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Enforcement Rules of the Act on the Promotion of the Development,Use and Diffusion of New and Renewable Energy

Ordinance Of the Trade, Industry and Energy No. 305, Oct. 13, 2005

Amended by Ordinance Of the Trade, Industry and Energy No. 369, Oct. 4, 2006

Ordinance Of the Trade, Industry and Energy No. 1, Mar. 3, 2008

Ordinance Of the Trade, Industry and Energy No. 149, Sep. 24, 2010

Ordinance Of the Trade, Industry and Energy No. 271, Oct. 5, 2012

Ordinance Of the Trade, Industry and Energy No. 1, Mar. 23, 2013

Ordinance Of the Trade, Industry and Energy No. 38, Dec. 12, 2013

Ordinance Of the Trade, Industry and Energy No. 48, Feb. 4, 2014

Ordinance Of the Trade, Industry and Energy No. 95, Nov. 28, 2014

Ordinance Of the Trade, Industry and Energy No. 106, Dec. 31, 2014

Ordinance Of the Trade, Industry and Energy No. 138, Jul. 9, 2015

Ordinance Of the Trade, Industry and Energy No. 227, Dec. 8, 2016

Ordinance Of the Trade, Industry and Energy No. 349, Oct. 1, 2019

Ordinance Of the Trade, Industry and Energy No. 394, Sep. 29, 2020

Ordinance Of the Trade, Industry and Energy No. 448, Jan. 21, 2022

 Article 1 (Purpose)
The purpose of these Rules is to define the matters entrusted by the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, the Enforcement Decree of the same Act, and other matters necessary for the enforcement thereof.
[This Article Wholly Amended on Sep. 24, 2010]
 Article 2 (New and Renewable Energy Facilities)
“Facilities determined by Ordinance of the Ministry of Trade, Industry and Energy” in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as the “Act”) means any of the following facilities and those auxiliary thereto (hereinafter referred to as “new and renewable energy facilities”): <Amended on Apr. 23, 2015; Oct. 1, 2019>
1. Hydrogen energy facilities: Facilities that convert water or other fuels to produce or use hydrogen;
2. Fuel cell facilities: Facilities that produce electricity or heat through an electrochemical reaction between hydrogen and oxygen;
3. Energy facilities that liquefy or gasify coal and gasify heavy residue oil: Facilities that liquefy or gasify low-grade fuel of coal and heavy residue oil to produce electricity or heat;
4. Solar energy facilities:
(a) Solar heat facilities: Facilities that convert the thermal energy of the sun to produce electricity or use it as an energy source;
(b) Solar power facilities: Facilities that convert the light energy of the sun to produce electricity or use it for lighting.
5. Wind power facilities: Facilities that convert wind energy to produce electricity;
6. Water power facilities: Facilities that convert the flow energy of water to produce electricity;
7. Marine energy facilities: Facilities that convert the marine tides, waves, currents, and temperature differences to produce electricity or heat;
8. Geothermal energy facilities: Facilities that convert the temperature difference of water, groundwater, underground heat, etc. to produce energy;
9. Bio energy facilities: Facilities that produce bio energy or use it as an energy source in attached Table 1 of the Enforcement Decree of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as the “Decree”);
10. Facilities for energy from waste materials: Facilities that convert waste to produce fuel and energy;
11. Hydrothermal energy facilities: Facilities that convert the water heat to produce energy;
12. Power storage facilities: Power storage facilities linked to facilities that produce electricity using new and renewable energy (hereinafter referred to as “new and renewable energy”).
[This Article Wholly Amended on Nov. 28, 2014]
 Article 2-2 (Restrictions on Transactions of New and Renewable Energy Certificate)
“Any other ground prescribed by Ordinance of the Ministry of Trade, Industry and Energy” in Article 12-7 (6) of the Act refers to the following: <Amended on Mar. 23, 2013>
1. Where a new and renewable energy certificate (hereinafter referred to as “certificate”) is issued after supplying energy using water power in excess of 5,000 kilowatts for each power plant;
2. Where a certificate is issued after supplying energy using tidal power built using the existing embankment;
3. Where a certificate is issued after supplying energy using energy obtained by liquefying or gasifying coal or by gasifying heavy residue oil in attached Table 1 of the Decree;
4. Where a certificate is issued after supplying energy using energy obtained from waste gas incidentally generated from fossil fuel among waste energy in attached Table 1 of the Decree.
[This Article Newly Inserted on Sep. 24, 2010]
 Article 2-3 (Designation Method for Supply Certification Institutions, Etc.)
(1) A person who intends to be designated as a supply certification institution (hereinafter referred to as “supply certification institution”) under Article 12-8 (1) of the Act shall submit the designation application for a supply certification institution in attached Form 1, accompanied by the following documents, to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013>
1. Articles of incorporation (applicable only to corporations);
2. Operation plan for the supply certification institution;
3. A copy of the data on the status of human resources, technical capabilities, and facilities/equipment required for the business affairs of the supply certification institution.
(2) Upon receipt of the application under paragraph (1), the Minister of Trade, Industry and Energy shall verify the certificate of corporate registration (applicable only to corporations) through joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended on Mar. 23, 2013>
(3) Upon the receipt of an application for designation as a supply certification institution under paragraph (1), the Minister of Trade, Industry and Energy shall examine whether the details of the application satisfy the standards under each of the following subparagraphs: <Amended on Mar. 23, 2013>
1. Whether the supply certification institution has the capacity to handle the given tasks fairly and promptly;
2. Whether the supply certification institution has the human resources, technical capabilities, facilities, equipment, etc. necessary for the task.
(4) Where it is deemed necessary for the examination to take place under paragraph (3), the Minister of Trade, Industry and Energy may request the applicant to submit pertinent data or hear the opinion of the applicant. <Amended on Mar. 23, 2013>
(5) Where the Minister of Trade, Industry and Energy has designated a supply certification institution as a result of the examination under paragraphs (3) and (4), he or she shall issue a letter of designation as a supply certification institution in attached Form 2 to the applicant and publicly notify the fact thereof without delay. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Sep. 24, 2010]
 Article 2-4 (Establishment of Operation Regulations, etc.)
(1) Rules on the issuance of certificates and the operation of trading markets set out by supply certification institutions under Article 12-9 (2) of the Act shall include the following: <Amended on Nov. 28, 2014>
1. Matters concerning the issuance, registration, transaction, and disposal of certificates;
2. Matters concerning the demonstration of the supply of new and renewable energy;
3. Matters concerning the transaction method of certificates;
4. Matters concerning the method of determining the price of certificates;
5. Matters concerning the settlement and payment for the transactions of certificates;
6. Matters concerning the disclosure of information related to subparagraph 1 and dispute resolution;
7. Other matters necessary for the issuance of certificates and the operation of trading markets.
(2) “Amendments to insignificant matters prescribed by Ordnance of the Ministry of Trade, Industry and Energy” in the latter part of Article 12-9 (2) of the Act means modifications made to the matters in paragraph (1) due to calculation errors, clerical errors, omissions, or other reasons equivalent thereto. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Sep. 24, 2010]
 Article 2-5 (Disposition Standards of Supply Certification Institutions)
The specific disposition standards of supply certification institutions under Article 12-10 (1) of the Act shall be as described in attached Table 1.
[This Article Newly Inserted on Sep. 24, 2010]
 Article 2-6 (Methods for Quality Inspection of New and Renewable Energy Fuels)
The methods and procedures for the quality inspection conducted under Article 12-12 (1) of the Act for new and renewable energy fuels constituting any of the following shall follow the methods and procedures set out under the pertinent subparagraph: <Amended on Oct. 1, 2019; Jan. 21, 2022>
2. Solid fuels such as wood chips, pellets and charcoal under subparagraph 5 of Article 18-12 of the Decree: The following quality inspection methods and procedures:
(a) Quality inspection methods publicly notified under Article 20 (1) of the Act on the Sustainable Use of Timbers;
[This Article Newly Inserted on Nov. 28, 2014]
 Article 3 Deleted. <Jul. 9, 2015>
 Article 4 Deleted. <Jul. 9, 2015>
 Article 5 Deleted. <Jul. 9, 2015>
 Article 5-2 Deleted. <Jul. 9, 2015>
 Article 5-3 Deleted. <Jul. 9, 2015>
 Article 6 Deleted. <Jul. 9, 2015>
 Article 7 Deleted. <Jul. 9, 2015>
 Article 8 (Subsidy for Facility Certification Fees)
Where a small and medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises obtains a certification of product under Article 15 of the Industrial Standardization Act for new and renewable energy facilities, the Minister of Trade, Industry and Energy may subsidize part of the fees required for the product examination under Article 13 (2) of the Act.
[This Article Wholly Amended on Jul. 9, 2015]
 Article 9 Deleted. <Jul. 9, 2015>
 Article 10 (Fees)
(1) The quality inspection fee under Article 16 (1) of the Act shall be the amount under the following classifications: <Amended on Jul. 9, 2015; Oct. 1, 2019; Jan. 21, 2022>
1. Biodiesel and bio fuel oil under subparagraph 4 of Article 18-12 of the Decree: Amount determined and publicly notified by the Minister of Trade, Industry and Energy pursuant to Article 47 (1) of the Enforcement Rules of the Petroleum and Alternative Fuel Business Act;
2. Solid fuels such as wood chips, pellets and charcoal under subparagraph 5 of Article 18-12 of the Decree: Amount determined and publicly notified by the Minister of the Korea Forest Service under Article 31 (1) of the Enforcement Rules of the Act on the Sustainable Use of Timbers.
(2) Fees for the issuance of certificates (excluding tasks accompanying the issuance) and transaction fees under Article 16 (2) of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy within 2/1,000 of the transaction amount for the certificate. <Amended on Mar. 23, 2013; Nov. 28, 2014>
(3) As the tasks accompanying the issuance of certificates under Article 16 (2) of the Act, the fee for verifying the facilities subject to the issuance of certificates shall be determined and publicly notified by the Minister of Trade, Industry and Energy on account of required expenses and facility capacity by energy source. <Newly Inserted on Nov. 28, 2014>
[This Article Wholly Amended on Sep. 24, 2010]
 Article 11 (Suspension of Subsidization of Power Generation Price Difference and Recovery Procedures)
According to Article 18 (1) of the Act, where an entity engaged in new and renewable energy power generation business commits the act described in Article 18 (1) 2 of the Act (hereafter referred to as “violation” in this paragraph), the Minister of Trade, Industry and Energy shall enforce measures according to the following classifications: <Amended on Mar. 23, 2013>
1. Where the violation has occurred once: Warning
2. Where the violation has occurred twice: Corrective order
3. Where the corrective order in subparagraph 2 has not been observed: Suspension of subsidization of power generation price difference under Article 17 (2) of the Act.
(2) The Minister of Trade, Industry and Energy shall recover the power generation price difference in the former part of Article 18 (2) of the Act if an entity engaged in new and renewable energy power generation business commits an act described in Article 18 (1) 1 of the Act. In this case, the Minister of Trade, Industry and Energy shall give the entity engaged in new and renewable energy power generation business an opportunity to submit his or her opinions within a period of no less than 10 days in advance. <Amended on Mar. 23, 2013>
(3) Where the power generation price difference is to be recovered under paragraph (2), the Minister of Trade, Industry and Energy shall notify the pertinent entity engaged in new and renewable energy power generation business to pay the power generation price difference via a document specifying the fact of violation, amount to be recovered, payment deadline, to whom to pay, and the period and method of raising an objection. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 24, 2010]
 Article 12 (Procedures for Designation of Commonly Used Items for New and Renewable Energy Facilities and their Components)
“Institutions or organizations designated by Ordinance of the Ministry of Trade, Industry and Energy” in Article 21 (2) 2 of the Act refers to the organizations pertaining to the development, use, and distribution of new and renewable energy. <Amended on Jul. 9, 2015>
(2) A person who intends to request the designation of a commonly used items under Article 24 (1) of the Decree shall submit the designation request, accompanied by the following documents, to the Administrator of the Korean Agency for Technology and Standards: <Amended on Dec. 12, 2013>
1. Name, standard, and description of the applicable item;
2. Reasons for the designation as a commonly used item;
3. Expected effects if designated as a commonly used item.
(3) In addition to the matters prescribed in paragraph (2), further details on the designation of commonly used items shall be determined and publicly notified by the Administrator of the Korean Agency for Technology and Standards. <Amended on Dec. 12, 2013>
[This Article Wholly Amended on Sep. 24, 2010]
 Article 13 (Notification of Obligation to Blend New and Renewable Energy Fuels)
The Minister of Trade, Industry and Energy shall notify a petroleum refinery business entity or a petroleum export-import business entity (hereinafter referred to as “person with fuel blending obligation”) according to Article 2 of the Petroleum and Alternative Fuel Business Act of the matters on the obligation to blend new and renewable energy when issuing the registration of a petroleum refinery business and the registration of a petroleum export-import business pursuant to Articles 4 (6) and 8 (7) of the Enforcement Rules of the Petroleum and Alternative Fuel Business Act.
[This Article Wholly Amended on Jul. 9, 2015]
 Article 13-2 (Application of Management Agency and Method of Designation, Etc.)
A person who intends to be designated as an agency responsible for managing fuel blending obligation under Article 23-4 (1) of the Act (hereinafter referred to as “management agency”) shall submit an application for designation as a management agency in attached Form 3, accompanied by the following documents, to the Minister of Trade, Industry and Energy:
1. Articles of incorporation;
2. Management agency's operation plan;
3. A copy of the data on the status of human resources, technical capabilities, and facilities/equipment required for the business affairs of the management agency.
(2) The Minister of Trade, Industry and Energy shall examine whether the details of the application for designation as a management agency under paragraph (1) satisfy the standards in each of the following:
1. Whether it has the ability to process given tasks fairly and promptly as a management agency;
2. Whether it has the human resources, technical capabilities, facilities, equipment, etc. necessary for its tasks as a management agency.
(3) Where it is deemed necessary for the examination to take place under paragraph (2), the Minister of Trade, Industry and Energy may request the applicant to submit pertinent data or hear the opinion of the applicant.
(4) Where a management agency is to be designated under paragraphs (2) and (3), the Minister of Trade, Industry and Energy shall issue a written designation of a management agency in attached Form 4 to the applicant and publicly notify the fact thereof without delay.
[This Article Wholly Amended on Jul. 9, 2015]
 Article 13-3 (Details of Standards for Management of Blending Obligation, Etc.)
(1) The standards for management of blending obligation determined by the management agency under Article 23-5 (2) of the Act shall include the following:
1. Matters concerning the methods and procedures for the aggregation and verification of the implementation result of blending obligation;
2. Matters concerning the methods and procedures for confirming the status of blending facilities, changes to blending facilities, and the result of implementation of the use of blending facilities of the person with fuel blending obligation;
3. Matters concerning the collection and management of information pertaining to the fulfillment of blending obligations;
4. Matters concerning the disclosure of information and dispute resolution pertaining to subparagraphs 1 through 3;
5. Other matters necessary to implement the management of blending obligations.
(2) Where the Minister of Trade, Industry and Energy intends to order a management agency to report or submit data on the plan, outcomes or information regarding the management of blending obligation under Article 23-5 (3) of the Act, he or she shall set and notify the details thereof and submission deadline in advance.
[This Article Newly Inserted on Jul. 9, 2015]
 Article 13-4 (Standards for Revocation of Designation of Management Agency and Suspension of Business, Etc.)
(1) The standards for revocation of designation of management agency and suspension of business in Article 23-6 (1) of the Act shall be as described in attached Table 2.
(2) Where the Minister of Trade, Industry and Energy has revoked the designation of a management agency or has ordered the suspension of all or part of its affairs under paragraph (1), he or she shall give public notice thereof without delay.
[This Article Newly Inserted on Jul. 9, 2015]
 Article 14 (Specialized Institution for New and Renewable Energy Statistics)
A specialized institution with expertise in statistics-related tasks under Article 25 (2) of the Act shall be the new and renewable energy center under Article 31 (1) of the Act (hereinafter referred to as “center”).
[This Article Wholly Amended on Sep. 24, 2010]
 Article 14-2 (Scope and Applicability of Lease of the State Property, Etc.)
(1) The scope of the State property that may be leased or disposed of under Article 26 (1) of the Act shall be real estate and the appurtenances thereof under Article 5 (1) 1 of the State Property Act, whereas the applicable property shall be difficult to be used for any purpose other than for the technology development, use, and distribution of new and renewable energy as determined by the head of a central government agency, etc. (referring to the head of a central government agency, etc. under subparagraph 11 of Article 2 of the State Property Act; hereinafter in this Article, the same shall apply).
(2) The Minister of Trade, Industry and Energy may request information on the type, area, etc. of the State property determined under paragraph (1) from the head of a central government agency, etc.
[This Article Newly Inserted on Sep. 29, 2020]
 Article 15 (Procedures for Supporting Commercialization of New and Renewable Energy Technology, Etc.)
(1) A person who intends to receive support for the commercialization of new and renewable energy technology under Article 28 (1) of the Act shall submit an application for the support for the commercialization of new and renewable energy technology in attached Form 8, accompanied by the following documents, to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013>
1. Business plan;
2. A copy of documents certifying that he or she falls under any of the following items. In this case, the person falling under (a) shall also submit a self-development statement:
(a) A person who has independently developed a technology related to new and renewable energy and has the right to use it;
(b) A person who is transferred with a technology related to new and renewable energy from a national/public research institute, university, company or individual that has developed the technology related to new and renewable energy;
(c) A person who has the right to use a technology related to new and renewable energy owned by the government, national/public research institute, university, company or individual;
3. A copy of data certifying that the new and renewable energy-related technology has not yet been commercialized at the time of application for support.
(2) The scope of support for the commercialization of new and renewable energy under Article 28 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013>
1. For producing prototypes and investment in facilities under Article 28 (1) 1 of the Act: Subsidization of up to 100% of required funds;
2. For education and publicity on the new and renewable energy technology under Article 28 (1) 3 of the Act: Subsidization of up to 80% of required funds;
3. For support projects determined by the Minister of Trade, Industry and Energy under Article 28 (1) 4 of the Act: Subsidization of up to 80% of required funds;
(3) In addition to the matters set forth in paragraphs (1) and (2), the details of support for the commercialization of new and renewable energy technology shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Sep. 24, 2010]
 Article 16 (Application for Designation as a Specialized College and Research Center for Core Technology in the Field of New and Renewable Energy)
A person who intends to be designated as a specialized college or a research center for core technology in the field of new and renewable energy shall submit the application for designation as a specialized college in the field of new and renewable energy in attached Form 9 or the application for designation as a research center for core technology in attached Form 10, accompanied by the following documents, to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013>
1. Mid- to long-term human resources cultivation project plan;
2. Operation plan for specialized college or research center for core technology in the field of new and renewable energy.
[This Article Wholly Amended on Sep. 24, 2010]
 Article 16-2 (Repair of Defects in New and Renewable Energy Facilities)
(1) “The person prescribed by Ordinance of the Ministry of Trade, Industry and Energy” in Article 30-3 (1) of the Act refers to a local government or a public agency participated in any of the distribution projects in Article 27 (1) of the Act.
(2) New and renewable energy facilities subject to defect repair under Article 30-3 (1) of the Act shall be facilities installed under Articles 12 (2) and 27 of the Act.
(3) The period of defect repair under Article 30-3 (1) of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy for a period not exceeding five years.
[This Article Newly Inserted on Jul. 9, 2015]
 Article 16-3 (Follow-Up Management Procedures of New and Renewable Energy Facilities, Etc.)
(1) The head of an implementing agency under Article 30-4 (1) of the Act (hereinafter referred to as the “head of an implementing agency”) shall develop and implement a follow-up management plan for the relevant year that includes the following matters by the end of January each year, and inform the constructors of new and renewable energy facilities publicly notified under the same paragraph to perform the follow-up management:
1. Items to be inspected, such as the operating status of new and renewable energy facilities, the appearance of structures, and the fastening status of various members;
2. Inspection time and method for each new and renewable energy facility;
3. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for efficient follow-up management of new and renewable energy facilities.
(2) Constructors shall report the results of follow-up management of new and renewable energy facilities under Article 30-4 (3) of the Act to the head of an implementing agency by the end of May of the pertinent year under attached Form 11.
(3) The head of an implementing agency shall submit the result of follow-up management of new and renewable energy facilities to the center by the end of June of the pertinent year under attached Form 12 pursuant to Article 30-4 (4) of the Act, and the center shall report thereof to the Minister of Trade, Industry and Energy under attached Form 12 by the end of July of the pertinent year.
[This Article Newly Inserted on Sep. 29, 2020]
 Article 17 (Organization and Operation of the Center)
(1) The center shall have one director.
(2) The director shall be appointed by the Minister of Trade, Industry and Energy at the request of the chairperson of the Korea Energy Agency (hereinafter referred to as the “Agency”) under Article 45 (1) of the Energy Use Rationalization Act. <Amended on Mar. 23, 2013>
(3) The director shall represent the center and oversee the affairs thereof.
(4) The center shall have a steering committee to deliberate on the following matters concerning the operation of the center:
1. Matters concerning business plans, budgets, and settlement of accounts by year;
2. Matters concerning the enactment or amendment of the operating regulations of the center;
3. Other matters deemed necessary by the director for the operation of the center.
(5) The director shall determine matters necessary for the establishment and operation of the steering committee under paragraph (4) with the approval of the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(6) Matters on the organization, quota, and budget of the center other than those prescribed in paragraphs (1) through (5) shall be determined by the articles of incorporation of the Agency, and matters necessary for the operation of the center, such as personnel affairs, shall be administered by the director at his or her discretion.
[This Article Wholly Amended on Sep. 24, 2010]
 Article 18 (Re-Examination of Regulations)
(1) The Minister of Trade, Industry and Energy shall re-examine the validity of the reports, etc. of a specialized new and renewable energy enterprise under Article 13 every three years from January 1, 2014 (referring to the date prior to January 1 of every third year) and enforce measures such as making improvements. <Amended on Dec. 31, 2014>
(2) The Minister of Trade, Industry and Energy shall examine the validity of the information of specialized new and renewable energy enterprises that may be disclosed under Article 13-2 every three years from January 1, 2015 (referring to the date prior to January 1 of every third year) and enforce measures such as making improvements. <Newly Inserted on Dec. 31, 2014>
(3) The Minister of Trade, Industry and Energy shall examine the validity of the following matters every two years from each reference date (referring to the date prior to the reference date of every second year) and enforce measures such as making improvements: <Newly Inserted on Dec. 31, 2014>
1. Scope of facility certification under Article 4: January 1, 2015;
2. Deadline for notification of the examination schedule for facility certification under Article 5 (2): January 1, 2015;
3. Documents to be submitted to apply for designation as a performance examination agency under Article 6 (1): January 1, 2015;
4. Facility certification examination standards under Article 7 (1) and attached Table 2: January 1, 2015;
5. Measures for violations under Article 11 (1): January 1, 2015.
[This Article Newly Inserted on Feb. 4, 2014]
 Article 18-2 Deleted. <Dec. 31, 2014>
 Article 19 (Special Cases Concerning Issuance of Renewable Energy Certificates, Etc.)
(1) Among those who are supplying renewable energy from nonrenewable wastes under the previous provisions at the time this Act enters into force pursuant to Article 2 of the Addenda of the partial amendment to the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (Act No. 16236); or those who have obtained approval of the plan for construction works under Article 61 (1) of the Electric Utility Act or have reported such plan under paragraph (3) of the same Article before this Act enters into force to supply renewable energy from nonrenewable waste (including those who have obtained approval of their construction plan under Article 22 (1) of the Integrated Energy Supply Act) and have under taken construction works (according to the scheduled commencement date specified in the construction commencement report certificate or the commencement postponement confirmation under Article 14 of the Enforcement Rules of the Building Act) shall be issued with certificates under Article 12-7 of the Act for 16 years from the initial issuance date for the certificates: Provided, That certificates for those who supply renewable energy using by-product gas generated from the steel-making process, petrochemical process, etc. shall be issued by December 31, 2020.
(2) The supply obligation under Article 12-5 (1) of the Act shall not be imposed until December 31, 2027 on those who supply renewable energy produced from nonrenewable waste under the previous provisions at the time this Act enters into force.
[This Article Newly Inserted on Oct. 1, 2019]
Addenda <No. 305, Oct. 13, 2005>
Article 1 (Effective Date)
These Rules shall enter into force on the date of its promulgation.
Article 2
(Transitional Measures Concerning Facility Certification Marks) The facility certification marks attached to new and renewable energy facilities under the previous provisions at the time these Rules enter into force shall be deemed as the facility certification marks under the provisions in attached Table 2.
Article 3 (Amendment of Other Statutes)
(1) Part of the Enforcement Rules of the Restrictions of Special Taxation Act shall be amended as follows:
Subparagraph 2 of attached Table 8-5 shall be as follows:
2. New and renewable energy supply facilities;New and renewable energy production facilities;Facilities that produce fuel, heat, or electricity using new and renewable energy under the provisions of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy
(2) Part of the Enforcement Rules of the Energy Use Rationalization Act shall be amended as follows:
Article 3 (1) 7 shall be as follows:
7. Appropriateness of the new and renewable energy use plan
(3) Part of the Enforcement Rules of the Act on the Establishment of Industrial Technology Foundation shall be amended as follows:
Subparagraph 15 of Article 7 shall be as follows:
(4) Part of the rules on the reduction of tariffs under the provisions of Article 118 of the Restrictions of Special Taxation Act shall be as follows:
“Alternative energy” in attached Table 3 shall be replaced with “new and renewable energy.”
Article 4 (Relationship with Other Statutes)
Where other statutes cite the previous Enforcement Rules of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy or the provisions thereof at the time these Rules enter into force, and where these Rules contain pertinent provisions, these Rules or the relevant provisions of these Rules shall be deemed to have been cited in lieu of the previous provisions.
Addendum <No. 369, Oct. 4, 2006> (Partial amendment to the Enforcement Rules of the High-Pressure Gas Safety Control Act for joint use of administrative information and document reduction)
These Rules shall enter into force on the date of its promulgation.
Addenda <No. 1, Mar. 3, 2008> (Enforcement Rules of the Ministry of Knowledge Economy and organizations affiliated thereto)
Article 1 (Effective Date)
These Rules shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
Article 5 (Amendment of Other Statutes)
(1) through (28) Omitted.
(29) Part of the Enforcement Rules of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy shall be amended as follows:
In subparagraph 5 of Article 3, Articles 4 and 8, the former and latter parts of Article 11 (1) and (2), the head sentence of Article 13 (4), the head sentence of Article 15 (1), the head sentence of subparagraph 3 of paragraphs (2) and (3), and Article 16, Article 17 (2) and (5), the front page of attached Form 3, the front page of attached Form 5, the front page of attached Form 6, the front page of attached Form 7, the front page of attached Form 8, and the front page of attached Form 9, “Minister of Commerce, Industry and Energy” shall be replaced with “Minister of Knowledge Economy.”
“Ministry of Commerce, Industry and Energy” on the back page of attached Form 3, the back page of attached Form 6, the back page of attached Form 7, the back page of attached Form 8, and the back page of attached Form 9 shall be replaced with “Ministry of Knowledge Economy.”
In the head sentence of Article 2 and the head sentence of Article 12 (1), “Ordinance of the Ministry of Commerce, Industry and Energy” shall be replaced with “Ordinance of the Ministry of Knowledge Economy.”
Paragraph (30) through <64> Omitted.
Addendum <No. 149, Sep. 24, 2010>
These Rules shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (1) shall enter into force on April 13, 2011, and the amended provisions of Articles 2-2 through 2-5 and Article 10 (2) shall enter into force on January 1, 2012.
Addenda <No. 271, Oct. 5, 2012> (Partial amendment to the Enforcement Rules of the Measures Act for the improvement of statutory forms)
Article 1 (Effective Date)
These Rules shall enter into force on the date of its promulgation:
Article 2 (Transitional Measures Concerning Amendment of Forms)
The forms under the previous provisions at the time these Rules enter into force shall continue to be effective, whereas the parts amended under these Rules shall be modified for use.
Addenda <No. 1, Mar. 23, 2013> (Enforcement Rules of the Ministry of Trade, Industry and Energy and organizations affiliated hereto)
Article 1 (Effective Date)
These Rules shall enter into force on the date of its promulgation. <Proviso Omitted>
Articles 2 through 6 Omitted.
Article 7 (Amendment of Other Statutes)
(1) through (29) Omitted.
(3) Part of the Enforcement Rules of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy shall be amended as follows:
In the main sentences of the head sentence of Article 2, the head sentence of Article 2-2, Article 2-4 (2), the head sentence of Article 12 (1), and the head sentence of Article 13 (2), “Ordinance of the Ministry of Knowledge Economy” shall be replaced with “Ordinance of the Ministry of Trade, Industry and Energy.”
In the head sentence of Article 2-3 (1), paragraph (2) of the same Article, the head sentence of paragraph (3) of the same Article, paragraphs (4) and (5) of the same Article, subparagraph 5 of Article 3, Articles 4, 8, and 10 (2), the head sentence of Article 11 (1), the former and latter parts of paragraph (2) of the same Article, paragraph (3) of the same Article, the head sentence of Article 15 (1), paragraph (2) 3 of the same Article, paragraph (3) of the same Article, the head sentence of Article 16, and Article 17 (2) and (5), “Minister of Knowledge Economy” shall be replaced with “Minister of Trade, Industry and Energy.”
In subparagraph 1 of attached Table 4, subparagraph 2 (a) of the same Table, and the main sentence of subparagraph 3 (a) of the same Table, “Minister of Knowledge Economy” shall be replaced with “Minister of Trade, Industry and Energy.”
In attached Form 1, attached Form 2, and attached Form 8 through 10, “Minister of Knowledge Economy” shall be replaced with “Minister of Trade, Industry and Energy.”
In attached Form 1 and attached Form 8 through 10, “Ministry of Knowledge Economy” shall be replaced with “Ministry of Trade, Industry and Energy.”
(31) through <63> Omitted.
Addenda <No. 38, Dec. 12, 2013> (Enforcement Rules of the Ministry of Trade, Industry and Energy and organizations affiliated thereto)
Article 1 (Effective Date)
These Rules shall enter into force on December 12, 2013.
Articles 2 and 3 Omitted.
Article 4 (Amendment of Other Statutes)
(1) through (4) Omitted.
(5) Part of the Enforcement Rules of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy shall be amended as follows:
In the head sentence of Article 6 (1), paragraph (2) of the same Article, the main sentence of paragraph (3), Article 7 (2) 2, and the head sentence of Article 12 (2) and (3), “Administrator of the Agency for Technology and Standards” shall be replaced with “Administrator of the Korean Agency for Technology and Standards.”
(6) through (11) Omitted.
Addenda <No. 48, Feb. 4, 2014> (Partial amendment to the Enforcement Rules of the Measures Act, etc. for the regulation of the re-examination period due to the amendment to the Framework Act on Administrative Regulations)
These Rules shall enter into force on the date of its promulgation.
Addendum <No. 95, Nov. 28, 2014>
These Rules shall enter into force on the date of its promulgation.
Addendum <No. 106, Dec. 31, 2014> (Partial amendment to the Enforcement Rules of the High-Pressure Gas Safety Control Act for improvement of regulations by means such as setting the re-examination period for regulations)
These Rules shall enter into force on January 1, 2015.
Addendum <No. 121, Apr. 23, 2015>
These Rules shall enter into force on the date of its promulgation.
Addenda <No. 138, Jul. 9, 2015>
Article 1 (Effective Date)
These Rules shall enter into force on July 29, 2015: Provided That the amended provisions in Article 3 and Articles 13-2 through 13-4 shall enter into force on July 31, 2015.
Article 2 (Amendment of Other Statutes)
(1) Part of the Enforcement Rules of the Energy Use Rationalization Act shall be amended as follows:
In Article 29 (1) 4 (e), “Pursuant to Article 13 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy” shall be replaced with “pursuant to Article 15 of the Industrial Standardization Act.”
(2) Part of the Enforcement Rules of the Smart Grid Construction and Utilization Promotion Act shall be amended as follows:
Addenda <No. 227, Dec. 8, 2016>
Article 1 (Effective Date)
These Rules shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Application of Administrative Disposition Standards to Supply Certification Institutions)
Notwithstanding the amended provisions in subparagraph 1 of attached Table 1, when applying administrative disposition standards to violations prior to the enforcement of these Rules, the previous provisions shall prevail.
Addendum <No. 349, Oct. 1, 2019>
These Rules shall enter into force on October 1, 2019.
Addendum <No. 394, Sep. 29, 2020>
These Rules shall enter into force on October 1, 2020.
Addendum <No. 448, Jan. 21, 2022> (Partial amendment to the 36 Ordinances of the Ministry of Trade, Industry and Energy, including the Enforcement Rules of the High-Pressure Gas Safety Control Act)
These Rules shall enter into force on the date of its promulgation.
※ The Korea Trade-Investment Promotion Agency provides English translation of this Rule as a reference to enhance understanding of Korean law, and this Rule translated is not legally binding and officially effective.