Recently, the Ministry of Climate, Energy and Environment of the Republic of Korea issued Public Notice No. 2026-103, partially amending the Public Notice on Existing Chemical Substances, which entered into force on the date of its promulgation. This amendment clarifies the criteria for the identification of existing chemical substances:
- Pursuant to Article 2(3)(a) of the Act on Registration and Evaluation, etc. of Chemicals (hereinafter referred to as the "K-REACH Act"), chemical substances that were circulated in the Republic of Korea prior to 2 February 1991 are classified as existing chemical substances (Annex 1).
- Pursuant to Article 2(3)(b) of the K-REACH Act, chemical substances that have undergone hazard review under the former Toxic Chemicals Control Act are deemed existing chemical substances (Annex 2); in addition, any chemical substance that has completed hazard review and has been publicly notified as a toxic chemical substance under the former Act shall also be deemed an existing chemical substance.
- The following four categories of substances shall be deemed existing chemical substances:
1. Hydrates or anhydrides of existing chemical substances;
2. Reaction products composed of two or more components, all of which are existing chemical substances, where the separation of each component within the reaction product is technically difficult and the reaction product itself is circulated or handled on the market;
3. Constituent isomers of a multi-constituent substance publicly notified as an existing chemical substance;
4. Other chemical substances falling under Annex 3.
Notably, this amendment establishes for the first time a periodic review mechanism. Pursuant to Article 4, the Minister of Climate, Energy and Environment shall review the appropriateness of this Public Notice every three years from the baseline date of 1 July 2026 (by 30 June of every third year), and take measures for improvement, among others. This mechanism is designed to ensure that chemical substance management policies keep pace with the times and adapt to evolving scientific understanding and industrial needs.
