Agenda for Ukraine in the sphere of waste management

For the Committee on Environmental Policy, Nature Use and Liquidation of Consequences of Chornobyl Catastrophe in the Supreme Council of Ukraine:

1. To review the draft laws initiated by law–making subjects in the sphere of waste management in compliance with the below presented proposals and initiate their inclusion into agenda of the Verkhovna Rada of Ukraine.

For the Cabinet of Ministers of Ukraine

1. To develop, coordinate with experts and the public and adopt the National Program of waste management for the period of 2016-2020 with account taken of principles of the EU Directives enshrined in the Association Agreement between EU and Ukraine (Annex XXX to Chapter 6 “Environment” of Title V “Economic and Sector Cooperation”) with account taken of five stage hierarchy of waste and programs of waste generation prevention (Chapter V of Directive 2008/98/EC on waste):

• prevention;
• preparation for recycling;
• recycling;
• other types of utilization such as energy recovery;
• disposal;  with account taken of the mechanism of full coverage of costs according to the principles “the polluter pays” and extended producer responsibility (Art. 14 Directive 2008/98/EU on waste);

with account taken of principles of management of mining industry waste (Directive 2006/21/ЄС on mining waste management);
with account taken of principles of the Directive 1999/31/EU on the landfill of waste.
For the purpose of forming the plan, we propose to use the experience of developing national plans of waste management in Sweden and Poland.¹.

2. Todevelop and approve a normative document establishing the procedure of using mining waste, ashes, slag and construction waste for repairing and constructing roads, for cement production and other objectives using known practices and technologies.²
3. Tomakeamendmentstop. 8 of the Resolution of the Cabinet of Ministers of 30.03.1998 #391 “On approval of the Provision on state system of environmental monitoring” (http://zakon3.rada.gov.ua/laws/show/391-98-%D0%BF, regarding classifying the State Environmental Inspectorate of Ukraine and its branches as subjects of environmental monitoring and authorizing the State Environmental Inspectorate of Ukraine to coordinate the system.
4. To ensure Ukraine’s accession to the Minamata Convention on mercury.
5. Todevelop, discuss with experts and the public and approve the procedure of issuing permits for operations in the sphere of hazardous waste management (Art. 18 of the Law of Ukraine “On Waste”).
6. To develop, discuss with experts and the public and approve the list of operations of waste disposal and utilization according to Annexes I and II to the Directive 2008/98/EC on waste in compliance with the EU-Ukraine Association Agreement (Annex XXXX to Chapter 6 “Environmental protection” of Title V “Economic and sector cooperation” and Art. 18 of the Law of Ukraine “On Waste”).
7. To develop, discuss with experts and the public and approve quotas for importing to Ukraine waste as secondary raw materials for utilization (Art. 18 of the Law of Ukraine).
8. To develop, discuss with experts and the public and approve the procedure of importing, exporting and transit via Ukrainian territory of certain kinds of waste (Art. 18 of the Law of Ukraine).
9. To approve templates of passports for waste and instruction on their maintenance.
10. To develop a new template of primary accounting documentation N 1-ВТ “Accounting of waste and package materials and tare” (ordinance by the Ministry of Environment and Natural Resources of Ukraine of 7 July 2008 # 342) in compliance with the declaration on waste, agree it with experts, the public and approve.
11. To develop the procedure of submitting the declaration on waste, agree it with experts, the public and approve.
12. To ensure approximation of Ukraine to European normative documents in the sphere of hazardous waste management, in particular in the sphere of management of electrical and electronic equipment.

Directive 2012/19/EU oftheEuropeanParliamentandof the Councilof 4 July 2012 onwasteelectricalandelectronicequipment (WEEE).

Directive 2006/66/EC oftheEuropeanParliamentandof theCouncilof 6 September 2006 on batteries and accumulators and waste batteries and accumulators.

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS-2).

For the Ministry of Environment and Natural Resources of Ukraine

1. To develop and submit for adoption by the Cabinet of Ministers of Ukraine the National plan of waste management for 2016-2020 with account taken of principles of Directives of the European Union enshrined in the EU-Ukraine Association Agreement(Annex XXXX to Chapter 6 “Environmental protection” of Title V “Economic and sector cooperation” with account taken of five stages of hierarchy of waste and programs for prevention of waste generation (chapter V of the Directive 2008/98/EC on waste):

– prevention;

– preparation for recycling;

– recycling;

– other types of utilization, e.g energy recovery;

– disposal;

withaccounttakenofthemechanismoffullcoverageofcostsaccordingtotheprinciple “thepolluterpays” andtheprincipleofextendedproducerresponsibility (Art. 14 of the Directive 2008/98/EC on waste);

with account taken of principles of waste management in mining industry (Directive 2006/21/EC on waste management in mining industry);

withaccounttakenofprinciplesofthe Directive 1999/31/EC on the landfill of waste.

We suggest using Swedish and Polish experience for developing the draft Plan³.

2. On a monthly basis to release on the web-site of the Ministry of Environment and Natural Resources of Ukraine reports on implementation of the plan of approximation of the national legislation to EU Directives in the sphere of waste management.
3. To develop, agree with experts and the public a new version of the draft law “On Waste” and submit it to the Verkhovna Rada of Ukraine.
4. To develop, agree with experts and the public and submit to the Verkhovna Rada the draft law on green tariff for energy produced as a result of high temperature waste incineration or pyrolysis.
5. To make amendments to Licensing conditions for business activities in the sphere of operations with hazardous waste management with the aim to improve the process of licensing operations with hazardous waste: ultimate openness of the process of public involvement, inspection of actual material and technical capacity, premises and transport, expanding possibilities for annulling licenses including at complaints from the public , reference to the best available technologies in the sphere of hazardous waste management in the European Union.
6. To launch and maintain the register of enterprises, institutions and organizations that received licenses for operations with hazardous waste with ensured access to texts of licenses and short description of technological capacity, regular update and free access to it via open Internet resources.
7. To inspect enterprises that received licenses for hazardous waste management and check availability of technological capacity, premises, material basis for compliance with licensing conditions and impact of their functioning on the environment. Results of inspections should be accessible on the web-site of the Ministry of Environment and Natural Resources of Ukraine.
8. To create on the web-site of the Ministry of Environment and Natural Resources of Ukraine the register of the newest available technologies in Ukraine in the sphere of waste collection, segregation, recycling, utilization and to ensure online access to the register.
9. To prepare analytical and information basis for Ukraine’s accession to the Minamata Convention on mercury.
10. To create an analytical information system of data on amounts of waste generations and ways of waste management (Art. 23 of the Law of Ukraine “On Waste”).
11. DodevelopthedraftlawonmakingamendmentstoArt. 82 – 82⁶ of the Code of Ukraine on administrative delinquencies regarding making more stringent responsibility of physical and legal units for violation of legislation on waste management in order to stimulate minimization of waste generation, waste segregation and reporting on waste management by all subjects regardless of ownership forms.
12. To finalize the new version of waste classifier on the basis of European waste list, agree it with experts and the public and approve.
13. To initiate at the Cabinet of Ministers of Ukraine approximation in Ukraine of European normative documents in the sphere of hazardous waste management, in particular in the sphere of waste electrical and electronic equipment.

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE).

Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators.

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS-2).

For the Ministry of Health of Ukraine

1. To develop, agree with experts, the public and approve the regulatory document for determining a hazard category of waste.
2. To develop, agree with experts, the public and approve sanitary and hygienic requirements to products manufactured from waste (Art. 24 of the Law of Ukraine “On Waste”).
3. Make amendments to State sanitary anti-epidemiological rules and norms of medical waste management approved by the Ministry of Health of Ukraine on 08.06.2015 #325 regarding terminology and regulation of management of B category waste after its disinfection.

For the Ministry of Regional Development, Construction and Community Services of Ukraine

1. To develop and submit for adoption by the Cabinet of Ministers of Ukraine state standards, norms and rules of domestic waste management with account taken of principles of Directives of the European Union enshrined in the EU-Ukraine Association Agreement(Annex XXXX to Chapter 6 “Environmental protection” of Title V “Economic and sector cooperation” with account taken of five stages of hierarchy of waste and programs for prevention of waste generation (chapter V of the Directive 2008/98/EC on waste):

– prevention;

– preparation for recycling;

– recycling;

– other types of utilization, e.g energy recovery;

– disposal;

withaccounttakenofthemechanismoffullcoverageofcostsaccordingtotheprinciple “thepolluterpays” andtheprincipleofextendedproducerresponsibility (Art. 14 of the Directive 2008/98/EC on waste);

withaccounttakenofprinciplesofthe Directive 1999/31/EC on the landfill of waste.

For the Ministry of Education and Science of Ukraine

1. To develop a complex program of environmental education in the sphere of waste management for preschools, junior and secondary schools.

Theeducationalmethodologicalcomplex “Greenpackage” has been developed in Ukraine.⁴.

For the Ministry of Energy and Coal Industry of Ukraine

1. Toinitiate adoption by the Cabinet of Ministers of Ukraine a normative document establishing the procedure of using mining waste, ashes, slag and construction waste for repairing and constructing roads, for cement production and other objectives using known practices and technologies⁵.

For the State Environmental Inspectorate of Ukraine

1. To ensure annual control over compliance with environmental legislation by enterprises dealing with waste management. Results of the control should be released on the web-site of the State Environmental Inspectorate of Ukraine and its branches.
2. To ensure control over compliance with environmental legislation by licensees dealing with waste management. Results of the control should be released on the web-site of the State Environmental Inspectorate of Ukraine and its branches.
3. To perform systematic monitoring of waste landfilling and disposal locations and of enterprises working in the sphere of waste management. Results of monitoring should be released on the web-site of the State Environmental Inspectorate of Ukraine and its branches.

For State Regional Administrations

1. Topostonweb–sites of State Regional Administrations information about the list of hazardous waste accumulation points, points for recyclable waste (glass, carton, paper, plastic bottles, batteries, energy saving fluorescent lamps).
2. To conduct information campaigns on threats caused by waste to the environment and human health, on ways of minimizing waste generation, on possibilities of waste segregation and recycling, on waste composting.
3. Toorganizethesystemofcompostingdryleavesandremnantsofdryvegetation, prohibiting their burning and responsibility for violations, composting domestic organic waste and performing awareness-raising.
4. Toensurecontrolbylocalauthoritiesoverrealizationofschemesofsanitary clean-ups of territories.
5. Toorganizesegregationofwastebyfractions: metal, paper, plastic, glass.
6. To organize cooperation with business regarding voluntary minimization of waste generation, decreasing use of plastic bags, regarding packaging and waste recycling.
7. To organize accumulation and recycling of construction waste to be used for road construction and repair.
8. Jointly with local self-governance authorities to make inventory of unauthorized waste landfills and develop a plan of their liquidation.
9. Jointly with local self-governance bodies to decide (if necessary) on construction of domestic solid waste landfills in compliance with technological and construction norms and environmental regulations using external investments and public-private partnership schemes at the consultative support of the Department of public-private partnership of the Ministry of Economic Development and Trade of Ukraine.

For local state administrations

1. To develop, agree with experts and the public, approve and ensure implementation of local programs of waste management with objectives, measures, indicators and appointed persons in charge for decrease of amounts of waste generation and landfilling, decrease of areas of unauthorized landfills, increase amounts of waste recycling, decrease amounts of landfilled hazardous waste, economic stimulation of environmentally safe technologies and waste recycling, awareness-raising activities.
2. Jointly with local self-governance authorities to make inventory of unauthorized waste landfills and develop a plan of their liquidation
3. Jointly with local self-governance bodies to decide (if necessary) on construction of domestic solid waste landfills in compliance with technological and construction norms and environmental regulations using external investments and public-private partnership schemes at the consultative support of the Department of public-private partnership of the Ministry of Economic Development and Trade of Ukraine.

For civil society organizations and international organizations

1. To actively disseminate information about the need for safe and responsible waste management, sorting and segregated collection of waste, environmentally friendly technologies.
2. To involve public television and other media for coverage of safe waste handling, sorting and segregated collection of waste.
3. To provide methodological assistance to local authorities for preparation and implementation of projects aimed at organizing segregated collection, sorting and recycling of waste.
4. To initiate and fully support implementation by local self-governance authorities of projects in the sphere of segregated collection, sorting and recycling of waste based on modern technologies with involvement of foreign investors and use of grant funds.

1^ https://www.naturvardsverket.se/Documents/publikationer/620-1249-5.pdfhttps://www.mos.gov.pl/g2/big/2015_09/8fc2497f345721fe22ca200b9ceac577.pdf
2^ http://www.nettax.pl/dzienniki/mp/2003/11/poz.159/zal1_3.2.2.3.htmhttp://www.lw.com.pl/pl,2,d1097,gospodarka_odpadami.html
3^ https://www.naturvardsverket.se/Documents/publikationer/620-1249-5.pdfhttps://www.mos.gov.pl/g2/big/2015_09/8fc2497f345721fe22ca200b9ceac577.pdf
4^ http://www.greenpack.in.ua/
5^ http://www.nettax.pl/dzienniki/mp/2003/11/poz.159/zal1_3.2.2.3.htmhttp://www.lw.com.pl/pl,2,d1097,gospodarka_odpadami.html