---
title: Updates from the K-REACH Subordinate Statutes Council
description: Updates from the K-REACH Subordinate Statutes Council
---

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# Updates from the K-REACH Subordinate Statutes Council

---

##### 21 January 2014

**Authored by Compliance & Risks Data Partner: [Kim, Choi & Lim](http://www.kcllaw.com/)**

The Korean Registration, Evaluation, Authorization, and Restriction of Chemicals Act (hereinafter the “K-REACH”) was enacted on May 22, 2013 and will be implemented on January 1, 2015.  In order to prepare subordinate statutes of the K-REACH and collect diverse opinions, the Ministry of Environment formed a “K-REACH Subordinate Statutes Council” (the “Council”) and began operating the Council in September 2013.

The following are the Council’s opinions on the main issues (please note that the below opinions are not finalized subordinate statutes of the K-REACH):

**1. Chemicals for R&D Purpose**

1. K-REACH Article 11 
     1. As for chemicals classified under the Executive Order, it is possible to manufacture and import chemicals without registration, if its registration is waived.
2. Opinions 
     1. Designate R&D purpose chemicals to be subject to registration waiver.
     2. Specify classifications such as process development, use as reagent, sample production before manufacture of product, testing purpose, etc.
     3. Permit transport outside of work site, but strengthen post management by requesting transportation/safety management plans.

**2. Registration of New Chemicals in Small Quantity**

1. K-REACH Articles 10 and 14 
     1. Businesses that are planning to produce or import one ton or more of ‘existing chemicals subject to registration’ or produce or import new chemicals shall register before producing or importing such chemicals.
     2. 9 registration application documents are required when registering. 
            1. Required materials for formal registration: Name, identification information, purpose of use, classification group, physical/chemical characteristic, harms, hazards, materials related to safety guidelines, and others under the ordinance of the Ministry of Environment.
     3. As for new chemicals classified under the Executive Order, if permitted under the ordinance of the Ministry of Environment, it is not necessary to submit some of the documents above.
     4. In order to test harmfulness, if necessary, the registrant may be ordered to submit the required documents for the test.
2. Opinions 
     1. Simplify the registration procedure for chemicals under one ton (0.1 ton by 2020). 
            1. Information/materials to be submitted: Licensee information, purpose of use, identification information, and exposure information in connection with purpose of use.
            2. Period: Notification within three days after applying for registration (seven days, if additional review is required).
3. If there is concern for direct exposure to consumers or if the accumulated amount exceeds the small quantity standard, submission of additional materials may be required.

**3. Provision of Information within the Supply Chain**

1. K-REACH Articles 29 and 30 
     1. The parties dealing with the registered chemicals or the mixture containing such chemicals shall exchange information (e.g., registration number, name, harms and hazards) regarding such products.
     2. Between a manufacturer/importer and a user of the lower end of the chain/seller of the chemicals and the mixture, when there is a request from one party to another, information such as characteristics, purpose of use, safety information, etc. shall be provided.
2. Opinions 
     1. Provide name (or general term), harms, limit on use, precautions, and other safety information of the chemicals.
     2. Exclude ingredients, content, and other trade secrets from the information to be provided.
     3. Information on volume of manufacture, import, use, and sales can be provided, but not required.

**4. Designation of ‘Existing Chemicals Subject to Registration’**

1. K-REACH Articles 9 and 10 
     1. After taking domestic distribution amount, and information on harms and hazards of the chemicals into consideration, designate and notify as ‘existing chemicals subject to registration’.
     2. Pursuant to the Executive Order, it is possible to not register, and manufacture or import during the registration grace period.
2. Opinions 
     1. Consider level of hazard such as purpose of use, exposure level, and others when designating.
     2. Designate and notify ‘existing chemicals subject to registration’ every three years and grant three years of registration grace period.
     3. Provide prior notice for designated chemicals (prior notice is scheduled before K-REACH is implemented (2014)).

**5. Clarification of Chemicals to be Registered**

1. K-REACH Articles 10 and 14 
     1. Businesses planning to manufacture or import chemicals shall register prior to manufacture or import.
     2. For chemicals classified under the Executive Order, if registration is waived, it is possible to manufacture or import the chemicals without registration.
2. Opinion 
     1. Impure matters or by-products (matters that are produced either accidentally or unintentionally) are excluded from registration, but it shall be included in the registration form of the main chemical (same as EU system).

As for intermediate matters (matters that are used in its entirety when

1. manufactured), detachable intermediate matters shall be registered, but not non-detachable ones, depending on whether or not it can be detached or eliminated (same as EU system).
2. Low concern high molecules are subject to registration waiver, but if it falls under the exclusion standard (e.g., cationoid), it shall be registered.

**6. Interim Measures**

1. K-REACH 
     1. Enforcement Date: January 1, 2015
     2. If one went through the harmful chemical test under the previous Toxic Chemicals Control Act, it is deemed to have completed the registration (reporting is required).
2. Opinions 
     1. Manufacturer or importer of the same new chemicals as the new chemicals that went through the harmful chemical test under the previous Toxic Chemicals Control Act: registration period may be postponed for one to two years.
     2. If the harmful chemical test has been waived under the previous Toxic Chemicals Control Act, and it is classified as high molecules subject to registration, the manufacturer or importer of such chemicals can have its registration period postponed for three to five years.

If one reported after self-control safety test under the Quality Control and Safety Management of Industrial Products Act: reporting period may be postponed for three years.

*We will shortly have a white paper available on this topic authored by Kim, Choi and Lim. If you would like to receive a copy, please email us at ***[newsroom@complianceandrisks.com](mailto:newsroom@complianceandrisks.com)***.*

*If you want to find out how you can keep track of REACH-like legislation throughout the world, sign up now for a [**30-day free trial**](http://www.complianceandrisks.com/30-day-free-trial-signup/) of C2P, our compliance knowledge management platform!*

 

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