Expected Effectiveness for Introduction of K-REACH

  K-REACH is a law to fulfill the global principle of “No Data, No Market” and public demand for safe use of chemicals. It can be thought of as a Korean version of EU REACH Regulation.
  Currently, the lower statutes are being legislated through gathering opinions of various interested parties, for example from communication and discussion within a conference group comprised of industries including foreign companies, and experts, etc.

  More than 85% among 44,000 species of chemicals in Korea are distributed without hazard information. Since only limited information is available for the other 15%, it would be no exaggeration to say that the impact these chemicals have on human health and the environment is not definite. It is no exaggeration to say that the impacts these chemicals have on human health and the environment are not definitive investigations because the other 15% chemicals were also figured out only restricted hazard information.
  In the future, if existing chemical substances already in circulation meet certain requirements, these substances should be registered under the K-REACH, and should only be used after evaluation of risk assessment concerning use and exposure. Safety standards and indication standards must be prepared and managed by risk assessment of chemical products, especially of the following: household items such as detergents and air fresheners, insect repellents, and biocides including disinfectants.
  With this, all chemical manufacturers, importers, and goods producers will contribute to public health and the protection of the environment by identifying and communicating information on risks and safe use of chemicals.

 For more information on regulations in Korea, please feel free to post your question or send an e-mail to ehcho@namandnam.com. Thank you.

SIMILARITIES AND DIFFERENCES BETWEEN K-REACH AND EU REACH

 K-REACH which will be implemented from January 1, 2015 in Korea has much in common with EU REACH. Let’s find out similarities and differences between K-REACH and EU REACH.

Similarities

1. Obligor and tonnage levels for registration (Existing substances)

 Obligor and tonnage levels for registration (Existing substances) are very similar in EU REACH and K-REACH. The actors with registration obligations under K-REACH are very similar to EU REACH, especially with the introduction of the concept of local representatives. The registration obligation will apply to local manufacturers and importers, and local representatives. The tonnage level for registration is 1-10 ton per annum, 10-100 ton per annum, 100-1,000 ton per annum, and over 1,000 ton per annum, the same as EU REACH.

2. Authorization system of chemical substances

 K-REACH will implement Authorization System of chemical substances which is not present in the current law - Toxic Chemical Control Act (TCCA). The Authorization system of chemical substances specifies substances subject to authorization, restricted or prohibited substances through the assessment of their uses and exposure. The authorization list is expected to be similar to the authorization list of EU REACH.

Differences

1. Substances subject to registration: registration of new chemical substances in quantities of less than one ton per year.

 The registration scope is generally similar: registration is required for new chemical substances, existing chemical substances and substances intended to be released from articles. However K-REACH requires new chemical substances manufactured∙imported in quantities of less than one ton per year to be registered as well.

 Although normally the existing chemical substances subject to registration as prescribed by the Ministerial Decree will require registration at above one ton per year, these substances may need to be registered at less than one ton per year if the substances are recognized to cause severe damage to human health and the environment. The Minister of Environment will designate and publish such substances through deliberation of the Evaluation Committee. Such existing chemical substances manufactured or imported in quantities of less than one ton per year will then need to be registered.

2. Evaluation criteria

 The testing requirements are differentiated depending on tonnage threshold for substances subject to registration. While there are a maximum of 61 testing requirements in EU, there are a minimum of 11 and maximum of 46 testing requirements in Korea. Therefore it is necessary to check the testing requirements for each tonnage level.

3. Reporting

 Unlike EU REACH, manufacturers•importers•salespersons of all new chemical substances or existing chemical substances in quantities of more than one ton per year have the obligation to report the uses of chemicals and the volume for the uses to the Minister of Environment every year as prescribed by the Ministerial Decree under K-REACH.

 Here we have discussed about the main considerations. But the lower statutes for K-REACH are still being legislated and regular monitoring is necessary. It is important for companies to make comparisons between K-REACH and EU REACH in advance and come up with response plans.

For more information on regulations in Korea, please feel free to post your question or send an e-mail to ehcho@namandnam.com.

Tips for overseas suppliers preparing for Korea's new chemical regualtion, K-REACH

 With K-REACH coming in effect from January 1, 2015, we have organized some checklists to help non-Community suppliers to be prepared for the new regime.

1. Make early-registration of new chemical substance using Korea’s existing law – the TCCA.
 It is a good opportunity for foreign entities to make registrations for new chemical substances early under the existing law – toxic chemical control act (TCCA) while they still can. The new chemical substances registered under the TCCA will be accepted under the K-REACH.

2. Identify and join consortiums of priority existing chemicals.
 Any person who intends to manufacture ∙ import any designated ∙ published existing chemical substances as prescribed by the Ministerial Decree (Ministry of Environment) at 1 ton or more per year will need to register the substance under K-REACH. Although the list of designated existing chemicals is still under revision, when the list is published, it will be vital for companies to check if their substances are included in the list and make preparations accordingly.

3. Start looking for a local representative to submit registrations under K-REACH.
 It is required for foreign companies to appoint a local representative established in Korea who fulfils the requirement specified by the Ministerial Decree, and may have him perform the following tasks to fulfil the registration obligations of the importers. Tasks include: reporting of import volume and use, registration application, notification, other tasks specified by the Presidential Decree.

4. Prepare cost sharing plans within the supply chain.
 Korean manufacturers and importers, local representatives appointed by a manufacturer, producer established outside Korea have the obligation to register a substance. Since one registration is required per substance in a supply chain, these actors can decide who will submit the registration dossier and prepare cost sharing plans

5. Secure supply chains and make early identifications of registration status within the chains.
 Since only one registration number is required for a substance within a supply chain, companies should check beforehand if the substance has been registered somewhere along the chain.

6. Research alternative substances for authorized∙restricted∙prohibited chemical substances.
 The Minister of Environment can revoke the designation of authorization listed substance that may no longer be used as an alternative substance or new technology is developed to substitute the authorization listed substance following deliberation of the Evaluation Committee.

For more information on regulations in Korea, please feel free to post your question or send an e-mail to ehcho@namandnam.com. 

Thank you.

Different types of substances in Korea

 MOE and MOEL have different types of substances. Today we have arranged the types of substances of both institutions.

  In Korea, the two institutions, MOE and MOEL, each divide registered substances into several types through hazard and risk assessment. MOE divides the substances into four types: Toxic chemicals, Observational chemicals, Restricted or Prohibited chemicals, and Chemicals requiring preparation for accidents. MOEL divides them into three types: Administration subject listed substances, Authorization subject listed substances, and Prohibition listed substances. If your substance belongs to the aforementioned types, they will be regulated, and required to go through procedures for reporting (or permission).

 An important issue when proceeding with polymer exemption notification is to check the types of monomers. If your new polymer chemical belongs to Toxic chemicals, you have to proceed with polymer notification under TCCA. If your new polymer chemical belongs to Administration subject listed substances, Authorization subject listed substances, and Prohibition listed substances, you have to proceed with polymer notification under OSHA.

 If you have any question, please feel free to post your question or send an e-mail to ehcho@namandanam.com. Thank you.