On December 5, the Cabinet of Ministers of Ukraine amended two key documents in the field of chemical safety, UA-CLP and UA-REACH, which are Ukrainian equivalents of EU regulations. The amendments postpone the application of new European requirements. According to government officials, they have given officials additional time to harmonize Ukrainian procedures with European requirements, as well as to businesses to adapt to the new rules in the context of martial law and limited resources.
EcoPolitic spoke with Olena Koshyk, a lawyer and founder of Koshyk & Partners Law Firm, which specializes in legal support for the chemical business, and an expert at the Professional Association of Environmentalists of the World (PAEW) on agrochemistry and chemical products, about the real reasons for the postponement of the requirements and Ukraine's readiness for their full implementation. and an expert on agrochemistry and chemical products at the Professional Association of Environmentalists of the World (PAEW), Olena Koshyk.
— Has the state provided businesses with clear and detailed information on the practical aspects of implementing the REACH and CLP regulations in Ukraine?
— The short answer is no.
The Ukrainian REACH and CLP regulations have certainly caused a significant informational resonance in the chemical products market, but people often fear what they do not know. This is where the main problem arises—a complete lack of effective communication between the state and business.
The Law "On Chemical Safety and Chemical Product Management" was adopted back in 2022. It is a framework document that initiated a large-scale reform. The reform is complex, multi-stage, and costly – both for the state and for business. However, in the nearly four years since the law was passed, the state has provided virtually no practical guidance. The transition period is coming to an end, the government is announcing the resumption of inspections, and there is no quality information available.
What do we have in practice? Over 2,000 pages of regulations. These must be reviewed by specialists in the field, whom businesses have yet to find. While large manufacturers have chemists, technologists, or ecologists on staff, a significant portion of importers do not even have lawyers.
In such conditions, pseudo-experts are rapidly appearing on the market, offering REACH adaptation for significant sums of money, but limiting themselves to translating safety data sheets, which does not meet the requirements. It is impossible to verify the quality of services because the state has not even defined basic criteria.
Since 2022, our law firm has sent dozens of official requests to various authorities asking for clarification due to existing legal contradictions and gaps. In response, we have received mostly formal replies. At the same time, the reform has been significantly slowed down by the constant reorganization of agencies: specialists simply did not have time to delve into the subject before the structure was changed again.
Industry associations repeatedly emphasized that businesses were physically unable to adapt to the requirements. Frankly speaking, the state was also unable to keep up, as no subordinate mechanisms had been developed in addition to the law and regulations.
Currently, there is only a template for preliminary registration and a form for reporting hazard classification. That is all. This raises the rhetorical question: is fulfilling European obligations in the field of chemical safety merely a matter of drafting a law without creating mechanisms for its implementation?
— Are the postponement periods approved by the government sufficient?
— The short answer is no. Real businesses say that 7–10 years are needed.
On December 5, the government approved amendments to two key documents in the field of chemical safety. Officially, the goal is to harmonize Ukrainian procedures with European requirements and give businesses the opportunity to adapt. In reality, however, the reason was the state's delay in fulfilling its own obligations.
What exactly has changed?
- Products that were on the market before the CLP Regulation came into force are allowed to be placed on the market for another year.
- CLP requirements are postponed until:
- November 15, 2027 – for substances;
- May 1, 2028 – for mixtures.
- REACH requirements are being implemented gradually:
- by October 1, 2029 – over 1,000 t/year;
- by June 1, 2031 – 100–1,000 t/year;
- by March 1, 2033 – 1–100 t/year.
- Preliminary state registration – an open question. Officially, it has been stated that its term has been extended for another year. However, no changes have been made to point 142 of the regulation itself. This provision was included in the draft resolution but did not make it into the final version. Therefore, formally, preliminary registration should end on January 26, 2026, although the political rationale for the decision may also point to 2027. Due to this legal uncertainty, we need to request official clarification, which we are currently doing.
Our law firm assists businesses in adapting to the new requirements in the field of chemical safety. One of the most challenging aspects is obtaining the necessary documentation from foreign manufacturers, who are often reluctant to disclose the full composition of substances, citing trade secrets.
In addition, it is important to consider adaptation of a company’s internal policies, which covers a wide range of procedures.
- Internal company processes and policies:
- chemical substance management (REACH compliance);
- maintenance and updating of SDS (Safety Data Sheets);
- identification and record-keeping of chemical substances;
- communication with suppliers and customers regarding composition, hazards, and restrictions;
- updating information on the Candidate List, restrictions, and classifications;
- development of instructions for safe handling and occupational safety;
- maintenance of SDS logs;
- creating a register of substances from the Candidate List;
- preparation of response forms on the presence of SVHC in articles.
- Contracts and external documents:
- inclusion of provisions on REACH compliance, provision of SDS, and information exchange in contracts;
- defining customers’ and distributors’ obligations regarding proper use of substances;
- setting procurement requirements for suppliers and adapting tender documentation.
Is the time provided by the state sufficient? The question is not about the amount of time, but when the state will provide businesses with a roadmap for reform.
Ukrainian businesses are operating in conditions of military aggression: shelling, destruction of property, and staff shortages. In such conditions, implementing complex chemical reform without instructions and official materials is an almost impossible task.
Currently:
- there are no official clarifications;
- registration procedures are not approved;
- lists of substances have not been defined;
- no technical guides are available;
- the Chemical Safety Information System, as required by law, is not operational.
I hope that the Ministry will accelerate its efforts and ensure the creation of this system-a tool for collecting, analyzing, storing, and exchanging data about chemical substances, their hazards, and circulation. This will be the key to transparency, increasing awareness, and responsible handling of chemicals in full compliance with European standards.
