The implementation of the two main EU technical regulations on chemicals – REACH and CLP – in Ukraine should be gradual and include a certain transition period.
This was emphasized by the member companies of the European Business Association (EBA) in their appeal to Ukrainian officials published on the EBA website.
What are these documents?
REACH (Registration, Evaluation and Authorization of Chemicals) is the EU regulation on chemicals and their safe use (EU 1907/2006). It concerns the registration, evaluation, authorization and prohibition of the use of chemical substances.
This document provides for the mandatory registration of all chemicals produced or imported into Ukraine, with the submission of relevant information to the Ministry of Environmental Protection and Natural Resources of Ukraine.
CLP (Classification, Labeling and Packaging) is an EU regulation concerning the classification, labeling and packaging of chemicals and mixtures in the European Union (EU 1272/2008). It is part of the EU chemical legislation and adapts the European system to the internationally recognized GHS criteria (Globally Harmonized System of Classification and Labeling of Chemicals, developed by the United Nations). It is legally binding in all EU member states and is directly applicable to all industries.
This regulation provides for the classification and labeling of chemicals in accordance with the international GHS system, as well as the submission of notifications to the Ministry of Environment and the Ministry of Health (MoH).
What challenges and risks does the business see?
Stakeholders reiterated that they support gradual approximation to European standards, but emphasized the following important points:
1. Business representatives are waiting for detailed information on the practical aspects of implementing both regulations and the government's long-term plans in this area. Among other things, they would like to get acquainted with:
- the procedure for pre-registration of substances;
- information on the status of the launch of the State Register of Chemicals;
- plans to cover agrochemicals;
- timelines and responsible authorities.
2. They insist on ensuring constant communication with government agencies, holding consultations and creating conditions for gradual adaptation to the new requirements.
3. Industrialists consider it appropriate to introduce a transition period and provide sufficient time for preparation, including updating documentation, training staff, and organizing internal processes.
4. Separately, stakeholders asked to consider postponing the implementation of the requirements until 2030 or until the appropriate infrastructure is built to implement them.
5. They also propose to set up joint working groups with business representatives to continue the dialogue on the specifics of implementing the regulations and providing business with a transition period.
The EBA has sent its requests and proposals to the Cabinet of Ministers of Ukraine, the Ministry of Ecology, the Ministry of Health, the Ministry of Agrarian Policy and Food of Ukraine, and the Verkhovna Rada Committee on Environmental Policy and Nature Management.
As a reminder, the Cabinet of Ministers approved both of these regulations, which implement EU norms, last year: On May 10, the Technical Regulation on Hazard Classification, Labeling and Packaging of Chemical Products, and on July 24, the Technical Regulation on the Safety of Chemical Products.
