Pre-registration

K-REACH Pre-registration

The amended Act on Registration and Evaluation of Chemicals, also known as K-REACH, will be officially implemented from 1 Jan. 2019. Enterprises’ obligation under the amended K-REACH has been tremendously changed, including the introduction of pre-registration.

According to the requirements of the amended K-REACH, Korean manufacturers/ importers of existing chemicals (excluding substances listed in the first batch of registration list) that manufactured/ imported over 1t/y during 2016-2018 must submit pre-registration between 1 Jan. 2019 and 30 Jun. 2019. If an oversea manufacturers need to export existing chemical substance (excluding substances listed in the first batch of registration list) exceeding 1ton/ year to a Korean enterprise, the oversea enterprise could also complete pre-registration by appointing a Korean Only Representative. Related enterprises can enjoy the corresponding grace period based on the registration tonnage and hazards of substances.

From 1 Jul. 2019, substances (exceeding 1 ton/y) that have not completed pre-registration/registration cannot be manufactured/ imported/ used in Korea. If related enterprises violate the law and continue to manufacture/ import/ use such substances, enterprises responsible person may be given a fine of no more than five years imprisonment or no more than 100,000,000 won, depending on the time and seriousness of the incidents.

Pre-registration Process

-Fill in the substance information survey

-Determine the type of substances and the pre-registration tonnage

-Enter into contract and POA (Power of attorney)(enterprises outside South Korea)

-Prepare the pre-registration dossier

-Send the pre-registration number and completion notice

-Maintain pre-registration information (if necessary)

Notes

*Ministry of Environment (MOE) suggests that related enterprises can determine the pre-registration tonnage based on the average volume during 2016-2018.

*Manufacturing enterprise outside South Korea must entrust a legal entity based in Korea as its only representative (OR) to comply with the obligations under K-REACH, including pre-registration, registration and products notification.