Ukrainian companies risk being held liable for not having special permits for operations involving mining waste. This situation has arisen due to a legal loophole that did not take into account the time required to obtain special documents.
The European Business Association has called on the authorities to resolve the uncertainty surrounding waste processing and has proposed two options for solving the problem.
The roots of the legislative trap
In Ukraine, there is no specialized law regulating the handling of extractive industry waste. Consequently, entrepreneurs are guided by the more general law "On Waste Management" No. 2320-IX.
This law introduced new requirements in the sphere of waste management. One of the key changes is the requirement to obtain a permit for activities related to waste processing. Existing extractive enterprises were granted a "reprieve"-transitional periods that expired in the first half of 2024.
However, a regulatory conflict made compliance impossible. Initially, during 2024, waste related to extractive industry activities was removed from the scope of the licensing procedure, but in December 2025, it was suddenly brought back under regulation. At the same time, business was not given any additional transition period as a "breather"-permits became mandatory again but without allowing time to adapt.
Possible consequences for business
This situation is extremely risky for businesses. Experts from the European Business Association's Committee on Industrial Ecology and Sustainable Development emphasize that such legal uncertainty is extremely risky for businesses.
Businesses may be held liable for not having permits. At the same time, the Association emphasizes that the procedure for obtaining these documents is quite lengthy and complicated, especially considering the need to undergo an environmental impact assessment.
Proposals to remedy the situation
The Association's committee has prepared a number of proposals to eliminate the regulatory "gray area." It outlined its position in an appeal to the relevant institutions—the Ministry of Economy, Environment, and Agriculture, the State Regulatory Service, and the Parliamentary Committee on Environmental Policy and Nature Management.
The business community is urging lawmakers to choose one of two reasonable scenarios: either temporarily exclude extractive industry waste from permitting procedures until a special law is adopted, or establish a clear and sufficient transition period of at least 18 months. Such a period would allow companies to calmly complete all necessary permitting formalities and obtain environmental impact assessment conclusions without risking fines and regulatory pressure.
As a reminder, the government postponed the introduction of the new waste classification for taxation by one year. As reported by EcoPolitica, this is due to the need to amend the Tax Code.
