Updated on 9 Jan 2017:
South Korea has notified WTO of the K-REACH revision (CL news) and according to MoE the original deadline (30 Jun 2018) for registration of the 510 PECs will still apply.
Issued on 28 Dec 2016 by MoE Notice No. 2016-869, South Korea’s MoE is now consulting on a proposed revision to the Act on Registration and Evaluation of Chemical Substances (K-REACH).
Compared to the current version, major changes are proposed as below:
1. The annual reporting system will be abolished (Article 8 of K-REACH revised). Instead, a pre-registration system will be adopted.
According to the authority, there is no need for duplicate reporting as South Korea’s Chemicals Control Act (CCA) already requires statistical survey on chemical substances. The establishment of a pre-registration system is for companies planning to register phase-in (existing) substances and will streamline mandatory joint registration of identical substances.
2. The system for designation of priority existing chemicals (PECs) in three batches for joint registration will be deleted (Article 9 of K-REACH deleted). Instead, a phase-in registration mechanism for around 7000 existing chemical substances (≥1t/y) will be applied (Article 10 of K-REACH revised).
MoE is currently preparing the whole list. In addition, phase-in deadlines will be set based on tonnage band (1-10 t/y, 10-100 t/y, 100-1000 t/y, >1000 t/y), which is similar to EU REACH.
3. Management of substances subject to authorization will be improved (Article 25 of K-REACH revised).
In addition to publication of the chemical uses subject to authorization application, the chemical uses exempt from authorization will also be published. Chemicals with a use that aren’t included in these 2 categories will be completely prohibited.
4. Hazard information communication will be strengthened and broadened (Article 29 of K-REACH revised).
Hazardous chemical information such as name, hazard, risk and safe use information regardless of quantity, content (if contained in a mixture) and registration status shall be provided to downstream users.
5. The application scope for notification of products containing hazardous substances will be expanded. (Article 32 of K-REACH revised).
In addition to the hazardous chemical substances defined under K-REACH (toxic chemical substances, substances subject to authorization, restriction and prohibition), carcinogenic, mutagenic or accumulative substances will also be subject to production notification.
6. Penalty (newly added as Article 37 Paragraph 2 of K-REACH)
Manufacture, importation, or sale of chemicals without registration which cause any harm to human health or the environment will be punished. Downstream retail and final sale will include a charge to reflect this.
K-REACH was last revised on 27 Jan 2016. This amendment focused on issues concerning use of hazard evaluation results and supports to SMEs, etc. The updates will be effective on 28 Jan 2017 (CL news).
The proposed changes this time are far more significant in terms of impact on the chemical industry and companies exporting chemicals to Korea. The revisions on annual reporting and existing chemical registration are the most important changes. According to insider sources, if the new draft revisions are passed, the revised K-REACH will come into effect one year after the official release. The submission deadline for annual reporting is 30th of June meaning that annual reporting in 2017 will still be a requirement. For the first batch of 510 priority existing chemicals which were designated for joint registration in July of 2015 there is no confirmation from the authority whether the original registration deadline of 30 Jun 2018 still applies.
If you have any comments on the draft revision, please contact the MoE before 6 Feb 2017 via
Feedback online submission: http://opinion.lawmaking.go.kr
E-mail: minaseo@korea.kr
Fax: 044-201-6786
Concerning the inconvenience caused by language barriers you can also submit your comments to ChemLinked. We are now collecting feedbacks and suggestions from the industry and will promote dialogue with MoE. ChemLinked will keep a close eye on the legislation updates and keep our readers posted.
