1. Reasons for Amendment
As the Act on Registration, Evaluation, etc. of Chemicals was amended to require the reporting of any important change about a substance subject to intensive control in a product, and to allow a person who has registered or reported a chemical substance or received a confirmation of exemption from registration to transfer the status or take over rights and duties in case of a merger of a corporation (Act No.19172; partially amended on January 3, 2023; to be enforced on January 4, 2024), this Partial Amendment is intended to determine matters delegated by the Act and necessary for its implementation, including procedures and fees for the reporting of a change about a substance subject to intensive control in a product and the reporting of the takeover of the status of a person who has registered or reported a chemical substance, require companies to simply state whether registration and reporting have been made, instead of registration and reporting numbers, when a registered chemical substance is transferred without submitting risk data in an effort to strengthen the protection of companies' trade secrets, and otherwise address and improve upon a number of weaknesses that have emerged from the operation of the current system.
2. Major Provisions
A. Simplify information and data to be delivered when a chemical substance is transferred (Article 36 paragraph 1)
Require companies to simply state whether registration and reporting have been made, instead of registration and reporting numbers, as the current regulation requires companies to provide and state additionally registration and reporting numbers for the chemical in the material safety data sheet when a registered chemical is transferred without submitting risk data, while some suggest that the disclosure of the registration and reporting numbers may expose companies’ trade secrets.
B. Introduce the reporting of a change about a substance subject to intensive control in a product (Article 42 newly inserted)
1) Add a reason for change reporting to require the reporting of a change about a substance subject to intensive control in the event that the total amount of the substance subject to intensive control increases more than 50% and the composition of the importer or consignor of the product containing the substance subject to intensive control is changed.
2) Require no reporting for any change of within 30% of the content of a substance in a product that is subject to intensive control .
C. Define procedures for the takeover of the status of a person who has registered or reported a chemical substance (Article 55-3 newly inserted)
Define procedures to allow the heir, transferee or post-merger corporation to take over the status in the event that a person who has registered or reported a chemical substance dies or transfers their business, or the chemical substance manufacturer and importer, which is a corporation, is merged.
D. Supplement a provision about fees for the reporting and change reporting of a substance subject to intensive control and the reporting of the takeover status of a person who has registered or reported a chemical substance (Table 11)
Adjust the reporting fees for a substance subject to intensive control from 50,000 won to 20,000 won, and set 15,000 won and 2,000 won, respectively for the change reporting fees for a substance subject to intensive control and the reporting fees for the takeover of the status of a person who has registered or reported a chemical substance.
