Since the last deadline for EU REACH Registrations is over, manufacturers and importers have more time to concentrate on other global chemicals regulations. Turkish REACH, KKDIK, is just one of them.
KKDIK which is an adaptation of EU REACH Regulation was officially introduced in June 2017 for manufacturers and importers putting substances on its own, in mixtures and articles into the Turkish market. Since almost same principles apply as in EU REACH, this brings in some questions to mind as several different aspects of REACH have been experienced by many companies in the EU for the last 10 years.
Being a member of G20 and having a Customs Union with the EU, Turkey is inevitably adopting the EU Regulations due to the EU membership negotiations and within the framework of harmonization of European Union acquis. As a result of global changes in chemicals regulations and recent developments in the EU, Turkey accelerated the approximation process which is considered to improve the conditions of trade in chemicals with the EU. Therefore, the chemical industry is one of the most affected sectors in Turkey from the harmonisation procedures. Chemicals importation also bears considerable importance for the Turkish chemical industry. Local formulators play a big role in chemicals exportation of Turkey. Total chemicals exportation of the country to the EU is $6.7 billion while total chemicals imports from the EU is worth $20.9 billion in 2017. New chemicals regulations in Turkey are closely monitored by non-Turkish companies putting chemicals into this market and it is a concern to them.
One of the harmonisation achievements of Turkish Ministry of Environment and Urbanisation (MoEU) is the By-Law on the Classification, Labelling and Packaging of Substances and Mixtures abbreviated as SEA. SEA was successfully put into force in 2013 with transition periods already over. From a chronological approach, Turkish CLP (SEA) was put into force before KKDIK unlike in the EU. SEA in Turkey is almost in line with the CLP principles in the EU now. Changes in EU CLP will gradually be reflected to SEA Regulation as well. A draft CLP amendment is already open for consultation and stakeholders are expected to comment on it. Article 45 of EU CLP Regulation which defines the obligation for Poison Centres Notification was not included in the SEA Regulation when it was first published. This amendment introduces now Poison Centre Notification principle as well.
Sharing knowledge and information within the industry is the key for compliance with KKDIK but Turkish manufacturers that did not register for REACH in the past have no experience and are questioning the route to data sharing frequently. However, international companies with manufacturing sites located in the EU are well organised and ahead of the process for KKDIK registrations. Many international companies with several legal entities all over the world placing chemicals to Turkish market already specified for which legal entities they are in urgent need of a (pre)-registration and are now joining SIEFs under KKDIK. The next step is not far away and SIEF communications will start during 2019 resulting with consortia formation for some substances. Hard work is involved when it comes to consortia as this should be managed very well in close correspondence with the EU consortia that already registered their substances for EU REACH. Lead registrants in the EU are doing their assessments to decide which role to take in Turkey either through their Only Representatives (OR) or subsidiaries in Turkey.
While complex supply chains and indirect exports make it more complicated, the Only Representative option for non-Turkish, international manufacturers seems like a good solution, if this business relationship is managed and contracted correctly. The OR role and definition in KKDIK is identical with EU REACH Regulation (Article 9 in KKDIK, Article 8 in REACH). In a local environment where new consultants with no REACH experience are popping up, without any qualified staff, the assignment of a local Only Representative becomes a critical decision for foreign manufacturers. Therefore, a thorough investigation is highly recommended before appointing an OR.
REACH Global Services S.A celebrated in 2018 its 10th year of EU Regulatory Compliance servicing with hundreds of clients all over the world. RGS has been representing non-Turkish companies to comply with Turkish regulations since 2011 through its Turkish subsidiary which is 100% owned by the mother company in Belgium. Do not hesitate to contact RGS; if you need compliance with Turkish Chemicals Laws or assistance on strategies to follow for your company to comply with KKDIK.
Dr. Yaprak Yuzak Kucukvar, RGS Turkey Branch Manager