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SM ISO690:2012 DEMYDENKO, Yelysaveta, LIBERT, Bu. Strengthening Ukraine’s environmental legislation with the EU acquis: are we there yet? In: EU Integration and Management of the Dniester River Basin, 8-9 octombrie 2020, Chişinău. Chişinău: Eco-TIRAS, 2020, pp. 65-69. ISBN 978-9975-89-182-0. |
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EU Integration and Management of the Dniester River Basin 2020 | ||||||
Conferința "EU Integration and Management of the Dniester River Basin" Chişinău, Moldova, 8-9 octombrie 2020 | ||||||
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Pag. 65-69 | ||||||
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Rezumat | ||||||
The European Union (the EU) has one of the most specialised and sophisticated set of rules when it comes to the environmental protection. Given the pro-European development policy in Ukraine, it has to undergo the process of legal approximation of its national standards and incorporate the main elements of the EU law or acquis communautaire [1]. Following the signature of EUUkraine Association Agreement (the Association Agreement) in June 2014, Ukraine has started to approximate the Ukrainian legislation to the EU environmental acquis, as mandated in Articles 360-366 and Annexes XXX-XXXI [2]. In particular, Article 363 of the Association Agreement provides that “gradual approximation of Ukrainian legislation to EU law and policy on environment shall proceed in accordance with Annex XXX to this Agreement” [2]. The annex itself includes approximation deadlines and the list of EU legal acts in the areas of (1) environmental governance; (2) air quality; (3) waste and resource management; (4) water quality and water resource management, including marine environment; (5) nature protection; (6) industrial pollution and industrial hazards; (7) climate change and protection of the ozone layer; (8) genetically modified organisms. Article 365 of the Association Agreement lists, among other cooperation objectives between the EU and Ukraine, the “development and implementation of a policy on climate change, in particular as listed in Annex XXXI to this Agreement” [2]. Annex XXXI covers three issues: (a) implementation by Ukraine of the Kyoto Protocol, including all eligibility criteria for fully using the Kyoto mechanisms, (b) development of an action plan for long-term mitigation of and adaptation to climate change, and (c) development and implementation of long-term measures to reduce emissions of greenhouse gases. This article reviews the situation of the legal approximation in Ukraine to the EU environmental acquis and highlights problematic areas and structures based on existing literature and conclusions of the authors. |
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