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Everything You Need to Know About Ukraine’s Management of Waste Electrical and Electronic Equipment Draft Law

This blog was originally posted on 24th January, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY JULIANA KECEROVA LENART, SENIOR REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

Introduction

Electronic waste/ E-Waste/ WEEE legislation aims to protect the environment and human health by ensuring that waste from electrical and electronic equipment (EEE) is properly managed. It includes requirements for the collection, storage, sorting, transport, treatment, preparation for reuse, recycling and disposal of electronic waste.

In this blog we look at the Ukraine Management of Waste Electrical and Electronic Equipment (WEEE) Draft Law, issued in December 2023.

Ukraine: Management of Waste Electrical and Electronic Equipment (WEEE), Draft Law, December 2023

On 26 December 2023, the Ukrainian Ministry of Environmental Protection and Natural Resources issued a draft Law on electrical and electronic equipment and waste electrical and electronic equipment, which defines the legal, economic and organizational framework for the proper management of Waste Electrical and Electronic Equipment (WEEE).

Pursuant to Article 2, this draft Law applies to all the categories of electrical and electronic equipment (EEE) placed on the market which are listed in Annex 1. In addition, Annex 2 sets out a non-exhaustive list of EEE that falls under the categories set out in Annex 1.

Obligations for Manufacturers and Distributors of EEE

This draft specifies several obligations for manufacturers and distributors of EEE, which include:

Placing on the market only EEE which meets the requirements of this Law;
Registration in the Register of producers of products that are covered by systems of extended producer responsibility;
Taking the appropriate measures to improve the performance of EEE throughout its life cycle and facilitate its reuse, dismantling and recovery;
Labeling all EEE in line with the provisions of Article 15 and Annex 3;
Provide financing for the treatment of collected WEEE.

Obligations on the Management of WEEE

The draft also imposes further obligations on manufactures with regard to the management of WEEE, which include:

Providing a separate waste collection of WEEE throughout the territory of Ukraine, in line with the provisions of Article 17 and the minimum targets set out in Annex 5;
Implementing systems for the reuse and recovery of WEEE;
Providing for the environmentally safe disposal of waste components from WEEE that cannot be recycled and/or restored;
Registration, reporting and marking requirements.

Furthermore, producers of EEE and companies involved in the processing and recovery of WEEE must take the appropriate measures to achieve the minimum targets for reuse, recycling and recovery of WEEE as per Annex 5.

Import and Export of WEEE

Specific rules are also set out with regard to the export and import of WEEE. The export and import operations for the processing and recycling of WEEE must take place in accordance with the provisions of the Basel Convention on Hazardous Waste Movement and the provisions of Article 25.

What’s Next?

Pursuant to Section V, producers of EEE may comply with their obligations either individually or by joining a collective scheme, and must provide the required financial guarantees.

The draft, if enacted, will enter into force the day after its official publication and shall apply from the 1st of January of the year following the expiration of 6 months from the day of its entry into force.

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