Ukraine Notifies WTO of the Adoption of New Labelling Rules for Ozone-Depleting Substances and Fluorinated Greenhouse Gases

On 9 September 2024, Ukraine notified the WTO of the adoption of Order No. 661 entitled "On Approval of the Procedure for Labelling of Controlled Substances, Goods, and Equipment". The Order, issued by the Ministry of Environmental Protection and Natural Resources on 10 June 2024, will come into effect on 1 March 2025.

The Order outlines mandatory labelling requirements for ozone-depleting substances (ODS) and fluorinated greenhouse gases (F-GHG), as listed in Annexes 1 and 2 to the Law of Ukraine "On Regulation of Economic Activities with Ozone-Depleting Substances and Fluorinated Greenhouse Gases", as well as goods and equipment containing them.  It aims to increase transparency and compliance and ensure that consumers and authorities are informed about the environmental impact of these substances.

Alignment with EU Regulations

The procedure is based on the requirements of Article 12 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases, which repealed Regulation (EC) No 842/2006. It also follows Commission Implementing Regulation (EU) 2015/2068 of 17 November 2015, which sets out the format of labels for products and equipment containing fluorinated greenhouse gases. This alignment ensures that Ukrainian regulations are consistent with European standards, facilitating compliance for companies involved in international trade.

Scope and Application

The Order applies to companies involved in the import, export or marketing of products containing controlled substances. Items such as refrigeration equipment, air conditioning equipment, heat pumps, firefighting equipment, electrical switching equipment and aerosol sprays are subject to mandatory labelling.

Specific Labelling Requirements

Products containing controlled substances must be labelled with:

- Information confirming the presence of controlled substances.

- The industrial and chemical name of the substance.

- The quantity of the controlled substance in kilograms and its potential ozone depleting and global warming potential equivalents in tonnes.

For substances intended for special uses, such as military or semiconductor applications, additional text is required, including phrases such as "For disposal only" or "For use in military equipment only".

Packaging and Marking Guidelines

Labels must be durable, clearly legible and placed in visible locations on the product, i.e. near service ports used for filling or collecting of controlled substances or on the part of the product or equipment that contains the controlled substances. Recycled or regenerated substances shall be labelled "100% recycled". For products below 125 ml, this information may be included in the accompanying documentation in lieu of direct labelling.

Implementation and Supervision

The Order, which was registered with the Ministry of Justice on 7 August 2024, will come into force six months after its publication, on 1 March 2025, and its implementation will be overseen by the Department of Industrial Pollution Prevention and Climate Policy.