Anti-Tobacco Legislation, The Law "On Waste Management"

Restrictive Changes to Anti-Tobacco Legislation Entered into Force: Law

On 11.07.2023, Law No. 1978-IX entered into force, which introduced a number of changes to the anti-tobacco legislation of Ukraine.

In particular, the Law:

  • prohibits advertising and the implementation of other measures to stimulate the sale of tobacco products, electronic cigarettes and their liquids. Liability for violation of this prohibition is provided in the form of a fine of UAH 30,000 and in the case of repeated violations within a year – UAH 50,000, for each fact of advertising on a separate advertising medium or for each separate event aimed at stimulating the sale of such products;
  • establishes responsibility for smoking in all public places and premises with the use of heating devices (by analogy with smoking ordinary cigars) and for selling such products to persons under 18 years of age – the fine of UAH 1,020, and in the case of repeated violations within a year – UAH 10,200;
  • prohibits production (except production for export), wholesale and retail trade, and import for sale on the territory of Ukraine of cigarettes containing flavoring additives – the fine for such an offense is UAH 20,000.

At the same time, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, as well as devices for consuming tobacco products without burning them, introduced into circulation before the entry into force of the relevant provisions of this Law, will be in circulation until their sale within the expiration date for consumption, but not longer than 12 months from the date of entry into force of this Law.

Also, the State Service on Food Safety and Consumer Protection reminds that since April 2023, control over compliance with anti-tobacco legislation has been resumed. The grounds for carrying out unscheduled measures of state supervision (control) in the field of anti-tobacco legislation are:

  • own application of the business entity;
  • relevant mandate of the Prime Minister of Ukraine;
  • applications of other persons.

The Law “On Waste Management” Entered into Force

On 09.07.2023, Law No. 2320-IX “On Waste Management” entered into force, which regulates relations of prevention and management of waste generated in Ukraine, as well as the management of waste transported through the territory of Ukraine, exported for its borders and are imported into Ukraine for the purpose of recovery, including recycling.

In particular, the Law imposes the following obligations on business entities in the field of waste management:

  • comply with the requirements for the collection, transportation and processing of waste, established by this Law and other regulatory legal acts;
  • keep records of waste generated as a result of their activities or received from other business entities, records of waste management operations and submit reports;
  • classify their waste in accordance with the National List of Waste and the Waste Classification Procedure;
  • provide local executive bodies, local self-government bodies, authorized executive bodies in the field of waste management with information about waste and related activities;
  • have a permit to carry out waste processing operations; have a license to carry out hazardous waste management business and/or a written consent (notification) for transboundary transportation of hazardous waste or a conclusion on transboundary transportation of waste in accordance with the law;
  • perform other duties stipulated by this Law.

Also, the Law provides for extended liability of manufacturers of products, as a result of consumption/use of which waste packaging, electrical and electronic equipment, batteries and accumulators, vehicles removed from service, lubricants (oils), tires, textiles, etc. are generated.

The system of extended liability provides the manufacturer with a number of obligations, in particular, regarding:

  • collection throughout the territory of Ukraine of waste generated as a result of the use of products, as well as further management of such waste and financial responsibility for such activities;
  • informing consumers of such products about the measures they can take to prevent waste generation, about the suitability of waste for reuse and recycling, etc.;
  • implementation of measures regarding the production taking into account the minimization of the negative impact on human health and the surrounding natural environment.

The Law provides for the possibility for manufacturers to fulfill such obligations through organizations of collective or individual extended liability of manufacturers. Such organizations are formed by the manufacturers themselves as non-profit organizations and perform extended liability obligations on behalf of the manufacturers.

The lawyers of “SDM Partners” will be happy to conduct a detailed analysis of the impact of the Law on your business and develop an action plan for the further carrying out of business activities in full compliance with the current legislation of Ukraine.

The EU Extended Free Roaming for Ukrainians for Another Year

On 09.07.2023, the European Commission approved the extension of free roaming for citizens of Ukraine for another year.

It is also reported that the Commission has been preparing to integrate Ukraine into the EU Roaming area, which would provide a more stable and longer-term solution.