The Cabinet of Ministers has adopted a resolution that gives enterprises more time for eco-modernization on the path to best available technologies and management methods (BAT). If assets cannot quickly bring the emission levels of their facilities to the values specified in BAT, they will be able to obtain a deferral of up to seven years, provided there is justification.
This was reported by the Ministry of Economy, Environment, and Agriculture.
Resolution No. 128 of February 5, 2026, clarifies the nuances of implementing the provisions of Article 13 of the Law of Ukraine "On Integrated Prevention and Control of Industrial Pollution." The document establishes a transparent methodology for assessing "deviations." It can be obtained in cases where compliance with the provisions is technically difficult or costly.
This resolution defines how to justify obtaining a deferral. In particular, the document stipulates:
- requirements for a derogation assessment – its format, content, and the development procedure;
- indicators for the "disproportionate" cost criterion – meaning excessive costs for an installation to achieve the maximum permissible concentrations as defined by the BAT;
- a calculation methodology that will make it possible to determine the ratio of costs for achieving the maximum permissible concentrations for equipment and the environmental benefits of such eco-modernization.
The licensing authority may grant an enterprise an extended transition period to achieve BAT standards. The maximum duration of such a period is seven years.
An enterprise may obtain such a deferral only if it has valid BAT conclusions and not earlier than the date specified therein.
EcoPolitic has prepared detailed material for its readers on the best available technologies and management methods (BAT).
The transition to BAT is an additional challenge for Ukrainian industrialists, especially under wartime conditions. Alongside difficulties in financing eco-modernization, they face a shortage of qualified professionals, the risk of technological substitution due to imports, and mistrust of regulatory authorities. For more about business attitudes toward BAT, read the interview with the President of the Association of Environmental Professionals (PAEW), CEO of the "Sustainable Solutions Office," Lyudmyla Tsyhanok.
