#10577/18/10-08, registered at Ministry of Environment Protection of Ukraine) was signed by Deputy Prime Minister of Ukraine, Head of the Intergovernmental Council on the implementation of Espoo Convention in Ukraine Mr. Nemyrya, Acting Minister of Environmental Protection of Ukraine Mr. Chornokur, Acting Minister of Foreign Affairs of Ukraine Mr. Gnatyshyn, Minister of Transport and Communications of Ukraine Mr. Vinskyy.
The letter on repealing of Final Decision regarding Phase II of the Project was sent to Romanian Party (Verbal Note of the Embassy of Ukraine to Romania #1538 dated 15th August, 2008), to the Secretariat of Espoo Convention (Verbal Note of the Permanent Mission of Ukraine to the United Nations Office and other International Organizations in Geneva # 263/016 dated 12th August, 2008). The information on repealing of the Final Decision was also sent to Secretariat of Bern Convention, UNECE, Ramsar Convention, UNESCO, European Commission, ICPDR etc. (e-mail posting), placed on the web-sites of Ministries engaged.
Ministry of Environmental Protection of Ukraine – http://www.menr.gov.ua/documents/povid_vidkl_rishen.rar
Ministry of Transport and Communication of Ukraine – http://www.mtu.gov.ua/control/uk/publish/article?art_id=106136&cat_id=75493
2. Notification on the proposed activity
After notifying the affected parties and the Secretariat of the Espoo Convention on a Repealing of the Final Decision regarding Phase II of the Project, in line with Recommendation #111/2004 of Bern Convention, in order to implement Article 3 of the Espoo Convention, Ukrainian Party sent a Notification on proposed activity on a Project to Romanian Party (Verbal Note of the Embassy of Ukraine to Romania #1670 dated 8th September, 2008 and #1691 dated 10th September, 2008) and to the Secretariat of the Espoo Convention (Verbal Note of the Permanent Mission of Ukraine to the United Nations Office and other International Organizations in Geneva # 290/016 dated 8th September, 2008). The information on Notification on proposed activity was also sent to Secretariat of Bern Convention, UNECE, Ramsar Convention, UNESCO, European Commission, ICPDR etc. (e-mail posting), placed on the web-sites of Ministries engaged.
Ministry of Environmental Protection of Ukraine - http://www.menr.gov.ua/documents/opovishen_fazy2_proek_vidnov.rar
Ministry of Transport and Communication of Ukraine – http://www.mtu.gov.ua/control/uk/publish/article?art_id=106133&cat_id=75493
In accordance with the provisions of Appendix to the “Format for Notification under the Convention” adopted on the first Meeting of the Parties to the Espoo Convention (Decision I/4), assuming that the Romanian Party wishes to participate in the EIA of the Project, Ukrainian Party has chosen an option to proceed with stages one and two of Notification concurrently. In this context, Ukrainian Party requested the information from Romanian Party in frames of stage two of Notification procedure and asked the Romanian Party to provide the following information in a six week period:
· Confirmation of participation to the application of the Convention (Article 3.3);
· Information from the Romanian Party in the table form “Reply to a Notification of a proposed activity under Article 3 of the Convention” (Article 3.6).
3. Meeting for the preparation of Action Plan
On the 14-15th of October, 2008 the Ukrainian-Romanian Meeting on expert level took place. The document named “Draft Time-Schedule” for further mutual implementation of the steps to be taken by both countries to comply with relevant Convention’s provisions was developed and signed.
4. On-the-spot appraisal visit led by the Council of Europe and Secretariat to the Bern Convention
On the 28-31st of July, 2008 Ukraine hosted the on-the-spot appraisal visit led by the Council of Europe and Secretariat to the Bern Convention, agreed at its 2007 Standing Committee meeting. Its objective was to assess the works, to analyze the status of project works with respect to the EIA and the proposed mitigation measures. The delegation of 7 representatives from environmental organizations (Bern Convention, Espoo Convention, Ramsar Convention, UNESCO and European Commission) and an independent expert met with relevant authorities, representatives of the scientific sphere, environmental NGOs. As an outcome of the visit it was agreed to work out the wish-list with the information requested from Ukrainian authorities concerning the Project implementation.
5. Environmental Impact Assessment (EIA) of the Project
In line with Recommendation #111/2004 of Bern Convention, in order to implement Article 4 of the Espoo Convention, Ukrainian Party sent a documentation on the Environmental Impact Assessment (EIA) of the Project to Romanian Party (Verbal Note of the Embassy of Ukraine to Romania # 96 and # 97 dated 19th January, 2009) and to the Secretariat of the Espoo Convention (Verbal Note of the Permanent Mission of Ukraine to the United Nations Office and other International Organizations in Geneva # 1/016 dated 19th January, 2009).
The information on Environmental Impact Assessment (EIA) of the Project was also placed on the web-sites of Ministries engaged.
Ministry of Environmental Protection of Ukraine - http://www.menr.gov.ua/cgi-bin/go?node=gromada
Delta Pilot State Enterprise (Ministry of Transport and Communication of Ukraine) http://delta-pilot.ua/index.php?mode=danube_docs&atach=585
The amended EIA of the Project took into account the results of the Inquiry Commission Report, especially regarding the Transboundary Impacts of the Project.
Ukrainian Party is currently waiting for the information from Romanian party concerning the
1. Reply to Notification of a proposed activity under Article 3 of the Espoo Convention in a table form (requested by Letter on 29th of August, 2008) and
2. Comments on the EIA of the Project
for the preparation of the amendments to the document, circulation of the Public Participation Scheme among the parties concerned and determination of the possible dates and modalities for the Consultations under the Article 5 of the Convention ensuring the proper process of public participation in the light of Bern Convention Recommendation #111/2004.
6. Cooperation with other relevant International Environmental Conventions and International Organizations
In framework of implementation of Aarhus Convention provisions, the Ukrainian Party undertook the following activity:
The Cabinet of Ministers of Ukraine adopted the Ruling # 1628-p “On the Approval of Action Plan on Implementation of the Decision of the Parties to Aarhus Convention #III/6f” dated December 27th, 2008:
Ø The abovementioned Ruling contains the Action Plan on implementation of the Decision of the Parties to Aarhus Convention #III/6f;
Ø This document was sent to the Secretariat of Aarhus Convention on the 30th December, 2008 # 18791/0/2-08.
7. Independent review of legal, administrative and other measures of Ukraine to implement the provisions of Espoo Convention
In conformity with the Decisions of relevant bodies of Espoo Convention, Ukrainian Party ensured the work of the consultant (Ms Elena Laevskaya, Belarus) nominated by the Committee and financed from the budget of the Convention during her visit to Ukraine from 24th January to 7th February, 2009. The results of expert’ work would be presented during the next Meeting of the Implementation Committee to the Espoo Convention to be held in Berlin from 10th to 12th March, 2009.
8. The visit to Ukraine of the Executive Secretary of the Convention Mr Wiek Schrage
The visit to Ukraine of the Executive Secretary of the Convention Mr Wiek Schrage took place from 4th to 7th February, 2009. During the visit Mr Schrage met with representatives from the line-ministries and Office to Deputy Prime Minister, members of the Intergovernmental Council on the implementation of provisions of Espoo Convention in Ukraine. As a result of the Meeting, the Road Map of the actions towards the better implementation of the decisions of the relevant bodies of the Convention was developed.
The abovementioned Road Map contains the following key elements:
· The Secretariat of Convention after the session of the Implementation Committee to be held in March, 2009 would transmit to the Ukrainian Party for the consideration the Report on the review of legal, administrative and other measures of Ukraine to implement the provisions of the Espoo Convention prepared by the independent expert;
· After the Ukrainian Party considers the report made by the expert, it has been planned the meeting with international experts in May, 2009 regarding the Strategy of Ukraine, based on the outcome of the independent review, including its time schedule and training and other actions to bring about compliance with the Convention;
· The Draft Strategy Paper should be worked out by Ukraine and transmitted for further consideration by Implementation Committee in September, 2009;
· After the reception of Final Comments from the Implementation Committee, Ukraine would produce the final version of the Strategy to be further considered and adopted by the Cabinet of Ministers of Ukraine by the end of 2009;
· Ukraine would make a request on the possibility to launch the Pilot Project under Espoo Convention, apply to neighbor countries to negotiate on appropriate Bilateral Agreements in the sphere of environment and discuss these issues during the meetings in May, 2009.
9. Bilateral agreements and other arrangements with affected parties
In conformity with Recommendation #111/2004 of Bern Convention, in accordance with Article 8 of Espoo Convention, in order to further promote the environmental cooperation in the Danube Region, the Ukrainian Party fostered the work towards signing of the Agreement between the Government of Romania and the Government of Ukraine in the field of environmental protection.
After Ukrainian-Romanian Consultations, which took place in February, 2008 in Kyiv, Ukraine, the Parties are working on the authenticity verification of the English text of the abovementioned.
The Ukrainian Party received the English version of this Draft Agreement from Romanian Party only in September, 2008 and started the procedure of authenticity verification. After going through all the formalities and confirmations with the line-Ministries, the Ukrainian Party transmitted the Proposals to the Draft Text to Romanian Party on the 16th of February, 2009.
After submission of the final Proposals by Romanian Party, which are expected to come within a month period after transmission, the Ukrainian Party will be able to put the Agreement on the agenda of the Meeting of the Cabinet of Ministers of Ukraine for further adoption.
10. Report on the steps to comply with the provisions of Espoo Convention
The report on the steps taken to comply with Convention’ provisions was submitted to the Implementation Committee of Espoo Convention on 26th February 2009, for the Committee’s consideration at its next session in March 2009.
III. Status of works and mitigation measures under the Project:
In accordance with the commitments of Ukraine not to start Phase II of the Project until applying fully provisions of relevant International Environmental Conventions, the Ukrainian Party confirms that the works on the Phase II never started and are not going to start until the appropriate procedures are being implemented.
The Ukrainian Party ensured the following measures taken under the Project:
1. List of works held under the Project
During 2008 the following works were implemented within the Project on Renovation of the Deep Water Navigable Route “Danube – Black Sea” in the Ukrainian part of the Danube delta:
Ø on the marine approach canal (entrance to the Bystroe arm) – dredging works under the Phase I of the Project (draft – 5,85 m);
Ø no works were held on the river part;
Ø no works on the preparation of disposal areas, bank protection etc. were held.
2. Organization of Complex Environmental Monitoring
During 2008 the Complex Environmental Monitoring was held under the supervision of the Ukrainian Scientific-Research Institute on the Environmental Problems of the Ministry of Environmental Protection of Ukraine.
The objectives of the complex environmental monitoring are the following:
· getting the information based on the results of environmental research in the area of the renovation of the route;
· elaborating forecasts of changes of the environmental situation under the influence of the anthropogenic factors and to make recommendation on minimization of the possible adverse impacts and mitigation measures to be taken, including the observation of the conditions and dynamics of the environmental components before the beginning of works and in the course of works on renovation of navigation and maintenance of the Deep Water Navigable Route;
· investigation of the work zone – the zone of the dredging works on the marine approach canal and construction of the dam in the bar part, the impact of these works, including the river part of the Route.
The works on the Complex Environmental Monitoring include:
1) The on-the-spot studies in the monitoring areas during the maintenance and dredging works on the marine approach canal as well as in course of continuation of the dam construction.
2) Data collection and analysis of the results of the hydrologic and hydro-chemical monitoring within the network of Stationary Centers of the Hydro-Meteorological Service in the area of the Project implementation.
3) Complex expeditionary observation of the Ukrainian part of the Danube delta and adjacent part of the Black Sea before implementation of the Phase II of the Project. Selection of hydro-biological and hydro-chemical samples on the river part area and on the bar part.
4) Ichthyologic monitoring, data collection for calculation of compensatory payments and assessment of the damages for fish resources during the renovation works.
5) Data collection for compensatory payments calculations and assessment of the damages for the water resources.
6) Observation of the ground-based and coastal ecosystems on the territory of the Danube Biosphere Reserve (DBR) in the area of impact of the renovation works.
7) Development of the proposals on the monitoring program for further stages of the Project taking into consideration the results of environmental observations and according to the renovation works progress.
8) Development of proposals on mitigation measures related to the dredging works, including the environment of the Danube Biosphere Reserve.
During the period of the dredging on the marine approach canal no violations of the Ukrainian Environmental Legislation norms were registered.
Besides, in 2008 in order to implement the Findings and Recommendations of the Espoo Convention Inquiry Commission, the following activity was carried out:
- regarding the advanced observation of the impact of the works on fish resources, with an active participation of the Odessa Center of the Scientific-Research Institute of the Marine Fishery and Oceanography (OC PivdenNiro) the additional advanced ichthyologic monitoring activity and development of recommendations on the mitigation measures for the hydro-technical works in the area of the Bystroe arm were organized. These additional investigations, mostly implemented during the spawning period and young fish downstream migration, gave an opportunity to adjust the schedule for the dredging works on the marine approach canal according to the recommendations of the Institute, to the extent of the full stop of the works during the maximum downstream migration of the herring young fishes. During the implementation of the specialized ichthyologic research in 2008, the assessment of the possible transboundary impact of the works was developed.
The Report of the OC PivdenNIRO issued in 2008 emphasizes that:
«The permanent implementation of the dredging works in the Sulin Arm, taking into consideration its high water level and more southern location in comparison with arms of the Kiliya delta arm, would have significantly larger impact on the Herring spawning run than the works held in the Bystroe arm. The implementation of the similar works in St. Georgiy arm will be more threatening for the Herring spawning migration.
If we mention the transboundary impact, the extension of the dams of the Sulin canal has been causing the adverse impact on the entering of the Herring to the Staroslambulske arm. The transboundary impacts can be objectively assessed only in the course of the joint Ukrainian-Romanian monitoring activity».
3. Elaboration of the transboundary EIA
On the implementation of the Espoo Convention provisions and taking into consideration the Recommendations of the Implementation Committee and Inquiry Commission, the following works in 2008 were implemented with the following results:
1. Research paper: “Advanced Assessment of the Deep Water Navigable Route Environmental Impact described by the Inquiry Commission as “likely significant” and the effectiveness of the prescribed by the Project and proposed by the Commission engineering measures for their mitigation using the modeling methods and results of the Complex Environmental Monitoring”.
2. Research paper: “Environment Impact Assessment (EIA) of the Deep Water Navigable Route “Danube – Black Sea” on the Ukrainian part of the Danube delta”.
In 2008 a significant volume of works in frames of the Espoo Convention provisions implementation was carried out.
The Ukrainian Party would like to inform that at this stage no significant transboundary impact on the environment from the works on the renovation of the Deep Water Navigable Route “Danube – Black Sea” was observed.
However, the final conclusion can be based only on the joint monitoring results (bilateral Ukraine – Romania and multilateral with participation of other Danube countries and international experts) and assessment research that have to be organized according to provisions of the Espoo Convention and under the aegis of the Implementation Committee of this Convention.
Unfortunately, the Romanian Party with its Verbal Note dated 5th January, 2009 # H2/5628 transmitted to Ukraine only a part of the list of the Projects that are currently being implemented or are planned to be implemented in Romanian part of the Danube delta. The analysis of the abovementioned information proved that it has been prepared in non-compliance with the Espoo Convention provisions and with absence of the constructive approach to solve the problem. In order to get the entire picture on a transboundary impact of the economic activity in the Danube delta, it is essential to get research information from Romanian scientists on the framework of Complex Environmental Monitoring, but, unfortunately, such an information is still absent. This fact disables Ukrainian Party to make the integrated conclusions which currently are being made only on the basis of Ukrainian scientists’ findings.
On the basis of the EIA Documentation for the Project on the Renovation of the Deep Water Navigable Route “Danube – Black Sea” that was developed in 2004 and recently updated in conformity with the provisions of the Reportof the Inquiry Commission in 2006-2007, also taking into account the findings of the scientists of the OC PivdenNIRO and results of the complex environmental monitoring made in 2008 by UkrSRIEP of the Ministry of Environmental Protection of Ukraine, the transboundary EIA Documentation was developed, translated into English and sent to the Government of Romania and Secretariat of the Espoo Convention.
It is noted in the report:
«The refusal to run any activity to sustain navigation by the arms of the Kiliya delta will result the final decay of very important part of the transport and industrial complex of the Danube delta, impoverishment of the population and apparently can not be considered as a “zero” alternative for an activity that could serve as an alternative to projects of the navigation renewal in the Ukrainian part of the Danube delta.
In process of selection of the route for the Deep Water Navigable Route Project, morethan 10 variants worked out on a level of Feasibility Studies and Project Proposals were considered. These alternatives considered almost all possible ways to provide navigation in the Ukrainian part of the Danube delta and foreseen the usage of existing arms and creation of artificial canals. All developed alternatives for the navigable route include the part of the Danube river from port Reni to port Kiliya and fully or partially the river part between port Kiliya and port Vilkove.
Among these alternatives the “zero” alternative can be considered to be the route by the Ochakovskoe arm and Prorva arm which are the latest being used in the Danube deep water routes in the Danube – Black Sea direction. The maintenance of the Prorva arm for last decades could be possible only by constant increase of dredging volumes (for 4 mln m3 of soil per year)…
Integral comparative appraisals of alternatives for the whole hierarchy, in general showed the significant advantage of the route of the navigable waterway by the Bystroe arm. It confirmed the choice made previously on the Project stages between different variants for the route in favor of the way by the Bystroe arm».
In addition, the Ukrainian scientists made the analysis of materials sent by the Romanian party as the Comments on the Notification of the “Deep Water Navigable Route “Danube – Black Sea” on the Ukrainian part of the Danube delta. Full development” Project”. Romanian party once again has not provided the Ukrainian party with information containing the full scientific substantiation on the transboundary impact that may occur.
4. Optimization of Project Decisions based on research works in 2008
As it was mentioned above, as a result of the scientific and research works on the Environmental Impact Assessment Documentation and monitoring observations, with the aim to minimize the impact from the construction works, the technology of the works implementation for the DWNR “Danube – Black Sea” Project was adjusted.
It is important to specify that:
· Following the results of the Complex Environmental Monitoring and additional ichthyologic monitoring, the schedule of the dredging works on the marine approach canal and during the most intensive fish young downstream migration was significantly changed. Following the recommendations of the OC PivdenNIRO all works under the Project were suspended in May and August 2008;
· Besides, the UkrSRIEP Institute in frames of the EIA Documentation developed the List of measures to provide the support of the environment and environmental safety. These measures were undertaken during 2008 in the course of implementation of the Project;
· In the course of construction, the financial compensation is being paid in order to mitigate the irreparable damages by money transfer to the equivalent improvement of the environment (for example, compensation for the losses in the fish by creation of the fish breeding objects) and compensation for the losses for birds’ disturbance by implementation of measures on improvement of ornithological indicators of neighboring areas by hydro- and phytomelioration measures.