Despite the ongoing war in Ukraine, new regulations (both statutory and a number of implementing acts) have been introduced in the past few years, the aim of which is to improve the ecological situation in the country and at the same time cooperate in cross-border efforts to save the world from a climate catastrophe. A significant part of these legislative changes adapts Ukrainian law to environmental protection standards already in force in the European Union.
Ecological transformation concerns, among others, such fundamental areas as waste management and the reduction of pollutant emissions.
Among the main legal acts that have entered into force in recent years, it is worth mentioning: Waste Management Act of 20 June 2022 The law is part of a comprehensive reform of waste management in Ukraine. It introduces a European approach to waste management, including the principles of "extended producer responsibility", recycling and reuse of waste. The law establishes a hierarchy of waste management: prevention, preparation for reuse, recycling, other forms of recovery (e.g. energy) and final disposal. The law also creates special bodies coordinating waste management policy and provides for the expansion of the waste collection and processing system.
On the other hand Act of 20 September 2022 on the State Register of Emissions and Transfer of Polluting Substances creates a system for registering and controlling pollutant emissions – the so-called National Register of Emissions and Transfer of Pollutants. The Act provides for the obligation for companies to report emissions of harmful substances and creates mechanisms for controlling environmental pollution. The Register also provides public access to information on environmental threats, contributing to increased transparency in the field of environmental protection.
Law on Restriction of Circulation of Plastic Bags on the Territory of Ukraine of June 1, 2021 aims to limit the use of plastic bags and reduce their harmful impact on the environment. The law regulates the circulation of plastic bags on the territory of Ukraine, establishes requirements for their production, distribution and use, and also determines liability for violations of its norms.
In 2023, the Verkhovna Rada registered draft law "on limiting the trade in single-use plastic products", prohibiting or restricting the use of certain single-use plastic products, which are a significant source of environmental pollution. The draft introduces, among other things, obligations regarding the appropriate labeling of products containing plastics and introduces severe sanctions for violating the new regulations. The regulation is part of a broader initiative aimed at reducing plastic pollution and encouraging the use of alternative materials. However, the latter act has not yet been adopted.
The ongoing war certainly does not provide favorable conditions for implementing ecological projects at the national level, which, after all, usually force the introduction of significant changes that require significant investments in individual sectors of the economy. All the more reason to look with appreciation at Ukraine's efforts to implement European sustainable development standards and at specific legislative steps taken in this area by public authorities.
authors:
Svitlana Nemertsalova – lawyer in Ukraine
Michał Wojtyczek – attorney, head of the Ukrainian Desk department
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