The technical regulation on toy safety has been changed

The Resolution of the Cabinet of Ministers of Ukraine №557 of 7 May 2022[1]  amended Annex 2 to the Technical Regulation on Toy Safety (the “Technical Regulation“).

The Technical Regulation has added definitions of toy cosmetics, supplemented Tables 1 and 2 with the names of allergenic flavouring substances for more than 60 items of substances, indicating the Registration Numbers of the Chemical Abstract Service (CAS) and changed the limit value of aniline used in toys by adding Table 12 to Annex 2 of the Technical Regulation. Toys shall not contain allergenic flavouring substances defined in Annex 1. In relation to Annex 2, there is a requirement for safety reasons to indicate the name of such substances if they exceed 10 mg/kg. As of now, toys will be safer for children.

These amendments shall enter into force six months after their publication, except for the requirements for aniline, which shall enter into force on 5 December 2022.

Technical regulations on gasoline and fuel requirements have been changed

The Resolution of the Cabinet of Ministers of Ukraine №555 of 10 May 2022[2] amends the Technical Regulation on requirements for gasoline, diesel, marine and boiler fuels and postpones the entry into force of the Technical Regulation on requirements for aviation gasoline and jet fuel for one year after the suspension or abolition of martial law in Ukraine.

According to the Resolution, fuels imported into the customs territory of Ukraine from the EU member states and other states (except for Russia and Belarus) are now allowed based on a document confirming compliance of petroleum (oil) products with the requirements of this Technical Regulation issued by a foreign entity or conformity assessment body in the original language. The document must confirm the compliance of petroleum (oil) products with EN 228 (gasoline) and EN 590 (diesel fuel) standards or their analogues. This change is valid until the termination or abolition of martial law in Ukraine and for 90 calendar days after that.

Simplification of the control over the circulation of medicines under martial law

Resolution of the Cabinet of Ministers of Ukraine №542 of 7 May 2022[3] amends the Licensing сonditions for conducting business activities for the production of medicines, wholesale and retail trade in medicines, and import of medicines. A separate article was added, according to which, inter alia, for the period of martial law:

• resale of medicines is allowed between business entities that have licenses to conduct business activities for the production (manufacture) of medicines in pharmacies and / or retail trade in medicines;
• transportation of medicines is allowed by public transport, as well as in post offices and luggage offices;
• it is allowed to store medicines in warehouses, information about which is missing in the license register for the production of medicines, wholesale and retail trade and import of medicines;
• over-the-counter prescription drugs are allowed without a prescription, provided their use is explained to patients. Exceptions apply only to narcotic, psychotropic drugs, and combined, containing narcotic, psychotropic substances or precursors – which are prescribed on special prescription forms;
• economic entities that have the appropriate licenses for the production and sale of medicines are allowed to sell medicines to military administrations, units of the Armed Forces, organizations and institutions that involve volunteers and provide humanitarian assistance;
• business entities that have the appropriate licenses for the production and sale of drugs are allowed to produce and sell batches of drugs in primary packaging using group boxes accompanied by an appropriate number of instructions (but not less than one).

Customs control over non-food products has been suspended

By the Resolution №550 of 3 May 2022[4] the Cabinet of Ministers of Ukraine decided to temporarily suspend the customs control of non-food products. This provision has been applied until the termination or abolition of martial law in Ukraine. Thus, the state market control in accordance with the Law of Ukraine “On State Market Supervision and Control of Non-Food Products” is temporarily not applied.

Simplification of control over the import of food, feed and by-products of animal origin, veterinary drugs and cargo into the customs territory of Ukraine during martial law

The Resolution of the Cabinet of Ministers of Ukraine №537 of 7 May 2022[5] simplified procedures for state control over compliance with legislation on food, feed, animal by-products, animal health and welfare, and the procedure for veterinary control under martial law. According to the resolution:

• state control at checkpoints is carried out mainly by checking documents or checking the information in state registers;
• importation of products from countries subject to restrictions due to disease outbreaks is permitted, provided that the processing of such goods is appropriate or if the goods have been transited in transit through such countries without unloading;
• feed is permitted import without registration, provided it is permitted in the EU;
• importation of animals and genetic material is permitted if their origin is the country for which compliance has been established during the last two years;

Products that are subject to physical inspection at the state border and laboratory tests (tests) in accordance with paragraphs 1,2,4 part 1 of Article 45 of the Law of Ukraine “On state control over compliance with legislation on food, feed, by-products of animal origin, animal health and welfare.” shall not be verified only on a documentary basis.

The list of products of critical imports has been changed again

The Cabinet of Ministers of Ukraine by Resolutions №552 of 3 May 2022[6] and №554 of 7 May 2022[7] amended again the list of products of critical imports, which was originally defined by the Resolution №153 of 24 February 2022. Since then, it has been changed 16 times during martial law in Ukraine.

By the said Resolutions, some products were deleted from the list, particularly 50 items since 24 February 2022. Still, nevertheless, it was constantly growing and now covers 1,077 items of products and 23 types of services. The above Resolutions have deleted from the list the following products, to name but a few: several food products such as milk and butter, vegetables, yoghurt, and certain types of rolled products, and silver compounds, silver nitrate, epoxides, epoxyalcohols, epoxyphenols and epoxyethers and organic derivatives of hydrazine or hydroxylamine. The Resolutions have also clarified or expanded some product groups either by changing the description of the product position or replacing the 6-10-digit UKTZED code with 2-4-digit ones, excluding some 6-10-digit codes among them.

The following categories have been added to the list of services:

• services of medical laboratories
• rent of motor transport
• services on certification tests and confirmation of the conformity of production to norms and standards and registration of products of the Ukrainian origin in other states
• advertising activities
• services for repair, maintenance, installation, machining
• services and software for suppliers of machines and devices,
• several services related to the production and clinical trials of drugs in foreign markets and their registration,
• payments under licensing agreements,
• equipment modernization works and services, services related to the participation of residents of Ukraine in tenders outside Ukraine
• services of accredited European laboratories for product testing (metal-plastic structures, metal doors)
• technical services for catalyst regeneration with reduced activity.

A separate interesting category of services, which was added to the list of critical imports, is the participation in the furniture exhibition in Poznan (Poland) on 16-19 May 2022.

The above Resolutions have also included in the list of products of critical imports the following products: several domestic animals, edible products of animal origin and other food products, and a number of vegetables and live plants, as well as goods destined for the chemical industry and construction and railway equipment. In particular, the list includes ores, windows, balcony doors, tiles, glass, aluminium scrap, bricks, etc. The list also includes questionable goods, among others, like consoles and video game equipment, watches, and puzzles.

Importantly, the purchase of foreign currency for payments for foreign goods and services is allowed only for goods and services included in the list of products of critical imports.

A temporary suspension of exports of blood drugs is possible

By the Resolution of the Cabinet of Ministers of Ukraine №543 of 7 May 2022[8]The Ministry of Health is allowed to suspend the export of blood drugs during martial law subject to coordination with state bodies and by submitting a draft decision to the Cabinet of Ministers of Ukraine. This resolution also provides for the possibility of abolishing the temporary suspension of exports of blood drugs if there is a non-reducing stock of blood drugs, which the manufacturer of blood drugs must provide.

[1] https://www.kmu.gov.ua/npas/pro-vnesennya-zmin-u-dodatok-2-do-tehnichnogo-reglamentu-bezpechnosti-s557-070522

[2] https://www.kmu.gov.ua/npas/pro-vnesennya-zmin-do-postanov-kabinetu-ministriv-ukrayini-vid-1-serpnya-2013-r-927-s555-100522

[3] https://www.kmu.gov.ua/npas/deyaki-pitannya-provadzhennya-gospodarskoyi-diyalnosti-z-virobnictva-likarskih-zasobiv-542-070522

[4] https://www.kmu.gov.ua/npas/pro-pripinennya-zdijsnennya-derzhav-a550

[5] https://www.kmu.gov.ua/npas/deyaki-pitannya-provedennya-zahodiv-derzhavnogo-kontrolyu-za-dotrimannyam-zakonodavstva-pro-t70522

[6] https://www.kmu.gov.ua/npas/pro-vnesennya-zmin-u-dodatok-do-p-a553

[7] https://www.kmu.gov.ua/npas/pro-vnesennya-zmin-u-dodatok-do-postanovi-kabinetu-ministriv-ukrayini-vid-24-lyutogo-2022-r-153-554-070522

[8] https://www.kmu.gov.ua/npas/pro-vnesennya-zmin-do-punktu-7-poryadku-timchasovogo-zupinennya-eksportu-preparativ-krovi-viroblenih-iz-zagotovlenoyi-na-teritoriyi-ukrayini-plazmi-krovi-dlya-frakcionuvannya-543-070522