What is K-BPR?
On January 1, 2019, the Ministry of the Environment (MoE) of Korea enacted the [Consumer Chemical Products and Biocides Safety Act (K-BPR)] which regulates biocidal products and consumer chemicals in Korean market. The amendment of K-BPR was promulgated on March 24, 2020 to revise and perfect part of clauses. The amendment of K-BPR has been formally implemented on January 1, 2021. K-BPR established a systematic management system for biocides (active substances, biocidal products, and treated article) like EU BPR. The definitions of biocides under K-BPR are as follows:
Product types under K-BPR
According to K-BPR, biocidal products could be divided into 4 categories, 15 product types as follows by its use.
|Category||Biocidal Product Type|
|Control of other vertebrates|
|Control of other invertebrates|
|Preservatives for product|
|Fiber and leather preservatives|
|Construction material preservatives|
|Material and equipment preservatives|
|Embalming and taxidermist fluid|
|Other biocidal products||Antifouling products|
Who should comply with K-BPR?
- Manufactures or importers in Korea
- From January 1, 2021, manufactures outside Korea could entrust a qualified Korea OR to comply with it
How to comply with K-BPR?
Compliance of Active Substance
Existing active substances：The biocidal active substances that put into Korean market before December 13, 2018 are deemed as the existing active substances. The existing active substances need to apply for pre-registration or late pre-registration in order to obtain the grace period of the active substances approval, and then complete the application for the active substances approval within the corresponding grace period. The specific steps are as follows:
- pre-registration or late pre-registration: the company who manufactures or imports biocidal active substances or products in Korea market should firstly apply pre-registration to be included in existing substance list between January 1, 2019 to June 30, 2019 to obtain grace period of active substance. From March 24, 2020, late pre-registration is mandatory before biocidal active substances or products manufactured or imported to Korea. The grace period can be up to 10 years depending on the product type. (Late) pre-registered existing active substances could be put into Korea market without approval during the grace period.
- preparation and submission of approval plan report: the applicant should submit the approval plan report within one year after the substance included in the existing substance list, otherwise the grace period of substance approval will be canceled. .
- approval of active substances: according to the K-BPR amendment, the approval of existing active substances should be applied by joint submission through establishing a consortium. According to the approval plan report, applicants are required to submit appropriate data and information to MOE to obtain substance approval. The validity of active substance approval could be up to 10 years, and a renewal application is required before the validity date.
New active substances：Substances not included in the list of existing active substances are considered as new active substances. For new active substances, there is no grace period and companies must obtain approval before producing or exporting to Korea market.
Compliance of Biocidal Products
- Any enterprise that intends to manufacture or import biocidal products in the Korean market shall obtain biocidal product approval. Before the approval of biocidal products, the company should make sure that the active substances contained in the product are all approved substances under K-BPR. The approval of biocidal products also enjoys a grace period—two years in addition to the active substance approval grace period regarding corresponding product type. The validity of biocidal products approval could be up to 10 years, and a renewal application is required before the validity date.
Compliance of Treated Article
Biocidal active substances and products used in treated articles must be approved products. The following information should be identified for labelling treated articles:
- Declaration the use of biocidal products
- Identification of the name and function of all active substances in the used biocidal product
- Indication of the hazards and precautions of the biocidal products during its usage.
- Only Representative(OR） Service
- Late Pre-registration
- Preparation and submission of approval plan reports
- Establishment and operation of the joint registration consortium
- Application of approval of active substances
- Application of biocidal product approval
- Regulatory compliance of treated articles
- Tests monitoring
- Regulation trainings
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