In Ukraine, for almost 30 years, the waste management system was based on outdated Soviet norms, however, on July 9, European integration Law No. 2320-IX "On Waste Management" entered into force. Although it launches the long-awaited garbage reform, the document is a framework and requires the adoption of additional laws and other acts. However, the adoption of legislative norms "on paper" is not enough and it is necessary to create conditions for the implementation of real changes "in life".
EcoPolitic analyzed at what stages of development are the legislative norms necessary to overcome the accumulation of garbage.
The Cabinet of Ministers of Ukraine has already approved a number of necessary resolutions, in particular:
- September 27, 2022 (with changes from April 28, 2023) – "On approval of the Procedure for handling waste generated in connection with damage (destruction) of buildings and structures as a result of hostilities, acts of terrorism, sabotage or carrying out work to eliminate their consequences ";
- June 19 – "Some issues of household waste management in special conditions";
- June 30 – "On approval of the Procedure for the development and approval of regional waste management plans", which will become part of the National Waste Management Plan;
- July 14 – changes to the "Regulations on the Ministry of Environmental Protection and Natural Resources" to bring it into line with the norms of the Law "On Waste Management". From now on, the department will form and implement state policies in the field of waste management;
- August 8 – "Some issues of the announcement of the termination of the status of waste", which in particular refers to scrap iron, steel, aluminum, copper, which can be processed and used as raw materials;
- September 5 – "On the approval of the Procedure for the development, approval and approval of local waste management plans";
- October 20 – "On the approval of the Waste Classification Procedure and the National List of Waste."
Important draft laws are also at various stages of preparation.
Draft Law No. 10066 "On Packaging and Packaging Waste"
On September 15, the Cabinet of Ministers approved the draft law "On packaging and packaging waste", which regulates the concept of extended producer responsibility (EPR) and introduces targets for packaging recycling. On September 18, it was registered in the Verkhovna Rada (#10066). The document was developed by the team of the Ministry of Environmental Protection and Natural Resources for a long time.
Subsequently, two alternative draft laws No. 10066-1 (September 29) and 10066-2 (October 4) were registered in the parliament.
On October 2, a working meeting was held to discuss draft law No. 10066, which was attended by members of the VRU Committee on Environmental Policy and Nature Management, representatives of the Ministry of Environment, the Ministry of Infrastructure, local self-government associations, public associations and organizations, as well as business.
On October 25, the members of the eco-committee created a working group to develop all three draft laws under the leadership of the head of the eco-committee Oleg Bondarenko.
It is worth noting that some entrepreneurs have already started separate collection of packaging waste. Thus, the association of manufacturers of packaged goods operating on the principle of extended responsibility Recopack already collects paper, plastic and glass waste in Poltava region and agreed to launch a similar system in Brovary community in Kyiv region. Also, the separate collection has already been launched some large supermarket chains.
Draft law "On scrap"
On July 7, the Cabinet of Ministers approved the draft law "On Amendments to Article 2 of the Law of Ukraine "On Scrap". The document establishes that the legislation on scrap metal consists of the Laws "On Waste Management", "On Scrap" and other normative legal acts and harmonizes them. On July 12, it was registered in the Verkhovna Rada (No 9484
The draft law was included in the agenda of the ecocommittee for September 18, but its consideration was postponed. On October 9, people's deputies considered the document and recommended the main Committee to finalize it.
Mining industry waste, eco-tax and electronic waste
On July 12, the Ministry of Environment announced the final stages of the development of draft laws "On waste management of the extractive industry" and "On amendments to the Tax Code of Ukraine regarding the environmental tax levied on the disposal of waste and placement of waste from the extractive industry." After all, the largest share of all waste in Ukraine is the waste of subsoil use.
On October 5, the Ministry of the Environment announced the preparation of a draft law that will introduce an environmental tax on waste disposal to make it expensive and unprofitable. This should stimulate processing and creation of the necessary infrastructure. Currently, the document is being developed together with the Ministry of Finance and the State Tax Service.
Also, draft laws "On waste electrical and electronic equipment" and "On batteries and accumulators" are still being developed.
A list of normative legal acts regarding which discussion and agreement is ongoing
Draft Cabinet resolutions:
- "Some issues of classification of substances or objects as by-products";
- "Procedure for creation and administration of the waste management information system";
- "On approval of the procedure for submitting a waste declaration and its forms";
- "On the approval of the Licensing conditions for the implementation of economic activities for the management of hazardous waste";
- "On approval of the Procedure for identification and accounting of waste, the owner of which is not established";
- "On approval of the Procedure for Issuing (Refusal of Issuance, Cancellation of) Permits for Waste Treatment Operations";
- "On approval of technical requirements for the operation of waste incineration plants and waste co-incineration plants";
- "On approval of the Procedure for monitoring waste treatment facilities";
- "On the approval of the Technical Regulation on the classification of dangerousness, labeling and packaging of chemical products";
- "On approval of the National Waste Management Plan", which will include the National Waste Prevention Program and the National Bio-Waste Reduction Program";
- "On approval of the procedure for providing written consent (notification) for cross-border transportation of hazardous waste and conclusion on cross-border transportation of waste";
Draft orders of the Ministry of Environment:
- "On approval of the procedure for developing waste management plans of enterprises, institutions and organizations";
- "On approval of the procedure for state accounting of waste and submission of reports";
- "On approval of the form and procedure of waste accounting".
The Ministry of Environment claims that Europe has been transitioning to a new waste management system for 20-30 years. Therefore, there are fears that reforms in Ukraine will take decades, during which garbage will occupy new and new territories.
It is worth noting that in the 4 months of the Law "On Waste Management" real changes have not yet been felt. The level of garbage sorting in Ukraine is still insufficient, and entrepreneurs continue to take garbage to forests, but success stories are already appearing. Perhaps the situation will change after the adoption of all necessary legislative norms. However, the reform "on paper" is not enough and it must be actively implemented.