Business urges the Government to be consistent on chemical safety issues
The European Business Association is concerned about the situation with the implementation of European legislation on the safety of chemical products, their labeling, and packaging in Ukraine. The concerns are related to the draft law on chemical safety, and also the implementation of CLP and REACH regulations in the legislation of Ukraine.
During 2020, the EBA repeatedly requested information from the Ministry of Environment and the Mineconomy about the status of these documents, as the business community was not allowed to participate in the development of drafts. At the same time, the Government representatives have repeatedly promised that after the preparation of the texts of the documents, it will hold sufficient consultations with the business, namely at the level of working groups and profile meetings.
Meanwhile, the current situation proves the opposite. Thus, the draft law on chemical safety was published immediately for public discussion by the Ministry of Environment on December 8, 2020. The draft resolutions of the Cabinet of Ministers on REACH and CLP regulations, which are to be developed to implement the draft law, were published for public discussion by the Mineconomy on December 9, 2020.
Therefore, business calls on the authorities to be systematic and consistent in their actions and words. And there are several reasons for this.
First, draft resolutions are bylaws designed to implement the draft law. At the same time, the draft law has only recently been made public. Accordingly, it must be approved by the relevant executive bodies, government committees, and receive the support of the Government. Only after that, it will be sent to the Verkhovna Rada for people’s deputies’ consideration. Also, the people’s deputies’ can submit their proposals to the draft law. Thus, consideration and adoption of draft Resolutions are technically impossible until the enactment of the draft Law. Besides, changes to the text of the draft law will directly affect the texts of the draft Resolutions.
Secondly, the situation looks rather strange when a draft law is developed by one Ministry, and bylaws to it – by another. This may lead to inconsistencies and the impossibility of practical implementation of such legislation.
Thirdly, together the draft Resolutions have almost 2000 pages of text that cannot be analyzed during 1 month of public discussion, especially during the New Year and Christmas holidays. In addition, the CLP and REACH regulations are quite complex documents, which contain not only a technical component but also a scientific one. Their gradual implementation should be accompanied by the involvement of key chemical, toxicological, environmental-toxicological, hygienic, and biological research institutions, as well as the Ukrainian and international business communities. This volume of text requires at least 6 months of discussion with broad public and scientific involvement.
Therefore, the European Business Association appeals to Denys Shmyhal, Prime Minister of Ukraine, with the following 4 proposals to resolve this misunderstanding.
First, to withdraw the draft Resolutions from the public discussion before the adoption of the Draft Law.
Secondly, to determine a single governmental body that will be responsible for drafting both the Draft Law and the draft Resolutions.
Third, to establish a working group with the involvement of interested bodies of executive power, science, and business communities to analyze and prepare a draft law before its submission to the Government.
Fourth, set up working groups, separately for CLP and REACH regulations, with representatives of the relevant executive bodies, science, and business communities to analyze in detail the feasibility and phasing of implementation of these regulations, with at least 6 months to prepare proposals.
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