G/SPS/N/UKR/214  
12 October 2023  
(23-6879) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  UKRAINE  
If applicable, name of local government involved:   
2. Agency responsible:  Ministry of Health of Ukraine  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Biocidal products  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Draft Law of Ukraine "On Making Available on the 
Market and Use of Biocidal Products" . Language(s):  Ukrainian . Number of pages:  34 
https://moz.gov.ua/article/public -discussions/povidomlennja -pro-opriljudnennja -proektu -
zakonu -ukraini --pro-nadannja -na-rinku-ta-vikoristannja -biocidnih -produktiv  
https://members.wto.org/crnattachments/2 023/SPS/UKR/23_12979_00_x.pdf  
6. Description of content:  The draft Law provides for the regulation of legal relations with 
regard to the approval of active substances of biocidal products, obtaining a permission for 
placing on the market of biocidal products, production, trade and safe application of 
biocidal products for human, animal and environmental health, as well as placement of 
treated articles on the market, defines the rights and obligations of  enterprises, 
institutions, organisations and individuals, as well as the authority of state bodies and 
officials in this area.  
In order to achieve a high level of protection of human health, animal health and the 
environment, active substances with the wo rst hazard profiles should not be approved for 
use in biocidal products, except in specific situations. This should include situations where 
approval is justified because of the low risk from exposure to the substance, for human 
health, animal health or en vironmental reasons, or for disproportionate adverse effects 
reasons or disproportionate negative impact on society in case of non -approval. When 
deciding on the approval of such active substances, the availability of suitable and 
sufficient alternative su bstances or technologies should also be taken into account.  
The provisions of Law will not apply to medicinal feeds; medical devices; medicinal 
products and veterinary drugs; feed additives for animals and feed; food hygiene 
products; food additives; food flavourings and ingredients with flavouring properties 
intended for use in and on food products; phytosanitary products; plant protection 
products; cosmetic products; toy safety.  
The draft Law is developed to implement Regulation (EU) No. 528/2012 of the E uropean 
Parliament and of the Council of 22 May 2012 concerning the making available on the 
market and use of biocidal products.  
The draft Law is also notified in accordance with the requirements of the TBT Agreement.  G/SPS/N/UKR/214  
 
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  7. Objective and rationale: [X]  food safety, [X]  animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.  The adoption of the draft Law will improve the functioning of 
the domestic market for biocidal produc ts while ensuring a high level of protection of 
human, animal and environmental health.  
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  Laws of 
Ukraine "On the Public Healt h System", "On Ensuring Chemical Safety and Management of 
Chemical Products", "On Veterinary Medicine", "On State Control over Compliance with 
Legislation on Food, Feed, Animal By -products, Animal Health and Welfare"  (available in 
Ukrainian)  
10. Proposed date of adoption (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : The Law will enter into force on the day following the day of its publication 
and will be enacted 12 months after the date of its entry into force.  
[ ] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 11 December 2023  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
Ministry of Economу of Ukraine  
Department for Trade Agreements and Export Development  
12/2 Hrushevskoho Str.  
Tel: +(38 044) 596 6839  
Fax: +(38 044) 596 6839  
Email: ep@me.gov.ua  
Website: https://www.me.gov.ua  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Ministry of Economу of Ukraine  
Department for Trade Agreements and Export Development  
12/2 Hrushevskoho Str.  
Tel: +(38 044) 596 6839  
Fax: +(38 044) 596 6839  
Email: ep@me.gov.ua  
Website: https://www.me.gov.ua