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On February 13, 2025, South Korea’s Ministry of Environment (MoE) notified WTO of the draft revision to K-REACH Enforcement Decree. Comments are welcome before April 14, 2025.
Background
By Ordinance No. 20232 on February 6, 2024, K-REACH was revised to adopt new tonnage band for new chemical registration (took effect on January 1, 2025) and new designation criteria for toxic chemicals (will take effect on August 7, 2025). As the supporting regulation under K-REACH, the enforcement decree shall also be updated to align with the K-REACH amendments and further clarify implementation requirements. On January 24, 2025, the Daft Revision to K-REACH Enforcement Decree was released to solicit public comments domestically (see MoE Notice No.2025-48). The MoE recently notified WTO of this draft revision for worldwide feedback.
Proposed updates to the K-REACH Enforcement Decree
Under Article 2(6) of K-REACH, toxic chemicals are now classified into three types based on hazards, i.e., acute toxic substances to human health, chronic toxic substances to human health, ecological toxic substances. Accordingly, Article 3 and Attachment 1 of the K-REACH Enforcement Decree shall be amended to detail designation criteria for each type of toxic chemicals. *The revision of Attachment 1 can be accessed in Page 8~12 of the Draft Revision.
Excepted for committees of risk assessment, information provision review, and social-economic analysis, the revised Article 7 of the K-REACH Enforcement Decree sets the legal basis for establishment of a new expert sub-body of the Chemicals Evaluation Committee, namely Hazard Assessment Committee.
Article 30(2) of the K-REACH Enforcement Decree is amended to state a broader scope of data that can be disclosed, e.g., use classification, registration type, etc., even when CBI protection is requested pursuant to Article 45 of K-REACH.
Article 31 of the K-REACH Enforcement Decree is amended to unify interlinked works of different agencies into one agency, the Korea Environment Corporation (KECO) is entrusted to receive a report on appointment or dismissal of only representative (OR). In addition, works regarding submission order of reports or data, and access to facilities and business places are conducted by the head of a regional environmental office.
According to the Notification G/TBT/N/KOR/1263, the draft revision is expected to be adopted on August 5 and take effect on August 7, 2025.
Notably, by MoE Notice No.2025-49, the MoE also opened a public consultation on the proposed amendments to another supporting regulation K-REACH Enforcement Rules, introducing a comprehensive approach to enhancing the regulatory framework surrounding chemical substances, ensuring better safety and compliance in environmental management. Comments are welcome before March 25, 2025. Once adopted, the amended K-REACH Enforcement Rules will also take effect on August 7, 2025.
