G/TBT/N/UKR/272  
12 October 2023  
(23-6857) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UKRAINE  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry of Health of Ukraine  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  biocidal 
products  
5. Title, number of pages and language(s) of the notified document:  draft Law of 
Ukraine "On Making Available on the Market and Use of Biocidal Products"; (34 page(s), 
in Ukrainian)  
6. Description of content:  the draft Law provides for the regul ation 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 environ mental 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 worst 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 environmental 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 substances or technologies should also be taken into account.  
The provisions of Law will not apply to medicinal feeds; medical devices; medici nal 
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 European 
Parliament and of the Council of 22 May 2012 concerning the making available on the 
market and use of biocidal products.  
The draft La w is also notified in accordance with the requirements of the SPS Agreement.  G/TBT/N/UKR/272  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of animal or plant life or 
health; Protecti on of the environment; Harmonization  
8. Relevant documents:   
Laws of Ukraine "On the Public Health 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"  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  The Law will enter into force on the day following 
the day of its publication and will be enacted 1 2 months after the date of its entry into 
force 
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Ministry of Economy 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  
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/2023/TBT/UKR/23_12980_00_x.pdf