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Ukraine Issues New Law on Chemical Safety and Management of Chemical Products

SafeGuardSHardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile Products, AutomotiveJanuary 09, 2023

SG 03/23

Ukraine has published a new piece of legislation on chemical safety and the management of chemical products. The new law will apply from June 29, 2024.

On December 28, 2022, Ukraine issued Law No. 2804-IX of December 1, 2022 on Ensuring Chemical Safety and Management of Chemical Products in the Voice of Ukraine (Голос України – No. 263). This new piece of legislation stems from Ukraine’s announcement of On Adoption as a Basis of the Draft Law of Ukraine on Chemical Safety and Management of Chemical Products (Reg. No 8037) and was finalized prior to adoption as Law No. 2804-IX on December 1, 2022.

This comprehensive piece of legislation contains 12 sections with a regulatory framework for the management of chemicals. It defines legal, organizational and economic principles to protect human health and the environment from the risks that can be posed by chemicals, establishes requirements for economic operators, and seeks to ensure chemical safety and the management of chemical products by considering the nation’s international obligations.

Highlights of several sections in Law No. 2804-IX of December 1, 2022 are summarized in Table 1.

Law No. 2804-IX of December 1, 2022 on Ensuring Chemical Safety and Management of Chemical Products , Voice of Ukraine, No. 263, December 28, 2022.

Section I
Article 3 Scope of the law
  • Chemical safety and the management of chemical products
    • Exemption:
      • Active pharmaceutical ingredients, biocides, cosmetic products, disinfectants, medicinal products, nicotine-containing products, pesticides and agrochemicals, and tobacco products
Section I
Article 7 Rights and obligations for economic operators
  • Defines obligations for business entities
Section II
Authorities of state government bodies and local government bodies in the field of ensuring chemical safety and the management of chemical products
  • Defines powers for government agencies, including those in relation to:
    • Establishing procedures for the creation and administration of the Chemical Safety Management Information System
    • Adapting Ukrainian legislation on chemical safety management to EU legislation
    • Rotterdam Convention on the procedure for prior informed consent (PIC) for certain hazardous chemical substances and pesticides in international trade
    • Stockholm Convention on persistent organic pollutants (POP)
    • Minamata Convention on mercury
Section III
Ensuring Chemical Safety
  • Implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) into national law
  • Requires substances that are produced, imported, or as part of chemical products in a quantity of ten tonnes or more per year to undergo a chemical substance safety assessment (procedures to be established by the Cabinet of Ministers of Ukraine)
Section IV
Requirements for production and use of chemical products
  • Chemical product hazard classification is based on GHS
  • Chemical products are classified according to hazard classes in the law
  • Defines labeling information requirements on the packaging or other container of dangerous chemical products
  • Defines general safety requirements for chemical product packaging
  • Details the criteria for identification of substances
  • Requires fee payable state registration for substances (including those in chemical products) that are produced, imported or placed into circulation in a quantity of one tonne or more per year per each business entity (joint submission for an identical chemical substance by different business entities is allowed)
  • Establishes bans/restrictions on chemicals that pose an acceptable risk to public health or the environment
Section V
Permissive system in the field of ensuring chemical safety
  • Permits are required for the use of particularly dangerous chemical substances that are withdrawn from the market
Section VI
State supervision (control) in the field of ensuring chemical safety and management of chemical products
  • Defines powers for state market supervision bodies
  • Penalties for violations
Section VII
Planning in the field of ensuring chemical safety
  • Development of chemical safety management plans at the regional and national levels
Section VIII
Financial and economic tools in the field of chemical safety and chemical product management
  • Defines expenditure and insurance
Section XII
Final and transitional provisions
  • December 29, 2022, for date of entry into force (the day following its publication)
  • June 29, 2024, for date of applicability (18 months after the date of entry into force)*
*Several clauses will become effective from the day the Minamata Convention on mercury enters into force for Ukraine.

Table 1

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