On August 17, 2026, Ukraine submitted a notification (G/TBT/N/UKR/399) to the WTO Committee on Technical Barriers to Trade, proposing amendments to the Law on Chemical Safety and Management of Chemicals and other related legislation. The amendments aim to improve the domestic chemical regulatory framework and align it with relevant EU regulations and international requirements such as the Minamata Convention. Interested parties may submit comments on the draft by October 16, 2026.
Core Amendments
1. Comprehensive Mercury Control
The draft imposes strict restrictions on the import, export, production, and distribution of mercury and its compounds and mixtures:
- Prohibition on the export of specific mercury compounds and mixtures;
- Prohibition on the import of mercury for use in artisanal and small-scale gold mining (amalgamation process);
- Import of mercury requires written consent from the Ukrainian competent authority, and the exporting country must provide written confirmation that the mercury does not originate from primary mining sources prohibited under the Minamata Convention;
- A licensing system is introduced for new mercury-containing products and new manufacturing processes using mercury. Licenses shall be valid for five years and granted only when no suitable mercury-free alternatives exist and risks are controllable.
2. New Hazard Classification Categories
The draft law adds the following categories to the existing hazard classification system:
- Chemicals that disrupt the human endocrine system;
- Chemicals that disrupt the endocrine systems of environmental organisms;
- Chemicals with persistent, bioaccumulative, and toxic (PBT) or very persistent and very bioaccumulative (vPvB) properties;
- Chemicals with persistent, mobile, and toxic (PMT) or very persistent and very mobile (vPvM) properties.
3. Optimization of Licensing and Administrative Procedures
The draft specifies the licensing procedures (obtaining, renewal, and termination) for particularly hazardous chemicals and toxic chemicals, clarifying that applications may be submitted in paper or electronic form. If application materials are incomplete, the competent authority must notify the applicant to make corrections within three working days. Additionally, the draft introduces a Prior Informed Consent (PIC) procedure for the import and export of hazardous chemicals.
4. Mandatory Liability Insurance
Economic entities engaged in the use of hazardous chemicals must purchase liability insurance to cover potential damage to the environment and to the health, life, and property of third parties. The minimum insurance amount and contract duration shall be determined by the competent authority in consultation with the National Bank of Ukraine.
Implementation Arrangements
According to the final provisions of the draft, the law shall enter into force on the day following its official publication. The Cabinet of Ministers of Ukraine must adopt the necessary implementing regulations within 12 months of the law's entry into force. Existing chemical-related enterprises must submit the required licensing application documents within 12 months of the law's entry into force.
