Non-government organisations, members of Working Group 3 “Environment, Climate Change and Energy Security” of the Ukrainian National Platform of the Eastern Partnership Civil Society Forum (UNP EaP CSF) and Working Group 5 “Energy, Transport, Environment and Climate Change” of the Ukrainian side of the EU-Ukraine Civil Society Platform (US CSP), support the appeal prepared by NGO “Save Dnipro” on preserving access to open environmental data taking into account the conditions of martial law.
Referring to the Resolution No. 181-p of the Cabinet of Ministers of Ukraine dated 24 February 2022 “On the introduction and enforcement of the legal regime of martial law in Ukraine”, many authorities at various levels have closed access to most open data based on the Decree No. 835 of the Cabinet of Ministers of Ukraine dated 21 October 2015 and do not disclose it on the Open Data Portal.
Since access to environmental data is protected by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Article 34 of the Constitution of Ukraine, and the Decree of the Cabinet of Ministers of Ukraine “On Certain Issues of State Monitoring in the Field of Atmospheric Air Protection”, open access to this data is a Ukraine’s obligation under international and Ukrainian law, including the subsequent revision of the Decree No. 835 of the Cabinet of Ministers of Ukraine dated 21 October 2015.
Taking into account the above-mentioned high public interest in environmental information and its importance for the civil security of the population, we emphasize the obligatory maintenance of the lists of open environmental data and the obligatory maintenance of public access to all open environmental data sets in the Decree No. 835 of the Cabinet of Ministers of Ukraine “On Approving the Regulation on Data Sets to be Disclosed in the Form of Open Data”.
Today, when Ukraine has won the right to become a candidate for EU membership, we have no right to postpone the course we have set for openness and transparency of the European standard. The expansion of the list of open environmental data is aimed at improving and prioritizing decision-making, bringing Ukrainian legislation in line with EU law and fulfilling Ukraine’s obligations under the Association Agreement in the field of access to environmental information.
Open environmental data do not contradict the wartime requirements and is critical, particularly for the ability to recover liberated areas and maintain safe living conditions throughout the country.
Звернення РГ3 УНП та РГ5 УС ПГС щодо збереження доступу до екологічних відкритих даних, 04.04.2023
We are thank to Save Dnipro (members of US CSP) for the analysis of the law and the preparation of the draft statement.
Photo Ken Cedeno
For reference:
The Ukrainian National Platform of the Eastern Partnership Civil Society Forum (http://eap-csf.org.ua/) is a network of more than 150 non-governmental organizations in Ukraine that advocates Ukrainian interests within the framework of the Eastern Partnership. The platform is part of the Eastern Partnership Civil Society Forum (EaP CSF). The Eastern Partnership Civil Society Forum is unique multi-layered regional civil society platform aimed at promoting European integration, facilitating reforms and democratic transformations in the six Eastern Partnership countries – Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. Serving as the civil society and people-to-people dimension of the Eastern Partnership, the EaP CSF strives to strengthen civil society in the region, boost pluralism in public discourse and policy making by promoting participatory democracy and fundamental freedoms. The EaP CSF is a non-partisan bona fide non-governmental organisation.
The Ukrainian side of the EU-Ukraine Civil Society Platform (https://eu-ua-csp.org.ua/) is the national part of the Ukraine-EU Civil Society Platform, one of the official bilateral bodies of the EU-Ukraine Association Agreement. In accordance with Articles 469-470 of the Association Agreement, the Platform officially represents the interests of civil society of Ukraine and the EU in the process of implementation of the Agreement, monitors and publicly controls its implementation. From the Ukrainian side, the Platform includes 15 members – representatives of public associations, trade unions and employers’ organizations. Under their auspices, the CSS unites 282 organizations.