"Registration, Evaluation, Authorisation and Restriction of Chemicals (Turkish REACH, KKDIK)” Official Gazette No.30105 23th June 2017

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"Registration, Evaluation, Permission and Restriction of Chemicals (Turkish REACH, KKDIK)” Official Gazette No.30105  23th June 2017

 

Regulation Publishing Period:

Although draft KKDIK was published in 2014, after delaying for a long time such 3 years, KKDIK was published officially with the name “Registration, Evaluation, Authorisation and Restriction of Chemicals” with the number 30105 on 23th, June 2017. Turkish REACH Regulation is also known as KKDIK as its Turkish abbreviation. KKDIK Regulation was published based on EU REACH Regulation No: 1907/2006 with adaptation according to Turkey industry. The main aim of KKDIK Regulation is to ensure that human health and the environment are protected at a high level. The KKDIK Regulation includes registration, restriction, evaluation and authorization provisions for chemicals.

REACH Regulation was an inclusive regulation for some other regulations available in EU on the date of its publication and so REACH Regulation took these legislations' places. KKDIK also covers some regulations which are available in Turkey. Because of that reason, KKDIK will cause some regulations to be repealed gradually as of its enforcement. In addition, KKDIK has some provision that impose the sanctions to chemical industry and other industries that are relevant with the chemicals. Proper management of these matters will ensure that companies subject to regulation are not harmed financially and that their trade continues uninterrupted.

You can read the article about the definition of the substance and the determination of the responsible parties within the scope of the KKDIK in order to get information.

 

Provisions that come into effect, Repealed Regulations, Transitional Dates and Provisions in the KKDIK relevant the repeal Regulations

If we briefly touch on the critical items and processes of the Regulation;

Turkish Regulation on the Inventory and Control of Chemicals (CICR) was repealed on 23th June, 2017 as of publishing KKDIK. CICR required to notify all substances, either on their own or in mixture, that are imported/ manufactured in Turkey equal or above 1 tonne, through the MoEU' s online system. With the KKDIK Regulation, this notification process has been replaced by the registration process which is much more comprehensive than notification process.

The other articles of the Regulation will enter into force gradually until 31/12/2023 to begin on 23/12/2017. Approximately 6 years period has been provided by the Ministry in order for the industry to understand the requirements of the KKDIK Regulation and to be able to overcome the processes with any loss.

"Regulation on the Restriction and Prohibition of Harmful Substances and Mixtures" No.27092 is another regulation that has been repealed by entering into force of KKDIK. KKDIK Annex-17 has taken place of "Regulation on the Restriction and Prohibition of Harmful Substances and Mixtures" No.27092. Also, KKDIK Annex-17 has 10 number of sub annexes. In this context, it can be stated that restrictions on chemicals in Turkey are much more extensive than before.

The previous Restriction Regulation contained only 20 groups of substances. 18 number of them are directly included in the scope of KKDIK Annex-17. Since there are additional groups in the Annex-17 compared with the previous Restriction Regulation, there is a situation where importers, producers or downstream users must immediately act. It is recommended the responsible parties to hold inventory.

KKDİK ANNEX-17 contains 62 lines of input. Restriction lists prohibit the use of certain chemicals on their own, in mixtures or in articles. Or it grants approval to use chemicals only for certain concentrations for some industrial areas. It should be noted that the provisions of Restriction on Chemicals also include articles.

 

Editing of the Progressive Process

"Regulation on Safety Data Sheets for Hazardous Substances and Mixtures" number 29204, which determines the principles of preparation of Safety Data Sheets for Turkey, shall be repealed on 31/12/2023. In the new period, KKDIK Annex-2 will set the issues related to the preparation of the Safety Data Sheets. However, SDSs also can be prepared in accordance with "Regulation on Safety Data Sheets for Hazardous Substances and Mixtures" number 29204 by 31/12/2023 as stated with Transitional Provision-2 of KKDIK. Despite the fact that transitional provision-2 of KKDIK states that the SDS Regulation is repealed as of 31/12/2023, this period will be less than this during the practice period. Because it is mandatory to be prepared the SDSs, which will be included in the Registration Files, by the certified Chemicals Assessment Experts. Chemical Assessment Expert concept comes with KKDIK Regulation. For being chemical assessment expert, persons should meet the criteria that are indicated with KKDIK Annex-18. Preparing the SDSs in compliance with SDS Regulation No. 29204 will end with registration period in practise as a result of preparation of the registration files by the chemical assessment experts.

Details, training and exam process of the Chemical Assessment Expert are explained in Annex 18 of the KKDIK Regulation.

Another important provision, entered into force, of the KKDIK regulation is that the Pre-SIEF (Pre-Registration, Pre-MBDF) period started as of 23/12/2017. Pre-SIEF is placed on the Regulation as an abbreviation of the Substance Information Exchange Form. To have detailed information about the Pre-Registration period you can read this article. Registration period will start after Pre-Registration period that lasts approximately 3 years. Registration will be carried out between 01st January, 2021 and 31st December, 2023. The dates between 01st January, 2021 and 31st December, 2023 can be defined as a transitional period. Because, during the preparation of the Registration File for pre-registered substances between the specified dates, manufacturing or importing of such substances may continue at the same time. Unregistered substances shall not be manufactured or imported after 31 December 2023.

 

What should be done in the current situation?

  • Making either substance and tonnage-based inventory,
  • Identification of the substances covered by the restriction according to KKDIK Regulation Annex-17
  • Determination of the company’s role in the supply chain within the scope of KKDIK (importer, manufacturer, downstream user)
  • Identification of the substances for which Pre-SIEF is required
  • Informing and communicating with customers and suppliers about the process of KKDIK Regulation and the responsibilities.

 

CHEMLEG Place

CHEMLEG serves you with expert staff to define and fulfill your responsibilities under KKDIK.

You can contact to CHEMLEG experts team for full compliance with the KKDIK Regulation.

You can send your questions to our e-mail: info@chemleg.com