The Law of Ukraine

“On Chemical Sources of Current”

Date of entry into force:
July 1, 2006

The present Law shall identify legal, organizational and economic principles in the area of treatment with chemical sources of current and shall aim at significantly improving the environmental situation in Ukraine at the expense of reducing the impact of waste chemical sources of current by way of recycling waste chemical sources of current. According to the present Law (Article 1), chemical sources of current shall be the sources of electric energy that is generated by way of transforming chemical energy into electric energy, which shall consist of one or several non-rechargeable primary cells or rechargeable secondary cells (accumulators), including cells integrated into articles of industrial or household significance.

The government support for developing the production of chemical sources of current and creating the conditions for recycling waste chemical sources of current shall be provided according to the general state, sectoral, regional, and local programs at the expense of the State Budget and local budgets in accordance with the procedure established by the legislation. At the time of preparing the draft State Budget, the Cabinet of Ministers of Ukraine shall, according to the general state and sectoral programs, allocate the relevant financial resources for financing measures to develop the production of chemical sources of current, as well as specialized productions and specialized enterprises for recycling waste chemical sources of current. According to regional, and local programs, bodies of executive power and bodies of local government shall allocate financial resources in draft local budgets for financing measures to develop the production of chemical sources of current, contribute to the set-up and the development of specialized productions and specialized enterprises for recycling waste chemical sources of current and to the recycling of waste chemical sources of current.

Article 6 of the present Law shall envisage that public administration in the area of chemical sources of current shall provide for:
  • developing, agreeing, adopting, and fulfilling the general state, sectoral, regional, and local programs for the development of chemical sources of current;
  • contributing to the implementation of investment programs for developing productions of domestic chemical sources of current, specialized productions and specialized enterprises for recycling waste chemical sources of current;
  • developing and adopting regulatory and legislative documents, government norms, rules, and standards for the production of chemical sources of current, their utilization, storage, and the recycling of waste chemical sources of current by bodies of executive power within the limits of their competence.

State regulation in the area of chemical sources of current shall be carried out, in particular, by way of:
  • implementing the general state, sectoral, regional, and local programs for the development of domestic chemical sources of current;
  • licensing activities related to the production of chemical sources of current, import of chemical sources of current, storage and recycling of waste chemical sources of current according to the legislation;
  • supervising and overseeing the adherence by sellers, buyers and consumers to the requirements of technical documentation related to storage and utilization of chemical sources of current and the transfer of waste chemical sources of current for recycling.

The activity of subjects of entrepreneurial activity related to the production of chemical sources of current, import of chemical sources of current, storage and recycling of waste chemical sources of current shall be carried out on the basis of licenses that shall be issued according to the procedure established by the Law of Ukraine No. 1775-ІІІ “On Licensing Certain Types of Economic Activity” of June 1, 2000. Organizational, qualification and technological requirements to the production and import of chemical sources of current, as well as storage and recycling of waste chemical sources of current shall be envisaged in licensing terms and conditions that shall be approved by the relevant central bodies of executive power.

According to Article 10 of the present Law, financing in the area of chemical sources of current shall be provided both at the expense of financial resources envisaged by the general state, sectoral and regional programs for the development of chemical sources of current and at the expense of financial resources of subjects of the relations in the area of chemical sources of current, voluntary contributions, and other financial resources that are not prohibited by the legislation. The support for scientific and technical development of chemical sources of current, popularization and the institution of scientific and technical achievements in the area of chemical sources of current shall be provided by scientific, as well as research and development institutions of state and other forms of ownership. At the time of developing chemical sources of current, technological processes for their production and recycling of waste chemical sources of current, scientific and also research and development institutions shall provide for the environmental safety of the production of chemical sources of current and the recycling of waste chemical sources of current.

According to Article 14 of the present Law, chemical sources of current shall be manufactured by producers that are owners or lessees of production capacities and also have technologies for the production of chemical sources of current at their disposal and have obtained a license for carrying out activities related to the production of chemical sources of current according to the law. Project documentation for the construction and re-construction (re-equipment, expansion and technical re-equipment) of enterprises for the production of chemical sources of current shall be subject to expert examination and agreement with the relevant bodies of state oversight and supervision according to the procedure established by the legislation. The production of chemical sources of current and their introduction into circulation shall be carried out by producers with the adherence to the requirements of government and sectoral standards, technical terms and conditions, environmental requirements, and provisions of the present Law. For the purpose of ensuring the quality of chemical sources of current and the environmental safety of technological production processes for the environment, producers shall ensure the carrying out of technical oversight at all stages of production. The quality of raw materials, component parts and technological production processes shall be overseen by the laboratory of the relevant producer or the laboratory involved on a contractual basis that shall be accredited according to the procedure established by the law. The producer shall place the information about the contents of dangerous substances and their compounds, the requirements to the utilization of chemical sources of current and the requirements to the treatment with dangerous waste chemical sources of current on jars of chemical sources of current and/or in the accompanying technical and maintenance documentation for chemical sources of current. State oversight of and supervision over the quality of chemical sources of current and the support for the environmental safety of technological production processes shall be carried out by central and local bodies of executive power in the area of industrial policy, in the area of standardization, metrology and certification, and in the area of the environmental protection according to the procedure established by the law.

Legal entities and private individuals (subjects of entrepreneurial activity) that use chemical sources of current shall, in particular:
  • ensure the utilization of chemical sources of current with the adherence to the requirements of the accompanying technical or maintenance documentation and information placed on jars of chemical sources of current;
  • carry out tracking and accounting of purchases and the utilization of chemical sources of current, the volumes of accumulation of waste chemical sources of current and the transfer thereof for recycling;
  • ensure the storage of waste chemical sources of current in specially designated places.

The environmental pecuniary deposit shall be paid to a special account of the State Budget as a guarantee that the consumer will fulfill their obligation to deliver waste chemical sources of current for recycling to a specialized production or a specialized enterprise for the recycling of waste chemical sources of current or to their receiving points. The obligation to pay the environmental pecuniary deposit shall be placed on legal entities and private individuals that are subjects of entrepreneurial activity and that use in their activities chemical sources of current with the capacity of 7 ampere-hours and higher. The rate of the environmental pecuniary deposit shall constitute five percent of the price of the relevant chemical source of current identified without due consideration for value-added tax. The calculation of the amount of the environmental pecuniary deposit shall be carried out on a quarterly basis with respect to chemical sources of current that were put into operation and/or that were purchased during the previous quarter. The calculation of the environmental pecuniary deposit shall be carried out from the date of putting chemical sources of current into operation, but not later than three months from the date of purchasing chemical sources of current. The calculated environmental pecuniary deposit shall be paid not later than the 20th day of the month following the relevant quarter. The terms and conditions for recycling waste chemical sources of current shall be set forth in Article 20 of the present Law.

Oversight in the area of chemical sources of current shall be carried out:
  • by central and local bodies of executive power and bodies of local government – with respect to the implementation of the general state, sectoral and regional programs in the area of chemical sources of current;
  • by central bodies of executive power – with respect to the implementation of government policy in the area of chemical sources of current, the licensing of activities in the area of chemical sources of current, the coordination of activities of subjects of the relations in the area of chemical sources of current that shall be subordinated thereto or that shall belong to the their area of administration;
  • by central and local bodies of executive power in the area of standardization, metrology and certification – with respect to the adherence to the requirements of government standards for technological production processes and the support for the quality of chemical sources of current and the recycling of waste chemical sources of current;
  • by central and local bodies of executive power in the area of the environmental protection – with respect to the support for the environmental safety of the production of chemical sources of current and the recycling of waste chemical sources of current, tracking and accounting of the volumes of accumulation of waste chemical sources of current and the transfer thereof for recycling.

The present Law shall supplement the Code on Administrative Offences of Ukraine with a new Article 82-7. According to this new Article, administrative responsibility shall be envisaged for violations of the procedure for tracking and accounting purchases and the utilization of chemical sources of current or the procedure for tracking and accounting the volumes of accumulation of waste chemical sources of current and the transfer thereof for recycling. The above-mentioned type of an administrative offence shall entail the imposition of a fine on officials from UAH 51.00 to UAH 85.00.

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