The Ukrainian Agri Council (UAC) and the Ukrainian Agribusiness Club (UCAB) appealed to the Minister of Economy of Ukraine Yulia Svyrydenko regarding the Order of the Ministry for Development of Economy, Trade and Agriculture of Ukraine dated April 15, 2021 No. 775-21 "On Approval of Minimum Requirements for Safety and Health of Workers at Work During Storage, Packaging of Ammonium Nitrate and its Use for the Production of Complex and Liquid Mineral Fertilizers", registered with the Ministry of Justice of Ukraine as of May 06, 2021 under No. 603/36225.

Experts of agrarian associations have repeatedly participated in meetings with representatives of the Ministry of Economy of Ukraine (hereinafter referred to as the Ministry of Economy), the State Labor Service of Ukraine (hereinafter referred to as the SLS), the State Emergency Service of Ukraine (hereinafter referred to as the SES) and other involved institutions. The purpose of these meetings was to discuss proposals to amend Order No. 775, whose requirements, according to experts of agricultural associations, are excessive and blocking, and significantly reduce the productivity of agricultural enterprises and unreasonably restrict economic activity, opening up opportunities for corruption and unpredictable behavior of regulatory authorities.

"Unfortunately, instead of a constructive dialogue, we are faced with a number of unrealistic counterarguments based on assumptions about theoretical unlikely risks or a selective approach. For example, the abolition of the prohibition on the usage of mechanical grabs during loading and unloading operations. Grabs (hydraulic or rope buckets) are widely used in the world and in Ukraine in port terminals to unload bulk goods, including ammonium nitrate. Other alternative options for unloading are not widespread and are almost never used. At the same time, representatives of the Ministry of Economy and other government agencies argue that the rule banning the usage of mechanical grabs should remain in effect because of the theoretical risk of ammonium nitrate contamination by leaking lubricants from the mechanical grab. At the same time, they reject proposals to allow the usage of grabs with the requirement to ensure their proper operation (a functioning hydraulic system, no oil leaks). At the same time, there is no such prohibition on other mechanisms that carry out loading and unloading operations, such as front-end loaders, which also have similar risks of ammonium nitrate oil leaks. Such a rule and the lack of compromise can only be seen as an attempt to block the ammonium nitrate in bulk import by regulatory requirements without proper justification," was mentioned in the statement.

Another problematic issue is the requirement to dispose of ammonium nitrate after the expiration of the warranty period. According to SSU (State standards of Ukraine) 7370:2013, the guaranteed shelf life of ammonium nitrate is six months, while the agrochemical shelf life is unlimited. That means, subject to proper storage, the shelf life is unlimited. At the same time, representatives of the Ministry of Economy and some other government agencies involved once again point to the theoretical risks after the warranty period expires and insist on utilization.

Experts of the associations emphasize that the prohibitions and restrictions set forth in Order No. 775 have no analogues in EU regulation.

"Despite our arguments, representatives of the State Labor Service, the State Emergency Service and other authorities continue to insist on maintaining the requirements and prohibitions imposed by the Order. We believe that this situation is unacceptable and significantly complicates the work of business entities," is mentioned in the statement.

The associations request:

• Respond to the situation in the process of discussing amendments to Order No. 775.
• To return the process of discussing amendments to Order No. 775 to a constructive direction.
• Take into account the proposals of the UAC and UCAB based on best practices and business needs.

It is important for the agricultural sector to find an optimal solution that meets the best international practices and the needs of Ukrainian business.