K-BPR: Pre-announcement of two subordinate laws partial amendments

The Ministry of Environment pre-announced partial amendments of the two subordinate laws (the Enforcement Decree and the Enforcement Rules) of the Consumer Chemical Products and Biocides Safety Act (K-BPR) on 30 July 2020. The proposed date of adoption is after November 2020 and the amendments are expected to be enforced on 1 January 2021.

The main purpose of the two subordinate laws amendments is to specify details according to the K-BPR amendment adopted on 24 March 2020.

Major changes in the Enforcement Decree of the K-BPR

• Determined exemption list (substance or article) from compliance check, notification, or approval (the Article 1-2)
• Determined methods to apply for notification and approval of any changes occurred in the already notified or approved Consumer Chemical Products subject to Safety Check (the Article 5 & 6)
• Added similarity criteria that are applied to imported treated articles (the Article 23, paragraph 1)
• Added reasons to allow repeated vertebrate tests (the Article 25-2)
• Specified the minimum period of work experience required for technicians of testing institutes (the Article 33)
• Revised the list of additional works that can be done by a representative assigned by overseas manufacturer and information that the representative shall inform the importers (the Article 39-2)

Major changes in the Enforcement Rules of the K-BPR

• Outlined the procedure for confirming whether a substance or article is subject to exemption from compliance check, notification, or approval (the Article 1-2)
• Determined the list of changes to be notified or approved regarding the already notified or approved Consumer Chemical Products subject to Safety Check, and provided relevant application forms (the Article 5 & 6)
• Specified the list of information on Consumer Chemical Products subject to Safety Check that shall be disclosed to the public (the Article 7-2)
• Revised a joint submission procedure for approval, and relevant data requirements (the Article 15 & 16)
• Determined a method to allow a temporary exemption to biocidal products from the approval at a time of emergency (the Article 24 paragraph 6 -11)
• Prohibited displaying any indication or expression on packaging and advertisement if it claims effect or efficacy that is different to those notified to or get approved by the competent authorities (the Article 34)
• Specified a standard for manufacture or storage facilities to ensure quality management of approval-required products, and safety control standard thereof (the Article 36-2 & 40)
• Specified qualification of a representative to be assigned by the overseas manufacturer, and a procedure for notifying the competent authorities of the assignment or dismissal (the Article 50)

Affected stakeholders and implications

Chemical manufacturers, importers and only representative should be aware of major changes in the Consumer Chemical Products and Biocides Safety Act (K-BPR) and its two subordinate laws to comply with regulatory obligations of your concerned substance. Please note that these amendments will be enforced from 1 January 2021.  

Relevant Services provided by GPCKOREA

• Regulatory compliance support
• Only Representative to fulfil various obligations under K-REACH

Last update: 2 September 2020