Ukraine REACH Expected to Come into Force in June, Enterprises Facing Registration Challenges

The Ministry of Environment Protection and Natural Resources of Ukraine has issued the Ukraine REACH Resolution - "On the Approval of Technical Regulations on the Safety of Chemicals" and is open for comments as of March 22, 2024.

The Ukraine REACH draft, identical to the one submitted to the World Trade Organization in 2023, establishes the Ukrainian chemical legislative framework and aims to align Ukraine's chemical safety regulations with EU standards. Foreign companies that are importers, manufacturers or represented by a local sole representative, companies that sell chemicals (substances/mixtures) on the Ukrainian market, as well as downstream users of these chemicals will be affected by Ukraine REACH.

The Ukraine REACH draft is accompanied by a draft decree detailing the implementation of the regulation, setting a deadline for the registration of substances:

• Over 1000 tons: By June 1, 2025;
• 100-1000 tons: By June 1, 2026; and
• 1-100 tons: By June 1, 2027

The pre-registration deadline must be completed within one year of the effective date. Considering the planned registration deadline, the effective date of REACH in Ukraine is likely to be June 1, 2024.

According to the Ukraine REACH, the following substances or products do not apply to this regulation:

1. Radioactive materials;
2. Chemical products under customs control, if they are temporarily stored in free trade zones or warehouses for re-export or transit and are not processed or treated;
3. Unisolated intermediate chemicals;
4. Dangerous goods transported by air, sea, road, rail or inland waterway.

The requirement for pre-registration within a year and the deadline of more than 1000 tons of material are very challenging. Given that the chemical industry will also be addressing the deadlines for K-REACH and Turkey KKDIK at the same time, the registration challenge for companies exporting to Ukraine is imminent.

In addition, the draft reiterates the simplified registration process for substances already registered under the EU REACH. However, this simplified approach still requires:

1. A technical dossier;
2. A Chemical Safety Report (CSR), where required; and
3. Confirmation of EU registration through the REACH-IT system.

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