Hazardous waste
- Document symbol
- G/LIC/N/3/UKR/17
- Original language
- English
- Published on
- 22/01/2025
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 on the Control of Transboundary Movements of Hazardous Waste and their Disposal (Basel Convention).
Transboundary transportation of hazardous waste requires the written consent from the Ministry of Environmental Protection and Natural Resources of Ukraine (hereinafter - the written consent). Transboundary transportation of other types of waste shall be carried out based on the conclusion from the Ministry of Environmental Protection and Natural Resources of Ukraine (hereinafter - the conclusion). The written consent and the conclusion are granted in accordance with the provisions of Article 43 of the Law of Ukraine "On Waste Management" and the Resolution of the Cabinet of Ministers of Ukraine No. 1067 "On Approval of the Procedure for Providing Written Consent (Notification) for Transboundary Transportation of Hazardous Waste and Conclusion on Transboundary Transportation of Waste" of 17 September 2024.
List of plastic waste, the transboundary transportation of which is carried out on the basis of the conclusion, is set out in Annex 3 to the Resolution of the Cabinet of Ministers of Ukraine No. 1067 "On Approval of the Procedure for Providing Written Consent (Notification) for Transboundary Transportation of Hazardous Waste and Conclusion on Transboundary Transportation of Waste" of 17 September 2024. It contains plastic waste that is intended to be processed in an environmentally sound manner (recycling/recovery of organic substances that are not used as solvents) and is almost free of contaminants and other types of waste, namely:
- plastic waste that almost exclusively consists of one non-halogenated polymer, including, but not limited to, the following polymers: polyethylene; polypropylene; polystyrene; acrylonitrile butadiene styrene; polyethylene terephthalate; polycarbonates; polyesters;
- plastic waste that almost exclusively consists of a single cured resin or condensation product, including, but not limited to, the following resins: urea-formaldehyde; phenol-formaldehyde; melamine-formaldehyde; epoxy; alkynes;
- plastic waste consisting almost exclusively of the following fluorinated polymers: perfluoroalkoxyalkanes; tetrafluoroethylene/perfluoroalkyl vinyl ether; tetrafluoroethylene/perfluoromethyl vinyl ether; polyvinyl fluoride; polyvinylidene fluoride;
- mixtures of plastic waste consisting of polyethylene, polypropylene and/or polyethylene terephthalate, provided that they are designed for separate processing of each material and in an environmentally safe manner and are almost free of contaminants and other types of waste.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
As above. The written consent for transboundary transportation of hazardous waste applies to hazardous waste listed in the schedules of the Basel Convention.
Q3. The system applies to goods originating in and coming from which countries?
The written consent system applies to all transboundary transportation of hazardous and other waste between countries that are 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 imported goods. The written consent system aims to ensure that hazardous waste is managed in an environmentally sound and efficient manner and that transboundary transportation are conducted in a manner that protects human health and the environment against possible adverse effects.
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 written consent and the conclusion are maintained includes:
- Law of Ukraine "On Waste Management" No. 2320 of 20 June 2022, available at https://zakon.rada.gov.ua/laws/show/2320-20#Text;
- Resolution of the Cabinet of Ministers of Ukraine No. 1067 "On Approval of the Procedure for Providing Written Consent (Notification) for Transboundary Transportation of Hazardous Waste and Conclusion on Transboundary Transportation of Waste" of 17 September 2024, available at https://zakon.rada.gov.ua/laws/show/1067-2024-%D0%BF#Text.
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 written consent shall be obtained prior to the planned date of the first transportation of hazardous waste. The written consent is issued within 60 days from the date of submission of the application. The form of the written consent is set out in Annex 1 to the Resolution of the Cabinet of Ministers of Ukraine No. 1067 of 17 September 2024.
The conclusion is issued or refused within 10 working days from the date of submission of the application, information and documents required for its issuance.
Q7.b. Can a licence be granted immediately on request?
The written consent and the conclusion may be issued in a shorter time frame and depends only on technical capacity of the relevant authority.
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?
The written consent and the conclusion are 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?
The written consent and the conclusion may not be granted if the applicant fails to meet ordinary criteria.
The grounds to refuse to issue a written consent are defined in part six of Article 43 of the Law of Ukraine "On Waste Management" No. 2320 of 20 June 2022 and are as follows:
- inaccuracies in the information provided in the submitted documents for written consent.
- incomplete documentation or failure to meet legal requirements.
- failure to approve the materials on transboundary transportation of hazardous waste by other authorised bodies of the state concerned;
- absence of information regarding insurance, pledges, or other guarantees to compensate for any damage that may be caused to human health and the environment during waste management;
- in the case of imports of waste, the responsible party does not have a permit for waste treatment operations related to the management of the specific type of waste planned for imports, or lacks the capacity to recover the volume of waste intended for imports.
The grounds to refuse to issue the conclusion are set out in part eleven of Article 43 of the Law of Ukraine "On Waste Management" No. 2320 of 20 June 2022 and are the following:
- inaccuracy of the information provided in the documents submitted for issuing the conclusion.
- incomplete package of documents or failure to meet legal requirements;
- in the case of imports of waste for recovery, the responsible party does not have a permit for waste treatment operations related to the management of the specific type of waste planned for imports, or lacks the capacity to recover the volume of waste intended for imports.
A decision to refuse to issue the written consent and the conclusion 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 a permit for waste treatment operations and a licence to carry out economic activities in the field of hazardous waste management may apply for the written consent and the conclusion.
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 Law of Ukraine "On Waste Management", available at https://zakon.rada.gov.ua/laws/show/2320-20#Text, and the Resolution of the Cabinet of Ministers of Ukraine No. 1067 "On Approval of the Procedure for Providing Written Consent (Notification) for Transboundary Transportation of Hazardous Waste and Conclusion on Transboundary Transportation of Waste" of 17 September 2024, available at https://zakon.rada.gov.ua/laws/show/1067-2024-%D0%BF#Text.
An application for the written consent may be submitted in paper form or by postal delivery with a description of the contents, or in electronic form through the information system. A qualified electronic signature shall be affixed to the application for the written consent and its attachments submitted electronically through the information system.
The documents may be submitted by legal entity or individual entrepreneur or his/her authorised person. In case of submission of documents by a person authorised by legal entity or individual entrepreneur, a copy of the document certifying his/her powers shall be attached to the application.
The application for a written consent shall be accompanied by the following documents:
for imports of waste:
notification of the exporting country and the required number of completed notification forms;
information on whether the importer and the person responsible for waste recovery have a permit for waste treatment operations, and in the case of imports of hazardous waste, a licence for hazardous waste management;
a notarised copy of the contract containing the following obligations:
- liability of the parties for any adverse consequences resulting from the provision of inaccurate information, improper waste management, accidents or other unforeseen events, including re-export of waste in case of failure to fulfil the terms of the contract;
- the person responsible for waste recovery to confirm the receipt of waste within three working days (copies of the duly completed notification of transboundary transportation of waste, in the form specified in Annex 2 to the Resolution of the Cabinet of Ministers of Ukraine No. 1067 of 17 September 2024, are sent to the exporter and the competent authorities of the states concerned);
- the person responsible for waste management to confirm the completion of waste recovery operations within 180 days after receiving the waste (copies of the duly completed transport document are sent to the exporter and the competent authorities of the states concerned);
- information on the origin and composition of waste, results of laboratory tests to determine the composition and properties of waste;
- description of the method of waste recovery;
- information on the capacity and location of the waste recovery facility;
- conclusions of the state sanitary and epidemiological expertise on waste imported for recovery and products to be produced as a result of recycling;
- a statement by the competent authority of the exporting country that the country does not have the technical capabilities and necessary capacity to manage such waste in an environmentally sound manner;
- confirmation of the existence of liability insurance for the exporter and the person responsible for waste recovery to compensate for damage that may be caused to human health, property and the environment during the transboundary transportation and management of hazardous waste, with proof of payment of the first insurance premium;
description of the waste transportation route.
For transit of hazardous waste:
a written notification in Ukrainian or English on the transboundary transportation of hazardous waste through the territory of Ukraine, which shall contain information on:
- waste, its origin, composition and volumes;
- initial and final points of waste transportation;
- potential transit dates and a description of the route of waste transportation through the territory of Ukraine;
- documents confirming that the country of imports will accept the hazardous waste and that the exporter, carrier and person responsible for waste management are authorised to carry out operations related to the transboundary transportation and management of hazardous waste;
- confirmation of insurance, pledge or other guarantee of compensation for any damage that may be caused to human health and the environment during the transportation of waste through the territory of Ukraine.
The application for the conclusion shall be submitted in electronic form through the Unified State Web Portal of Electronic Services, Waste management information system.
The application for issuance of the conclusion shall be accompanied by electronic copies (scanned copies or photocopies) of the original paper documents, namely;
- a foreign economic agreement or contract for transboundary transportation of waste, including specifications to the agreement or contract;
- information on the origin and composition of waste that is the object of transboundary transportation;
- a decision of the State Customs Service on the classification of goods in accordance with UKTZED or a conclusion of the Chamber of Commerce and Industry of Ukraine or an enterprise authorised to carry out customs brokerage activities, on the identification of waste.
In case of imports of waste for recovery, the following shall be additionally submitted:
- information about the person responsible for waste recovery, location of the waste treatment facility, code of the intended waste recovery operation, number in the Register of permits for waste treatment operations;
- a conclusion of accredited laboratories that the waste being transboundary transported does not have hazardous properties listed in the List of Waste Properties that Make It Hazardous (Annex 3 to the Law).
Q11. What documents are required upon actual importation?
At the time of actual importation the written consent and the conclusion from the Ministry for Protection of Environment and Natural Resources are 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 issuance of the written consent and the conclusion is provided 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 the written consent and the conclusion.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The written consent and the conclusion are valid for one year from the date of granting.
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 the written consent and the conclusion.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The person of the importing state responsible for waste management shall provide confirmation of the completion of waste management operations within 180 days after receiving the waste (copies of the duly completed document on the transportation and treatment of waste shall be sent to the exporter and the competent authorities of the states concerned).
The person responsible for waste management shall provide confirmation of the completion of waste recovery operations within 180 days after receiving the waste (copies of the duly completed transport document shall be sent to the exporter and the competent authorities of the states concerned).