South Korea's official addition does not apply to CBI (Confidential Business Information) application substances

On November 23, 2022, South Korea officially added substances that are not applicable to CBI (Confidential Business Information) applications and published them in the announcement of the
KOSHA system.
This revision concerns two schedules, "Toxic Substances" and "Types of Hazardous Substances Subject to Administration", and once again adds substances
that are not eligible for CBI applications.

Introduction to the relevant regulations of CBI application

According to Article 16 of the Ministry of Employment and Labor Circular No.
2020-130, CBI applications are excluded from the following circumstances:

❶ Substances manufactured under Article 117 of OSHA;

❷ Substances subject to OSHA Section 118;

❸ Hazardous substances subject to management as stipulated in Articles 420, 439 and 440 of the Standard Rules for Industrial Safety and Health;

❹ Harmful factors of work environment monitoring objects in Schedule 21 of the OSHA Implementation Rules;

❺ Harmful factors for special health diagnosis subjects in Schedule 22 of the OSHA Implementation Rules;

❻Chemical substances
specified in Article 35, Paragraph 2 of the Enforcement Rules of the Act on Registration and Evaluation of Chemical Substances.

*Chemical substances specified in Article (6) of the Act on Registration and Evaluation of Chemical Substances refer to harmful chemical substances (toxic substances, licensed substances, restricted substances, prohibited substances) and "substances that may be carcinogenic, mutated, or abnormal fertility to humans or animals" (Article 10, Paragraph 1, Article 1 of the Chemical Evaluation Act
).

According to the regulations, none of the substances listed in the above regulations can apply for CBI
.

Sorting out regulatory updates

1.
Toxic substances
in chemical substances specified in Article 35, Paragraph 2 of the Enforcement Rules of the Act on Registration and Evaluation of Chemical Substances.

On October 6, 2022, the National Academy of Environmental Sciences (NIER) of Korea issued the Notice No.
2022-63 for the Designation of Toxic Substances, adding 11 new toxic substances including chlorine and formic acid and their mixtures, which will be officially implemented
from the 7th of the following month.

2.
Hazardous substances
under management stipulated in Articles 420, 439 and 440 of the Standard Rules for Industrial Safety and Health.

On October 18, 2022, the Ministry of Employment and Labor (MoEL) of Korea revised the Standard Rules for Industrial Safety and Health, which added eight new reproductive toxic substances to the hazardous substances subject to the regulation specified in Articles 420, 439 and 440 of the regulation, which came into effect
on October 19, 2023.
Thereinto:

❶ Added 6 substances for organic chemicals;

❷ One new substance for metals: boron oxide;

❸ 1 new substance for acid/alkali: sodium tetraborate (anhydrous, pentahydrate).

Rio's tips

The product components listed in the above items can previously be applied to the official for CBI purposes, but after the entry into force of the regulation, the name of the substance, the CAS number and the exact concentration reflected in the MSDS (Chemical Safety Data Sheet) must be disclosed, and alternative information
is not allowed.

The official status of relevant regulatory documents is frequently updated, and ROIO will continue to track relevant regulations as always to help relevant enterprises comply with the official requirements of South Korea and ensure the smooth circulation
of their products in Korea.

At present, ROIO has completed hundreds of CBI application projects and has rich project experience and expert team
.
At the same time, it has also launched related services
on the difficulties of determining CBI exemptions.
If you have information about CBI application related services, please feel free to contact us!