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For companies involved with chemicals in South Korea, understanding K-REACH is critical – not just for registration, but also for ongoing compliance. This article highlights a crucial yet often overlooked obligation: the mandatory provision of safety information to downstream users after the registration of a substance under K-REACH.

Whether you are new to South Korea’s chemical regulation or already familiar with K-REACH, it’s important to recognize that registration is just one part of the compliance process. Once your substances are registered, there are ongoing responsibilities that must be fulfilled, particularly in regard to communicating vital safety and usage information to those downstream in the supply chain.

K-REACH: Brief overview

The amended K-REACH regulation, which came into effect on 1 January 2019, requires manufacturers and importers to register or notify chemical substances with the Ministry of Environment (MoE) based on the volume and type of substance.

Key Deadlines:

• Existing PEC substances: Required to be registered with the National Institute of Chemical Safety (NICS) by 30 June 2018.
• Existing substances (≥ 1 tonne/year): Required to pre-register with the Korea Environment Corporation (KECO) system until 30 June 2019. Failure to pre-register means substances must be fully registered before manufacture/import depends on its grace period.
• New substances (≥ 1 tonne/year): Must be fully registered before its manufacture/import regardless of its tonnage band.
• New substances (< 1 tonne/year): Must be notified to the Korea Environment Corporation (KECO), but do not require full registration.

Full registration deadlines for existing substances (≥ 1 tonne/year):

• 31 December 2021: For substances > 1,000 tonne/year or CMR substances > 1 tonne/year
• 31 December 2024: For substances > 100 – 1,000 tonne/year
• 31 December 2027: For substances > 10 – 100 tonne/year
• 31 December 2030: For substances > 1 – 10 tonne/year

Companies that missed the pre-registration or applicable registration deadlines are required to complete full registration prior to manufacturing or importing the substance(s) into South Korea. However, for companies planning to manufacture/import chemical substance(s) between 1 – 100 t/year, pre-registration must be complete before placing products in South Korean market.

For foreign manufacturers or formulators placing substances on the South Korean market that fall under K-REACH requirements, compliance can be managed through the appointment of an Only Representative (OR) based in South Korea. The OR acts on behalf of the foreign entity to fulfill K-REACH obligations, including registration, communication, and reporting duties.

Post-registration obligations: Information provision to downstream users

A successful K-REACH registration does not mark the end of a company’s obligations under K-REACH. One critical and legally binding requirement, outlined in Article 29 of the K-REACH regulation, is the obligation for registrants to provide safety information to their downstream users.

To clarify: Under K-REACH, the term “downstream user” refers to a company or individual who uses chemical substances or mixtures in the course of their business activities. In the case of a corporation, this applies only if it is incorporated in the Republic of Korea.

Please note that manufacturers, importers, sellers, and consumers of chemical substances or mixtures are excluded from this definition.

Furthermore, when a foreign manufacturer or formulator appoints an Only Representative (OR) in South Korea to ensure K-REACH registration compliance, their local importers are considered sometimes downstream users under K-REACH.

Suppliers of registered substances, as such or contained in mixtures, must provide the following details to their downstream users:

1. Registration number
2. Substance name
3. Hazard and risk information
4. Safe use instructions

For foreign manufacturers/formulators exporting chemicals to South Korea, understanding and fulfilling this requirement is essential for legal compliance and safe chemical management.

What information must be provided?

According to K-REACH, the following information must be shared with downstream users upon successful registration:

• Name, address, and contact details of the supplier
• Chemical name or generic name
• Registration/report number and unique substance identifier
• Classification and labeling
• Intended or restricted uses
• Physical/chemical properties, health and environmental hazards
• Exposure scenarios and risk management measures
• Hazard content (for hazardous chemicals)
• Safe handling and emergency response instructions
• Disposal procedures and regulatory status

This information must be provided once the substance is registered. Afterward, it only needs to be provided upon request by a downstream user.

Distinguishing K-REACH requirements from SDS obligations

Much of this information overlaps with the contents of a Safety Data Sheet (SDS). However, compliance with SDS requirements under K-OSHA (Korea’s Occupational Safety and Health Act) – e.g., just delivering SDSs to downstream users – does not fulfill K-REACH obligations.

What are the other requirements that must be fulfilled by K-REACH registrants?

• If an SDS has already been submitted to the authorities under K-OSHA, K-REACH registrants are required to provide to their DUs only the summary of substance(s) hazard information in Form 26, along with the SDS.
• If the SDS has not been submitted to the authorities, Form 25 must be completed in full and provided together with the SDS.

Therefore, even though the data may appear redundant, companies must comply with both K-OSHA and K-REACH provisions separately.

Final Thoughts: K-REACH Compliance beyond registration

Meeting K-REACH’s post-registration obligations requires not only an understanding of the law but also a proactive approach to chemical safety and communication within the supply chain. Even for substances handled in volumes below 10 tonnes/year – where exposure assessments are not mandated – information provision remains a legal requirement following registration or notification.

Due to the complexity and overlap of South Korea’s regulatory landscape, companies are strongly encouraged to consult with regulatory experts to ensure timely, accurate, and efficient compliance with all aspects of K-REACH. REACHLaw Korea is happy to support you in meeting both registration and post-registration obligations under K-REACH – ensuring companies continued market access. You can contact us at KREACH@reachlaw.fi.