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Ukraine Strengthens Pesticides and Plant Protection Products Oversight

Ukraine has expanded regulatory control over pesticides and plant protection products through updated national laws and draft amendments, reinforcing compliance requirements across key HS codes.

UKRAINE – PESTICIDES

Ukraine Tightens Oversight of Pesticides and Agrochemicals

New laws and amendments strengthen state control over specific product codes.

Products under control HS 380899, 380869, 380862, 380893, 380894
Jan 2023 Draft law issued

What changed

State regulation formalized for pesticides and plant protection products under a new law.

Framework for monitoring established by a draft law issued in January 2023.

Oversight refined for pesticides and agrochemicals via draft amendments to existing laws.

Who it affects

Importers of pesticides must comply with the new state regulatory framework.

Agrochemical manufacturers are subject to refined oversight under the draft amendments.

Key dates

Jan 2023 — Draft law on plant protection oversight issued.
Ukraine — Pesticides and Plant Protection Products Oversight

Compliance Overview: Ukraine’s Expanded Regulatory Control Over Pesticides and Plant Protection Products

Ukraine has significantly strengthened its regulatory framework for pesticides and plant protection products through two key legislative instruments: the Law of Ukraine No. 4147-IX "On State Regulation of Plant Protection Sphere" (effective 17 January 2028) and the draft Law "On Amendments to Certain Laws of Ukraine on Improving State Regulation in the Sphere of Pesticides and Agrochemicals". These measures introduce state registration systems, harmonize definitions with EU law, and impose stricter controls on imports, labeling, and traceability. Below is a structured analysis of the compliance requirements across relevant HS codes and regulatory provisions.

Regulation Analysis

1. Key Legislative Instruments and Scope

The following table summarizes the primary regulations, their objectives, and affected products:

RegulationKey RequirementEffective DateAuthority
Law No. 4147-IX "On State Regulation of Plant Protection Sphere"1– Establishes a state registration system for plant protection products and regulated objects (e.g., plants, pests)2.
– Introduces plant passports for traceability, modeled after EU Regulation 2016/20312.
– Requires import permits for regulated pests and plant species for scientific/testing purposes2.
– Repeals the Laws "On Plant Quarantine" and "On Plant Protection"2.		17 January 2028Verkhovna Rada of Ukraine
Draft Law "On Amendments to Certain Laws of Ukraine on Pesticides and Agrochemicals"3– Mandates state registration of pesticides/agrochemicals3.
– Harmonizes labeling requirements with EU standards3.
– Eliminates special raw material zones for children’s/dietary products3.
– Strengthens anti-counterfeit controls3.
– Removes duplicative regulatory authority3.		3 months post-publication (labeling: 1 year)Verkhovna Rada of Ukraine

2. Compliance Requirements by Activity

A. State Registration and Import Controls

  • Registration System:
    • All plant protection products, regulated pests, and certain plant species must be registered in state registers prior to market placement or import2.
    • The draft Law on Pesticides/Agrochemicals replaces existing registration procedures with a unified system, eliminating redundant approvals3.
  • Import Permits:
    • Required for importing regulated pests, plant species, or plant products for scientific, testing, or breeding purposes2. Modeled after EU Regulation 2016/20312.
    • Permits are issued by the competent authority (details to be specified in secondary legislation)2.
  • Plant Passports:
    • Mandatory for traceability of plants, plant products, and regulated objects during movement within Ukraine2. Aligns with EU’s phytosanitary passport system2.

B. Labeling and Packaging

  • Pesticides/Agrochemicals:
    • The draft Law introduces EU-aligned labeling requirements, including:
    • Active ingredient disclosure.
    • Safety instructions and hazard symbols3.
    • Deadline: Labeling rules enter into force 1 year post-publication of the draft Law3.
  • Plant Protection Products:
    • No explicit labeling rules in Law No. 4147-IX, but traceability via plant passports implies labeling for movement2.

C. State Control and Enforcement

  • Control Measures:
    • Law No. 4147-IX adopts EU Regulation 2017/625 provisions for:
    • Risk-based state control methods2.
    • Audits of authorized persons (e.g., laboratories, inspectors)2.
    • Independent audits of the competent authority2.
    • The draft Law on Pesticides/Agrochemicals strengthens penalties for counterfeit products3.
  • Authorized Private Actors:
    • Law No. 4147-IX permits private entities to conduct:
    • Laboratory testing.
    • Issuance of plant passports.
    • Training on safe pesticide use2.

D. Harmonization with International Standards

  • Alignment with ISPMs:
    • Law No. 4147-IX conforms to International Plant Protection Convention (IPPC) standards, including:
    • ISPM 05 (Glossary), ISPM 06 (Surveillance), ISPM 08 (Pest Status), ISPM 09 (Eradication), ISPM 10 (Phytosanitary Certificates), ISPM 11 (Pest Risk Analysis), ISPM 12 (Phytosanitary Certificates for Import), and ISPM 15 (Wood Packaging)2.
  • EU Law:
    • Both laws approximate EU regulations, including:
    • EU Regulation 2016/2031 (plant health)2.
    • EU Regulation 2017/625 (official controls)2.

3. Affected HS Codes and Products

The regulations apply broadly to:

  • Pesticides and agrochemicals (general HS codes for chemical preparations, e.g., 3808)3.
  • Plants, plant products, and regulated objects (e.g., HS codes 06–14 for live plants, seeds, fruits, vegetables)2.
  • Wood packaging materials (HS 4415, subject to ISPM 15)2.

4. Timeline and Transitional Provisions

RegulationProvisionEffective Date
Law No. 4147-IX1Full entry into force (including registration systems, plant passports)17 January 2028
Paragraph 5 of Section XII (unspecified transitional measure)Day after publication
Draft Law on Pesticides/Agrochemicals3General provisions (registration, anti-counterfeit)3 months post-publication
Labeling requirements1 year post-publication

5. Stakeholder Obligations

  • Importers/Exporters:
    • Must obtain import permits for regulated pests/plants2.
    • Ensure plant passports accompany shipments2.
    • Comply with labeling requirements for pesticides/agrochemicals3.
  • Manufacturers/Distributors:
    • Register products in state registers2, 3.
    • Adhere to traceability systems (e.g., plant passports)2.
  • Private Laboratories/Inspectors:
    • May be authorized to perform state functions (e.g., testing, passport issuance)2.

Summary Answer

Ukraine’s expanded regulatory control over pesticides and plant protection products is governed by Law No. 4147-IX "On State Regulation of Plant Protection Sphere" (effective 17 January 2028) and the draft Law "On Amendments to Certain Laws of Ukraine on Pesticides and Agrochemicals". Key compliance requirements include:

  1. State registration of plant protection products and regulated objects, with import permits for scientific/testing purposes2, 3.
  2. Plant passports for traceability, modeled after EU Regulation 2016/20312.
  3. EU-aligned labeling for pesticides/agrochemicals, enforceable 1 year post-publication of the draft Law3.
  4. Harmonization with ISPM standards (e.g., ISPM 15 for wood packaging) and EU regulations (2016/2031, 2017/625)2.
  5. Stricter state control, including audits of authorized persons and anti-counterfeit measures2, 3.

All trading partners are affected2, and stakeholders must prepare for phased implementation, particularly the 2028 deadline for Law No. 4147-IX and the 3-month/1-year timeline for the draft Law1, 3. For further details, consult the Ministry of Economy of Ukraine (1(mailto:ep@me.gov.ua))1.

Sources

  1. ↩ Law of Ukraine "On State Regulation of Plant Protection Sphere" _notification https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/T/G/SPS/NUKR194A1.DOCX
  2. ↩ Draft Law of Ukraine "On State Regulation of Plant Protection Sphere" _notification https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/T/G/SPS/NUKR194.DOCX
  3. ↩ The draft Law "On Amendments to Certain Laws of Ukraine on Improving State Regulation in the Sphere of Pesticides and Agrochemicals" _notification https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/T/G/TBTN21/UKR192.DOCX
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