UABIO appeals to the government regarding the legal regulation of the digestate usage in Ukraine. Letter 493
Today there is a real threat of biogas plants shutdown.
The Bioenergy Association of Ukraine has sent a letter to the Minister of Environmental Protection and Natural Resources of Ukraine Roman Abramovsky.
- Full text of UABIO’s letter No 493 to the government regarding the legal regulation of the digestate usage in Ukraine (in Ukrainian).
The results of the inspection of Ecoprod’s activity are a dangerous precedent for the biogas sector
In July 2020, the State Environmental Inspectorate of Ukraine conducted an unscheduled inspection of PJSC “Ekoprod” (Volnovakha, Donetsk region). At the link you can find a description of the identified violations of the law on the results of the state supervision.
The main violation in accordance with Art. 20 of the Law of Ukraine “On Pesticides and Agrochemicals”, to which the controlling body refers, is the usage of digestate by the company “Ecoprod” from the biogas plant as organic fertilizer in the own fields.
However, the operator of the biogas station “Ecoprod” was guided by the provisions of the Law of Ukraine 87-VIII “On animal by-products not intended for human consumption”, which does not provide for state registration of manure processed into biogas.
Thus, a dangerous precedent is set for the shutdown of one of the RES facilities, based on the legal conflict of the current legislation of Ukraine. In the long run, it may threaten the existence of the entire biogas industry in Ukraine.
UABIO position
The existing legal conflict can be corrected by making appropriate amendments to the Law of Ukraine “On Pesticides and Agrochemicals” – to include residues from the conversion of animal and plant by-products into biogas (digestates) in the List of agrochemicals allowed for import into the customs territory of Ukraine, trade, use and advertising without their state registration (Annex to the Law of Ukraine “On Pesticides and Agrochemicals” of March 2, 1995 № 86/95-VR).
This approach meets the requirements of international law (EU Regulations /2019 / 1009, №1069 / 2009 and № 142/2011).
Registration of digestate as a fertilizer (agrochemical) is practical nonsense. It has a variable composition during the year and from year to year, due to the difficulty of maintaining stable technological regimes during the operation of the station.
UABIO
The same practical nonsense would be the requirement of state registration of untreated manure, which is accounted for by the State Statistics Service of Ukraine as organic fertilizer.
The unresolved situation at the state level will not go unnoticed by international organizations and EU institutions, as many biogas plants, including Ecoprod, have loans from the EBRD and others.
A letter from UABIO members to the Minister of Environmental Protection and Natural Resources of Ukraine Roman Abramovsky was also sent to the Minister for Economic Development, Trade and Agriculture of Ukraine Ihor Petrashko, Head of the State Environmental Inspectorate of Ukraine Andrii Malovanyi, Chairman of the Verkhovna Rada Committee on Agrarian and Land Policy Mykola Solskyi, Chairman of the Verkhovna Rada Committee on Environmental Policy and Nature Management Oleh Bondarenko, Deputy Minister of Environmental Protection and Natural Resources Iryna Stavchuk.
The position of the UABIO is prepared, discussed and agreed upon by the members of the UABIO, which produce more than 50% of all energy from biomass and biogas in Ukraine.
