January 2025
On 26 January 2025, the Technical Regulation on the Safety of Chemical Products, approved by the Cabinet of Ministers of Ukraine in July 2024, will come into force.
The Regulation introduces rules for the registration of chemicals and was developed based on the EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). This forms part of legislative changes aimed at protecting human health and the environment.
Key principles and requirements
"No data, no market"
Chemical substances produced, imported or offered on the Ukrainian market in the amount of 1 tonne per year or more (including in aggregate as part of other chemical products) are subject to mandatory state registration.
Who has to register
Manufacturers and importers of chemical products that produce/import/offer a chemical substance in the amount of 1 tonne per year or more (including in aggregate as part of other chemical products) on the Ukrainian market.
Foreign manufacturers whose chemical products are supplied to Ukraine may undergo the state registration procedure instead of the respective importers. To this end, they must have a specially appointed representative in Ukraine (analogous to the “Only Representative” under the REACH Regulation in the EU). In such cases, importers will be considered as “downstream users” and will no longer be required to register.
When to register
Manufacturers and importers of chemical products that produce/import/offer a chemical substance in the amount of 1 tonne per year or more (including in aggregate as part of other chemical products) on the Ukrainian market.
The Regulation and, accordingly, the requirements for the mandatory registration of chemicals becomes effective on 26 January 2025.
However, certain exceptions to the registration deadlines are provided:
1. Until 26 January 2026, chemical products that have already been offered on the market prior to 26 January 2025, may continue to be offered on the market, even if they do not meet the requirements of the Regulation, without registration.
2. From 26 January 2025 to 26 January 2026, it will be possible to undergo the pre-registration procedure for existing chemicals (those that have already been offered on the Ukrainian market before 26 January 2025). In such cases, extended deadlines for state registration will apply to these substances:
- until 1 October 2026 – for substances produced/imported/offered on the Ukrainian market in the amount of 1,000 tonnes per year or more;
- until 1 June 2028 – for substances produced/imported/offered on the Ukrainian market in the amount of 100 to 1,000 tonnes per year;
- until 1 March 2030 – for substances produced/imported/offered on the Ukrainian market in the amount of 1 to 100 tonnes per year.
The Regulation provides additional exceptions/special rules for certain substances, chiefly depending on the respective assessed hazard.
How to register
In order to be registered, applicants must file an application with the Ministry of Environmental Protection and Natural Resources of Ukraine and submit the required supporting documents in paper or electronic form.
If the production and/or import of an identical chemical substance is anticipated by one or more producers and importers, they must jointly submit the necessary registration information.
A simplified registration procedure may be applied for chemicals already registered in the European Union.
Contacts
For more information please contact: Olena Kuchynska, Managing Partner, at olena.kuchynska@kinstellar.com, Tetiana Kolha, Senior Associate, at tetiana.kolha@kinstellar.com.
