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Law No. 2804-IX “On ensuring chemical safety and management of chemical products”.

Country/Territory
Ukraine
Document type
Legislation
Date
2022
Source
FAO, FAOLEX
Subject
Environment gen., Waste & hazardous substances
Keyword
Pollution control Protection of environment Hazardous substances Hazardous waste Waste non-domestic sources Waste management Waste disposal EIA Business/industry/corporations Public health Transport/storage International trade Research Education Social protection Data collection/reporting Access-to-information
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
This Law enters into force on the day following its publication, and shall be enforced eighteen months after the date of entry into force of this Law.
Abstract

This Law defines the legal, organizational and economic principles in the field of ensuring chemical safety and management of chemical products, aimed at preventing the dangerous impact of chemical products on the environment and human health, establishes requirements for the activities of economic entities of the chemical industry, regulates relations arising in the sphere of ensuring chemical safety and management of chemical products, taking into account the international obligations of Ukraine. Relations in the field of ensuring chemical safety and management of chemical products are regulated exclusively by this Law and cannot be regulated by other laws, except for the cases established by this Law. Changes to the provisions of this Law are carried out exclusively by separate laws by amending this Law. Assessment of the safety of a chemical substance, classification of the danger of chemical products, prohibition of a chemical substance, restrictions on the use of a chemical substance, withdrawal of a particularly dangerous chemical substance from the market are carried out exclusively in accordance with the procedure provided for by this Law. In case of contradiction between the provisions of this Law and the provisions of special laws, the provisions of this Law shall prevail. This Law regulates relations concerning the provision of chemical safety and management of chemical products, including the activities of authorized central executive bodies, other state authorities, local self-government bodies, legal and natural persons - entrepreneurs, subjects of scientific and technical activities. The effect of this Law extends to activities related to the production, storage, import, export, circulation, use of chemical products, processing of their waste, as well as relations in the field of ensuring chemical safety and management of chemical products. This Law does not apply to activities related to the production, import, export, circulation, use, utilization and/or disposal of active pharmaceutical ingredients, medicinal products, as well as narcotic drugs, psychotropic substances, their analogues and precursors, pesticides and agrochemicals, biocides, disinfectants, tobacco products, nicotine-containing and final cosmetic products. The main objectives of state policy in the field of ensuring chemical safety and management of chemical products include: (a) ensuring state management of chemical safety and chemical products; (b) protection of the environment and human health from the hazardous effects of chemical products during their life cycle; (c) making it impossible to develop, manufacture, import and use chemical weapons; (d) prevention of terrorist acts with the use of chemical weapons or dangerous chemicals, sabotage of economic entities in the chemical industry, introduction of control over the use of precursors of chemical, firearm, incendiary, rocket and self-propelled underwater explosive weapons; (e) prevention of chemical incidents related to dangerous chemical products; (f) restoration of the environment after pollution due to chemical incidents; (g) use of world-leading experience in the field of ensuring chemical safety and management of chemical products in the chemical industry, stimulating the innovative development of the economy; and (h) increasing the level of informational, educational, scientific and scientific and technical support in the field of ensuring chemical safety and management of chemical products. The main principles of state policy in the field of ensuring chemical safety and management of chemical products are: (a) the priority of chemical safety requirements, the obligation to comply with established standards during the implementation of economic, managerial and other activities related to the use of chemical products or other non-food products; (b) sustainable development and protection of the environment from negative anthropogenic influence; (c) guaranteeing a minimal risk to human life and/or health and the environment during the storage, production and use of chemical substances or chemical products; (d) scientifically based coordination of ecological, economic and social interests of society;(e) compensation for damage caused as a result of violation of legal requirements in the field of ensuring chemical safety and management of chemical products; (f) coordination of the activities of central and local executive bodies for the purposes of guaranteeing chemical safety through coordinated planning at the national and regional levels, taking into account scientific achievements and technological development; (g) availability of information on the implementation of state policy in the field of ensuring chemical safety and management of chemical products, chemical incidents and corresponding response measures, as well as territories contaminated with dangerous chemical substances, the danger posed by chemical products or other non-food products; (h) social protection of workers who suffered from industrial accidents and occupational diseases; and (i) use of best world experience for the purposes of guaranteeing chemical safety, increasing the level of industrial safety and ensuring innovative development of chemical industry branches. This Law contains XII Sections divided into 83 Articles. Section I lays down general provisions. Section II establishes authorities of state government bodies and local government bodies in the field of ensuring chemical safety and management of chemical products. Section III regards the provisions for ensuring chemical safety. Section IV establishes requirements for manufacturing and use of chemical products. Section V establishes authorization system in the field of ensuring chemical safety. Section VI establishes state supervision (control) in the field of ensuring chemical safety and management of chemical products. Section VII regards planning in the field of ensuring chemical safety. Section VIII regards financial and economic tools in the field of chemical safety and management of chemical products. Section IX regards education, scientific research and provision of information related to chemical safety and management of chemical products. Section X establishes liability for violations of legislative requirements in the field of ensuring chemical safety and management of chemical products. Section XI regards international cooperation. Section XII lays down conclusive and transitional provisions.

Full text
Ukrainian
Website
zakon.rada.gov.ua