South Korea Urges Approval of Existing Active Substances under K-BPR

On March 10, 2023, South Korea’s Ministry of Environment (MoE) issued a notice to urge enterprises handling 'Group B existing biocidal active substances' to speed up dossier preparation and submission for approval under the Consumer Chemical Products and Biocides Safety Control Act (K-BPR). Under K-BPR, existing biocidal active substances are classified into four groups with the corresponding grace periods for approval depending on the product type (see figure below). For Group B, the grace period for approval will expire on December 31, 2024.

Considering the fact that about 18 months will be taken for the administrative procedures of approval (including official review and technical evaluation after the dossier submission), by the notice, the MoE stipulates the corresponding deadlines for Group B active substances as below.

The authority also emphasizes that, after the abovementioned deadline for dossier submission expires, the online application platform will be closed immediately and the applications for approval of Group B active substances will no longer be accepted.

Insights

• If enterprises submit the pre-registration application for Group B active substances before the deadline (2023.3.31), they can enjoy the corresponding grace period (until 2024.12.31). That is to say, during the grace period, enterprises can handle such active substances in the Korean market while carrying out compliance work under K-BPR.

• If applicants fail to submit the required materials before June 30, 2023, the MoE considers that they are unlikely to obtain the approval of Group B active substances within the corresponding grace period. It is advised to prepare and submit them in a timely manner since the corresponding deadline is approaching.

For Group A, the grace period ended on December 31, 2022. Therefore, biocidal active substances in Group A can only be put on the Korean market after obtaining approval. For unapproved active substances and biocidal products (BP) containing them, their manufacture, import, sale and distribution are prohibited in South Korea under K-BPR. According to the 2023 work plan for chemical management issued early this year, the MoE will enhance supervision in this regard to avoid illegal circulation.

Other major tasks under K-BPR specified in the 2023 Plan are summarized below.

Establish a supporting system for BP Approval

According to the 2023 Plan, South Korea's National Institute of Environmental Research (NIER) will develop 'test and evaluation methods' and 'test guideline' to provide technical support for preparing application materials, which helps BP containing approved active substances apply for and obtain the BP Approval smoothly.

Expand the application scope of K-BPR

The 2023 Plan proposes to designate 2 more types of products with hazard risks as 'consumer chemical products subject to safety confirmation', including:

• Finishing agents for artworks (used on the surface of handicrafts for protection and beautification); and

• Artworks painting auxiliary agents (used in conjunction with paint to improve its performance).

In addition, for accurate management, the authority intends to detail the usages of some 'consumer chemical products subject to confirmation' that have already been covered under K-BPR, i.e., (highlighted in red)

• Special-purpose coating agents (for heat insulation coating)

• Adhesives (for automobile putty)

• Remover (for removing cosmetic adhesive, electronic equipment impurity, rust, or iron powder)

In this regard, the MoE will hold an industry conference to hear public opinions in April 2023.

Enhance online market management

According to the 2023 Plan, the authority plans to strengthen the supervision on the online market to prevent illegal consumer chemical products from circulating in the Korean market. In June 2023, the MoE will meet and communicate with online distributors handling consumer chemical products.