Two subordinate statutes of K-REACH have been issued for public consultation (Chemlinked news 21 Feb 2014). The statutes were drafted based on conclusions made by a task force consisting of industry stakeholders, government officials, experts and NGOs. The development of this program is different from traditional legislative procedures where authorities engage in talks prior to drafting legislative documents, before finally opening them to public consultation. This new legislative method is less likely to face resistance from industry and ultimately more likely to be successfully passed.
The registration of new chemicals will undergo a devolutionary process where regulatory responsibility will be shifted from TCCA to K-REACH. The measures during this transitional period are a major concern for original and potential registrants. As clarified in the draft Presidential Decree and Ministerial Decree, the following scenarios are a useful reference.
Case 1: New chemicals having received hazard examination results under TCCA but unpublished on the Official Gazette by 1 Jan 2015 are still considered new chemicals under K-REACH. Only the original applicants will be exempt from new chemical registration under K-REACH. However, the original applicant is required to notify to the NIER before 30 Jun 2015 and submit the following information: