Hazardous waste
- Document symbol
- G/LIC/N/3/UKR/16
- Original language
- English
- Published on
- 04/09/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Imports of hazardous waste is regulated by the Law of Ukraine "On Waste Management" No. 2320 of 20 June 2022 in order to ensure prevention of negative impact of waste on the environment and human health on the territory of Ukraine. The regulatory framework implements Ukraine's obligations under the Basel Convention for the Control of Trans-boundary Movements of Hazardous Waste and their Disposal (Basel Convention).
Imports of hazardous waste requires the consent from the Ministry of Environmental Protection and Natural Resources of Ukraine. The consent is obtained through meeting the requirements of the Resolution of the Cabinet of Ministers of Ukraine No. 1120 of 13 July 2000 "On Approval of the Regulation on the Control of Transboundary Movements of Hazardous Waste and their Utilization/Disposal and "Yellow Waste List" and "Green Waste List".
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
As above. The consent system is applied to hazardous waste listed in the schedules of the Basel Convention. Accordingly, "Yellow Waste List" and "Green Waste List" is also determined by the Resolution of the Cabinet of Ministers of Ukraine No. 1120 of 13 July 2000.
Q3. The system applies to goods originating in and coming from which countries?
The consent system applies to all transboundary movements of hazardous and other wastes between countries that Parties to the Basel Convention.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system is based on the requirements of the international treaty. The system is not intended to restrict the quantity or value of imports. The consent system aims to ensure that hazardous waste is managed in an environmentally sound and efficient manner and that transboundary movements are conducted in a manner that protects human health and the environment against possible adverse effects. The system is not intended to limit the quantity or value of imports.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The legislation under which the consent is maintained includes:
- Law of Ukraine "On Waste Management” of No. 2320 of 20 June 2022;
- Resolution of the Cabinet of Ministers of Ukraine No. 1120 of 13 July 2000 "On Approval of the Regulation on the Control of Transboundary Movements of Hazardous Waste and their Utilization/Disposal and "Yellow Waste List" and "Green Waste List".
This system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The system requires that the consent shall be obtained prior to imports of hazardous waste to Ukraine. The consent is issued within 60 days before the planned date of first transboundary movement of hazardous waste.
Q7.b. Can a licence be granted immediately on request?
The consent may be issued in a shorter time frame if the movement of hazardous wastes is carried out between the country of import and the country of export without transit through third countries.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
A consent is granted by the Ministry of Environmental Protection and Natural Resources.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
A consent may not be granted if the applicant fails to meet ordinary criteria. If consent is not granted, the applicant shall be informed on the reasons for that in writing. A decision to refuse to issue a consent may be appealed to the district administrative court in accordance with the provisions of the Code of Administrative Proceedings of Ukraine.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Legal entity or individual entrepreneur having licenses for relevant operations with hazardous waste to be imported may apply for consent.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The list of required documents is set out in the Resolution of the Cabinet of Ministers of Ukraine No. 1120 of 13 July 2000 "On Approval of the Regulation on the Control of Transboundary Movements of Hazardous Waste and their Utilization/Disposal and "Yellow Waste List" and "Green Waste List", available at https://zakon.rada.gov.ua/laws/show/1120-2000-%D0%BF.
The original consent of the country of export shall also be provided (if transboundary movement of imported waste is not a subject to such control in the country of export, the obligation to obtain consent is assumed by the person responsible for utilization/disposal).
Q11. What documents are required upon actual importation?
At the time of actual importation the consent from the Ministry for Protection of Environment and Natural Resources is required along with other necessary customs documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The issue of consent is free of charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required in connection with the issue of consent.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The consent to multiple import of hazardous waste may be given to the same person responsible for utilization/disposal for a maximum period of one year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
There are no other conditions accompanying issuance of consent.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The person responsible for utilization/disposal shall inform the Ministry for Protection of Environment and Natural Resources, the competent authority of the country of export and export after receipt of each delivery about the fact of receipt and compliance of delivered waste with the information contained in the consent (within three business days after receipt of waste, the responsible person shall send copies of the document on transboundary movements to the said addressees), as well as about the completion of their utilization/disposal (within 180 days after receipt of waste, the responsible person shall send copies of the document on transboundary movements to the said addressees).