Plastics and packaging laws in Ukraine

Currently, Ukraine is in the process of changing its entire system of waste management, including the regulation of plastics circulation. This transformation aims at reducing the negative impact of waste on the environment and human health. New measures include introduction of the waste management hierarchy, separate collection of waste system, the polluter-pay principle, extended producer responsibility, etc. 

The principal legislative acts that inter alia regulate packaging and plastics waste issues include the following:

1. The Law of Ukraine “On the General Principles and Requirements to Food Safety and Quality” dated 23 December 1997 No. 771/97-ВР;
2. The Law of Ukraine “On the Protection of the Consumers Rights” dated 12 May 1991 No. 1023-XII (will be repealed upon the cancelation of the martial law regime following coming into force of the new Law of Ukraine “On the Protection of the Consumers Rights” dated 10 June 2023 No. 3153-IX);
3. The Law of Ukraine “On the Standardisation” dated 5 June 2014 No. 1315-VII;
4. The Law of Ukraine “On Technical Regulations and Compliance Assessment” dated 15 January 2015 No. 124-VIII;
5. The Law of Ukraine “On Waste Management” dated 20 June 2022 No. 2320-IX (the “Waste Management Law”) (several new provisions such as identifiers of dangerous chemical products and packaging, will enter into force on 29 June 2024);
6. The Law of Ukraine “On Limitation of the Circulation of the Plastic Packaging in the Territory of Ukraine” dated 1 June 2021 No. 1489-IX  (the “Law on Plastic Packaging”);
7. The Law of Ukraine “On Removal from Circulation, Processing, Disposal, Destruction or Further Use of Low-Quality and Dangerous Products” dated 14 January 2000 No. 1393-XIV;
8. The Law of Ukraine “On Materials and Items Intended to Come into Contact with Food” dated 3 November 2022 No. 2718-IX (will enter into force on 19 November 2025);
9. Order of the Ministry of Health of Ukraine No. 2104 On Special Requirements for Plastic Materials and Items Intended for Contact with Food dated 11 December 2023 (will enter into force on 19 November 2025);
10. Technical Regulation on confirmation of the packaging (packaging materials) compliance and waste of packaging adopted by the State Committee on technical regulations and consumer policy on 24 December 2004 No. 289.

Ukraine has taken some measures to reduce the usage of single-use plastics.

According to the Law on Plastic Packaging, it is prohibited to use the following types of plastics, including single-use plastics, packaging at retail, catering, and service facilities:

1. Extra-thin plastic bags;
2. Thin plastic bags;
3. Oxo-degradable plastic bags.

This prohibition does not cover bio-degradable plastic bags. Please note that all bio-degradable plastic bags must contain a special label approved by the Cabinet of Ministers of Ukraine.  All prohibited packaging shall be removed from circulation.

Furthermore, plastic packaging, namely bags, cannot be distributed free of charge, except for bio-degradable plastic bags. The Ukrainian government regulates the lowest price to be charged for plastic bags. At the moment, for example, the price for a sleeve-shaped plastic bag with a bottom and an open neck with walls over 50 micrometres thick shall be marketed at the following prices:

• a bag: UAH 2.00 (ca EUR 0.05) per 1 item (without side folds) or UAH 2.50 (ca EUR 0.06) per 1 item (with side folds);
• a handle bag: UAH 2.50 (ca EUR 0.06) per 1 item (without side folds) or UAH 3.00 (ca EUR 0.07) per 1 item (with side folds).

Liability for violation of the Law on Plastic Packaging in the field of distribution of plastic bags:

• distribution of prohibited plastic bags: UAH 8,500- 17,000 (ca. EUR 200- 400);
• repeated distribution of prohibited plastic bags during 3 years: UAH 17,000- 34,000 (ca. EUR 400- 800);
• free distribution of plastic bags: UAH 1,700- 3,400 (ca. EUR 40- 80);
• repeated free distribution of prohibited plastic packages during 3 years: UAH 3,400- 8,500 (ca. EUR 80- 200).

As for now, producer responsibility schemes are not legally deployed in Ukraine.

However, the Waste Management Law provides a concept of extended producer responsibility (Article 10).

According to this Law, producer responsibility schemes are to be established by separate laws for producers of products, consumption/usage that generates packaging waste, electrical and electronic equipment, batteries and accumulators, decommissioned vehicles, lubricants (oils), tires, textiles, etc.

Extended producer responsibility schemes include:

1. acceptance and collection from final consumers of waste generated as a result of the use of products, as well as further management of this waste and financing of such activities;
2. informing consumers of the measures they can take to prevent waste generation, the suitability of waste for preparation for reuse and recycling, and the existing systems for receiving and separating the collection of waste, which are formed as a result of the use of products;
3. implementation of measures for product development and its components, which minimise the negative impact on the environment, reduce waste in the process of its production and use, produce durable products suitable for repair and reuse, and ensure maximum involvement in the production of large volumes of secondary raw materials. 

The producer(s) may set up organization that would be responsible for fulfilment of their obligations within extended producer responsibility schemes on behalf of the producer(s).

There are no specific legal provisions established in relation to the producer responsibility schemes for plastic.

At the moment, Deposit Return Schemes are not regulated by law, but there are no legal provisions that may prevent these schemes from being implemented through private initiatives.

According to the Waste Management Law (clause 4 para 1 Article 56), the state authorities may provide incentives by introducing deposit schemes to encourage the efficient collection of used products and materials.

There are no specific taxes or tax relief aimed at reducing plastic packaging usage. However, according to the Waste Management Law (Article 56), tax stimulation or tax incentives are listed as general economic instruments to be applied to maintain the hierarchy of waste management and financing of waste management. Implementation of these economic instruments requires changes to tax legislation.

At the moment, there are no measures envisaged specifically for the use of microplastics and microbeads in Ukraine.  

According to the Waste Management Law (Article 37), the following targets for the reuse and recycling of household waste are set:

1. by 2025, not less than 10% by weight;
2. by 2030, not less than 20% by weight;
3. by 2035, not less than 25% by weight;
4. by 2040, not less than 35% by weight.

Specific targets for plastic and packaging are not prescribed.

The Law of Ukraine “On Materials and Items Intended to Come into Contact with Food” and Order No. 2104 of the Ministry of Health of Ukraine will regulate circulation of materials and items made of recycled plastic starting from 19 November 2025.

Currently, however, general hygienic requirements for food packaging, including primary packaging, are as follows:

1. materials used for packaging, including primary packaging, must not be a source of contamination;
2. materials for primary packaging are stored in a way that prevents their contamination;
3. packaging, including primary packaging, is used to prevent contamination of products and the integrity of the packaging.

Materials used for packaging, including reusable packaging, must be easy to clean and, if necessary, disinfect.

Waste management reform envisages a significant number of measures to change the general approach to waste in a greener way. The Waste Management Law aligned Ukrainian laws with EU Directive 2008/98/EC. In this way, Ukrainian standards regarding plastic packaging were changed and improved, especially with the prohibition of non-biodegradable plastic packaging.

The Ukrainian parliament is also considering further initiatives to address the country’s waste problems. The draft law “On introducing certain changes to the Ukrainian legislation in connection with waste-to-energy utilisation” No. 5611 is expected to create a favourable legal and economic environment for the production and use of solid recovered fuel (SRF) and refuse derived fuel (RDF) from the appropriate sources of waste. Apart from its obvious impact, the draft law should also promote separate collection of waste, including plastic, packaging, etc., since this is essential in the waste-to-energy production process. However, this initiative is in the early stages of discussion.

This chapter was last updated on March 2024 and does not reflect any subsequent developments in the law.