Legislation of the European Union Related to Municipal Waste and its Reflection in the Association Agreement with Ukraine
DOI:
https://doi.org/10.31548/law2019.04.022Abstract
Since signing the Association Agreement with the European Union on June 27, 2014, Ukraine has continued process of adaptation of its legislation in the field of waste management to European standards. According to Annex XXX to Chapter 6 of the Association Agreement, Ukraine should implement the following three Directives: Directive 2008/98/EC of the European parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; Council Directive 1999/31EC of 26 April 1999 on the landfill of waste and Directive 2006/21/EC of the European parliament and of the Council of 15 March 2006 on the management of waste from extractive industries. The benefits for Ukraine after signing the Association Agreement are unconditional, but more important is to implement its provisions.
Taking part in the joint Ukraine-Czech Republicresearch and development project «EU Environmental Policy on Solid Domestic Waste Management and its Implementation in Ukraine and the Czech Republic» we have studied EU waste law, its principles and standards. The state of adaptation of Ukrainian legislation to the requirements of the European Union in the field of waste management has been investigated and some gaps in Ukrainian legislation have been found.
Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of legislation to EU law
References
Kingston, S., Heyvaert, V. & Cavoski, A. (2017). European Environmental Law. Cambridge: Cambridge University Press, 489–490.
https://doi.org/10.1017/9781139044202
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 On waste and repealing certain Directives. OJ L 312, 22.11.2008, 3–30.
Council Directive 1999/31/EC of 26 April 1999 On the landfill of waste. OJ L 182, 16.7.1999, 1–19.
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste. OJ L 190, 12.7.2006, 1–98.
Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics. OJ L 332, 9.12.2002, 1–36.
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste. OJ L 365, 31.12.1994, 10–23.
Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags. OJ L 115, 6.5.2015, 11–15.
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles. OJ L 269, 21.10.2000, 34–43.
Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC. OJ L 310, 25.11.2005, 10–27.
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators. OJ L 266, 26.9.2006, 1–14.
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment. OJ L 197, 24.7.2012, 38–71.
Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture. OJ L 181, 4.7.1986, 6–12.
Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries. OJ L 102, 11.4.2006, 15–34.
Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues. OJ L 332, 28.12.2000, 81–90.
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1999). Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basel Convention). OJ L 39, 16.2.1993, 1–2.
Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States. OJ L 148, 19.6.1993, 1–7. Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel. OJ L 337, 5.12.2006, 21–32.
Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste. OJ L 199, 2.8.2011, 48–56.
Langlet, D. & Said Mahmoudi (2016). EU Environmental Law and Policy. 1st ed. Oxford University Press, 284.
https://doi.org/10.1093/acprof:oso/9780198753926.001.0001
European Commission: Circular Economy. Available at: http://ec.europa.eu/environment/circular-economy/index_en.htm.
Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. OJ L 161, 29.5.2014, 3–2137.
Ladychenko, V., Yara, O., Golovko, L. & Serediuk V. (2019). Groundwater Management in Ukraine and the EU. European Journal of Sustainable Development. 8(1): 31–39.
https://doi.org/10.14207/ejsd.2019.v8n1p31
Order of the Government of November 8, 2017 No. 820-p On Approval of the National Strategy for Waste Management in Ukraine until 2030. Available at: https://www.kmu.gov.ua/ua/npas/250431699.
On Waste (1998): Law of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, 36–37: 242.
Ladychenko, V. & Golovko, L. (2017). Implementation of European Environmental Policy in Ukraine: Problems and Prospects. European Journal of Sustainable Development, 6 (3): 333–339.
https://doi.org/10.14207/ejsd.2017.v6n3p333
Ladychenko, V., Yara, O., Uliutina, O. & Golovko, L. (2019). Environmental Liability in Ukraine and the EU. European Journal of Sustainable Development, 8 (2): 261–267.
https://doi.org/10.14207/ejsd.2019.v8n2p261
Yara, O., Uliutina, O., Golovko, L. & Andrushchenko, L. (2018). The EU Water Framework Directive: Challenges and Prospects for Implementation in Ukraine. European Journal of Sustainable Development, 7 (2): 175–182.
https://doi.org/10.14207/ejsd.2018.v7n2p175
Ladychenko, V. & Golovko, L. (2018). The Right of Access to Environmental Information in Ukraine and the EU European Journal of Sustainable Development, 7 (3): 455–459.
Downloads
Published
Issue
Section
License
Relationship between right holders and users shall be governed by the terms of the license Creative Commons Attribution – non-commercial – Distribution On Same Conditions 4.0 international (CC BY-NC-SA 4.0):https://creativecommons.org/licenses/by-nc-sa/4.0/deed.uk
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).