South Korea Publishes FAQs on Notification of Products Containing Priority Management Substances

On 28^th December 2018, two lists of 672 substances subject to priority management under K-REACH were issued by South Korea's Ministry of Environment. Notification of products containing priority management substances (including hydrates) is required before manufacture or importation if

The content of a priority management substance exceeds 0.1 % w/w; and
The total import or manufacture weight of the priority management substance in products is over one ton per year.

The first batch of the priority management substances (List 1) entered into effect on 1^st July, 2019 and the second will take effect from 1^st July, 2021. (CL News ^[1])

According to the management requirements, manufacturers or importers have legal obligations to notify the authority about the name, use, content, hazards, simple exposure information, etc. of the priority management substance. To help enterprises better understand the operation details of the Notification, Korea Chemicals Management Association (KCMA) issued the FAQs ^[2] on the notification of products containing priority management substances. There are 54 questions in three classes included in the FAQs, specifically, 39 questions about the confirmation of the products subject to the Notification, 10 about the method and procedure of the Notification and 5 others

Here are some of the more important FAQs and corresponding answers:

Questions on confirmation of the notification objects

Q1: Does car paint imported for car production require Notification?

A1: Car paint used during production does not require Notification even if it contains priority management substances, for the paint is just a raw material and not exposed to the customers directly.

Q2: A liquid foaming agent exported from Korea is re-imported back to Korea due to product problems. Does this require Notification?

A2: Return imports are also a kind of import, so the liquid foaming agent needs Notification.

Questions on the notification method and procedure

Q3: Is the import volume accumulated from July when notifying priority management substances in List 1?

A3: The import volume should be accumulated from the very beginning of 2019. If the total import volume of the year has not been finalized, a Pre-notification is acceptable, but the formal notification is required to be completed before 31^st April in next year if the total import volume meets the set level.

Q4: When company A entrusts company B to produce, which company should complete notification

A4: Company B should complete notification but under certain circumstances A can also undertake notification.

Q5: If overseas manufacturers do not provide material information due to CBI concerns, nor do they choose an OR, how should the product be notified?

A5: Knowing the fact that the product contains priority management substances, Pre-notification shall be completed at first. (The same procedure as it mentioned in A3) Since K-REACH has required the registration or notification of imported chemicals, importers should try their best to demand chemical information or a chosen OR from the manufacturers. (Overseas manufacturers or exporters are allowed to select a Korea local OR to complete the Notification on their behalf, if they wouldn’t like to provide substance information for the importers.)

Q6: How to determine whether Notification is required if a priority management substance is used as a raw material to synthesize a polymer and there is no data on the concentration of residual priority management substance remaining in the product?

A6: In circumstances where the concentration of a priority management substance is not known it should be estimated based on the maximum expected amount. According to this principle, the content in product and annual cumulative weight of the priority management substances are predicted. Of course, polymers that do not meet the Notification requirements should be handled in accordance with the registration or notification procedures of the chemicals.

Other questions

Q7: If a substance is both a priority management substance and a biocide, does it need to comply with two laws (K-BPR for biocides and K-REACH for priority management substances)?

A7: No. Biocides under K-BPR are not subject to the K-REACH Notification.

Q8: If a priority management substance is also one of the 510 existing substances and has been registered, can it be exempted from Notification?

A8: According to relevant requirements in K-REACH, the substance can be exempt from Notification if it has been registered or notified.

Q9: If a priority management substance has been registered under K-REACH, does it need an explanation on the exemption from Notification?

A9: If the priority management substance produced or imported meets the specified standard but has been registered according to its use, it can be exempt from Notification. (For example, if the xylene has been registered as dilution solvent for the preparation of a dye, the dye can exempt from Notification.)

Q10: If the substance was registered before K-REACH was revised, does it need Notification?

A10: For products notified as Product Containing Hazardous Chemicals under previous K-REACH, although the priority management substances and hazardous chemicals contained in the product that are required to notify are duplicated, the product need a new notification with specified exposure routes.