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South Korea has introduced recent amendments to K‑REACH, along with draft revisions to its Enforcement Decree and Enforcement Rules. While the amended Act has already been promulgated, the detailed subordinate regulations remain subject to pre-announcement. Together, these updates are expected to take effect on May 12, 2026.

1. Cost-Sharing Principles for Joint Registration

The amended Act provides that cost sharing for the joint submission of registration data, as well as the allocation of costs arising from the joint use of existing registration data, shall be determined by agreement between the parties. At the same time, the Act directly stipulates the fundamental principles that must govern such agreements.

• First, the costs must be determined in a fair manner based on reasonable criteria that take into account the interests of all parties, including, among other factors, each party’s manufacturing or annual import volume of the chemical substance.
• Second, the determination must be made in a transparent and clear manner, including the provision of objective and reliable evidence regarding the actual costs incurred for the generation and submission of the registration data and the method of cost allocation.
• Third, the costs must be determined on a non-discriminatory basis, without imposing unreasonable conditions on any particular party without justifiable grounds.

2. Introduction of a Dispute Mediation Mechanism

A new dispute mediation mechanism has been introduced for situations in which a failure to reach agreement during joint submission or joint use may jeopardize the registration of a chemical substance. In such cases, the parties may apply to the Ministry of Climate, Energy and Environment (hereinafter the Ministry) for mediation.

An application for mediation may be filed if the parties fail to reach agreement on the selection or generation of data for joint submission, the sharing of costs, or the joint preparation and submission of the dossier. It is also available where, in relation to existing registration data, unreasonable compensation is demanded or consent to use the data is refused.

Upon receipt of an application, the Ministry may prepare and present a mediation proposal within 90 days, which may be extended where unavoidable circumstances exist. An applicant who is presented with the proposal must notify the Ministry of its acceptance or rejection within 30 days; failure to respond within that period shall be deemed acceptance. The Ministry may require the submission of cost-related materials and other relevant information for the purpose of preparing the proposal. In addition, fact-finding investigations related to the dispute shall be carried out by the KECO (Korea Environment Corporation).

3. Deferral of Registration Data Submission Requiring the Data Owner’s Consent (related to the Dispute)

Where an application for dispute mediation has been filed but the opposing party does not accept the proposed mediation terms, thereby resulting in disruption to the registration process, the applicant may apply for a deferral of submission with respect to registration data that require the data owner’s consent.

In deciding whether to grant such a deferral, the Ministry may approve a postponement of up to one year after considering broader public interests, including national security, the national economy and industrial development, and the promotion of fair trade and competition. If deemed necessary, the Ministry may shorten or extend the approved period, provided it doesn’t exceed the one-year limit.

The receipt and approval of applications for deferral of submission of registration data shall be handled by the NICS (National Institute of Chemical Safety). An applicant seeking a deferral must submit the prescribed application form, together with supporting documentation substantiating the grounds for deferral, to the NICS. The NICS is required to notify the applicant of the review outcome within 30 days from the date of receipt. If an extension is sought before the expiry of the deferral period, the application for extension must be submitted no later than 30 days prior to the expiration date.

However, if a registrant who has obtained approval for a deferral fails to submit the relevant registration data to the NICS within the granted deferral period, the registration will be cancelled. Accordingly, the amended Act does not exempt a party from the obligation to register; rather, it serves as a procedural measure allowing a temporary postponement of data submission under defined conditions.

4. Succession of Legal Effect and Expansion of the Scope of Duties upon a Change of the Only Representative (OR) Appointed by an Overseas Manufacturer or Formulator

The amended Act provides that, where an overseas manufacturer changes the only representative appointed to perform obligations on behalf of importers in Korea, the newly appointed only representative shall succeed to the legal effect of the duties previously carried out by the former only representative under K-REACH.

In such cases, the overseas manufacturer or formulator must obtain the consent of the newly appointed only representative, who is required to file a notification with the KECO of the change within one month from the date of appointment. The notification must be accompanied by documentation evidencing the succession of duties, and the KECO must issue a certificate of notification within the prescribed period.

Through these revisions, the amended Act institutionally prevents any potential gaps in the validity of registration resulting from a change of only representative and clarifies the continuity of regulatory obligations.

In addition, with the introduction of the dispute mediation mechanism concerning the joint submission and joint use of registration data, as well as the deferral system for the submission of registration data requiring the data owner’s consent, the scope of activities that may be carried out by the only representative appointed by an overseas manufacturer or formulator has been expanded accordingly. The only representative is now expressly authorized to file applications for dispute mediation in relation to the joint submission or joint use of registration data, as well as applications for deferral of submission of registration data requiring the data owner’s consent, including any related applications for extension.

Conclusion

The 2026 K-REACH amendments, together with the draft revisions to the Enforcement Decree and Enforcement Rules, introduce a more structured framework for joint submission, data sharing, dispute mediation and only representative continuity.

REACHLaw Korea is equipped with expertise and dedicated personnel to manage the full range of procedures required under the amended K-REACH framework, including joint submission coordination, dispute mediation support, applications for data submission deferral, and notification of Only Representative (OR) changes. We provide practical, execution-focused support to help overseas manufacturers and formulators minimize regulatory risk and ensure seamless compliance without procedural gaps.

Seeking assistance? Contact us at sales@reachlaw.fi for K-REACH related support!