On September 1, 2012 the Energy Community Secretariat made public an Annual Report on the Implementation of the Aquis according to the Treaty establishing the Energy Community. The report analyzes compliance with the treaty and the progress made by member states in the implementation of relevant EU regulations for the period of mid 2011 - mid 2012. The overall conclusion of the report is that this period is not characterized by fundamental legislative reforms.Regarding environmental obligations, we refer to the implementation of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, with relevant amendments, Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants, Directive 79/409/EEC on the conservation of wild birds and Directive 1999/32/EC on reducing the sulfur content of certain liquid fuels.The report describes in detail the situation of environmental impact assessment in Ukraine, particularly in a transboundary context, in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development". The source of this information is primarily a report by the EU project "Support to Ukraine to implement the Espoo and Aarhus Conventions".Among the steps taken to fulfill these environmental obligations, the report identifies the Decree of the Cabinet of Ministers of Ukraine dated September 21, 2011 "On Approval of Giving the Status of International Importance to the Wetlands" and the approval of the action plan “On Reducing the Sulfur Content of Certain Liquid Fuels” by the Cabinet of Ministers of Ukraine.In assessing the level of implementation of environmental directives by Ukraine, the Secretariat takes into account the fact that most of the time limits provided for the implementation of EU standards in the environmental field have not yet been reached. We can agree with this statement as far as it concerns the conservation of birds and limitation of emissions. However, the deadline for the implementation of the directive on the assessment of the effects of certain public and private projects on the environment falls on January 1, 2013. Despite the large number of new draft laws, proposed changes to existing legislation, as well as work within the frameworks of special EU projects, no progressive changes to meet EU standards on the environmental impact assessment are currently observed.It is unlikely that Ukraine will have time to fulfill its obligations under the directive by January 1, so most likely we will await a decision concerning violations within the framework of yet another international agreement (pursuant to Article 90-93 of the Treaty establishing the Energy Community).It should be noted that Ukraine became a member of the Energy Community on February 1, 2011. On August 3, 2011 the Cabinet of Ministers of Ukraine approved the action plan “On Implementing the Obligations under the Treaty establishing the Energy Community” with its Decree No. 733. Members of the Energy Community should, among other things, adapt their regulatory frameworks to EU standards in the following fields: electricity, gas, environment, energy efficiency, renewable energy, competition and security of supply.
