BASEL ACTION NETWORK (BAN) GLOBAL SURVEY
15 March 2002
1. How does your country define hazardous waste? Please explain the differences, if any, in your national hazardous waste definitions from the Basel Convention's definitions. For the purpose of implementattion of the jBasel Convention the Cabinet of Ministers of Ukraine has adopted Decree No. 1120 of July 13, 2000 "On Approval of the Regulation on the Control of Transboundary Movements of Hazardous Wastes and Their Utilization/Disposal and the Yellow and Green Lists of Wastes". This document gives the following defintion of "Hazardous Wastes":
-wastes listed in sectio A of the Yellow List of Wastes, which is adopted by the Cabinet of Ministers of Ukraine, and have one or more hazardous charcteristics given in the List of Hazardous Charcteristics adopted by the inistry of Environment and Natural Resources of Ukraine, and the wasstes listed in the Green List, which is adopted by the Cabinet of Ministers of Ukraine, in case when they contain materials given in Annex 2 of this Regulation in such amounts that they can exhibit hazardous characteristics given in the above List of Hazardous Characteristics.
Section A of Ukranian Yellow List of Wastes is basxed on the basel Convention A List of Wastes (Annex VIII of the Basel Convention). According to Article 1, paragraph 1 (a) of the Basel Convention the wastes included in this Section A are hazardous. Three positions are additionaly included in this Section A:
-leaded petrol (gasoline) sludges (Y31);
-residues arising from industrial wastes disposal operations (Y18);
-wastes from production, formulation and use of photographic chemicals and processing materials (Y16).
Ukranian Green List of Wastes is based on the Basel Convention B List of wastes (Annex IX of the Basel Convention), excluding position B3140. This position is included in a changed wording in Ukrainian Yellow List of Wastes: wastes pneumatic tyres.
2. Does your country possess a national hazardous waste import prohibition law or policy?
Yes, as Legislation:__ (if so, please cite the law, e.g. National Import Law, Section 1, Chapter 23; Environmental Protection Act of 1997)
According to Article 36 of Ukrainian Law "On Wastes" any import of wstes for the purpose of storage or disposal is prohibited. Import of hazardous wastes for the purpose of utilization/recovery/recycling is regulated by the above mentioned Decree N 1120. It is based on the consideration of Exporter's Notification Form and on the information about an enterprise for utilization/recovery of hazardous wastes in question.
Yes, as Policy:__ (if so, please cite basis for policy, e.g. executive order, declarations, etc.)
Yes, by virtue of a treaty obligation: __(if so, please cite the treaty)
No:__
3. If you answered "Yes" above, is the ban or prohibition with or without exceptions.
Without exceptions:X
With exceptions: (please describe exceptions)
4. Does your country possess a national hazardous waste export prohibition law or policy? There is no prohibition for hazardous wastes export. In accordance with the above mentioned Decree N1120 export of hazardous wastes is carried out on the base of sending notification to all the Parties concerned.
Yes, as Legislation:__ (if so, please cite the law and to whom the ban applies, for example: National Import Law, Section 1, Chapter 23-Applies to non-OECD Countries)
Yes, as Policy:__ (if so, please cite basis for policy e.g. executive order, declarations, etc.)
Yes, by virtue of a treaty obligation: (if so, please cite the treaty)
No:__
5. Is your country a Party to the Basel Convention?
Yes: X Ukraine joined the Basel Convention on July 1, 1999
No: __(if not, please explain as specifically as you can, why not. What are the remaining obstacles to ratification?)
6. If your country is a party to the Basel Convention, does it consider decision II/12, which prohibited all exports of hazardous wastes from OECD to non-OECD countries binding on it?
Yes: __
No: __ (if not, please explain as specifically as you can how your country implements decision II/12 or what significance it holds for your country)
7. Has your country ratified the amendment adopted by Decision III/1 of the Basel Convention which likewise bans all exports of hazardous wastes from OECD, EU and Liechtenstein to all other countries?
Yes: __
No: X (if not, please explain as specifically as you can why not. What obstacles remain?)
8. Does your country intend to ratify the Decision III/1 (The Basel Ban Amendment)?
Yes: X Ukraine has the intention to ratify the Decision III/I till the end of 2002 (if yes, can you indicate a time frame?)
No: __ (if no, can you explain why not?)
9. Is your country part of the areas covered by any of the following instruments: Izmir Protocol (Mediterranean watershed area), Bamako Convention (Organization of African Unity Member States), Waigani Treaty, (South Pacific Island States) or the Central American Agreement on Hazardous Waste (Central American country)?
Yes: __(if so, which region?)
No: X
10. If you answered yes above, has your country ratified that agreement?
Yes: __ (if so, what was the date of deposit?)
No: __ (if not, please explain as specifically as you can, why not and when might ratification be expected to occur, if at all?) The territory of Ukraine does not belong to any of the indicated regions.
11. Has your country ratified the Rotterdam Convention on Prior Informed Consent?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain, and when might ratification be expected to occur, if at all?) Presently Ukraine has carried out preparatory work for joining to the Rotterdam Convention. Ukraine expects to complete this work till the end of 2002
12. Has your country ratified the London Convention Protocol of 1996 (updating the London Convention)?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain, and when might ratification by expected to occur, if at all?)
13. Has your country ratified the Stockholm Convention on Persistent Organic Pollutants?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain and when might ratification by expected to occur, if at all?) Presently Ukraine is carrying out the prparatory work for ratifying the Stockholm Convention. Ukraine expects to complete this work till the end of 2002. Currently Ukraine is planning to prepare a National Implementation Plan in the frame of GEF Assistance for Enabling Activities in context of Stockholm Convention.
14. Please let us know of any other information which you feel is important in understanding your country's current position and status with respect to the above questions:
15. Please supply your contact information:
Name: Yevhen Matorin, Head of Environmental Safety Department
Title: Ministry of Environment and Natural Resources of Ukraine
Listed Basel Competent Authority? Yes:X No:___
Address: 5 Khreschatyk str., Kyiv-1, 01601 Ukraine
Phone: (380 44) 228 05 43/228 34 14/229 23 96
Fax: (380 44) 228 05 43/ 228 34 14/ 229 83 83
E-Mail: waste@menr.gov.ua
we are looking forward to further cooperation
Sincerely yours