\\ | // BOBAK \\ | // Ukrainian coalition "For the wild nature" (# 190 January 11, 2006)

THE RESOLUTION OF THE I-st CONGRESS OF ALL-UKRAINIAN ECOLOGICAL MOVEMENT "KHORTITSKIY FORUM" ACCORDING THE CONTINUED INFRINGEMENT OF ECOLOGICAL AND LEGISLATIVE NORMS BY THE GOVERNMENT OF UKRAINE DURING THE CONSTRUCTION OF THE CANAL "DANUBE RIVER-BLACK SEA"

The I-st Congress of All-Ukrainian Ecological Movement "Khortitskiy Forum" (Gorlovka, the 25-th of December, 2005) was noted, that the political forces, which came to the power in Ukraine after the Presidents elections in 2004, in the ecological field in general repeat all the spectrum of infringements of their predecessors.

The most striking example of such a politics is the continuation of the construction by the government of Ukraine of the navigable water-way "Danube River - Black Sea" through the Bystroye Branch of the Danube Biosphere Reserve. The realization of the given project already for today resulted in the large-scale antropogenic transformation of the natural complexes of the reserve, reduction of their square, and abundance of the rare species of biota, including the species, recorded in the Red Book of Ukraine. According to the data of the Ministry of Transport of Ukraine, to the date of the 1-st of November 2005 on this project it were spent 96.8 millions of Ukrainian hrivnas (about 17.6 millions of dollars of USA) - for all, that the real depth of the canal on the Bystroye Branch only on a half a meter is bigger, than the natural depth of the branch.

The Congress noted, that for a current year by the government of Ukraine was not done anything for improvement on the infringements of the national legislation, connected with the realization of the given project, in particular, Article 51 - 54 of Law "On the Natural-Reserved Fund of Ukraine", which were broken by ex-President of Ukraine Mr. Kuchma during adoption of the Decree on the withdrawal of the Bystroye Branch from the core zone of strictly protection of the Danube Biosphere Reserve.

Also, it was not done any real steps for the improvement of infringements of a number of international commitments of Ukraine summoned by the given project: the Convention on the Protection of Migrating Species of Wild Animals (Bonn Convention), the Agreement on Protection of African-Eurasian Migrating Waterfowl Birds, ratified in the frameworks of a Bonn Convention, the Convention on a Cooperation on Protection and Sustainable Use of a Danube River (Danube Convention), the Convention on the Assessment of the Influence on the Natural Environment in Transboundary Context (Espo Convention), the Convention on Wetlands of International Importance, Mainly as Habitat of Waterfowl Birds (Ramsar Convention), the Convention on Protection of Wild Fauna and Flora and Natural Habitats in Europe (Bern Convention), the Convention on Access to the Information, Participation of Public in the Process of Decision Making and Access to the Justice on the Issues, Relating to Environment (Aarhus Convention).

The ecological damage and economical expediency of the given project until now does not assessed impartially on the official level. Despite the return by the Conclusion # 290 of the State Ecological Expert Examination of the given project for the revision, the interested persons on the level of deputies and a Chairman of Verkhovna Rada îf Ukraine and Administration of the Ministry of Transport and Communication of Ukraine are lobbying the long-term uninterrupted financing of the given project at the expense of the State budget of Ukraine. At the same time, the realization of the planned rates of benefit for the first year of exploitation of the canal is 14.6 % from the planned ones.

From the side of the Administration of the Ministry of Protection of Natural Environment of Ukraine continuing the pressure on the Administration of the Danube Biosphere Reserve, expressed in no way ungrounded sabotage of giving out of limits and permits on the reed storage by the local population, by which the Ministry accentuating the socio-economical situation in the region.

In the process of decision-making by the authorities, contrary to the demands of the Aarhus Convention, it was ignored the opinion of the public, expressed, in particular, in Resolutions of IV Conference "On the Green Platform" (4 - 5 of June 2005, Yevpatoria), Khortitskiy Forum (4 - 6 of June 2005, Zaporozhye) and the public hearings according the construction of the deep-water navigable way "Danube River-Black Sea" through the territory of the Danube Biosphere Reserve (7 of June 2005, Odessa). The opinion of the international public is ignoring by the authorities of Ukraine the same way as the opinion of Ukrainian public.

Taking into account the mentioned above, the Congress address to the President of Ukraine, to the Cabinet Council of Ukraine, to the Verkhovna Rada îf Ukraine, to the Ministry of Transport and Communication of Ukraine and to the Ministry of Protection of Natural Environment of Ukraine with the demand:

1. Do not give to the project "Restoration of the Navigable Deep-Water Way Danube River - Black Sea" the status of strategical project of State importance under the condition of its realization on the Bystroye Branch.

2. To apply to the Chamber of Accounts and to the General Office of Public Prosecutor of Ukraine with the charge to carry out the examination of validity of the spending and observance of investment and planning and design legislation during the construction of the Navigable Deep-Water Way "Danube River - Black Sea" with the calling of the experts of the National Academy of Sciences of Ukraine, Ministry of Protection of Natural Environment of Ukraine and State Ecological Examination.

3. To take into account the opinion of ecological public of Ukraine according the given project, expressed in the resolutions of IV Conference "On the Green Platform" (4 - 5 of June 2005, Yevpatoria), Khortitskiy Forum (4 - 6 of June 2005, Zaporozhye) and the public hearings according the construction of the deep-water navigable way "Danube River - Black Sea" through the territory of the Danube Biosphere Reserve (7 of June 2005, Odessa).

4. To repeal the Decrees of the President of Ukraine "On the Enlargement of the Territory of the Danube Biosphere Reserve" from the 2 of February 2004 # 117/2004 and "On the Decision of the Council of National Security and Defense of Ukraine" from the 6 of June 2003 "On the Condition of Implementation of the Decree of the President of Ukraine from 10 of August 1998 # 861 "On Creation of the Danube Biosphere Reserve" and Prospects of Construction of the Navigable Water-Way Danube River - Black Sea" from 10 of July 2003 # 502/2003 as inobservant of national legislation and do not respondent to the international obligations of Ukraine.

5. To charge the National Academy of Sciences of Ukraine with carrying out of complex assessment of socio-economical aspects of the existent options of the construction of the navigable water-way Danube River - Black Sea in the Ukrainian part of the delta, and on its base to decide the economically, socially and ec

ologically most optimal option of construction.

6. Do not allocate the means for the given project from the State budget of Ukraine till the realization of the mentioned Assessment.

We consider that such a neglect of the power of a national legislation, ecological norms and public opinion is incompatible with the European choice, to which the current authorities of Ukraine are ostensibly aspiring. In the case of further neglect by the authorities of the thoughts of public according the given project, we reserve to ourselves the right to appeal with the appropriate statements on the real condition of implementation in Ukraine of provisions of international conventions and other obligations of Ukraine to the international institutions.

CONTACTS: Environmental group "Pechenegy" (Kharkov, Ukraine):
Oleg Peregon; peregon_oleg@mail.ru

Prepared by the Environmental group "Pechenegy"
The Ukrainian coalition "For the Wild Nature"