Business insists on additional work on draft law No. 12188

Business insists on additional work on draft law No. 12188 shutterstock
Hanna Velyka

The document review period after the first reading is proposed to be increased to 3 weeks

The Committee on Environmental Policy and Nature Management agreed to the proposal of business representatives to extend the period for submitting and processing proposals to the draft law No. 12180 “On the Management of Waste from the Extractive Industry” between the first and second readings to 3 weeks.

The relevant report on the results of the meeting was published on the committee's website.

The MPs recommended that the Verkhovna Rada adopt the draft law as a basis and extend by half the deadline for submitting proposals and amendments to the document during its preparation for the second reading. The committee members also revised their conclusion of December 4, 2024 on the draft law. In particular, they additionally reviewed the conclusion of the Committee on Anti-Corruption Policy regarding:

  • providing discretionary powers to initiate the involvement of an investor for the management of waste from the extractive industry at the abandoned facility;
  • concluding an agreement with him on the distribution of products in a non-competitive manner and before carrying out an assessment of mineral reserves.

They also got acquainted with the proposals of business associations and sectoral associations of subsoil users, in particular, regarding the introduction of financial support for the fulfillment of the obligations of the operator of extractive industry waste regarding the implementation of post-exploitation measures.

What shortcomings do industrialists see in draft law No. 12180

Representatives of the National Association of Extractive Industries of Ukraine (NADPU) attended the committee meeting and published their comments on this document.

  1. Financial and anti-corruption aspects

Stakeholders have commented on the inevitable duplication of the financial burden on business after the adoption of the draft law, as it will introduce a new model of financial support.

"She will contribute to the business to fulfill her legal obligations, but at the same time, the requirement to pay the corresponding environmental tax remains valid," – said the NADPU.

The Association reported that in this regard, the committee instructed to work on this issue in addition to the second reading in order to ensure a balanced approach and take into account the practice of the EU member states.

"In addition, the Verkhovna Rada Committee on Anti-corruption Policy pointed out the need to clarify two provisions of the draft law, which will also be taken into account," business representatives reported.

  1. Residues that are not waste

According to NADPU members, the draft law needs clarification regarding the status of by-products that are not waste and may have the potential for reuse.

"This is important for ensuring effective management of resources and reducing the amount of waste," they are sure.

  1. Ecological balance

Stakeholders insist that it is necessary to more carefully work out the issue of environmental standards for the management of waste from the extractive industry, especially dangerous ones, so that they meet European standards and take into account modern environmental challenges.

According to representatives of the extractive industry, the ecocommittee separately proposed to increase the deadline for submission and processing of proposals between the first and second readings to 3 weeks, so that all interested parties have enough time for detailed analysis and to provide their comments.

As EcoPolitic previously reported, on December 4, 2024, the Environmental Committee supported the draft law No. 12188 on mining waste. We also informed that experts from the European Business Association pointed out 5 controversial aspects of this draft law that could have a significant negative impact on the Ukrainian economy.

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