Reform on preventing industrial pollution: Government creates opportunities to extend transition period for enterprises implementing BAT conclusions

On 5 February, the Cabinet of Ministers of Ukraine approved a resolution on certain aspects of implementing Article 13 of the Law of Ukraine “On Integrated Prevention and Control of Industrial Pollution”, developed by the Ministry of Economy, Environment and Agriculture.

The resolution approves:

• requirements for the preparation, form and content of a derogation assessment;
• indicators of the criterion of disproportionately high costs for an installation to achieve the emission limit values set out in the Best Available Techniques and Management Methods (BAT) conclusions;
• methodology for calculating the cost of an installation achieving the emission limit values set out in the BAT conclusions in relation to the environmental benefits.

The approved resolution provides for the possibility of the permitting authority granting an extended transition period for enterprises – up to 7 years (derogation) – to meet the standards set out in the BAT conclusions.

Derogation will apply where valid BAT conclusions exist for the relevant activity and from the date specified in those conclusions. This will promote transparency in the derogation assessment procedure for a specific installation.

The Ministry of Economy, Environment and Agriculture, together with the international technical assistance project “Best Available Techniques and Management Methods (BAT) for Ukraine”, implemented by GIZ, continues work on the reform of industrial pollution prevention and the preparation of subordinate legislation necessary for the full implementation of the Law and the creation of conditions for issuing integrated environmental permits.