Ukraine Advances Chemical Safety Measures with Notification of Revised Technical Regulation to WTO

On 8 April 2024, the Ministry of Environmental Protection and Natural Resources of Ukraine notified to the World Trade Organization (WTO) a revised draft Technical Regulation "On Approval of the Technical Regulation on Safety of Chemical Products" to. The revised version includes suggestions and technical modifications compared to the previous version notified on 20 September 2023 (G/TBT/N/UKR/179/Rev.1).

Stakeholders and interested parties now have a 60-day window from the date of notification to provide their input on this draft regulation and help shape Ukraine's chemical safety landscape.

Harmonisation with EU Standards

This draft Technical Regulation is based on the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, commonly known as EU-REACH.

By aligning with these European standards, Ukraine aims to synchronise its chemical safety practices with those of the European Union.

Key Elements of the Revision

The draft Technical Regulation has been drafted in accordance with the provisions of the Law of Ukraine "On Ensuring Chemical Safety and Management of Chemical Products." Its main objective is to ensure a high level of protection of human health and the environment, while facilitating the free circulation of chemical products, promoting alternative methods of assessing chemical hazards, and encouraging innovation to improve competitiveness. The Regulation sets out requirements for the safety of chemicals at all stages of production, distribution, and use stages, including chemicals in mixtures and products.

At the heart of the Regulation is the precautionary principle, which requires manufacturers, importers and users to ensure that their chemicals do not pose a risk to human health or the environment. Chemical products that do not meet the requirements of this Technical Regulation cannot be placed on the market in Ukraine.

Transitional Provisions and Timeline

A transitional period of one year from the date of entry into force of the Regulation is provided for chemical products already in circulation that do not comply with the requirements of the Regulation.

The date of adoption of the Technical Resolution is yet to be determined, and its enforcement is scheduled to take place six months after its publication.