Ukraine initiates waste management reform

On 9 July 2023, Ukraine's Waste Management Law dated 20 June 2022 No. 2320-IX that brings significant changes to the Ukrainian waste management system will come into force. The new law, however, is considered only a starting point in framing a new waste management system. Therefore, other laws and secondary regulations will follow the enactment of the new law.
The main aim of the reform is to rebuild the waste management system according to European Union principles (e.g. preventing the generation of waste, implementing a "polluter-pays" principle, ensuring competition among companies involved in waste management, etc.) and to streamline waste management practices in accordance with current standards. Waste management reform further demonstrates Ukraine's commitment to creating a sustainable waste management system and protecting the environment. 

Key features of the new law include implementing a waste hierarchy, promoting recycling and waste reduction, encouraging extended producer responsibility, and establishing the basis for the future comprehensive regulatory framework. In particular, the new law will usher in the following policies:

• Development of regulations and guidelines: Following the adoption of the new law, responsible authorities will develop secondary regulations and guidelines for waste management, covering areas such as waste classification (e.g. establishing criteria for recognising hazardous waste), recycling targets, landfill standards, waste management planning, etc.); 
• Establishment of waste management infrastructure: The new law stipulates the creation of an integrated waste management infrastructure (i.e. recycling centres, waste-sorting facilities), including ensuring separate collection of waste from households, and modern landfills that comply with the EU standards. Starting from 1 January 2030, exploitation of the landfill sites that are not equipped with special systems (i.e. biogas management, air-emission tracking, monitoring of the soil and groundwater pollution) will be prohibited. A separate law will be adopted to regulate financial guarantee to cover costs of decommissioning, reclamation and maintenance of the landfill after its termination, which cost shall be then taken into account for calculation of a tariff for the use of a landfield;
• Reorganisation of the municipal waste management system: To foster a competitive environment among waste management service providers, and enhance service quality, the new law introduces a new integral participant in the municipal waste management system – the administrator. The administrator (a communal entity) will be appointed by the local municipalities and perform key functions in administration of the local waste namagement system and connecting the customers and the services providers, including contracts and settlements management, customer support and tariff calculation;
• Introduction of the extended producer responsibility (EPR) concept for packaging waste, electrical and electronic equipment, batteries and accumulators, decommissioned vehicles, lubricants (oils), tires, and textiles: Producers must take responsibility for the end-of-life management of their products, including collection, recycling, and disposal. This milestone includes setting up take-back schemes and establishing EPR organisations. EPR in part related to acceptance and collection from final consumers of waste generated as a result of the use of products, as well as further management of this waste and financial liability for the same will come into force in 7 years after the establishment of the EPR by the relevant law;
• Setting waste reduction and recycling targets: The new law sets ambitious waste reduction and recycling targets to be achieved over a specified timeframe, with regular progress reviews and adjustments as necessary: 

1. by 2025, not less than 10% by weight;
2. by 2030, not less than 20% by weight;
3. by 2035, not less than 25% by weight;
4. by 2040, not less than 35% by weight.

• Promotion of public awareness campaigns: To ensure the success of the new waste management system, public awareness campaigns will be launched to educate citizens on proper waste disposal, recycling, and waste reduction practices;
• Monitoring and enforcement: A comprehensive monitoring and enforcement system will be implemented to ensure compliance with the new regulations and penalise violators. Companies and individuals will be held liable for all damage caused by violations in waste management;
• Incentive programmes and funding: The government will establish incentive programmes and allocate funding to support businesses, industries, and local municipalities in their waste management and recycling efforts, encouraging innovation and adopting sustainable practices.

Companies involved in hazardous waste management are expected to obtain a licence within six months following the new law coming into force. Activity that relates to waste processing requires special approval.

In addition, the Cabinet of Ministers of Ukraine is obliged to adopt regulations regarding hazard classification and rules of safety markings of the chemical products that should be aligned with the Globally Harmonised System of Classification and Labeling of Chemicals (GHS). 

For more information, contact your CMS advisor or our local CMS team of experts: Anna Pogrebna, Kateryna Chechulina.