Legal Background of K-REACH in Korea

    K-reach of The Republic of Korea (HEREINAFTER referred to as K-REACH) is a chemical Registration and Evaluation (etc. Of Chemivals) of The Republic of Korea, which has been formally implemented on January 1, 2015. Since 2016, the Ministry of Environment of South Korea has been working on the revision of k-REACH regulations. On 28 February 2018, the K-REACH amendment was approved by the Korean Parliament, and the new version of K-REACH came into effect on 1 January 2019. According to the law, new chemicals, existing substances exceeding 1 ton/year and 510 PEC substances must be registered before they can be legally released into the South Korean market. For existing substances exceeding 1 ton/year, pre-registration can be carried out first and then corresponding buffer period will be obtained. Formal registration is required before the end of buffer period.

Scope of exemption of K-REACH

Radioactive substances, pharmaceuticals and medical supplies, narcotic drugs, cosmetics and raw materials used in cosmetics, pesticides and raw materials, fertilizers, food, food additives, containers, packaging,

Fodder, gunpowder, munitions (other than commercial supplies as defined in the Munitions Administration Act), health food, medical devices, personal care products, biocides and exterminator products

Note: With the exception of the above exemptions, all the others fall under the jurisdiction of K-REACH.

K-reach is registered mainly for new chemicals, existing chemicals and consumer products containing key management substances.

Type of K-REACH registration

For new chemicals, k-REACH has the following types of registration:

Application for exemption from registration includes the following 8 circumstances:

1. Chemical Substances for export only (annual unit)

2. When used for the manufacture of other chemicals for export only (in years)

3. Scientific experiment analysis or chemical research on reagents (the first time)

4. Chemical substances for research and development (R&D project unit)

5. Low focus polymers (first time)

6. Reactants that are not or have completed the surface treatment of the substance of the declared/registered object

7. Non-separated intermediate (first time)

8. Field isolation intermediate to prevent leakage by technical means (initially 1 time)

For existing chemicals, K-REACH has the following types of registration:

General separate registration: the first batch of 510 substances above 1T/A (joint registration for these substances closed on 30 September 2018);

Pre-registration: Existing chemical substances in addition to the first batch of 510 registered substances (until 30 June 2019);

Full fegistration: Each registrant shall complete joint registration (or separate registration) according to the registered tonnage within the corresponding buffer period.

For consumer products containing key managed substances, K-REACH has the following types of registration:

Declaration: the key substance weight ratio in the product is more than 0.1%& the annual total is more than 1 ton.

K-reach penalty clause

K-reach provides specific punishment and liability for various cases of non-compliance. Those who fail to declare/register/change registration will be sentenced to imprisonment of less than 5 years or a fine of less than 100 million won.

Termination of sale or recall of the sold product. In addition, k-REACH, as amended in 2018, has added a system of fines of less than 5 percent of illegal sales

Chinese enterprises K-REACH countermeasures

Chinese enterprises can successfully cope with K-REACH as long as they pay attention to the following points:

1. Product ingredient list management and regulatory confirmation

2. Confirm existing export records and discuss future export plans

3. Cooperation with Korean importers

4. Confirm the term of the registered object substance and set up the registration plan

5. Select consulting companies (OR agents) and establish registered technical solutions

6. Risk management of hazardous substances and key management Substances (SDS Update)