SG 123/23
Ukraine has informed the WTO of its intention to approve the nation’s draft law for the management of chemical substances. If approved, the new law will enter into force three months after its publication.
On September 20, 2023, the World Trade Organization (WTO) announced a draft resolution from Ukraine’s Ministry of Environmental Protection and Natural Resources (Міністерство захисту довкілля та природних ресурсів) on its intention to approve the nation’s technical regulation on the safety of chemical products.
The draft technical regulation, modeled on Regulation (EC) No. 1907/2006 ‘Registration, Evaluation, Authorization and Restriction of Chemicals (REACH, consolidated version to August 2023) in the European Union (EU), is a comprehensive piece of legislation on the management of chemicals. It:
- Details the procedures and registration requirements for chemicals, whether on their own, in mixtures or in articles, if they meet certain criteria and/or threshold levels (no data no market)
- Sets forth the information required to support substance registration (tonnage dependent)
- Exempts certain substances from registration
- Specifies the criteria for notification of substances of very high concern (SVHC) in articles
- Allows a simplified substance registration procedure for producers, importers and authorized representatives (only representatives, OR) of non-Ukraine producers who fulfilled the requirements for the registration of such substances under REACH
- Sets out additional obligations for registrants once they have registered a substance
- Describes the requirements for a safety data sheet (SDS)
- Indicates the obligation of suppliers of an article to communicate information on SVHC to recipients of the article and consumers (cf. Article 33 of REACH)
- Details a list of chemicals and their scope of restriction (Annex XVII ‘Restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles’
It is interesting to note that the date of applicability for certain chemicals or certain provisions in a restricted chemical in Annex XVII to the draft technical regulation is January 1, 2025. Examples include:
- Tris(2,3-dibromopropyl phosphate (entry 4)
- Tris(aziridinyl) phosphinoxide (7)
- Cadmium (23)
- Nickel (27)
- Chromium (VI, 47)
- DIBP in toys and childcare articles (51)
- BBP, DBP, DEHP and DIBP in articles other than toys and childcare articles (51)
- Dimethyl fumarate (61)
- Bisphenol A (BPA, 66)
- Carcinogenic, mutagenic or toxic for reproduction (CMR) category 1A or 1B substances in Appendix 12 (72)
The draft technical resolution has not adopted the requirements for formaldehyde emission from articles under entry 77 to Annex XVII of REACH (SafeGuardS 91/23)
Per the draft law, the resolution is proposed to enter into force three months after its publication.
The draft resolution is available from the aforementioned WTO website or Ukraine’s Ministry of Environmental Protection and Natural Resources website.
Abbreviations
| Abbreviation | Chemical Name | CAS Number |
|---|---|---|
| BBP | Benzyl butyl phthalate | 85-68-7 |
| DBP | Dibutyl phthalate | 84-74-2 |
| DEHP | Bis(2-ethylhexyl) phthalate | 117-81-7 |
| DIBP | Diisobutyl phthalate | 84-69-5 |
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