Research Report
Legislative Study for Chemical Product Management by Life- Cycle
Ⅰ. Backgrounds and Purposes
▶ Necessity and purpose of research
○ Convenient chemical products are essential in our daily life, and the damage caused by chemical products is also increasing as the usage increases. However, their impact or harm is not clearly estimated.
○ Despite the harmfulness of the substances, there is still no scientific basis that the use of a small amount causes harm to the human body. Therefore, the scope and degree of the management and regulation of the use of such chemical substances still need to be reviewed.
○ However, despite this control system, there are still concerns about the impact or damage to the human body and the environment caused by environmental hormones and other chemical products, and long-term improvement plans to ensure safety are still not being discussed.
○ Therefore, this study will systematically examine ways to improve chemical substance control for the prevention of damage caused by chemical products as well as remedial measures for damage to the environment and human body, and present institutional improvement measures focused on the efficiency in long-term management.
▶ Scope and methods of research
○ This study analyzed and reviewed current laws and regulations based on relevant documents in Korea and abroad, compared and analyzed related data in other countries, and used them as a basis for devising plans to improve the control system for chemical substances and products.
○ In addition, in order to analyze problems related to chemical products, we conducted a public awareness survey of 1,000 Korean citizens. Based on the issues derived from the survey, we had in-depth interviews with 20 experts and used the results as the basis for improvement directions.
Ⅱ. Main Content
▶ Use of chemical products and related markets
○ There are more than 40,000 kinds of chemicals distributed in Korea, and some 2,000 new chemicals newly appear on the market every year. The distribution of chemicals has been steadily increasing in Korea since 1998, when the survey began, and the amount of chemicals distributed is estimated to be over 500 million tons per year.
○ In 2030, global chemical product sales are projected to reach 6.6 trillion euros (CAGR of 5.07% from 2017 to 2030). Looking at the long-term outlook, China is forecast to double its share in global chemical product sales from 1.29 trillion euros in 2017 to 3.29 trillion euros in 2030, accounting for about half of global sales.
○ For the development of the plastics industry, it is necessary to review institutional improvements for technology development to tap new markets with materials that are eco-friendly and have high value.
▶ Conducting a public awareness survey on the use and harm of chemical products
○ In addition to the characteristics of chemical substances, there are growing concerns about damage to health and the environment due to the effects of accumulated substances and the complex effects of various chemical substances. With this background, an online survey was conducted on 1,000 adult men and women in Korea.
○ Regarding the areas that need to be further improved in terms of the control of chemical products, many answered that it is most necessary to restrict toxic substances that may affect the human body or the environment,
○ For systematic control of chemical products, the use of safe substances through the control of chemical substances, which are raw materials of products, must be preceded, and we need to establish a safety management system for market launch, consumption, and use after safe production.
▶ Analysis of legislation in Korea
○ There are a wide variety of products in which chemical substances are used, and regulatory methods vary by the type of chemical products because how to use products and how they are absorbed into the human body differ by product and the existing regulations are based on products rather than substances.
○ The Act on Registration, Evaluation, Etc. of Chemicals (hereinafter referred to as the Act on Evaluation of Chemicals), which went into effect in 2015, introduced a registration, screening and evaluation system designed to control in advance all chemical substances distributed or used in Korea because the previous Toxic Chemical Substances Control Act lacked safety management of harm to the human body or environment caused by chemical substances.
○ For substances of concern that cause or are likely to cause cancer, mutation, reproductive disorders, or endocrine system disorders in humans or animals, the Minister of Environment shall designate and notify them as substances subject to intensive control (Subparagraph 10-2, Article 2 of the Act on Evaluation of Chemicals). According to Article 10 (2) 1 of the Act on Evaluation of Chemicals, a table in the notification for the designation of the existing chemical substances that must be registered by December 31, 2021 defines 364 kinds as substances that cause or are likely to cause cancer, mutation, reproductive disorders, or endocrine system disorders in humans or animals.
○ In the case of products that are directly applied to the human body or food, the Minister of Food and Drug Safety manages products and substances under the Pharmaceutical Affairs Act and the Cleansing And Hygiene Products Control Act, taking into account expertise in the relevant field. Other household chemical products are managed by the Minister of Environment or the Minister of Trade, Industry and Energy in consideration of the possibility of substance leakage and the degree of risk.
▶ Analysis of policies and legislation in major countries
○ The pre- and post-safety management of chemical substances and chemical products in the United States is carried out by the Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) under relevant laws and regulations.
○ The EU REACH system stands for Registration, Evaluation, Authorisation and Restriction of Chemicals.
○ On May 22, 2012, the EU's biocidal product management system replaced the Biocidal Products Directive (BPD), which had been in effect, with the Biocidal Products Regulation (BPR). “Regulation” is the most powerful regulatory form among EU rules.
○ Japan's major safety management regulations are the Act on Control of Household Products Containing Harmful Substances, Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc., and the Household Goods Quality Labeling Act.
▶ Measures to improve the legislation
○ Need for environmental hormone substance control
○ Improving the labeling system, including disclosure of all chemical substances
○ Reflecting the Ministry of Environment's safety standards in electrical appliances, household goods, and children's products
○ Promotion of alternative chemical development and commercialization
○ Since damage from chemical products is caused by the risks of chemical substances, it is necessary to seek fair and prompt accountability and introduce remedial measures by establishing an integrated legal system applicable to the damage related to chemical products.
○ Expanding the scope of those subject to punitive damages under the Environment Health Act
○ An integrated management system is needed to prevent damage and provide prompt relief through proactive management of chemical products
○ It is necessary to establish an independent “integrated product management commission” like the Anti-Corruption & Civil Rights Commission.
○ Promoting the development of the bioplastics industry and related market
○ Plans by the stages of chemical product production-use-disposal considering resource circulation
Ⅲ. Expected effects
○ This study can be used for improving policies and systems to prevent damage to the human body and environment caused by the production and use of chemical products.