• Turkey Adopts a "REACH-like" Chemical Legislation
  • July 31, 2009 | Authors: Herb Estreicher; Cyril Jacquet
  • Law Firms: Keller and Heckman LLP - Washington Office; Keller and Heckman LLP - Brussels Office
  • On 26 December 2008, Turkey adopted the "Regulation on inventory and control of chemicals" (hereafter the "Turkish Chemical Regulation") which entered into force on 1 January 2009.

    This law is inspired by the EU regulation of chemicals and in particular by the REACH Regulation 1907/2006/EC which notably imposes the obligation to notify all existing and new substances, either on their own or in preparation, manufactured or imported in the EU in quantities above 1 tonne per year.

    The main principles set out by the Turkish Chemical Regulation are two fold:

    • First, this Regulation aims at setting up a chemical inventory comprising information relating to new and existing substances manufactured or imported in Turkey.
    • Secondly, this Regulation aims at controlling and eventually reducing the risks posed by existing and new substances manufactured or imported in Turkey.

    First, the Regulation imposes the obligation to notify information to the inventory of the Ministry of Environment and Forestry on all existing and new substances, either on their own or in preparation(s), imported or manufactured in Turkey in quantities above 1 tonne per year. Similar to what is provided under the REACH Regulation, the data requirements differ depending on the tonnages:

    • For substances imported or manufactured in quantities between 1 tonne to 1000 tonne per year, only basic information needs to be provided. More specifically, the notifier must provide the following information to the Ministry of Environment and Forestry:
      • Name, EC number and CAS number of the substance
      • Quantity of the substance manufactured or imported
      • Classification and Labelling for hazardous substances
      • Information on the uses of the substance

    Note, that the Regulation also provides for the possibility for the Ministry to require additional information regarding the physicochemical, toxicological and eco-toxicological characteristics of substances in relation with the risk assessment of substances.

    • For substances imported or manufactured in quantities above 1000 tonne per year, the information requirements are more substantial. In that case, the notifier must provide the following information to the Ministry of Environment and Forestry:
      • Name, EC number and CAS number of the substance
      • Quantity of the substance manufactured or imported
      • Classification and Labelling for hazardous substances
      • Information on the uses of the substance
      • Physicochemical data on the substance
      • Data on the behavior and attitude of the substance among environmental media
      • Eco-toxicity Data on the of the substance
      • Data on acute and subacute toxicity of the substance,
      • Data on the carcinogenic, mutagenic effect of the substance and/or toxic effect on the reproductive system thereof
      • Other related information that may be used in risk assessment of the substance.

    In addition, the notifier has an obligation to update the information submitted in case of a change in the use, in the characteristics of the substance in relation to risk assessment, in the classification of the substance, or in the quantities imported or manufactured.

    Similar to the REACH Candidate list, the Turkish Regulation also establishes a priority list for substances or substance groups which require specific attention due to their potential effects on human health and the environment. In addition, substances with carcinogenic and/or mutagenic effect and toxic effect on reproduction will be under specific scrutiny. The substances listed in the priority list will undergo a risk assessment under which the notifier may be required to provide further information.