Transboundary movement of mercury
- Document symbol
- G/LIC/N/3/UKR/18
- Original language
- English
- Published on
- 19/09/2025
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The transboundary movement of mercury and its compounds is subject to prior written consent (notification). This written consent (notification) is issued by the Ministry of Economy, Environment and Agriculture of Ukraine in the manner determined by the Cabinet of Ministers of Ukraine.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The system is implemented in accordance with the Minamata Convention on Mercury, which aims to protect human health and the environment from anthropogenic emissions and releases of mercury and its compounds.
Q3. The system applies to goods originating in and coming from which countries?
All countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system is not intended to restrict the quantity or value of imports. Its purpose is to fulfil Ukraine’s international obligations under the Minamata Convention on Mercury and to ensure chemical safety by controlling the transboundary movement of mercury and mercury-containing products; preventing the entry into Ukraine of mercury and products whose use is prohibited or restricted; and reducing risks to human health and the environment.
The requirement for prior written consent (notification) for the transboundary movement of mercury and its compounds does not apply if:
1) the quantity of mercury and its compounds is intended for use in laboratory research or as reference and standard samples of the composition and properties of substances and materials;
2) mercury naturally present at concentrations less than 0.1% by weight in non-mercury metals, ores, minerals (including coal), and products derived from them;
3) mercury contained at concentrations less than 0.1 % by weight in chemical products.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Law of Ukraine No 2804-IX "On Ensuring Chemical Safety and Management of Chemical Products" of 1 December 2022, available at https://zakon.rada.gov.ua/laws/show/2804-20#Text;
the Law of Ukraine No. 2806-IV “On the Licensing System in the Sphere of Economic Activity” of 6 September 2005, available at https://zakon.rada.gov.ua/laws/show/2806-15#Text.
The Procedure for Issuing, Refusing to Issue, Reissuing, and Cancelling Written Consent (Notification) for the Transboundary Movement of Mercury and Its Compounds shall be determined by the Cabinet of Ministers of Ukraine through the adoption of the relevant resolution.
This system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Written consent (notification) for the transboundary movement of mercury and its compounds shall be issued by the Ministry of Economy, Environment and Agriculture within 30 working days prior to the planned date of initial transportation.
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
No.
Q7.b. Can a licence be granted immediately on request?
No.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No. An application can be submitted at any time of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The business entity shall submit an application for issuing (reissuing, cancellation) of written consent (notification) for the transboundary movement of mercury and its compounds to the Ministry of Economy, Environment and Agriculture. Applications may be submitted either in paper form or electronically via the Unified State Web Portal of Electronic Services, including through information systems of state authorities and local self-government bodies integrated with the portal, as well as through the Chemical Safety Information System.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The grounds for refusing to issue (reissue) written consent (notification) for the transboundary movement of mercury and its compounds are:
1) identification of inaccurate information in the documents submitted for the issuance of written consent (notification);
2) submission of incomplete documents required for the issuance of written consent (notification) for the transboundary movement of mercury and its compounds.
The decision to refuse issuance (reissuance, cancellation) of written consent (notification) shall be provided to the applicant exclusively in electronic form.
The decision on refusal may be appealed to the district administrative court in accordance with the provisions of the Code of Administrative Proceedings of Ukraine.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
The application may be submitted by a person authorised by the business entity.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The application for written consent (notification) for transboundary movement of mercury and its compounds shall be accompanied by the following documents:
- the original notification from the exporting country;
- information on the quantity of mercury and its compounds;
- information on the origin of mercury and its compounds;
- information on the intended use of mercury in the state of import;
- information confirming compliance with the requirements of the Minamata Convention on Mercury, required for import of mercury, in the state of import;
- a duly certified copy of the contract between the exporter and the person responsible for the further handling of mercury and its compounds;
- a description of the route of transportation of mercury and its compounds;
- information on the estimated duration of transboundary movement;
- information on liability insurance of entities transporting hazardous goods in case of adverse consequences during such transportation.
The form of documents to be submitted with the application for written consent (notification) for the transboundary movement of mercury and its compounds shall be determined by the Ministry of Economy, Environment and Agriculture.
Q11. What documents are required upon actual importation?
At the time of actual importation, a written consent (notification) for the transboundary movement of mercury and its compounds is required, along with other relevant customs documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The issuance of a written consent (notification) is not subject to any fees.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required to obtain a written consent (notification).
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The term of validity of written consent (notification) for transboundary movement of mercury and its compounds is three years.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a written consent (notification).
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Written consents (notifications) are not transferable between importers.
In the case of replacing of carrier for mercury and its compounds, the written consent (notification) for transboundary movement may be reissued free of charge within two working days upon submission of an application. The application must be accompanied by the written consent (notification) to be reissued, along with the documents originally submitted with the application for obtaining such consent.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.