May 20, 2019 by Rhiannon Smith

Are you a non-Korean company looking to pre-register under K-REACH before the 30 June 2019 deadline?

Like EU REACH, Only Representatives (OR) can be assigned under K-REACH for legal entities based outside the state. Also like EU REACH, Only Representatives should have sufficient knowledge in the practical handling of the substances and information relating to them as they are responsible for: registration documents; tracking tonnage; legal obligations relating to substance/registration; dossier updates; and information delivery in the supply chain (SDS/registration number). They are also responsible for any penalties incurred!

You may appoint different ORs for different substances but, unlike EU REACH, K-REACH registrations are NOT transferable, so cannot be transferred between different ORs. This means that if you want to change ORs, your registration will need to be cancelled and your substance re-registered, incurring all the costs and timelines involved. Changes of OR are allowed for pre-registration, but this must be done BEFORE the pre-registration deadline, i.e. 30 June 2019.

The rules regarding registrations not being transferable apply to all legal entities. Therefore, if you are part of a larger company, you should confirm your registration intentions with any subsidiaries or affiliates in Korea. If you decide subsequently that you need to change legal entities, your registration will need to be cancelled and re-registered as well.