Ukraine Publishes Draft Law to Align with EU Regulations on Plant Protection Products and Fertilizers.

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 This law will be repealed when the draft law enters into force.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.