The Ministry of Environment (“MOE”), in consultation with the Ministry of Justice, will commence a leniency program for certain violations of the Act on Registration and Evaluation of Chemical Substances (“K-REACH”) from February 28, 2025 to October 27, 2025 for a total of eight months (“Period”).
Specific violations eligible for the leniency program are the following violations that occurred prior to February 27, 2025:
-
Violation of the obligation to register pursuant to Article 10, Paragraph 1 of K-REACH
-
Violation of the obligation to pre-register existing chemical substances pursuant to Article 10, Paragraph 3 of K-REACH
-
Violation of the obligation to amend the registration pursuant to Article 12, Paragraph 1 of K-REACH (including cases where chemical substances were manufactured or imported in a manner different from the registered, pre-registered, or amended details)
In its announcement, the MOE notes that companies or individuals, who voluntarily disclose violations within the Period, will be exempt from criminal penalties and administrative sanctions (including administrative surcharge). Even in the case of ongoing investigations, leniency will still be considered if they report violations during the Period. However, the MOE also noted that it will take strict enforcement actions if violations are discovered through on-site inspections once the Period expires.
Since the K-REACH became effective on January 1, 2015, ten years have already passed. Yet, instances of violations due to unclear understanding of the obligations under the K-REACH continue to occur. Through this leniency program, the MOE would like to intergrade companies with K-REACH violation(s) into the compliant chemical substance management system and enhance the effectiveness of the K-REACH. Accordingly, companies now have a good opportunity to check their past compliance and, if there are any violations, to address them.
Companies are advised to utilize this leniency program to organize the history of the chemical substances handled from the past to the present and to ensure compliance with all regulations under the K-REACH, thus mitigating potential risks from past violations. Additionally, it may be necessary to review business processes to prevent future violations.
Related Topics
