fbpx
Size of letters 1x
Site color
Image
Additionally
Line height
Letter spacing
Font
Embedded items (videos, maps, etc.)
 

Business asks to clarify the mechanism for banning the free distribution of plastic bags

08/ 12/ 2021
  This week, the business has been startled by the news in media about the complete ban on the free distribution of any plastic bags since December 10, 2021. It causes concerns as according to the preliminary discussion of the draft law the paid distribution is supposed to apply to plastic bags with a thickness of more than 50 microns. The European Business Association has supported and continues to support the need to improve the environmental situation in our country, including the gradual abandonment of the use of plastic bags. However, it is important to put emphasis once again on a gradual refusal. After all, currently, the business does not understand how to sell such packages, at what cost, and how to carry out accounting and reporting (as this will be required by the inspection authorities). In other words, if such changes are introduced for thin and ultra-thin plastic bags as early as December 10, businesses will probably face certain difficulties. Thus, there is no corresponding regulatory legal act on the establishment of the minimum retail prices for such packages; the lack of a clear scheme for the sale of thin and ultra-thin plastic bags on a paying basis, the lack of a mechanism for labeling, which could ensure accounting and control of the purchase of such packages by consumers. Moreover, a social campaign to implement such an initiative is needed so that citizens understand the reasons for its implementation and the expected results/consequences. Moreover, given that the bylaws for the implementation of the Law have not yet been adopted, businesses cannot adapt to requirements that are not yet clearly regulated: that is, the requirements are declared based on the Law, but the mechanism of their implementation is not provided by bylaws. Thus, the Cabinet of Ministers of Ukraine was to ensure the adoption of regulations necessary for the implementation of the provisions of this Law. Also, the Ministry of Economy has developed a draft resolution of the Cabinet of Ministers On setting minimum retail prices for plastic bags, which provides for the establishment of minimum retail prices only for plastic bags with a thickness of more than 50 micrometers (which is high density). However, despite the entry into force of the Law on December 10, this draft Resolution has not yet been approved. Therefore, it was not clear to the business until the last minute whether the norm would be introduced and whether there would be some clarifications. Accordingly, this kind of ambiguity is likely to disrupt the business process planning. Besides, according to the Law of December 10, 2021, each biodegradable package must be marked with a special label. Also, for information, the Law stipulates that a total ban on the circulation of thin and ultra-thin packages will be established from March 9, 2022. Therefore, the European Business Association believes that it is important to establish a longer transition period for the implementation of such an innovation and to prescribe a clear implementation mechanism so that businesses understand what rules need to be followed. Besides, the EBA members are concerned that the ban on plastic bags applies only to organized shops and retail chains but not to spontaneous street markets. At the same time, the EBA has always advocated the creation of equal, fair, and transparent rules for doing business in Ukraine, including the ban on the use of plastic bags. In this regard, the EBA position remains unchanged that the approach to the ban on the circulation of plastic bags should be consistent and comprehensive for all areas of production and trade.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

This week, the business has been startled by the news in media about the complete ban on the free distribution of any plastic bags since December 10, 2021. It causes concerns as according to the preliminary discussion of the draft law the paid distribution is supposed to apply to plastic bags with a thickness of more than 50 microns.

The European Business Association has supported and continues to support the need to improve the environmental situation in our country, including the gradual abandonment of the use of plastic bags.

However, it is important to put emphasis once again on a gradual refusal. After all, currently, the business does not understand how to sell such packages, at what cost, and how to carry out accounting and reporting (as this will be required by the inspection authorities).

In other words, if such changes are introduced for thin and ultra-thin plastic bags as early as December 10, businesses will probably face certain difficulties. Thus, there is no corresponding regulatory legal act on the establishment of the minimum retail prices for such packages; the lack of a clear scheme for the sale of thin and ultra-thin plastic bags on a paying basis, the lack of a mechanism for labeling, which could ensure accounting and control of the purchase of such packages by consumers. Moreover, a social campaign to implement such an initiative is needed so that citizens understand the reasons for its implementation and the expected results/consequences.

Moreover, given that the bylaws for the implementation of the Law have not yet been adopted, businesses cannot adapt to requirements that are not yet clearly regulated: that is, the requirements are declared based on the Law, but the mechanism of their implementation is not provided by bylaws. Thus, the Cabinet of Ministers of Ukraine was to ensure the adoption of regulations necessary for the implementation of the provisions of this Law. Also, the Ministry of Economy has developed a draft resolution of the Cabinet of Ministers “On setting minimum retail prices for plastic bags”, which provides for the establishment of minimum retail prices only for plastic bags with a thickness of more than 50 micrometers (which is high density). However, despite the entry into force of the Law on December 10, this draft Resolution has not yet been approved. Therefore, it was not clear to the business until the last minute whether the norm would be introduced and whether there would be some clarifications. Accordingly, this kind of ambiguity is likely to disrupt the business process planning. Besides, according to the Law of December 10, 2021, each biodegradable package must be marked with a special label.

Also, for information, the Law stipulates that a total ban on the circulation of thin and ultra-thin packages will be established from March 9, 2022.

Therefore, the European Business Association believes that it is important to establish a longer transition period for the implementation of such an innovation and to prescribe a clear implementation mechanism so that businesses understand what rules need to be followed.

Besides, the EBA members are concerned that the ban on plastic bags applies only to organized shops and retail chains but not to spontaneous street markets. At the same time, the EBA has always advocated the creation of equal, fair, and transparent rules for doing business in Ukraine, including the ban on the use of plastic bags. In this regard, the EBA position remains unchanged that the approach to the ban on the circulation of plastic bags should be consistent and comprehensive for all areas of production and trade.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

If you have found a spelling error, please, notify us by selecting that text and pressing Ctrl+Enter.

Start
in the Telegram bot
Read articles. Share in social networks

Spelling error report

The following text will be sent to our editors: