CRAD SEPTEMBER 2014 NEWSLETTER

TURKISH REACH NOW HAS A NAME: KKDIK IS GETTING CLOSER…
Turkey started their process to implement EU REACH into local regulations via Project started in 2011. The Project ended as of 2013 with the draft of the regulation as an output of the REACH implementation Project.

Previous regulation on Chemical Control in Turkey named as Chemical Inventory and Control Regulation (CICR 27092) was frequently named as Turkish REACH, however it was indeed implementation of 793/93 EEC. Now we better understand that naming CICR as Turkish REACH was not quite correct. Thus I guess we need to name the new regulation as Real Turkish REACH.

As of June 2014 MoEU of Turkish Republic who is the Competent Authority for REACH implementation and Enforcement had organised an initial meeting with the industry associations as the Stakeholders of the regulation. Regulation is named as KKDIK which corresponds to the first letters of REACH written in Turkish. Initial draft of the regulation is published on the website of Chemical Management Department of the MoEU. The draft regulation gives some clues about the implementation process as well as the critical dates about the implementation.

The term for registrations is given as from 31.12.2015 to 31.12.2018 for the substances imported or manufactured before 31.12.2018.  

As you would realise there is no separation of deadlines depending on the tonnage bands or the classification of the substances. That was as well a point which EU REACH was criticised due to creating ambiguity for the SIEF’s to identify the cost sharing principles due to the ambiguity about making a forecast for future participants for lower tonnage bands. We will now have the opportunity to compare both approach.

The registration deadline given on the draft KKDIK regulation shows us that Turkish competent authority prefers a registration deadline for all substances that is even later than the last registration deadline for EU REACH. Thus dossiers of all substances even at the lowest thresholds will be ready for submission before that date.

For sure SIEF’s established under the scope of REACH needs to consider how to make an arrangement to the SIEF agreements in order to be able to use the data compiled for REACH dossiers to be used for TR KKDIK too. We are sure that there will be lots of discussion on this data sharing principles and we will see how it is going to be solved by time.

Companies that are exporting chemicals ( and articles that are containing some certain chemicals can appoint an OR and submit the registrations through the OR by which then their importers will become downstream users.

Also the competent authority wishes to increase the capacity on chemical risk assessment and inserted an Annex XVIII to the TR KKDIK which mentions the criteria for training and certification of a Risk Assessor. This annex makes us feel that even though the data sourced from REACH registration dossiers are used for TR KKDIK registrations, companies will need a Turkish certified risk assessor and a work load due to the translations of the data and other assessment reports by these assessors.

Please click here for the KKDIK draft Regulation...
 

DETAILS ON C&L NOTIFICATIONS AND FAQ ON TURKISH SEA REGULATION
Turkish implementation of CLP has been published on the date 11th December 2013 on the Official Journal with the number 28848 and came into force on the date of publication. Turkish CLP which we can call with its Turkish abbreviation as SEA also has transition periods for its obligations to apply, as it was in the EU-CLP (1272/2008 EC) for the new classification principles to be applied for substances and mixtures. Also, it will be fully repealing the former Turkish classification regulation as of date 1st of June 2016.

We can briefly summarize the obligations of chemical manufacturers and importers as below;
* Notification to the Turkish C&L inventory for which the notification period will start by 1st of June 2014 and will be ending as of 1st of June 2015 for the substances that have been placed on the market, either on their own or in a mixture, before 1st of June 2015.

* Substances that are placed on the market after 1st of June 2015, needs to be notified to the Turkish C&L inventory within a month from the day of the first date of import or manufacturing.

* Classification & Labelling according to the new regulation for substances will be obligatory as of 1st of June 2015 and for mixtures the CLP Classification & Labelling criteria obligation will apply as of 1st of June 2016. As a general principle and similar to EU CLP, a two-year transition period for the products that were placed on the market prior to that date, will apply to prevent a requirement for re-labelling.

One of the unique point in the Turkish CLP implementation is, as defined in article 41 of the regulation, without any prejudice to the primary obligation belonging to the importer, chemical exporters to Turkey may cover the C&L notification obligation of their importers through their appointed Legal Representatives who are appointed by exporter companies that export to Turkey. This option was intentionally added to the legal text after the initial draft of the SEA regulation to prevent the CBI issues of Chemical industry who exports to Turkey.