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Revised implementation rules for K-REACH in South Korea, officially implemented on January 4, 2024!


Time:

2024-01-16

The South Korean Ministry of Environment has announced modifications to some parts of the Implementation Rules of the Chemical Registration and Evaluation Act, which will come into effect on January 4, 2024.

The South Korean Ministry of Environment has issued Decree No. 1064, announcing modifications to some parts of the Implementation Rules of the Chemical Registration and Evaluation Law, which will come into effect on January 4, 2024. The main revisions are as follows:

 

01. Revise Part of Article 41

 
Before revision After revision
According to Article 32 (1) of the K-REACH regulation, enterprises that produce or import products containing key management substances shall report the total amount of each chemical substance contained in the product (referring to the weight content of key management substances exceeding 0.1%) from the day after confirming that the total amount of each chemical substance exceeds 1 ton per year until the production or import of the product According to Article 32 (1) of the K-REACH regulation, enterprises intending to produce or import products containing key management substances must notify before producing or importing such products.

 

02. Add Article 42: Notification Method for Changes in Key Management Substances of Products

I. Those who plan to make changes to the notification according to this law shall submit an application for a change notification of key management substances in the product to the local environmental department chief, and attach the following documents:
Original notification of key management substances in the product;
Documents that can prove the changes;
Data protection application form (only applicable to situations requiring data protection).

II. Clarify that "changes within the scope specified in the regulations of the Ministry of Environment" refer to changes within 30% of the content of key management substances in the notified products.

III. Clarify that "changes in matters specified in the regulations of the Ministry of Environment" include any of the following situations:
Based on the annual total amount of key management substances in the notified products, their total amount shall increase by more than 50%;
Changes in the composition of importers of products containing key management substances (only applicable to situations notified by personnel designated by overseas manufacturers/producers under this law);
The composition of personnel entrusted to manufacture products containing key management substances has changed (only applicable to situations reported by commissioned manufacturing personnel).

IV. It is stipulated that the Director of the Local Environmental Management Administration shall, within 7 days from the date of receiving the change notification application, fill in the reason for the change on the back of the key management substances notification in the product and return it to the applicant.

V. Except for the matters specified in items (1) to (4), the necessary matters such as the method of change declaration shall be determined by the Director of the Ministry of Environment.

 

 

03. Add Article 55: (3) Application Method for Inheritance of Rights and Obligations

According to the provisions of this law, the application for qualification inheritance shall be accompanied by the following documents and submitted to the Chairman of the Korean Environmental Corporation:
Original copies of chemical substance registration notice, new chemical substance notice, chemical substance registration and exemption confirmation application result notice, or key management substance notice contained in the product;

The document proving the fact of status inheritance, upon receiving the application, the Chairman of the Korean Environmental Corporation shall confirm the certificate of legal person registration and the name of the business license through the administrative information stipulated in the Electronic Government Law. If the applicant does not agree to confirm the name of the business license, they should attach relevant documents.

II. The Chairman of the Korean Environmental Corporation shall, within 14 days from the date of receipt of the inheritance application, state the detailed information of the inheritance on the back of the document mentioned in paragraph (1) ① and return it to the applicant.

 

04. Appendix 11 Cost Changes

 
Cost Name Before adjustment After adjustment
Current key management substance declaration fees 50000 Korean won 20000 Korean won
Key management material change declaration fee / 15000 Korean won
Registration or declaration fees for the qualification inheritance of chemical substance registrants or declarants / 2000 Korean won

 

 
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