Parliament adopted the Law on Waste Management

On 20 June 2022, the Parliament of Ukraine adopted the Law of Ukraine "On Waste Management" regulating relations related to the prevention and management of waste generated in Ukraine, as well as the management of waste transported through the territory of Ukraine, exported abroad and imported into Ukraine for recovery, including recycling.

The law defines the following waste management operations:

  • collection
  • transportation
  • recovery
  • waste disposal

The Law introduces a waste management hierarchy consisting of central and local executive bodies, local governments, enterprises, institutions and organizations.

The law also establishes the "polluter pays" principle, according to which the waste producer or owner covers the costs of preventing the generation of waste, its collection, transportation and treatment, including the cost of establishing and maintaining waste treatment facilities.

At the same time, the law provides for extended liability of manufacturers of products, the consumption or use of which results in wastes from packaging, electrical and electronic equipment, batteries and accumulators, decommissioned vehicles, lubricants, tires, textiles, etc.

An extended liability system is being introduced, which imposes on such manufacturers obligations that can be fulfilled:

  • collectively through the organization of collective extended responsibility of manufacturers
  • individually through the organization of individual extended responsibility of the manufacturer

Extended producer responsibility organizations are formed by manufacturers as non-profit organizations and perform extended liability obligations on behalf of manufacturers.

In addition, the law provides for the establishment of targets for the collection, preparation of waste for recycling or other recovery. In case they are not reached, manufacturers bear administrative economic responsibility established by law.

Certain provisions are established for the detection and accounting of waste, the owner of which has not been identified. In particular, the owner or user of the land on which such waste is found, immediately, but not later than 24 hours from the date of detection of such waste, must inform the local government or local executive body, which, in turn, with the State Environmental Inspectorate and National Police identify the person who generates or owns the detected waste.

The law also establishes a list of rights and obligations for generators of waste (except households), business entities, powers of executive authorities and local governments in the field of prevention and management of waste.

Some requirements are set for waste management entities engaged in hazardous waste management.

With regard to municipal waste management, the law stipulates that local communities will appoint an administrator of municipal waste management services (exclusively a municipal enterprise).

Separately, the law establishes provisions for licensing and permitting systems in the field of waste management.

Business entities are obliged to obtain a permit for waste treatment operations before starting their activities. The procedure for issuing, refusing to issue, revoking a permit for waste treatment operations shall be approved by the Cabinet of Ministers of Ukraine.

Transboundary shipments of waste such as:

  • hazardous waste
  • household waste
  • residues arising from the incineration of household wastes
  • waste of plastic and its mixtures (except for plastic waste, the list of which is established by the Cabinet of Ministers of Ukraine),

shall be carried out on the basis of written consent (notification) for transboundary shipments of waste.

Transboundary shipments of waste, other than those mentioned above, are carried out on the basis of a conclusion on transboundary shipments of waste.

The list of documents attached to applications for relevant permits, written consent (notification) and conclusions are defined in the law.

At the same time, hazardous waste management activities are carried out by business entities on the basis of a license. Such activities include:

  • complex of operations on collection and processing of hazardous waste.
  • collection and storage of hazardous waste for further export for treatment or disposal.

The law also establishes the obligation to develop waste management plans at the national, regional, local levels, as well as level of enterprise, institutions and organizations.

Certain provisions of the law establish liability for violations of legislation in the field of waste management and provide for a list of relevant violations.

It should be noted that the management of certain types of waste generated as a result of emergencies of man-made, natural or military nature is carried out in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.

With the exception of some provisions, the law enters into force 12 months after its publication.

For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.

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