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LAW OF UKRAINE

of December 1, 2022 No. 2804-IX

About ensuring chemical safety and management of chemical products
(Extraction)

This Law determines the legal, organizational and economic basis in the field of ensuring chemical safety and management of chemical products directed to prevention of dangerous impact of chemical products on the environment and health of the person establishes requirements to activities of subjects of managing of industry of the chemical industry, governs the relations arising in the field of ensuring chemical safety and management of chemical products taking into account the international obligations of Ukraine.

Section XII. Final and transitional provisions

1. This Law becomes effective from the date of, its publication following behind day, and becomes effective in eighteen months from the date of entry into force by this Law.

2. Part one Items 20 and 21 of Article 9, part one Items 12 and 13 of Article 11, part one Items 17-20 of Article 12, of article 74-80 of this Law, Item 3, subitems 2 and 3 of Item 5, subitems 2 and 3 of Item 6, Items 7 and 8 of this Section become effective from the date of the introduction for Ukraine owing to Minamatsky the convention on mercury.

3. Till 2024 to reduce use of mercury in the production processes provided by part one of article 77 of this Law counting on unit of production by 50 percent in comparison with use amount in 2010.

4. Make changes to the following laws of Ukraine:

1) in the Law of Ukraine "About protection of the surrounding environment" (Sheets of the Verkhovna Rada of Ukraine, 1991, No. 41, Art. 546 with subsequent changes):

in Article 52:

in the name of the word of "toxic chemicals and other medicines" shall be replaced with words "dangerous chemicals";

in word part one of "toxic chemicals and other medicines" shall be replaced with words "dangerous chemicals";

in word part two" medicines and" to exclude;

in part three "medicines" shall be replaced with words the word "chemicals";

the fourth to exclude part;

in Article 68 part two Item "y" "toxic" shall be replaced with words the word "dangerous chemicals";

"21) to perform the prevention, identification, suppression and disclosure of crimes of technological terrorism, prevention of making of acts of terrorism with use of dangerous chemicals, diversions at subjects of managing of the chemical industry and on objects of critical infrastructure";

The Item of part one of article 33 of the Law of Ukraine "About local self-government in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1997, No. 24, of Art. 170 with the following changes) to add 3) with the subitem 16 of the following content:

"16) implementation of actions in the field of ensuring chemical safety and management of chemical products according to the law";

4) in article 2 of the Law of Ukraine "About authorization system in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2005, No. 48, Art. 483 with the following changes):

word part two in paragraph one "strong toxic agents" to exclude;

third to add part with the paragraph of the following content:

"Issue (refusal in issue, renewal, cancellation) permissions to use of especially dangerous chemical which is removed from the market of permission to use of poisonous chemical, written consent (notification) on cross-border transportation of mercury and its connections, the conclusions about possibility of implementation of production, import and export of products containing mercury, the decision on inclusion of the message on use of the alternative name of chemical in the State register of messages on use of the alternative name of chemical are performed according to this Law taking into account the features determined by the Law of Ukraine "About ensuring chemical safety, management of chemical safety and chemical products";

5) the List of documents of allowing nature in the field of economic activity approved by the Law of Ukraine "About the List of documents of allowing nature in the field of economic activity" (Data of the Verkhovna Rada of Ukraine, 2011, No. 47, Art. 532), to add with Items 159-162 of the following content:

"159. Permission to use of especially dangerous chemical which is removed from the market

The law of Ukraine "About chemical safety and management of chemical products"

160. Permission to use of poisonous chemical

The law of Ukraine "About chemical safety and management of chemical products"

161. Written consent (notification) on cross-border transportation of mercury and its connections

The law of Ukraine "About chemical safety and management of chemical products"

162. The conclusion about possibility of implementation of production, import and export of products containing mercury

The law of Ukraine "About chemical safety and management of chemical products";

14 parts one of article 7 of the Law of Ukraine "About licensing of types of economic activity" (Data of the Verkhovna Rada of Ukraine, 2015, No. 23, of Art. 158 with subsequent changes) the words "production of especially dangerous chemicals which list is determined by the Cabinet of Ministers of Ukraine" to exclude 6) in Item;

Article 60 of the Law of Ukraine "About waste management" of June 20, 2022 No. 2320-IX to add 7) with part two of the following content:

"2. Coordination of activities for ensuring accomplishment of the obligations of Ukraine following from its membership in the international treaties regulating questions of the treatment of dangerous chemicals and waste is performed by the central executive body providing forming of state policy in the field of environmental protection through the Single center for ensuring accomplishment of international treaties of Ukraine, the regulating questions of waste management and chemical products".

5. Determine that:

1) subjects of managing in the field of ensuring chemical safety and management of chemical products shall submit applications for receipt of documents of allowing nature not later than in six months from the date of enforcement of this law;

2) primary production of mercury and trial development of fields of mercury if they were not performed from the date of entry into force for Ukraine of the Minamatsky convention on mercury, are prohibited;

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