Work is continuing in Ukraine on legislative regulation of packaging and waste management. The working draft of the new bill, recently presented by the Committee on Environmental Policy, provides for a strategic review of the waste management system – predictable for business, controllable for the state and communities. In particular, it involves the creation of a comprehensive framework for the implementation of an extended producer responsibility (EPR) system.
EcoPolitic has prepared a brief overview of the regulations proposed by lawmakers.
We would also like to remind you that on February 24, the Environmental Protection Committee announced the start of collecting proposals and comments on the working draft of the bill. Comments can be submitted until March 11, 17, and 23, depending on the section of the document.
Part of EU requirements
The implementation of an effective system of separate collection, processing, and recycling is one of the state's European integration commitments, in particular based on the results of the screening of legislation.
The presented version of the draft law "On Packaging and Packaging Waste" was revised in accordance with EU Regulation 2025/40. It came into force while Ukraine was developing its own waste management options. So now the state has a clearly defined benchmark.
Complete overhaul or partial amendments?
After the adoption of the European Regulation 2025/40, Ukraine had two options. The first was faster and simpler – amending the existing draft law taking into account alternative drafts or partially implementing it through government decrees. However, this approach was abandoned due to fragmentation, the business sector’s lack of preparedness for the EU regulation, and the need for periodic revisions.
Therefore, lawmakers opted for a complete transposition of Regulation 2025/40 and the creation of a foundation for the EPR system not only for packaging, but also for other waste streams.
"Planned changes also include amendments to the Law 'On Waste Management', through which the Eco-Committee aims to establish a cross-sectoral EPR system for all waste with the possibility to amend EPR through sectoral laws, specifically regarding batteries and accumulators, electrical and electronic equipment, tires, textiles, and so on," – said the head of the Eco-Committee, Oleg Bondarenko.
A full transposition will not require additional laws to enforce the European regulation. The Eco-Committee is also counting on the formation of a comprehensive system for the management of packaging waste and other waste streams. Altogether, this will provide greater predictability for businesses and allow adaptation to euro-norms, should those change.
What will the new law regulate?
The Eco-Committee emphasized that the Ukrainian draft law must fully cover all legal relations set by the European regulation, taking into account other relevant Ukrainian laws.
According to preliminary information, the document structure is expected to regulate the following areas:
- the foundations of packaging and packaging waste management;
- packaging requirements;
- labeling of packaging and containers for packaging waste;
- standardization and conformity assessment;
- rights and obligations of parties in the field of packaging and packaging waste management;
- extended producer responsibility in the field of packaging waste management;
- deposit-refund system;
- reusable packaging;
- system for the reuse and refilling of packaging;
- packaging waste recycling;
- database and reporting;
- responsibility in the field of packaging and packaging waste management.
Ukrainian Concept of EPR
Lawmakers propose the establishment of both individual (IEPR) and collective (CEPR) forms for implementing extended producer responsibility. This therefore provides the possibility for producers or importers of packaging to join together to jointly fulfill their obligations in waste management.
The CEPR would be a distinct organizational and legal form whose activities are not aimed at making a profit. The procedure for the establishment and functioning of these associations will be determined by amendments to the law "On Waste Management".
To acquire or maintain CEPR status, it will not be necessary to have a mandatory share of packaging introduced into circulation.
The CEPR can be established for all types of packaging without the possibility of singling out certain items. However, for certain types of packaging, producers will be able to create deposit-refund systems.
Interaction of CEPR with Local Authorities
In the future, the CEPR is expected to cover the entire territory of Ukraine. However, according to Oleh Bondarenko, there will likely be a phased implementation period for cities with differing populations. At the same time, a local self-government body may have contractual relations with only one CEPR.
A fundamental difference of this new draft from earlier ones is placing responsibility for the separate collection of household waste on local communities. The executive body of the local council must organize and finance this process.
Meanwhile, the CEPR must independently organize and finance the separate collection of commercial packaging, as well as the transportation, recycling, and disposal of all packaging waste-both household and commercial.
Achieving targets is the responsibility of the state, not the packaging manufacturer
Lawmakers note that achieving recycling targets is a matter of state policy; therefore, requiring businesses to fulfill these targets is inappropriate. Thus, penalties for failure to meet recycling targets are not provided for producers or CEPRs.
Instead, the document may enshrine a soft regulatory model. For this, the Environmental Committee suggests introducing monitoring and reporting mechanisms to determine the current level of producers' readiness to implement European Regulation 2025/40. In the future, this model will still be subject to further discussion with state authorities.
Transition period for Ukraine
Ukraine requires a certain amount of time to successfully implement the provisions of Regulation 2025/40. Therefore, during negotiations, Ukrainian delegates discussed, in particular, these "deferrals" for the country:
- for deposit-refund systems (Article 50 (1), (2) and (11)) – 7 years from the date of Ukraine's accession to the EU or until 31 December 2037;
- for mandatory recycling targets (points a and b of Article 52(1)) – 5 years from the date of Ukraine's accession to the EU or until 31 December 2035;
- for mandatory recycling targets (points c and d of Article 52(1)) – 7 years from the date of Ukraine's accession to the EU or until 31 December 2037.
Postponement of full compliance with the requirements of these articles does not mean that the country should halt its waste management activities.
“Ukraine and business entities must, during this period, develop the infrastructure for separate collection, attract investment, raise public awareness, advance legislation, and create new mechanisms – everything that should be aimed at establishing a comprehensive system and infrastructure for separate collection, sorting, processing, and recycling of packaging waste, and, accordingly, preventing excessive landfilling,” emphasized Oleh Bondarenko.
At present, the Eco-committee is not ready to announce the timeline for transitioning to the fulfillment of packaging and reuse targets. This issue requires consultation with producers, as they are subject to numerous obligations.
The further path of the bill
Comments and suggestions will be collected until March 23. The focus will be on clarifying terminology, practical aspects of the law's implementation, and the transition periods required by business entities. After all suggestions to the bill’s text have been gathered, it will be finalized.
Regarding contentious issues, parliament plans to consult with the European Commission.
In summary, following the presentation of the bill and its discussion with the public, experts, and local communities, it should be noted that in some respects, it is more lenient toward producers than communities.
Specifically, the main criticism centered on shifting responsibility for collection onto communities, which could especially impact small and remote settlements. As experts point out, this undermines the key “polluter pays” principle.
It should also be noted that the presentation of the bill took place before its text was published.
