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ENFORCEMENT DECREE OF THE ACT ON REGISTRATION, EVALUATION, ETC. OF CHEMICALS

Presidential Decree No. 25835, Dec. 9, 2014

Amended by Presidential Decree No. 27434, Aug. 2, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated from the Act on Registration, Evaluation, etc. of Chemicals and matters necessary for the enforcement of such matters.
 Article 2 (Definitions)
The definitions of terms used in this Decree shall be as follows:
1. The term "non-isolated intermediate" means a chemical produced in the process of manufacturing other chemical and the whole quantity of which is used in such chemical process, which is not intentionally removed or isolated from the manufacturing facility;
2. The term "isolated intermediate" means a chemical which is produced in the manufacturing process of other chemical and the whole quantity of which is used in such chemical process, which does not fall under non-isolated intermediate;
3. The term "high molecular compound" means a chemical meeting all the following requirements. In such cases, where a high molecular compound consisting of monomers excluding monomers whose weight ratio does not exceed two percent falls under existing chemicals, such high molecular compound shall be deemed an existing chemical:
(a) It shall be composed of molecules in which at least one kind of monomer unit is continuously repeated;
(b) It shall show the characteristic distribution of molecular weights in accordance with repetitive numbers of monomer units in each molecule;
(c) Its molecules that at least three monomer units form a covalent bond with at least one monomer unit or other reactants shall be at least 50 percent;
(d) Its molecules of the same molecular weight shall be not more than 50 percent of the weight ratio.
4. The term "monomer" means a chemical forming a high molecular compound by combining it with at least two other molecules and reactants participating in such chemical reaction;
5. The term "monomer unit" means structure that monomers are repeated in a high molecular compound where the reaction of monomers has formed the high molecular compound;
6. The term "number average molecular weight" means the value obtained by dividing the total molecular weight of all molecules consisting of a high molecular compound by the total number of molecules.
 Article 3 (Criteria for Designation of Toxic Substances)
"Criteria prescribed by Presidential Decree" in subparagraph 2 of Article 2 and Article 20 of the Act means criteria under attached Table 1.
 Article 4 (Matters to Be Discussed by Committee on Evaluation of Chemicals)
"Matters prescribed by Presidential Decree" in Article 7 (1) 6 of the Act on Registration, Evaluation, etc. of Chemicals (hereinafter referred to as "Act") means the following:
1. Matters concerning the safety management, etc., of products of risk concern;
2. Matters concerning the composition and operation of expert committees in each field (hereinafter referred to as "expert committee") under Article 7 (6) of the Act;
3. Matters concerning international cooperation related to the registration of chemicals, the review or assessment of the hazards or risks of chemicals, the safety management, etc., of products of risk concern;
4. Other matters referred to discussion by the Minister of Environment in relation to the registration of chemicals, the review or assessment of the hazards or risks of chemicals, and the safety management, etc., of products of risk concern.
 Article 5 (Composition of Evaluation Committee)
(1) The term of office of members of the Committee on Evaluation of Chemicals (hereinafter referred to as "Evaluation Committee") established under Article 7 (1) shall be two years.
(2) The Minister of Environment shall commission experts who have extensive knowledge and experience in the related fields including chemistry, the environment, and public health, and relevant persons of industrial circles or civic groups related to chemicals in equal ratios as members he/she commissions pursuant to Article 7 (4) of the Act, in consideration of gender equality.
(3) In addition to matters provided in paragraphs (1) and (2), matters necessary for the composition, etc. of the Evaluation Committee shall be prescribed by the Chairperson of the Evaluation Committee following the resolution made thereby.
 Article 5-2 (Exclusion of, Challenge to, and Refrainment by Members)
(1) A member of the Evaluation Committee (hereafter referred to as “member” in this Article and Article 5-3) shall be excluded from deliberation or resolution by the Evaluation Committee if he/she falls under any of the following subparagraphs:
1. Where a member or his/her current or former spouse becomes a party whose case is on the agenda (if the party is a corporation or organization, executive officers thereof shall be included: hereinafter the same shall apply in this subparagraph and subparagraph 2), or is a joint holder of any right or co-obligor with a party whose case is on the agenda;
2. Where a member is or was a relative of a party whose case is on the agenda;
3. Where a member or a corporation or organization to which a member belongs is or was an agent of a party whose case is on the agenda;
4. Where a company, etc., for which a member is working as an employee or executive officer or has worked in the previous three years, has provided consultation or service (including subcontract), conducted research, appraisal, or investigation with regard to the relevant agenda.
(2) Where a party whose case is on the agenda finds it difficult to expect a fair deliberation or resolution by a member, he/she may file an application for challenge to the member with the Evaluation Committee, which shall render a decision thereon by resolution. In this case, the member for whom the application for challenge was filed shall not take part in such resolution.
(3) Where a member has any of the reasons for exclusion provided for in paragraph (1) 1 through 4 shall voluntarily refrain from deliberation or resolution on the relevant agenda.
[This Article Newly Inserted by Presidential Decree No. 27434, Aug. 2, 2016]
 Article 5-3 (Dismissal of Members)
The Minister of Environment may dismiss a member if he/she falls under any of the following cases:
1. Where a member becomes unable to perform his or her duties due to a mental disorder;
2. Where a member commits unlawful conduct in connection with his or her duties;
3. Where a member is deemed unsuitable to continue as a member due to neglect of duties, injury to dignity, or any other reason;
4. Where a member fails to refrain voluntarily even though he/she falls under any of the subparagraphs of Article 5-2 (1);
5. Where a member expresses that it is impracticable to perform his or her duties.
[This Article Newly Inserted by Presidential Decree No. 27434, Aug. 2, 2016]
 Article 6 (Operation of Evaluation Committee)
(1) The Chairperson of the Evaluation Committee shall represent the Evaluation Committee and preside over its affairs: Provided, That where the Chairperson is unable to perform any of his/her duties due to unavoidable circumstances, the Vice Chairperson shall perform his/her duties on his/her behalf.
(2) Meetings of the Evaluation Committee shall be classified into regular meetings and extraordinary meetings, and shall be held in accordance with the following classification:
1. Regular meeting: Semi-annually;
2. Extraordinary meeting: When the Chairperson deems it necessary or at least one-fifth of the members demands it.
(3) The Chairperson of the Evaluation Committee shall convene a meeting by giving notice, specifying the following, to each member by not later than seven days prior to the date of the meeting:
1. Time and place of the meeting;
2. Objectives and items on the agenda of the meeting;
3. Other necessary matters in relation to the meeting.
(4) Where necessary for deliberations or resolutions, the Chairperson of the Evaluation Committee may require persons related to the relevant items on the agenda or experts to attend its meetings to make inquiries thereof, or for them to make statements.
(5) In addition to matters provided in paragraphs (1) through (4), matters necessary for the operation, etc. of the Evaluation Committee shall be prescribed by the Chairperson of the Evaluation Committee following the resolution made by the Evaluation Committee.
 Article 7 (Composition and Operation of Expert Committees)
(1) The following expert committees shall be established pursuant to Article 7 (6) of the Act:
1. Risk assessment committee;
2. Committee on management of products of risk concern;
3. Socio-economic analysis committee.
(2) Each expert committee shall be comprised of up to ten members, including one chairperson, in consideration of gender equality.
(3) The Chairperson of the Evaluation Committee shall appoint or commission the chairperson of each expert committee from among those with extensive knowledge and experience in the relevant field.
(4) The Minister of Environment shall commission members of each expert committee from among any of the following:
1. Experts who have knowledge and experience in the relevant fields, such as chemistry, the environment, public health, toxicity, economics, or policy;
2. Persons recommended by industrial circles or non-governmental organizations related to chemicals and chemical products;
3. Persons recommended by members of the Evaluation Committee from among those provided for in subparagraph 1.
(5) The chairperson of each expert committee shall report matters discussed by the relevant expert committee, to the Evaluation Committee.
(6) In addition to matters provided for in paragraphs (1) through (5), matters necessary for the composition, operation, etc., of expert committees shall be prescribed by the Chairperson of the Evaluation Committee following resolution passed by the Evaluation Committee.
CHAPTER II REGISTRATION OF CHEMICALS
 Article 8 (Chemicals Subject to Exception to Reporting of Manufacture, etc. of Chemicals)
"Chemicals prescribed by Presidential Decree, such as chemicals manufactured or imported for the purpose of inspection or research" in Article 8 (2) 4 of the Act means any of the following chemicals: <Amended by Presidential Decree No. 27434, Aug. 2, 2016>
1. Chemicals manufactured or imported for the purpose of scientific experiments, analysis, or chemical research, such as reagents;
2. Chemicals falling under any of the following, which are manufactured or imported for the purpose of research and development:
(a) Cases for the development of chemicals, products, etc.;
(b) Cases for the improvement or development of manufacturing processes;
(c) Cases for testing of the fields of application of chemicals at the place of business;
(d) Cases for pilot manufacturing of chemicals or pilot production of products, etc.;
3. Non-isolated intermediates;
4. Chemicals, etc., determined and publicly notified by the Minister of Environment because it is much known that such chemicals’ risks are very low.
 Article 9 (Reporting of Changes in Manufacture, etc. of Chemicals)
"Change prescribed by Presidential Decree, such as change to the uses of chemicals" in Article 8 (3) of the Act means matters falling under any of the following: <Amended by Presidential Decree No. 27434, Aug. 2, 2016>
1. Change of the trade name, location, or contact point of a person who manufactures, imports, or sells chemicals;
2. Change to the chemicals purposes classification system under attached Table 2.
 Article 10 (Grace Period, etc. for Registration of Existing Chemicals Subject to Registration)
(1) A registration grace period referred to in Article 10 (2) of the Act (hereinafter referred to as “registration grace period”) shall be three years from the date existing chemicals subject to registration are designated and publicly notified pursuant to Article 9 of the Act.
(2) Notwithstanding paragraph (1), any person who intends to manufacture or import existing chemicals subject to registration files an application for registration within two months before the expiration date of the registration grace period, such period shall be extended to three months from the following date of the expiration date of the registration grace period.
 Article 11 (Exemption from Registration of Chemicals)
(1) "Chemicals prescribed by Presidential Decree, such as chemicals manufactured or imported in quantities of at least ten tons per year to export the whole quantity thereof overseas" in Article 11 (1) 2 of the Act means any of the following:
1. Chemicals manufactured or imported at least ten tons per year to export the whole quantity thereof overseas;
2. Chemicals manufactured or imported at least ten tons per year to manufacture other chemicals for the export of the whole quantity of such other chemicals overseas;
3. Chemicals for scientific experiments, analysis or chemical research, such as reagents;
4. Chemicals for the purpose of research and development falling under any of the following:
(a) Cases for developing chemicals, products, etc.;
(b) Cases for improving or developing manufacturing processes;
(c) Cases for testing the fields of application of chemicals at the place of business;
(d) Cases for pilot manufacturing of chemicals or pilot production of products, etc.;
5. High molecular compounds falling under any of the following:
(a) A high molecular compound whose number average molecular weight is at least 10,000, in which the content of molecules whose weight is less than 1,000, is less than five percent and the content of molecules whose weight is less than 500 is less than two percent;
(b) A high molecular compound whose number average molecular weight is not less than 1,000 or less than 10,000, in which the content of molecules whose weight is less than 1,000, is less than 25 percent and the content of molecules whose weight is less than 500 is less than 10 percent;
6. Chemicals formed by reacting functional groups on the surface of a substance subject to surface treatment with another substance that treats the surface of the substance where both the substance subject to surface treatment and another substance that treats the surface of the substance do not constitute new chemicals and existing chemicals subject to registration;
7. Non-isolated intermediates;
8. Isolated intermediates whose outflow or leakage is blocked by technical means.
(2) Notwithstanding paragraph (1) 5, high molecular compounds falling under any of the following shall not be included in those subject to confirmation of exemption from registration under Article 11 (1) 2 of the Act:
1. Cationic high molecular compounds (high molecular compounds which are used only in solid state, and not soluble or dissolved in water, shall be excluded);
2. High molecular compounds whose number average molecular weight is less than 10,000, in which monomers, which are new chemicals, hazardous chemicals, and chemicals publicly notified by the Minister of Environment because such chemicals pose or are likely to pose hazards or risks, constitute more than two percent by the weight ratio.
 Article 12 (Measures against Nonperformance of Duty to Register)
"Necessary measures prescribed by Presidential Decree, such as ... the withdrawal of the relevant chemicals" in Article 13 (2) of the Act means the following measures:
1. Withdrawal of the relevant chemicals;
2. Destruction of the relevant chemicals which harm or are likely to harm human health or the environment;
3. Reporting of a plan for implementation of the registration of chemicals under Article 10 of the Act.
 Article 13 (Omission of Data to Be Submitted When Applying for Registration of Chemicals)
"New chemical or an existing chemical subject to registration prescribed by Presidential Decree" in the proviso to Article 14 (1) of the Act means any of the following substances:
1. New chemicals manufactured or imported in compliance with standards under attached Table 3;
2. Isolated intermediates: Provided, That isolated intermediates under Article 11 (1) 8 shall be excluded;
3. Chemicals whose hazards to human health or the environment may be judged through the results obtained from internationally recognized qualitative or quantitative structure activity relationship models (QSAR models), the quantity of which intended to be manufactured or imported is less than ten tons per year;
4. Chemicals whose hazards to human health or the environment may be judged through the results obtained from internationally recognized in vitro testing methods;
5. Chemicals whose hazards to human health or the environment may be judged through the results obtained from chemicals with similar structure;
6. Chemicals whose hazards to human health or the environment may be judged through the reliable results on par with internationally recognized testing methods;
7. Chemicals the test of which is technically impossible;
8. Chemicals that may be judged through data for application for registration under Article 14 (1) 7 or 9 of the Act that they will not be exposed to humans or the environment.
 Article 14 (Grounds for Individual Submission of Data When Applying for Registration of Existing Chemicals Subject to Registration)
"Cases that constitute grounds prescribed by Presidential Decree" in Article 15 (1) 3 of the Act means any of the following cases:
1. Where the classification of chemicals disagrees with the labelling of chemicals on the same items to be tested;
2. Where a person's opinion disagrees with the representative's opinion in choosing test data for the same items to be tested.
 Article 15 (Grounds for Refusal of Consent to Use Vertebrate Test Data)
"Just cause prescribed by Presidential Decree" in Article 17 (3) of the Act means where the price a person who has made a request for consent to use vertebrate test data intends to pay, to the owner of the relevant data, is not equivalent to the use of vertebrate test data.
CHAPTER III REVIEW OF HAZARDS AND ASSESSMENT OF RISKS OF CHEMICALS
 Article 16 (Chemicals Whose Hazard Evaluation Is Deemed Necessary)
"Chemicals prescribed by Presidential Decree, the hazard assessments of which are deemed necessary, such as chemicals that the Republic of Korea is required to assess, among chemicals the hazard assessments of which are conducted by international organizations" in Article 19 (1) of the Act means the following chemicals:
1. Chemicals that the Republic of Korea is required to assess, among chemicals the hazard assessments of which are conducted by international organizations, such as the Organization for Economic Cooperation and Development (OECD);
2. Chemicals for the implementation of international conventions;
3. Chemicals manufactured or imported in quantities of up to ten tons per year to export the whole quantity thereof overseas;
4. Chemicals under subparagraphs 3 through 6 of Article 13;
5. Chemicals to develop test methods concerning physical and chemical properties and hazards of chemicals;
6. Chemicals that harm or are likely to harm human health or the environment;
7. Chemicals manufactured by small and medium enterprises defined in the subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises;
8. Nanomaterials.
 Article 17 (Research Institutes)
"Research institutes prescribed by Presidential Decree" in the former part of Article 22 (1) of the Act means the following institutes:
1. National or public testing and research institutes or inspection agencies;
3. Specific research institutes established under Article 2 of the Specific Research Institutes Support Act;
4. Research institutes affiliated with enterprises under Article 14 (1) 2 of the Basic Research Promotion and Technology Development Support Act;
6. Testing and research institutes designated or recognized by other Acts.
 Article 18 (Measures Based on Results of Risk Assessments)
(1) The Minister of Environment may take the following measures pursuant to Article 24 (3) of the Act:
1. Recommending related administrative agencies, public institutions, etc., to implement measures for the management of risks, including measures that may prevent hazards (hereinafter referred to as "measures for the management of hazards") in the process of handling the relevant chemicals;
2. Recommending manufacturers, importers, and downstream users of chemicals to implement measures for the management of risks;
3. Other measures deemed necessary by the Minister of Environment to minimize risks of chemicals.
(2) Where the Minister of Environment takes measures referred to in paragraph (1), he/she shall formulate measures for the management of risks in advance.
CHAPTER IV DESIGNATION AND MODIFICATION OF SUBSTANCES REQUIRING PERMISSION, ETC.
 Article 19 (Designation and Public Notice of Substances Requiring Permission)
(1) Where the Minister of Environment intends to designate substances requiring permission pursuant to Article 25 (1) of the Act, he/she shall prepare a written socio-economic analysis (hereinafter referred to as "socio-economic analysis") that has analyzed socio-economic effects generated from the purposes of the relevant chemicals in advance. In such cases, where he/she has not conducted a risk assessment of the relevant chemicals, he/she shall also conduct the risk assessment thereof.
(2) Criteria for designation of substances requiring permission pursuant to the former part of Article 25 (1) of the Act shall be as specified in attached Table 4.
(3) Where the Minister of Environment grants a permission grace period (hereinafter referred to as "permission grace period") pursuant to the latter part of Article 25 (1) of the Act, he/she shall take the following matters into consideration:
1. Results of the risk assessment of the relevant chemicals;
2. Results of socio-economic analysis of the relevant chemicals;
3. Measures for the management of risks of the relevant chemicals;
4. Information on substances or new technology that may replace the relevant chemicals.
(4) Where necessary before the Minister of Environment grants a permission grace period pursuant to the latter part of Article 25 (1) of the Act, he/she may request the head of an association relating to control of chemicals, established pursuant to Article 53 (1) of the Chemicals Control Act (hereinafter referred to "Association") to prepare and submit a written review on the permission grace period for the relevant chemicals.
(5) Where the Minister of Environment intends to designate substances requiring permission pursuant to Article 25 (1) of the Act, he/she shall make an advance notice of the names of the relevant chemicals on the Official Gazette or the Internet website in advance.
(6) Where the Minister of Environment intends to designate substances requiring permission or grant a permission grace period pursuant to Article 25 (1) of the Act, he/she shall undergo the procedure for gathering opinions from manufacturers, importers, users, etc., of the relevant chemicals.
(7) Where the Minister of Environment designates and publicly notifies substances requiring permission pursuant to Article 25 (1) of the Act, he/she shall include the following:
1. Names and unique numbers of the relevant chemicals;
2. Uses for which the permission is required: Provided, That cases for scientific experiments, analyses, or chemical research, such as a reagent, shall be excluded;
3. Grace period for permission.
 Article 20 (Designation and Public Notice of Restricted or Prohibited Substances)
(1) Where the Minister of Environment intends to designate a restricted or prohibited substance pursuant to Article 27 (1) of the Act, he/she shall take into consideration the possibility of replacement, such as a substance or new technology that may replace the relevant chemical, and socio-economic effects generated from the purposes of the relevant chemical.
(2) Where the Minister of Environment intends to designate a restricted or prohibited substance pursuant to Article 27 (1) of the Act, he/she shall undergo the procedure for gathering consensus from manufacturers, importers, users, etc., of the relevant chemical.
(3) Where necessary to designate a restricted or prohibited substance pursuant to Article 27 (1) of the Act, the Minister of Environment shall prepare a socio-economic analysis in advance. In such cases, where he/she has not conducted a risk assessment of the relevant chemical, he/she shall also conduct the risk assessment thereof.
(4) Where the Minister of Environment designates and publicly notifies a restricted or prohibited substance pursuant to Article 27 (1) of the Act, he/she shall include the following matters:
1. Name and identification number of the relevant chemical;
2. Uses for which the restriction or prohibition is required and the details thereof.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 21 (Affairs of Persons Appointed by Overseas Manufacturers or Producers)
"Affairs prescribed by Presidential Decree" in Article 38 (1) 4 of the Act means the following affairs:
1. Applications for confirmation of exemption from registration allowed under Article 11 (2) of the Act;
2. Registration of changes or reporting of changes required under Article 12 of the Act;
3. Individual submission of data for application for registration of existing chemicals subject to registration pursuant to the proviso to Article 15 (1) of the Act;
4. Inquiries made under the former part of Article 16 (2) of the Act about whether the registration of chemicals has been obtained;
5. Confirmation of whether the owner of vertebrate test data under the main sentence of Article 17 (2) of the Act has consented to use the vertebrate test data in accordance with the main sentence of Article 17 (2) of the Act;
6. Provision of information on chemicals pursuant to Article 29 of the Act;
7. Provision of information pursuant to Article 30 (2) of the Act;
8. Applications for confirmation of exemption from reporting filed under Article 32 (3) of the Act;
9. Provision of information on chemicals contained in products pursuant to Article 35 of the Act;
10. Submission of data to obtain approval from the Minister of Environment pursuant to Article 36 (2) of the Act;
11. Requests for data protection made under the main sentence of Article 45 (1) of the Act.
 Article 22 (Affairs Processed by Chemical Information Processing System)
"Affairs prescribed by Presidential Decree" in Article 39 (1) of the Act means the following affairs:
1. Reporting of the manufacture, etc., of chemicals pursuant to Article 8 of the Act;
2. Registration of chemicals pursuant to Article 10 of the Act;
3. Exemption from registration allowed under Article 11 of the Act;
4. Registration of changes, the reporting of changes, etc., pursuant to Article 12 of the Act;
5. Provision of information on chemicals pursuant to Article 29 of the Act;
6. Notification, etc. for the provision of information on chemicals under Article 31 of the Act;
7. Reporting of products that contain hazardous chemicals and confirmation of exemption from reporting pursuant to Article 32 of the Act;
8. Applications, etc. for registration filed or other affairs conducted by persons appointed by overseas manufacturers or producers pursuant to Article 38 of the Act;
9. Disclosure of information on chemicals pursuant to Article 42 of the Act;
10. Protection of data pursuant to Article 45 of the Act.
 Article 23 (Operation of Chemical Information Processing System)
(1) Where a chemical information processing system established under Article 39 (1) of the Act (hereinafter referred to as "chemical information processing system") malfunctions, the Minister of Environment shall first handle affairs provided for in Article 22 through other methods, and supplement such matters handled when the chemical information processing system operates normally.
(2) Where affairs provided for in Article 22 are handled through the chemical information processing system, electronic documents or other methods may be used in lieu of documents to be attached. In such cases, an electronic signature may take the place of a signature and sealing or signature of a person who handles affairs through electronic documents.
 Article 24 (Designation of Green Chemical Centers)
"Institution prescribed by Presidential Decree" in Article 40 (1) of the Act means any of the following institutions: <Amended by Presidential Decree No. 27434, Aug. 2, 2016>
1. Korea Environment Corporation established pursuant to the Korea Environment Corporation Act;
2. Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act;
3. Korea Institute of Industrial Technology under Article 8 (1) and subparagraph 7 of attached Table of the Act on the Establishment, Operation, and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
4. The Association;
5. Other institutions deemed by the Minister of Environment to have human resources, organization, budget, and facilities enough to conduct affairs concerning the production of information on chemicals; reduction of risks; research, development, dissemination, etc., of technology.
 Article 25 (Requirements for Designation of Green Chemical Centers)
Any institution that intends to be designated as a green chemical center (hereinafter referred to as "green chemical center") pursuant to Article 40 (1) of the Act shall meet all the following requirements:
1. It shall have an organization exclusively in charge, equipment, and tools for research, research facilities, equipment, etc. to conduct affairs under the subparagraphs of Article 40 (2) of the Act and prepare the regulations for operation;
2. It shall have at least eight professionals to conduct affairs under the subparagraphs of Article 40 (2) of the Act;
3. It shall have performance track records of affairs under the subparagraphs of Article 40 (2) of the Act it has conducted for the last two years.
 Article 26 (Procedures for Designation of Green Chemical Centers)
(1) Where the Minister of Environment intends to designate green chemical centers pursuant to Article 40 (1) of the Act, he/she shall officially announce a designation plan, a schedule, requirements for designation, requirements for qualification of professionals, etc. in the Official Gazette or the Internet homepage in advance for at least ten days.
(2) Any institution which intends to obtain designation as a green chemical center shall submit an application for designation of green chemical center to the Minister of Environment along with the following documents:
1. Specialized fields;
2. The current status of the organization exclusively in charge and professionals in the institution;
3. The current status of equipment and tools for research, research facilities, equipment, etc. secured;
4. Performance of affairs in the field of green chemicals for the last two years and evidential data;
5. A business plan and the rules for operation.
(3) Where the Minister of Environment designates a green chemical center pursuant to Article 40 (1) of the Act, he/she shall issue a written designation of the green chemical center prescribed by Ordinance of the Ministry of Environment, to the relevant institution, and post the designation thereof on the Internet homepage of the Ministry of Environment.
 Article 27 (Operation, etc. of Green Chemical Centers)
(1) Each green chemical center shall report the operations of the relevant green chemical center to the Minister of Environment in accordance with the following classification:
1. A business plan for the relevant year: By the end of February every year;
2. Results of the performance of business and results of the execution of budget in the preceding year: By March 31 every year.
(2) The Minister of Environment shall conduct evaluations on a business plan, the results of the performance of business, and the results of the execution of budget of each green chemical center based on the results reported to him/her pursuant to paragraph (1). In such cases, he/she may request green chemical centers to submit data or make a report necessary for evaluation.
(3) The Minister of Environment or the head of a related central administrative agency may subsidize all or some of expenses incurred in conducting business of green chemical centers, such as the development of environmentally friendly chemicals or new chemicals, or the development of alternative technology to hazardous chemicals.
 Article 28 (Grounds, etc. for Revocation of Designation of Green Chemical Centers)
"Cases prescribed by Presidential Decree" in Article 41 (1) 4 of the Act means where the performance of business is significantly poor as a result of the evaluation under Article 27 (2).
 Article 29 (Criteria for Administrative Disposition)
Criteria for administrative dispositions imposed under Article 41 (2) of the Act shall be as specified in attached Table 5.
 Article 29-2 (Support for Small and Medium Enterprises)
“Other matters prescribed by Presidential Decree” in Article 42-2 (7) of the Act means any of the following:
1. Implementation of statutes, education, and publicity;
2. Investigation into and dissemination of technology substituting for toxic chemicals;
3. Marketability assessment of substances substituting for toxic chemicals and support for market entry thereof;
4. Selection of exemplary SMEs concerning registration, report, etc., of chemicals and publicity for the best practices;
5. Operation of training programs for SMEs;
6. Support for preparation of data for registration application which is jointly submitted pursuant to the main sentence of Article 15 (1) of the Act.
[This Article Newly Inserted Presidential Decree No. 27434, Aug. 2, 2016]
 Article 30 (Protection of Data)
(1) The Minister of Environment shall not disclose data submitted to him/her pursuant to the main sentence of Article 45 (1) of the Act for five years: Provided, That where a person who has submitted data applies for an extension of the period for data protection, as prescribed by Ordinance of the Ministry of Environment, the Minister of Environment may permit the extension thereof only twice by each five years.
(2) "Data prescribed by Presidential Decree" in the proviso to Article 45 (1) of the Act means data falling under any of the following, which are not trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act:
1. Data concerning the commercial names of chemicals or the names of products;
2. Data concerning the purposes of chemicals or products;
3. Data concerning the safe use, such as matters requiring attention when handling chemicals or products or methods of destruction;
4. Data concerning methods of responding to chemical accidents;
5. Data concerning physical and chemical properties of chemicals;
6. Summary data concerning the toxicity of chemicals;
7. Summary data concerning hazards of chemicals;
8. Other data publicly notified because the Minister of Environment deems the disclosure of such data necessary to protect human health and the environment.
 Article 31 (Delegation and Entrustment of Authority)
(1) The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 48 (1) of the Act: <Amended by Presidential Decree No. 27434, Aug. 2, 2016>
1. Receipt of applications for registration, determination as to whether to allow registration and Issuance of notification pursuant to Article 10 (3) and (4) of the Act;
2. Receipt of applications for registration of changes or the reporting of changes, and notification of the result thereof pursuant to Article 12 (1) and (2) of the Act;
3. Receipt of data for registration applications and test plans pursuant to Article 14 (1) and (3) of the Act;
4. Receipt of inquiries about registration and notification of the results thereof pursuant to Article 16 (2) of the Act;
5. Orders to submit vertebrate test data pursuant to the proviso to Article 17 (2) of the Act;
6. Hazard reviews, notification of the results thereof, and orders to submit data pursuant to Article 18 (1) and (2) of the Act;
7. Hazard assessment conducted under Article 19 (1) of the Act; and approval for the use of the results of such assessment and revocation of such approval pursuant to paragraphs (2) and (3) of the same Article;
8. Public notice of the results of hazard review conducted under Article 21 (1) of the Act;
9. Evaluation of testing institutions pursuant to Article 22 (3) of the Act;
10. Risk assessment, notification of the result thereof, and orders to submit data pursuant to Article 24 (1) and (2) of the Act;
11. Notification, etc. for the provision of information pursuant to Article 31 of the Act;
12. Assessment of risks of products and other relevant matters pursuant to Article 33 of the Act;
13. Receipt and approval of data on chemicals contained in products of risk concern for which safety and labelling standards referred to in Article 36 (2) of the Act have not been publicly notified;
14. Receipt of reports concerning the appointment or dismissal pursuant to Article 38 (2) of the Act (only applicable where reports have been made to the President of National Institute of Environmental Research);
15. Deleted; <by Presidential Decree No. 27434, Aug. 2, 2016>
16. Disclosure of information pursuant to Article 42 of the Act;
17. Orders to report or submit data, access, inspection, etc. issued under Article 43 (1) of the Act (only applicable to cases under Article 43 (1) 2 of the Act);
18. Receipt of requests for data protection and notification of data ineligible for data protection made under Article 45 (1) and (2) of the Act (only applicable to data submitted to the President of National Institute of Environmental Research);
18-2. Hearing required under Article 47 of the Act (limited to revocation of use pursuant to Article 19 (3) of the Act);
19. Receipt of reports and notification made under the latter part of Article 3 (1) of the Addenda of the Act on Registration, Evaluation, etc. of Chemicals (Act No. 11789);
20. Preparation of measures for the management of risks pursuant to Article 18 (2);
21. Preparation of a socio-economic analysis pursuant to Article 19 (1) and conducting risk assessment pursuant to Article 20 (3).
(2) The Minister of Environment shall delegate the following authority to the heads of river basin environmental protection offices or the heads of regional environmental protection offices (hereinafter referred to as "heads of regional environmental protection offices") pursuant to Article 48 (1) of the Act:
1. Receipt of reports and reporting on changed matters made under Article 8 (1) and (3) of the Act;
2. Measures against nonperformance of duty to obtain registration provided for in Article 13 (2) of the Act;
3. Receipt of reports on products containing hazardous chemicals made under Article 32 (1) of the Act;
4. Orders to take necessary measures, such as recall, prohibition of sale or destruction of products, and orders to take emergency measures under Article 37 (1) and (2) of the Act;
5. Receipt of reports on the appointment or dismissal under Article 38 (2) of the Act (only applicable to cases reported to the head of a regional environmental protection office);
6. Orders to make reports or to submit data, access, inspection, etc. under Article 43 (1) of the Act (only applicable to cases under Article 43 (1) 1, 4, and 5 of the Act);
7. Receipt of requests for data protection and notification of data ineligible for data protection under Article 45 (1) and (2) of the Act (only applicable to data submitted to the head of a regional environmental protection office);
8. Imposition and collection of fines for negligence under Article 54 of the Act (only applicable regarding matters delegated to the head of a regional environmental protection office);
(3) The Minister of Environment shall delegate the following affairs to Korea Environment Industry and Technology Institute pursuant to the Korea Environment Industry and Technology Institute Act: <Newly Inserted by Presidential Decree No. 27434, Aug. 2, 2016>
1. Receipt of applications for confirmation of exemption from reporting products containing hazardous chemicals and notification of the results thereof pursuant to Article 32 (3) of the Act;
2. Administrative, technological and financial support relating to control of products of risk concern and products containing hazardous chemicals pursuant to subparagraph 4 of Article 42-2 of the Act.
(4) The Minister of Environment shall delegate following duties to the Korea Environment Corporation established under the Korea Environment Corporation Act: <Newly Inserted by Presidential Decree No. 27434, Aug. 2, 2016>
1. Receipt of applications for confirmation of exemption from registration and notification of the results thereof pursuant to Article 11 (2) of the Act;
2. Administrative, technological and financial support relating to establishing infrastructure to produce and manage information on chemicals pursuant to subparagraph 1 of Article 42-2 of the Act;
3. Administrative, technological and financial support relating to preparation of data for registration application which is jointly submitted under subparagraph 6 of Article 29-2.
(5) The Minister of Environment shall delegate the following affairs to the Association pursuant to Article 48 (2) of the Act: <Amended by Presidential Decree No. 27434, Aug. 2, 2016>
1. Deleted; <by Presidential Decree No. 27434, Aug. 2, 2016>
2. Confirmation of grounds for individual submission under Article 15 (1) of the Act;
3. Confirmation of the fact that the owner of vertebrate test data has not given consent to use such data under Article 17 (2) of the Act;
4. Deleted; <by Presidential Decree No. 27434, Aug. 2, 2016>
5. Receipt of reports on appointment or dismissal under Article 38 (2) of the Act (only applicable to cases reported to the Association);
6. Administrative, technological and financial support for establishing infrastructure to register chemicals under subparagraph 2 of Article 42-2 of the Act;
7. Administrative, technological and financial support for the development of workforce to control chemicals under subparagraph 3 of Article 42-2 of the Act;
8. Administrative, technological and financial support concerning mutual cooperation among small and medium enterprises under subparagraph 5 of Article 42-2 of the Act;
9. Receipt of requests for data protection and notification of data ineligible for data protection under Article 45 (1) and (2) of the Act (only applicable to data submitted to the head of the Association);
10. Administrative, technological and financial support for registration or assessment of chemicals of small and medium enterprises in accordance with subparagraphs 1 through 5 of Article 29-2.
[Article 31 (3) 1, 4, 5 and 6 shall remain in force until December 31, 2017 in accordance with the provisions of Article 2 of Addenda of Presidential Decree No. 25835, December 9, 2014]
CHAPTER VI PENALTY PROVISIONS
 Article 32 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines pursuant to Article 54 (1) of the Act shall be as specified in attached Table 6.
ADDENDA
This Decree shall enter into force on January 1, 2015.
Article 2 (Effective Period of Entrustment to Association)
Article 31 (3) 1, 4, 5 and 6 shall remain effective until December 31, 2017.
Article 3 (Procedures for Reporting by Persons Who Underwent Hazard Review)
(1) Any person that intends to report pursuant to the latter part of Article 3 (1) of the Addenda of the Act on Registration, Evaluation, etc. of Chemicals (Act No. 11789), shall submit a report prescribed by Ordinance of the Ministry of Environment to the Minister of Environment along with data prescribed by Ordinance of the Ministry of Environment by the deadline based on the following classification:
1. New chemicals: June 30, 2015;
2. Existing chemicals subject to registration: Six months from the date of designation and public notice of existing chemicals subject to registration.
(2) The Minister of Environment shall review data submitted pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Environment, and notify the results thereof within 30 days after the deadline based on the classification under the subparagraphs of paragraph (1).
Article 4 (Transitional Measures concerning Protection of Data)
Where any person that has submitted data pursuant to Articles 10 (2) through (4), 11 (2), and 18 (4) of the former Toxic Chemicals Control Act, as at the time this Decree enters into force, makes a request for the protection of data pursuant to Article 51 (1) of the Act, data being protected pursuant to Article 27 of the former Enforcement Decree of the Toxic Chemicals Control Act shall be deemed protected pursuant to Article 30 (1) of this Decree.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 27434, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 24 shall enter into force on December 2, 2016; and the amended provisions of Article 29-2 and Article 31 (3) through (5) shall enter into force on January 28, 2017.
Article 2 (Effective Period of Entrustment to Association)
The amended provisions of Article 31 (5) 5 and 9 shall remain effective until December 31, 2017.
Article 3 (Transitional Measures concerning Applications for Confirmation of Exemption from Registration Received by Association and Relevant Matters)
Notwithstanding the amended provisions of Article 31 (5), the previous provisions shall apply to notification of the results of applications for confirmation of exemption from registration or confirmation of exemption from reporting products containing hazardous chemicals received by the Association pursuant to former Article 31 (3) 1 or 4 before this Decree enters into force.