In 2019 Ukraine should fully adapt its legislation to the Directive 2008/50/EU on ambient air quality and cleaner air for Europe. For this reason, it is very good time for public consultations, which were launched recently to present and discuss draft legal acts developed to implement the provisions of the Directive 2008/50/EU.
While generally welcoming this initiative, we want to raise some concerns about it. The draft Order for carrying our state monitoring in the area of air protection includes provisions related not exclusively to air monitoring, but also air quality management. In particular, it provides for new mandates of public authorities regarding air quality management. Monitoring and management are clearly two distinct areas, so adapting national legislation to relevant provisions of the directive should have taken the form of amending the Law of Ukraine “On air protection”.
At the same time, some elements of the air monitoring are not properly dealt with by the draft proposal, in particular monitoring stations in the rural areas. The draft misleads as to the list of zones and agglomerations in Ukraine. The lists of zones is a mere reflection of the administrative regions in Ukraine, while agglomerations list includes only cities with population over 250,000 residents. The Directive 2008/50/EU defines “agglomeration” as zone that is a conurbation with a population in excess of 250 000 inhabitants but also may include zones with less population but classified on the basis of population density. For this reason, the proposed list of agglomerations is deficient.