Regulation of legal relations in the field of packaging waste generation
Author: Vitaly Levchenko, lawyer at Dynasty Law & Investment
On its way to European integration, Ukraine continues to harmonize regulatory regulation with EU standards. It is time to regulate legal relations in the field of packaging waste generation.
In order to improve the quality of the environment by reducing the impact of packaging and packaging waste on the environment, the specialized committees of the Verkhovna Rada of Ukraine are considering Draft Law No. 10066 “On Packaging and Packaging Waste”. The implementation of the specified regulatory act should facilitate the reuse and recycling of packaging waste instead of its final disposal, in accordance with Directive 94/62/EC as amended.
The draft law provides criteria for classifying a product or material as packaging, establishes the institution of extended producer responsibility, and introduces reporting and monitoring of compliance with legislation in the field of packaging and packaging waste management.
Enterprises must produce and place on the market such packaging that meets the essential requirements contained in Appendix No. 2 to the Draft Law. Goods, the packaging of which does not meet the specified requirements, are subject to withdrawal by market surveillance bodies at the expense of the manufacturer of such goods in packaging. At the same time, the Draft Law provides for the imposition of administrative and economic fines for violations of legislation in the field of packaging and packaging waste management.
Also, business entities must take the necessary measures to achieve recycling targets, which differ depending on the packaging material and packaging content. Thus, according to Appendix No. 3 to the proposed law, the general recycling rate 10 years after adoption should be 65%, of which 70 percent or more of the recycled material should be household packaging.
Thus, the state does not stop on the way to aligning regulatory acts with EU standards. Dynasty Law & Investment lawyers continue to monitor legislative trends in order to provide professional legal assistance to Clients.