Basic information
Outline of the system
Import of hazardous waste is regulated by the Law of Ukraine "On Waste" of 1998 and associated regulation 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).
Import of hazardous waste requires consent from the Ministry for Protection of Environment and Natural Resources. 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" (as amended).
Product coverage
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.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life or health; protect environment; Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The consent system applies to all transboundary movements of hazardous and other wastes between countries that Parties to the Basel Convention.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The legislation under which the permission is maintained includes:
- Law of Ukraine "On Waste" of 1998; and
- 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" (as amended).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
This system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Legal entity or individual entrepreneur having licenses for relevant operations with hazardous waste to be imported may apply for consent.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry for Development of Economy, Trade and Agriculture of Ukraine
Department for Foreign Economic Activity and Trade Protection
Address
01008, Kyiv, Grushevskogo str., 12/2
Telephone
+380 (044) 200 4461
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry for Protection of Environment and Natural Resources
Kyiv 03035, st. Metropolitan Basil Lypkivskyi 35
https://mepr.gov.ua/
Documentation requirements
What information is required in applications?
The list of required documents is specified by 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.
What documents is the importer required to supply with the application?
The original consent of the country of export should 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).
Window of submission of an application
How far in advance of importation must application for a licence be made?
The system requires that consent should be obtained prior to importation of hazardous waste to Ukraine.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The consent is issued within 60 days before the planned date of first transboundary movement of hazardous waste.
Which administrative body is responsible for approving application of licences?
Yes, one single administrative body (the Ministry for Protection of Environment and Natural Resources).
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions accompanying issuance of consent.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The issue of consent is free of charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required in connection with the issue of consent.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
A consent may not be granted if the applicant fails to meet ordinary criteria.
Are the reasons for any refusal given to applicants?
If consent is not granted, applicant will be informed about the reasons for that in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
A decision to refuse the issue of a consent may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.
If so, to what bodies and under what procedures?
A decision to refuse the issue of a consent may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
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.
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).
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.