Ukraine Takes Steps to Improve Chemical Safety: GHS Implementation Unveiled in Draft Resolution

On 16 February 2024, the Ukrainian Cabinet of Ministers published a draft resolution aimed at improving chemical product safety standards. The proposed legislation, entitled "On the Approval of the Technical Regulations for the Classification of Hazards, Labelling, and Packaging of Chemical Products," aims to align Ukraine's chemical safety protocols with European Union standards and United Nations guidelines.

Developed under the provisions of the Law of Ukraine on Ensuring Chemical Safety and Management of Chemical Products and other relevant national laws, this draft resolution is an important step towards harmonising Ukraine's chemical safety regulations with international benchmarks, in particular the EU Regulation No. 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (the CLP Regulation) and the UN Globally Harmonized System (GHS) on the Classification and Labelling of Chemicals.

The draft resolution was notified to the World Trade Organization (WTO) on 27 February 2024.

Key Highlights of the Draft Resolution

- The resolution mandates the adoption of the Technical Regulation for the Classification, Labelling, and Packaging of Chemical Products, ensuring compliance with both EU legislation and UN standards.

- The Ministry of Environmental Protection and Natural Resources will be tasked with overseeing the implementation of these technical regulations.

- A transition period is proposed to allow chemical products that do not fully comply with the new regulations to remain on the market for a period of time to ensure a smooth transition for businesses.

- Amendments to existing laws and executive orders will be required to bring them into line with this resolution, underlin the comprehensive approach to chemical safety.

- The resolution is scheduled to enter into force on 29 June 2024, with certain provisions coming into force on 1 January 2025 to address implementation logistics.

Objective and Scope

The primary objective of this Regulation is to protect public health and the environment by establishing strict criteria for the hazard classification, labelling, and packaging of chemical products. By setting clear requirements for the identification and communication of chemical hazards, Ukraine aims to facilitate the safe handling of chemical substances and mixtures, thereby ensuring the well-being of its citizens and the ecological integrity of its territories.

The draft resolution covers a wide range of chemical products, excluding only those explicitly listed, such as radioactive materials, non-isolated intermediates, and certain products used exclusively in scientific research, among others.

Public and Stakeholder Engagement

The Cabinet of Ministers is inviting public feedback and stakeholder input on the draft resolution, underscoring the government's commitment to transparency and collaborative policymaking. This participatory approach is expected to refine the regulations and ensure their effectiveness in protect human health and the environment. The deadline for comments is 16 March 2024.

Conclusion

Ukraine's proactive measures to update its chemical safety standards reflect its commitment to protecting the environment and public health. By aligning with international regulations, Ukraine is not only improving its domestic safety protocols but also facilitating the smoother cross-border trade and handling of chemical product.