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.