Chemical products

Draft Resolution of the Cabinet of Ministers of Ukraine "On Amendments to Resolutions of the Cabinet of Ministers of Ukraine No. 539 of 10 May 2024 and No. 847 of 23 July 2024"; (3 page(s), in Ukrainian)

The draft Resolution provides for extending the deadlines for implementing the Technical Regulation on Hazard Classification, Labeling and Packaging of Chemical Products, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 539 of 10 May 2024 (notified in G/TBT/N/UKR/180/Rev.2/Add.1) and the Technical Regulation on Safety of Chemical Products, approved by the Resolution of the Cabinet of Ministers of Ukraine No 847 of 23 July 2024 (notified in G/TBT/N/UKR/179/Rev.2/Add.1).

As regards the Technical Regulation on Hazard Classification, Labeling, and Packaging of Chemical Products, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 539 of 10 May 2024, the amendments provide for allowing the continued marketing of chemical products already placed on the market before the entry into force of this Technical Regulation for a period of 18 months instead of one year, as originally specified in Resolution No. 539 (i.e., until 15 May 2026).

The amendments also postpone the application of the Regulation until 15 November 2027 for chemical substances and 1 May 2028 for mixtures.

In addition, a provision is introduced stipulating that the placing on the market of chemical products whose labeling and/or packaging does not comply with the requirements of Sections 3 and/or 4 of the Technical Regulation, and which were placed on the market before 1 January 2027, shall not be prohibited or restricted on the grounds of non-compliance with those requirements until 1 July 2028.

Concerning the Technical Regulation on Safety of Chemical Products, approved by the Resolution of the Cabinet of Ministers of Ukraine No 847 of 23 July 2024, the amendments stipulate that chemical products placed on the market before the entry into force of this Technical Regulation and not complying with its requirements may be placed on the market for a period of 18 months instead of one year from the date of its entry into force, as originally specified in Resolution No. 847 (i.e., until 26 July 2026).

The amendments also provide that items 17, 18, 20, 21, 67 and 72 of the Technical Regulation shall not apply if an existing chemical substance is manufactured or placed on the market: in quantities of 1,000 tonnes per year or more – until 1 October 2029; in quantities of 100–1,000 tonnes per year – until 1 June 2031; in quantities of 1–100 tonnes per year – until 1 March 2033.

Items 17, 18, 20, 21, 67 and 72 of the Technical Regulation shall not apply until 1 October 2028 for existing chemical substances that meet the hazard classification criteria set out in the Technical Regulation on Hazard Classification, Labeling, and Packaging of Chemical Products (Resolution No. 539 of 10 May 2024).

The amendments to item 66 of the Technical Regulation provide that other chemical substances that are manufactured or imported as individual substances in quantities of one tonne per year or more, or collectively within any types of chemical products, exclusively for the production of plant protection products (pesticides) or disinfectants (biocides), shall be subject to state registration in accordance with the provisions of Section 2 of this Technical Regulation. The requirement for prior state registration of a chemical substance, as set out in item 142 of the Technical Regulation, is proposed to be extended by one year.