As part of its process of harmonisation with the EU acquis, on 23 June 2017 Turkey published its REACH-like regulation the KKDIK. This transposed REACH into the country’s domestic law. The acronym corresponds exactly to REACH in Turkish.
On the same day it replaced Turkey’s former by-law the CICR – the Inventory and Control of Chemicals. Pre-registration obligations and some restrictions under Annex XVII of KKDIK entered into force on 23 December 2017. There are 66 entries in the annex which are gradually taking effect.
The Ministry of Environment and Urbanisation (MoEU) is responsible for the implementation.
The Turkish regulation is 95% copy and paste of the REACH Regulation. Echa guidance documents have also been translated with some adaptations to reflect the current regulatory regime in Turkey and KKDIK-specific timelines. Work continues at the MoEU to translate and publish more of the European agency’s guidance documents.
The pre-registration phase
Substances placed on the Turkish market on their own, in mixtures, or in articles under certain conditions need to be (pre)-registered by the Turkish manufacturer, importer or an only representative (OR) appointed by a non-Turkish manufacturer. This is crucial for determining the role and position of a company in the supply chain of a substance placed on the Turkish market according to KKDIK.
Because the principles and definitions in REACH are applied in the KKDIK Regulation, companies with prior experience of the EU Regulation have an advantage when structuring their compliance strategy in Turkey. A legal entity may have several roles in the supply chain and its registration obligations are determined by these.
To register a substance, all potential registrants must submit information on its identity and their role in the supply chain to the MoEU through the chemicals registration system, KKS, by 31 December 2020 (Provisional Article 1-(1))
To register a substance, all potential registrants must submit information on its identity and their role in the supply chain to the MoEU through the chemicals registration system, KKS, by 31 December 2020 (Provisional Article 1-(1)). This is analogous to pre-registration in REACH-IT, but the KKDIK calls this submission as joining a pre-Sief. However, as the KKDIK demands identical information from pre-registrants as REACH, this article will use the term pre-registration.
By joining a pre-Sief, potential registrants are able to get the contact information of others in the related Sief. This allows them access to data sharing and other communication as part of preparing their registration. For now, there is no functionality in the KKS to specify a Sief facilitator.
One misconception is that companies can wait until the 2020 deadline to pre-register and continue placing chemicals on the market without any legal obligations until then. However, it is clearly stated in the MoEU’s Guidance on Registration that potential producers or importers of a substance manufactured or imported at over one tonne a year must submit a pre-Sief to continue to manufacture or import.
As a result of the repeal of the CICR and the closure of its online notification system on 23 June 2017, companies unable to demonstrate compliance with Turkish chemicals regulations after that date are considered non-compliant with any chemical regulation.
The fact that Turkey’s CLP Regulation (SEA) was published long before the KKDIK and that the two regulations are now joined on one single online web portal intensifies the necessity to review compliance and adapt immediately
The fact that Turkey’s CLP Regulation (SEA) was published long before the KKDIK and that the two regulations are now joined on one single online web portal intensifies the necessity to review compliance and adapt immediately. The deadline for SEA substances subject to notification goes back to 2015 and, accordingly, any new substance must be notified to the MoEU through KKS within a month of being placed on the market. Moreover, as pre-registration is the initial step to complete before SEA notification, companies need to pay special attention because this compliance replication can create confusion.
It should also be kept in mind that the KKS is only accessible to Turkish legal entities that have gained permission from the MoEU.