Bergeson & Campbell, P.C.

Turkey enacts REACH-like chemical program: what stakeholders need to know

Turkey enacted the Inventory and Control of Chemicals Regulation (Regulation) in December 2008. The Regulation is a scaled-down version of the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation and mandates the creation of a chemical inventory for manufactured and imported substances in Turkey.

a variety of reasons, the new law is the source of considerable confusion. This article seeks to clarify several
issues and to assist stakeholders in understanding the new Regulation’s application and effect.

As part of its quest to become a full member of the European Union, Turkey must successfully demonstrate acceptance of the rights and obligations arising under the EU system and its institutional governance framework.

Turkey has been an associate EU member since 1963 and submitted its application for full membership in 1987. Formal ‘‘accession’’ negotiations were opened with Turkey in October 2005.

Among the many components of the ‘‘acquis’’ of the Union—the European Union’s rights, obligations, and institutional framework—are chapters on environment, consumer and health protection, and related topics with which Turkey must be aligned to satisfy as a prerequisite of accession. Adoption of the Regulation is one of many measures Turkey is required to take to secure EU membership.

Importantly, on November 10, 2009, the Turkish government issued an Amendment to the Regulation. As of this writing, an official English translation of the Amendment is not yet available. Based on information from various reliable sources, it appears that the date for notification of substances in quantities greater than one metric ton and less than 1,000 metric tons, and greater than 1,000 metric tons (Articles 7 and 8 of the Regulation, as explained below) has been extended from December 26, 2009, to June 30, 2010. This is good news and provides time for some much needed clarification on the application of the Regulation.

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