Ukraine Adopts Draft Law on Chemical Management

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsNovember 23, 2022

SG 132/22

Ukraine has adopted its draft law on the management of chemicals. With the exception of certain provisions, the new law will become effective on November 2, 2024

The Verkhovna Rada of Ukraine issued Resolution of October 18, 2022 ‘On Adoption as a Basis of the Draft Law of Ukraine on Chemical Safety and Management of Chemical Products’ (Reg. No. 8037). This new piece of legislation contains, several important provisions. It:

Creates a regulatory framework for the management of chemicals
Directs powers to government agencies
Defines responsibilities for economic operators
Implements the international classification of hazardous chemicals into national law
Mandates registration of chemicals
Fulfills requirements for the following international treaties:

Basel Convention (control of transboundary movements of hazardous wastes and their disposal)
Rotterdam Convention (Prior Informed Consent (PIC) for certain hazardous chemicals and pesticides)
Stockholm Convention (persistent organic pollutants (POP)), and
Minamata Convention (mercury)

Highlights of several provisions in the adopted draft law are summarized in Table 1.

Resolution of the Verkhovna Rada of Ukraine ‘On Adoption as a Basis of the Draft Law of Ukraine on Chemical Safety and Management of Chemical Products,’ October 18, 2022

Section to Adopted Draft Law	Highlights
Section I Article3 'Scope'	Management of chemical safety and chemical products Exemption: Active pharmaceutical ingredients Biocides Cosmetic products Disinfectants Medicinal products Nicotine-containing products Pesticides and agrochemicals Tobacco products
Section II ‘Subjects in the field of chemical safety and chemical product management’	Defines obligations for economic operators Defines powers for government agencies, including those for the central body of executive power in relation to: Adapting Ukrainian legislation on chemical safety management to EU legislation Rotterdam, Stockholm and Minamata Conventions
Section II Chapter IV ‘Ensuring chemical safety’	Implementation of the Globally Harmonized System of Hazard Classification and Labeling of Chemical Products (GHS) into national law Requires substances that are produced, imported, or as part of chemical products in a quantity of 10 tonnes or more per year to undergo a chemical substance safety assessment (procedures to be established by the Cabinet of Ministers of Ukraine) Safety assessment of a chemical substance must be carried out before state registration Creation of a Chemical Safety Management Information System
Section II Chapter V ‘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 mandatory fee payable state registration for substances (includes 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 II Chapter XII ‘International cooperation in the field of chemical safety and management of chemical substances’	Meets obligations in relation to Rotterdam, Stockholm and Minamata Conventions Prohibits the production, import and export of products containing mercury falling under Part I of Annex A to the Minamata Convention from 2023 (Article 80)

The adopted draft law on chemical safety and management of chemical products contains several important effective dates:

November 2, 2022, for date of entry into force – the day following its publication
November 2, 2024, for enforcement of the provisions in the law other than those indicated below
After the date of entry into force of the Minamata Convention on Mercury for Ukraine for Article 10 Clauses 23-25, Article 12 Clauses 12-13, Article 13 Clauses 17-20 and Articles 77-84

The adopted draft law directs the Cabinet of Ministers of Ukraine to issue legislation by May 2, 2024, for compliance with the law.

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