Turkey faces long haul to implement new KKDIK regulation

Now that Turkey has published its long delayed legislation modelled on REACH, it faces a mammoth task to build its infrastructure and pave the way for industry, observers say.

The KKDIK Regulation, published on 23 June after a delay of more than 18 months, will come into effect on 23 December. It sets a registration deadline of 31 December 2023 and a pre-registration deadline of end-2020.

But industry concerns linger over the lack of infrastructure in Turkey to accommodate what is likely to amount to 3,000 substance registrations.

"The government is throwing industry in the pool without teaching them how to swim," said Mustafa Bagan, general secretary of the Turkish Chemical Manufacturers Association.

Unlike in REACH, there are no guidelines accompanying KKDIK to help industry with step-by-step instructions on dossier preparation, authorisation applications and data collection, Mr Bagan said.

Yahya Kesimal, head of the chemicals department at the Ministry of Environment and Urbanisation (MoEU), told Chemical Watch the registration deadline was pushed back by one more year in order to give businesses ample time to prepare for the new law.

"We decided to extend the deadline with industry in mind," Mr Kesimal said. "Now they have almost seven years to get ready."

Although Turkey has been effectively implementing "60-70%" of REACH until now, enforcing KKDIK will mean chemicals are fully regulated "with no unregistered substances on the market," Mr Kesimal said.

KKDIK, which is almost an exact copy of REACH, will align Turkey's chemical laws with the EU – its main trading partner with which it has a customs union – and also help prevent major industrial accidents, Mr Kesimal said.

Chemical exports to non-EU countries may also get a boost from REACH alignment, Mr Kesimal said.

Training

One of the key differences between REACH and KKDIK is Annex 18 of the Turkish law, which deals with the qualification of persons who can sign off registrations and notifications.

It states that 'authorised persons' should undergo at least 64 hours of face-to-face training before they can be accredited by designated institutions. An undergraduate degree in a relevant science is also a must.

Many Turkish businesses are worried there may not be a sufficient pool of qualified experts if such high standards are applied.

The ministry, however, is preparing to roll out seminars, concentrating in the Marmara and Aegean regions – home to the bulk of industry. They will start in September and continue until the end of the year, Mr Kesimal said.

KKDIK registrations will be handled by the MoEU. Annex 14 – the authorisation list – is currently empty, but will transpose the body of REACH Annex XIV once registrations are completed in 2024, the ministry said.

Data concerns

Turkish companies are also concerned about data obligations under KKDIK, and the prospect of having to pay substantial sums to European consortia.

Like REACH, KKDIK requires the formation of substance information exchange forums (Siefs). However, the ministry is hoping that at least some of the European data will be available for free.

Dr Erwin Annys, director of REACH at the European Chemical Industry Council (Cefic), said there is a lot of interest in Turkey's KKDIK and many European businesses are affected by it.

And Dr Yaprak Yuzak Kucukvar, Turkey manager for Reach Global Services, said it was essential to pre-register or register imported chemicals under KKDIK to allow local formulators to continue their operations.

Turkey may also use KKDIK in its negotiations to revise the customs union with the EU. One option on the table may be waive KKDIK obligations for European firms in return for direct access to Echa for Turkish firms, officials said.