Environmental and water control in Ukrainian agriculture

1. Pesticides and agrochemicals use

In Ukraine, pesticides are toxic substances, their compounds and mixtures of substances of chemical or biological origin, intended to destroy, regulate and stop the development of pests.

Related article: Legal regulation of pesticide and agrochemical use in Ukraine

Agrochemicals are organic, mineral, and bacterial fertilizers, chemical ameliorants, plant growth regulators and other substances intended to increase soil fertility, crop yields and improve the quality of crop products.

The list of pesticides and agrochemicals that may be used in Ukraine is determined based on the State Register of Pesticides and Agrochemicals Permitted for Use in Ukraine. This register is open, up-to-date, and available on the website of the Ministry of Environmental Protection and Natural Resources of Ukraine.

All pesticides’ and agrochemicals’ formulations must be registered in this Register. Until the state registration, pesticides and agrochemicals’ use, import into Ukraine, production, trade, and advertising are prohibited.

Related article: Aerial pesticide treatment in Ukraine: legal aspects

Some types of agrochemicals may be used without registration. Such types are included in a special list contained in the appendix to the relevant law “On pesticides and agrochemicals”.

Ukrainian legislation classifies pesticides as dangerous goods, so their transportation is carried out under special conditions of transportation.

Pesticides can be stored only in specially equipped warehouses that meet the established state standards and undergo annual certification. Ukrainian legislation sets the size of sanitary protection zones depending on the amount of pesticides stored in a particular warehouse.

As a general rule, the use of chemicals should be mechanized with the help of special equipment and techniques: sprayers, atomizers, etc.

The legislation of Ukraine sets restrictions on terms of actual use of pesticides in fieldwork and weather conditions and time of day when they can be applied. The use of pesticides in fieldwork by aerial spraying is regulated separately.

Ukrainian legislation prohibits to involve in work with pesticides and agrochemicals persons who are not allowed to work with pesticides and agrochemicals, persons under the age of 18 and several other categories of employees.

In Ukraine, pesticide containers should be disposed of by manufacturers or specialized enterprises with the appropriate license. Most large manufacturers and importers make advance payments for the disposal of containers. Therefore, in most cases, Ukrainian agricultural companies return containers to the manufacturer or transfer them to the appropriate licensed company for disposal.

Paper and wooden containers should be disposed of by licensed companies but most farmers or agricultural companies simply burn them.

In Ukraine, violations of the law on pesticides and agrochemicals entail civil, disciplinary, administrative, or criminal liability.

2. Emissions

Emissions of pollutants into the atmospheric air may only be made by an enterprise that has received a permit to emit pollutants into the atmospheric air by the stationary sources. In the agricultural sector, such enterprises include, e.g., grain elevators operating grain dryers.

A permit for the emission of pollutants must be obtained by all grain elevators that intend to operate grain dryers. The permit can be granted by the Department of Ecology and Natural Resources of the Regional State Administration. The permit is issued free of charge within 30 days from the date of receipt of the application.

3. Waste

Waste management in the agricultural sector is mainly regulated by the general environmental regulations. In Ukraine, the waste management legislation imposes the following obligations on the agricultural companies:

to prevent and reduce the generation of waste;
to ensure receiving and eliminating the used packaging materials and containers with agricultural products;
to keep records and determine the composition and properties of the agricultural waste generated as a result of a company’s business activity;
to ensure disposable collection, proper storage and avoidance of waste disposal and spoilage subjected to an appropriate technology existing in Ukraine;
to participate in the construction of waste management facilities;
to ensure waste recycling or disposal;
not to allow waste storage or disposal in unauthorized places or facilities;
to monitor the condition of disposal places or facilities for waste generated as a result of a company’s business activity;
to pay fees for the waste disposal in a timely manner, etc.

A separate regulation is established for the management of waste associated with the use of pesticides and agrochemicals, as well as animal waste (dead animals, waste generated as a result of the manufacture of animal-based products).

Animal waste shall be disposed of by specialised companies.

4. Control over water use

In Ukraine, water use may be general or special.

General water use is carried out by citizens for their needs through waterbodies without using building structures or technical devices as well as through wells free of charge, without assigning waterbodies to individuals and without granting relevant permits.

Special water use implies water withdrawal from the water bodies with the use of building structures or technical devices, water use and dumping of pollutants into the water bodies. Water use of up to 5 m³ per day is not considered special water use.

A rental fee is charged only for special water use. The rent amount depends on the source of water supply (surface water or groundwater) as well as the region where the source is located.

Agricultural holdings that pay taxes under the 4th Group of single tax payers are exempt from rent for special water use. Agricultural holdings that use water solely for drinking, sanitation, and hygiene purposes are also exempt from rental payments.

In addition to the exemption from rental payments for special water use, the agricultural producers in Ukraine who meet the criteria for the 4th Group of single tax payers have the right to use water from wells without a special permit for subsurface use.

In order to carry out special water use, a special permit shall be received from the State Water Agency. The most common cases when a Ukrainian agricultural producer has to obtain a permit for special water use, concern withdrawal of water from the surface or underground sources and its use for irrigation, for the company needs or for transfer to third parties, as well as the use of water bodies for fish farming.

It should also be taken into account that in some cases when the law exempts an agricultural company from obtaining a permit for special water use or a rental fee for special water use, there is still a necessity to obtain permits for other activities. E.g., if a Ukrainian agricultural company supplies water to citizens through centralised networks, it shall obtain a license for the centralised water supply.

While irrigating the lands, agricultural companies in Ukraine are obliged to take measures to prevent waterlogging, swamping, salinisation and contamination of these lands. The use of the wastewaters for irrigation requires a separate permit and approval from the relevant state authorities related to the sanitary and veterinary policy in Ukraine.

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