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On August 25, 2022, South Korea's Ministry of Environment (MoE) officially published the Regulation on Designation, etc. of Substances subject to Authorization (hereinafter referred to as the Regulation) to specify how to select candidate substances and designate substances subject to authorization under K-REACH. The Regulation will come into effect on October 15, 2022.
Compared with the draft version published for public comments in February 2022, there's no big change made in the final version. For details about the main procedures of designating substances subject to authorization, please see South Korea Finalizes Criteria for the Designation of Candidate Substances Subject to Authorization.
According to Article 10 of the Regulation, for substances that are designated as substances subject to authorization, the corresponding information will be made public, including:
Chemical name and CAS number;
Content limits in mixtures;
Usages exempted from obtaining authorization; and
Grace period.
The concept of "substances subject to authorization" has been introduced in 2015 under K-REACH. However, so far, no substances subject to authorization have been officially designated. This is the first time the MoE has officially issued a supporting regulation for the designation of substances subject to authorization.
In early 2022, ten candidate substances subject to authorization were selected for public comments (CL new). These candidates are selected from substances that have been subject to priority management under K-REACH and other concerned chemicals, based on each substance’s hazards, domestic circulation volume, the existing risk assessment results and control measures in South Korea and abroad. It remains uncertain when the first batch of substances subject to authorization will be released.
Once designated as substances subject to authorization, they cannot be used or placed on the market after a specified "sunset date", unless the usage has been authorized or is exempt from authorization.
