On 8 April 2024, the Ministry of Environmental Protection and Natural Resources of Ukraine notified to the World Trade Organization (WTO) a revised draft Technical Regulation "On Approval of the Technical Regulation on Safety of Chemical Products" to. The revised version includes suggestions and technical modifications compared to the previous version notified on 20 September 2023 (G/TBT/N/UKR/179/Rev.1).

Stakeholders and interested parties now have a 60-day window from the date of notification to provide their input on this draft regulation and help shape Ukraine's chemical safety landscape.

Harmonisation with EU Standards

This draft Technical Regulation is based on the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, commonly known as EU-REACH.

By aligning with these European standards, Ukraine aims to synchronise its chemical safety practices with those of the European Union.

Key Elements of the Revision

The draft Technical Regulation has been drafted in accordance with the provisions of the Law of Ukraine "On Ensuring Chemical Safety and Management of Chemical Products." Its main objective is to ensure a high level of protection of human health and the environment, while facilitating the free circulation of chemical products, promoting alternative methods of assessing chemical hazards, and encouraging innovation to improve competitiveness. The Regulation sets out requirements for the safety of chemicals at all stages of production, distribution, and use stages, including chemicals in mixtures and products.

At the heart of the Regulation is the precautionary principle, which requires manufacturers, importers and users to ensure that their chemicals do not pose a risk to human health or the environment. Chemical products that do not meet the requirements of this Technical Regulation cannot be placed on the market in Ukraine.

Transitional Provisions and Timeline

A transitional period of one year from the date of entry into force of the Regulation is provided for chemical products already in circulation that do not comply with the requirements of the Regulation.

The date of adoption of the Technical Resolution is yet to be determined, and its enforcement is scheduled to take place six months after its publication.

On 22 February 2024, the Ministry of Environmental Protection and Natural Resources of Ukraine published the Draft Law of Ukraine on Plant Protection Products and Fertilizers. The draft law was notified to the World Trade Organization (WTO) on 27 February 2024. This legislative initiative is a proactive step to ensure Ukraine’s compliance with EU standards.

Alignment with EU Standards for Plant and Fertilizer Products  

The proposed draft law aims to establish comprehensive procedures for introducing plant protection products (PPPs) and fertilizers to the market in line with current EU regulations. In particular, it aims to align with Regulation (EU) 2019/1009, which sets out rules for the availability of fertilizer products in the EU and Regulation (EC) No 1107/2009 on the placing of plant protection products on the market.

The purpose of the draft law is to:

- Define terminology and basic concepts for the authorisation of active substances, antidotes, and synergists in preparative forms of plant protection products.

- Specify unacceptable co-formulants that cannot be included in plant protection products.

- Harmonise procedures for making fertilizers available on the market.

- Define the procedure for the management of hazardous waste arising from the use of plant protection products.

Conformity Assessment

The legislation sets out the obligations of companies in carrying out conformity assessments and managing the placing of fertilizers on the market. In addition the legislation announces the forthcoming adoption of a separate government resolution on the Technical Regulation on conformity assessment of fertilizing products.

Current Legislation on Pesticides and Agrochemicals

Currently fertilizers and PPPs in Ukraine are regulated by Law No. 86/95-BP on Pesticides and Agrochemicals. This law will be repealed when the draft law enters into force. However, all valid pesticide registrations made in accordance with the Law on Pesticides and Agrochemicals and in force on the date of the draft law's enactment, will remain valid until the expiry of the registration period without requiring approval for antidotes or synergist substances within the preparative form.

Timeline

The date of adoption of the draft law has not yet been determined. The law will enter into force the day after its publication and will be enacted 24 months later, except for certain provisions which will enter into force after 36 months.