Aarhus Convention Compliance Committee
Deputy Minister of the Ecology and Natural Resources of Ukraine
Ivan Makarenko

Regarding Ukraine’s implementation of Convention on
Access to Information, Public Participation in
Decision-making and Access to Justice in
Environmental Matters (Aarhus Convention)

In reply to report of the Aarhus Convention Compliance Committee presented during the 31st meeting of November 22-25th, 2011 concerning Ukraine’s compliance of Aarhus Convention we hereby inform you as follows.
In pursuance of implementation of Paragraph 4, Section 1 of the Action plan as regards implementation of the decision III/6f made by the Aarhus Convention parties, as approved by the Enactment of the Cabinet of Ministers of Ukraine and in order to provide meeting the requirements of Aarhus Convention, the Ministry of Natural Resources has developed and submitted to the Compliance Committee for approval a draft of the "Procedure of public involvement in discussion of decision-making issues which could affect the environmental state" (attached). The mentioned draft suggests regulation of relations concerning implementation of public right to participation in decision-making as regards environmental matters. Moreover, the present draft of the Procedure has been submitted to the public for approval and also made available on the official website of the Ministry in question (www.menr.gov.ua).
I hereby am drawing your attention to the fact that according to the Decree of the President of Ukraine No. 1085/2010 dated Dec. 09, 2010 "About optimization of the executive central authorities system"; the Ministry of Environmental Protection is presently undergoing a reorganization stage with further reduction of staffers by 30%. For this reason a matter on appointment of the national coordinator for implementation of Aarhus Convention is still left open. You will be further advised about solution to this matter which is expected in the nearest time. Your temporary contact person as regards the Aarhus Convention matters wills the Chairman of the Committee for reorganization of the Ministry – a Deputy Minister, Mr. Ivan Makarenko.
However, the Ministry of Ecology and Natural Resources keeps up dynamic implementation of measures related to Aarhus Convention. The next step in this connection will be detailed specification of the Action plan as regards implementation of the decision by the Convention parties and setting deadlines with a compulsory monthly reporting to the Public Council. A detailed action plan will be given to the Compliance Committee by the end of March 2011.
We also deem necessary to advise the Compliance Committee about a system work maintained in Ukraine in order to introduce principles of the Aarhus Convention.
In compliance with the Enactment of the Cabinet of Ministers of Ukraine of Nov. 03, 2010 No. 996 "About securing public participation in formation and implementation of national policy" the Ministry of Ecology arranges a number of measures aimed to secure public participation in formation and implementation of national policy in the scope of environmental protection.
The Ministry of Ecology contributes to the maximum effect to activity of the Public Council at the Ministry and Public Councils at local agencies. There is held an analysis of their interaction efficiency and also determination of problems and measures for its solution. Public Council meetings are on regular basis participated by experts from the ministry’s structural agencies. Public Council at the Ministry of Ecology was afforded ground for making decisions of essential environmental effect and to unite public nature protecting organizations.
In compliance with the Standard provision on public council at the ministry, else central executive body, Council of ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city, district, district for and with Kyiv and Sevastopol Cities state administrations as approved by the Enactment of the Cabinet of Ministers of Nov. 03, 2010 No. 996 "About securing public participation in formation and implementation of national policy" there was created an initiative working group at the Ministry of Ecology which deals with arrangement of constitutive meeting for formation of new composition of public council at the ministry. According to the enactment a notice on constitutive meeting as well as acceptance of applications from civil society institutes for participation in the constitutive meeting were made available on the website of the Ministry of Ecology (http://www.menr.gov.ua) within relevant dates. The acceptance of documents ended on January 24, 2011 (10 calendar days prior the constitutive meeting). In compliance with the instructions of the Cabinet of Ministers of Ukraine No. 3228/1/1-11 dated Jan. 21, 2011 to the reporting note of the Deputy Minister of the Cabinet of Ministers of Ukraine Mr. Y.A. Avksentyev dated January 19, 2011 and the Decree of the President of Ukraine dated December 9, 2010 No. 1085 about optimization of the executive central authorities system which made creation or reorganization of majority of mentioned authorities, the constitutive meeting of the Public Council at the Ministry of Ecology of Ukraine, planned to take place on February 2, 2011, were postponed till new executive authorities start operating.
In pursuance of the Enactment by the Cabinet of Ministers of Ukraine to be implemented by local agencies of the Ministry of Ecology, constitutive meeting on formation of new composition of the Public Council was held and new Provisions about Public Council under the Standard Provision as affirmed by the Enactment of the Cabinet of Ministers of Ukraine dated Nov. 03, 2010 No. 996 About securing public participation in formation and implementation of national policy" were approved.
In order to involve citizens to participation in management of national environmental affairs, them free access information about activity of the Ministry of Ecology and also to provide publicity and transparency of the ministry’s work and in accordance with the Procedure of consulting public upon formation and implementation of national policy as approved by the enactment of the Cabinet of Ministers of Ukraine dated Nov. 03, 2010 No. 996, Board of public communications and relations there has been developed a plan of consulting public for year 2011 including suggestions brought forward by structural agencies of the ministry’s central bodies, state administration governmental bodies and ministry’s local bodies.
On January 20, 2011 a rough plan draft was discussed during the meeting of the Public Council, public suggestions and notes were considered and agreed with the ministry’s structural agencies. Rough plan of the Ministry of Ecology consulting public for year 2011, approved and formed, was posted on the website of the Ministry of Ecology in the new-created section "Consulting public". According to the Rough plan of consulting public for year 2011 structural agencies of the ministry’s central body arranging drafts of normative legal acts, regulatory acts and other documents requiring public opinion being considered, will provide the Board of public communication and relations with all necessary information to be posted on the website of the ministry and updating it on the governmental website "Civil society and government".
In pursuance of instructions of the Cabinet of Ministers of Ukraine dated June 16, 2009 No. 18191/1/1-09, the Ministry of Environmental Protection as developed a master plan for implementation the Concepts of executive authorities contribution to development of civil society for year 2011. In order to secure public discussion of the master plan to implement in 2011 Concepts of executive authorities’ contribution to development of civil society (hereinafter referred to as the master plan), on January 20, 2011 developed draft of master plan was discussed during the meeting of the Public Council. To prepare proper information support of civil society institutes regarding discussion of master plan, a draft document was posted on the website of the Ministry of Ecology.
On January 04, 2011 at Aarhus information and training centre of the Ministry of Ecology a public discussion of the National environment protection plan for 2011-2015 was held. A procedure of public discussion was recognized as meeting Ukrainian laws and spirit of the Aarhus Convention and principles of government and public cooperation.
The Ministry of Ecology interacts on dynamic, daily and timely basis with a state institution "Governmental Call Centre" where citizens may call by 0-800-507-309 – it is a government hot line. The Governmental Call Centre receives over 50 appeals from citizens regarding violation of environmental laws requirements. In order to provide proper and timely examination of appeals structural agencies of the Ministry’s central body, governmental administrative authorities and the Ministry’s local agencies are involved.
Consulting public is made in a form of public open discussions, mainly via electronic online consulting with the use of Governmental website "Civil society and government" and website of the Ministry of Ecology. All suggestions and notes coming during public open discussions are examined and analyzed, the experts from relevant structural agencies being involved.
There a regular section "Ask Minister" on the website of the Ministry of Ecology, it is meant for elaboration upon questions asked, the experts from structural agencies of the Ministry’s central body, governmental administrative authorities and the Ministry’s local agencies are involved.
In the room No. 101 of the Ministry’s central premise is organized work of the Public Reception of the Ministry of Ecology which operates in the mode of citizens’ direct reception, e-mails and phone calls. Each appeal made by citizen, in particular an oral one is formalized by the Public Reception into a separate document and is subject to the Ministry’s response.
There are organized and conducted regular meetings between public and management of the Ministry of Ecology, directors of separate structural agencies of the central body, governmental executive administration authorities, local agencies and special agencies in regions.
In view of the aforesaid we are asking you to consider possibility of changing the decree made by the Compliance Committee as regards Ukraine.

With kindest regards,

Ivan Makarenko
Deputy Minister of Ecology and Natural Resources of Ukraine