The Ministry of Environment (the “MOE”), in consultation with the Ministry of Justice, is administering a leniency program for certain violations of the Act on Registration and Evaluation of Chemical Substances (the “K-REACH”) from February 28, 2025 to October 27, 2025, for a total of eight months (the “Period”).
Although it has already been ten years since the implementation of the K-REACH on January 1, 2015, violations continue to occur, largely due to an imperfect understanding of the obligations under the K-REACH. Through this leniency program, the MOE aims to incorporate 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 valuable opportunity to assess their past compliance and address potential violations.
Specifically, the following violations are eligible for the leniency program if they occurred prior to February 27, 2025:
-
Violation of the obligation to register pursuant to Article 10, Paragraph 1 of the K-REACH.
-
Violation of the obligation to pre-register existing chemical substances pursuant to Article 10, Paragraph 3 of the K-REACH.
-
Violation of the obligation to amend the registration pursuant to Article 12, Paragraph 1 of the K-REACH (including cases where chemical substances were manufactured or imported in a manner different from the registered, pre-registered or amended details).
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). Leniency will be considered even for violations currently under investigation, if they are reported during the Period.
The MOE also noted that it will take strict enforcement actions if violations are discovered through on-site inspections after the expiration of the Period.
Considering that more than half of the Period has passed, companies are strongly advised to take advantage of the leniency program to organize their full history of handling chemical substances and ensure full compliance with the K-REACH in order to mitigate potential risks from past violations. Additionally, a review of current business processes may be warranted to prevent future violations of the K-REACH.
Related Topics
#K-REACH #Leniency Program #Environment #2025 Issue 2 #Newsletter