Ukraine has published draft Technical Regulation (TR) on the Safety of Chemical Products (the Ukrainian REACH). The draft TR aims to impose requirements for registration, assessment, authorization and restriction of chemicals in Ukraine. The draft TR has been aligned with the provisions of the Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) but has been tailored to suit the Ukrainian regulatory framework.
The competent authority that is to execute market surveillance and enforce compliance with the provisions of the TR would be the State Food Safety and Consumer Rights Protection Service of Ukraine.
The requirements of the draft Technical Regulation would apply to chemical products that are placed on the market of Ukraine and used by national downstream users (“subsequent users”) or consumers or produced in Ukraine without being placed on the Ukrainian market.
The draft TR sets out a number of framework definitions that are necessary for the functioning of the Ukrainian REACH and for the Ukrainian system of registration, authorisation and evaluation of chemicals.
For example, a downstream user (a “subsequent user”) has been defined as any natural or legal person of Ukraine, except for the manufacturer or importer (authorized representative of a foreign manufacturer), who participates in the supply chain of a chemical, mixture or a product and uses the chemical in the course of its production or professional activities; the distributor or consumer is not considered a downstream user; the re-importer of a chemical substance for which the exemption from state registration is applied shall be considered as a downstream user.
Chemical products that are exempt from the application of the Ukrainian REACH are mostly the same as the exemptions from the Ukrainian CLP.
The draft TR further sets out the requirements and procedures for registration, evaluation and authorisation of chemical products.
The text of the draft TR has been published on the official website of the Ministry for Development of Economy, Trade and Agriculture of Ukraine and the final date for comments is set as 10 April 2021.