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Updates:
South Korea's MoE recently announced the adoption of amendments to the K-REACH Enforcement Decree and K-REACH Enforcement Rules, detailing requirements for reporting changes of priority management substances contained in products and relevant penalties for violations. The revised reporting rules will take effect on January 4, 2024.
For more details, see Ordinance No. 33952, Ordinance No. 1064, and the previous article below.
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South Korea’s MoE is currently consulting on the proposed amendments to K-REACH Enforcement Decree and K-REACH Enforcement Rules, which aim at detailing rules for reporting changes of priority management substances contained in products and relevant penalties for violations. Comments are welcome before October 24, 2023.
Rules in this regard have been added under K-REACH by Ordinance No. 19172 issued early 2023 (CL news), and they will be in force on January 4, 2024. The revised K-REACH stipulates that the obligation of reporting applies if certain changes*** regarding priority management substances contained in the product occur. Accordingly, the MoE recently proposed to further detail relevant rules under K-REACH Enforcement Decree and K-REACH Enforcement Rules, as they are the supporting regulations of K-REACH.
Highlights
If the total content of priority management chemicals contained in a product is changed within 30%, the change can be exempted from reporting. If the total content increases by more than 50%, or if the composition of the importer or consignor of the product changes, the reason of such changes should be reported to the MoE.
Where a person fails to report the change of priority management chemicals in a product or conducts false reports, a fine of 6 million won for one violation and 10 million won for three or more violations shall be imposed.
Drafts can be accessed below:
***According to the revised K-REACH, if any of the following changes occurs, manufacturers or importers shall report the change to the MoE by the end of January of the following year after the occurrence:
A newly manufactured or imported product contains a priority management substance with the content exceeding 0.1% w/w;
The exposure information of the priority management substance contained in the product changes;
The use of the priority management substance changes;
The priority management substance content changes (except for changes within the scope specified by the MoE); or
Other information required by the authority changes.
However, if the target substance’s production/import quantity does not exceed 1 ton/year, the corresponding report can be omitted.
So far, two lists of 672 substances subject to priority management under K-REACH were issued, including:
The first list of 204 substances, effective from 1 Jul 2019; and
The second list of 468 substances, effective from 1 Jul 2021.
