Legal Regulation of Waste Management: Implementation of European Union Legislation

Abstract

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.