Q: The amended K-REACH has taken effect. Is it necessary for related enterprises to pre-register the existing substances that have already been imported?
A: After the amended K-REACH came into effect, all the existing substances (>1t/a) shall complete pre-registration before 1 Jul. 2019 to obtain the grace period.
Q.: Is it possible that the importer does pre-registration and foreign manufacturer appoints an OR in later stage to complete the registration for that pre-registered substance?
A: It is possible. (Note: it is just a verbal feedback from a MOE responsible person, yet it is not clearly defined in the amended K-REACH)
Q.: If the substance is a mixture, what is the registration object, the mixture or the components? What about a polymer?
A.: Related enterprises must complete registration for substances exceeding 1t/a. In terms of mixtures, related enterprises must complete pre-registration/ registration for every component exceeding 1t/a. But in terms of a polymer, the polymer itself shall be pre-registered/ registered.
Q.: One product is exported to a Korean distributor. Then, this product is sold to a downstream processor by the distributor. Who need to complete the pre-registration?
A.: Pre-registered substances shall only be completed by one role in the supply chain. It is suggested that Chinese enterprise appoints an only representative for the pre-registration to ensure the initiative in international trade and to protect the business secrets including the product formula.
Q.: One product is exported to Korea. Currently, the product has one importer only. Is it necessary to update the pre-registration if the number of importers increases after pre-registration?
A.: The pre-registration must be updated. The new importers shall be added before trade starts.
Q.: Is it necessary to complete pre-registration for the 510 priority existing substances?
A.: No, pre-registration is not available for PEC substances
Q.:Whether all the Korean importers shall be listed in the pre-registraton/registration dossier?
A.: Yes, only listed importers can complete customer clearance
Q.: Is it possible to change the tonnage band after the pre-registration is completed?
A.: The tonnage band as well as the usage of substances can be changed after the K-REACH pre-registration.
Q.: Is MSDS necessary for pre-registration?
A.: No, MSDS is not necessary for pre-registration. But if the substance is classified as hazardous, authority may require related enterprises to provide necessary documents for confirmation.
Q.: Naturally existing substances are exempted from REACH registration. Are they the same under the amended K-REACH?
A.: Substances themselves existing in nature and substances of natural sources (not chemically modified) are subject exemption from K-REACH registration.
Q.: How can I judge if it is necessary to complete pre-registration under the Amended K-REACH?
A.: If the substances are existing substances (>1t/a) and are not listed in the PEC List, then pre-registration is required (Article 10). Meanwhile, related enterprises must make sure whether the substances are subject to exemption from registration.
Q.: How to calculate the volume of substances exported to Korea under K-REACH?
A.: MOE suggests that it is better to determine the pre-registration volume based on the average export tonnage during 2016~2018. That is to say, if an enterprise respectively exports substances in volumes of 20 tons, 50 tons and 120 tons from 2016 to 2018, enterprises may choose to complete pre-registration of 10-100t/a. But as the exported volume exceeded 100 tons in 2018, the enterprise can also choose to complete pre-registration of 100-1000t/a to ensure that the supply is sufficient.
Q.: One enterprise cooperates with several importers in Korea, and the import volume of each importer is less than 1t/a. Is it necessary for the enterprise to carry out pre-registration?
A.: No, not necessary. But the enterprise should better consider whether the tonnage will increase or not in the future.
Q.: What are the consequences if enterprises fail to complete pre-registration timely under the amended K-REACH?
A.: If enterprises fail to complete pre-registration before 1 Jul. 2019, manufacture, import, sales and use of any existing chemical of annual quantity more than 1 ton will be hindered, unless related enterprises completed the K-REACH registration. Penalties for illegal activities are as stated below:
Imprisonment for up to 5 years or fines of up to 100 million KR-won for those who did not register or falsely registered the existing chemical yet manufactured or imported. Specific penalties are subject to the number of illegal activities and the seriousness of the consequences.
Q.: Is it possible to change an OR under the amended K-REACH? Why is it so important to select a reliable OR?
A.: Currently, it is not possible to change an OR under K-REACH, unless the previous OR closes down. If related enterprises still need to change OR, the completed registration will lose validity. Enterprises need to complete a new K-REACH registration. For this reason, enterprises should pay significant attention to the stability and capability of the OR before entrusting an OR.
Q.: A producer produces mixture. However, different components are from provided by different suppliers
- Is it possible that the producer entrusts an OR to complete the registration?
A.: Yes, it is OK. In this situation, manufacturers of preparations are considered as producers. If a producer entrusts an OR for K-REACH registration, the producer shall know well about all the components of the preparation, including purity, by-products, impurities, chemical name, CAS No., etc,
- Since the mixture shall be registered per component, is it possible that some components are registered by importer and others registered by the producer of the preparations or supplier of the components?
A.: It is OK. Every component shall only be registered by one role through the supply chain. For instance, if component A is registered by the importer, then the manufacturer does not need to register the component A but the remaining ones.
- Component supplier completed the pre-registration. Is it possible to add the Korean importers of the mixture into the pre-registration done by component supplier?
Q.: Is synthetic graphite subject to exemption from registration?
A.: No, synthetic graphite cannot be exempted from K-REACH registration, as it is not a naturally existing substance. Besides, the synthetic graphite is an existing substance (KE-18101)
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