The Ministry of the Environment of Korea had draft a
Korean REACH, i.e. Act on the Registration and
Evaluation of Chemicals (화학물질 등록 및 평가 등에 관한 법률), in
January 2011. The draft Act of January 2011 is currently
under the inter-ministerial consultation and will soon
be released to the public consultation. As the title
says, the draft Act of January 2011 would be the whole
amendment of the current Toxic Chemicals Control Act
(유해화학물질관리법) and introduce many similar regulatory
elements from EU REACH.
The Ministry of the Environment of Korea had draft a
Korean REACH, i.e. Act on the Registration and
Evaluation of Chemicals (화학물질 등록 및 평가 등에 관한 법률), in
January 2011. The draft Act of January 2011 is currently
under the inter-ministerial consultation and will soon
be released to the public consultation. As the title
says, the draft Act of January 2011 would be the whole
amendment of the current Toxic Chemicals Control Act
(유해화학물질관리법) and introduce many similar regulatory
elements from EU REACH.
Amongst others, the following new concept and
requirements would be introduced in the draft Act of
January 2011:
-
Priority chemicals
(평가대상물질): amongst existing
chemicals, hazardous chemicals
designated by the Ministry of the
Environment
-
Chemicals for
authorization (허가대상물질): similar
concept like “Authorization” in EU
REACH
-
Chemicals for
Restriction or Prohibition (제한, 금지물질):
similar concept like “Restriction” in EU
REACH. However, this element has existed
in a form of “Severely Restricted or
Banned Substance” in the current Toxic
Chemicals Control Act.
-
Only Representative
(전권대리인): similar concept like
“Only Representative” in EU REACH
Annual notification on the manufacture
or import of existing chemicals
-
Pre-registration of
priority chemicals (예비등록):
similar concept like "Pre-registration"
in EU REACH. However, this requirement
would be only applicable to "priority
chemicals", not whole existing
chemicals. The minimum threshold
quantity would be 0.5 ton, not 1 ton.
-
Joint submission of registration
dossiers: similar concept like
“joint submission” in EU REACH. As Korea has
the civil law system, however, all the
details for joint submission would be
specified in a Ministerial Ordinance issued
from the Ministry of the Environment.
-
Data sharing: similar
conception like “data sharing” in EU REACH.
-
Permission for the manufacture,
import and use of chemicals for
authorization: This would be the
requirement that will impact all article
manufacturers.
-
Notification of products containing
chemicals for restriction or prohibition:
This would also impact all article
manufacturers.
-
Communication in supply chain:
information on chemicals for authorization,
restriction and prohibition would have to be
communicated between suppliers and
customers. In order to allow transition,
the draft Act of January 2011 would enter
into force 2 years from the date of
publication in the official journal.
-
Table of Contents
Chapter I General Provision
Article 1 Purpose
Article 2 Definitions
Article 3 Applicability
Article 4 Responsibility of
State
Article 5 Responsibility of
Corporations
Article 6 Only Representative
Article 7 Framework Plan on the
Evaluation of Chemical
Substances
Article 8 Committee on the
Evaluation of Chemical
Substances
Chapter II Registration of
Chemicals
Article 9 Notification on the
Manufacture or Import of
Chemical Substances
Article 10 Designation of
Priority Chemical Substances
Article 11 Confirmation of
Chemical Substances
Article 12 Pre-registration of
Priority Chemical Substances
Article 13 Transition Period for
Pre-registrants
Article 14 Pre-confirmation on
the Statue of Registration
Article 15 Registration of
Chemical Substances
Article 16 Registration Data for
Chemical Substances
Article 17 Notice on the Result
of Registration Process
Article 18 Manufacture or Import
of Chemical Substances
Article 19 Modification of
Registration
Article 20 Joint Submission of
Registration Dossiers
Article 21 Submission of
Existing Data for Registration
Article 22 Prohibition on
Repetitive Generation of Test
Data on Vertebrate Animals
Article 23 Measures on the
Dispute over Data Sharing
Chapter III Evaluation of
Chemicals
Article 24 Review of Testing
Proposals
Article 25 Evaluation of Hazards
Article 26 Notice on the Result
of Hazard Evaluation
Article 27 Public Disclosure on
the Result of Hazard Evaluation
Article 28 Risk Assessment
Article 29 Designation of
Laboratories
Article 30 Revocation of
Designation on Laboratories
Chapter IV Authorization and
Restriction of Chemicals
Article 31 Designation of
Chemicals for Authorization
Article 32 Modification of
Authorization List
Article 33 Permission for the
Manufacture, Import or Use of
Chemicals requiring
Authorization
Article 34 Revocation of Authorization
Article 35 Designation of Chemicals for
Restriction or Prohibition
Article 36 Pre-Verification of Chemicals
subject to Restriction or
Prohibition
Article 37 Notification of Products
containing Chemicals for
Restriction or Prohibition
Chapter V Communication on Chemicals
Article 38 Provision of Information on
Hazard Evaluation
Article 39 Provision of Information on
Authorization
Article 40 Provision of Information on
Restriction or Prohibition
Article 41 Modification of Supplied
Information
Chapter VI Supplemental
Article 42 Data Disclosure
Article 43 Reporting and Inspection
Article 44 Recordkeeping
Article 45 Data Protection
Article 46 Administrative Penalties
Article 47 Hearing
Article 48 Mandate of Power
Article 49 Fee
Article 50 Designation and Operation of
Green Chemistry Center
Article 51 Revocation on the Designation
of Green Chemistry Center
Chapter VII Penalties
Article 52 Penalty
Article 53 Penalty
Article 54 Penalty
Article 55 Penalty
Article 56 Dual Liability
Article 57 Fine for Negligence
Schedule
Article 1 (Implementation Date)
Article 2 (Ban on the Sales of Chemicals)
Article 3 (Pre-registration Period of
Chemicals)
Article 4 (Transition on the
Application of Registration)
Article 5 (Transition on the Designation
of Laboratories)
Article 6 (Transition on Penalties)
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