The purpose of this Rule is to prescribe matters mandated by the Environmental Technology and Industry Support Act and the Enforcement Decree of the same Act, and other matters necessary for the enforcement thereof. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 2 (Environmental Facilities) |
"Facilities ... as prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act (hereinafter referred to as the "Act") means any of the following: <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011; Ordinance of the Ministry of Environment No. 688, Jan. 19, 2017; Ordinance of the Ministry of Environment No. 745, Jan. 17, 2018> | 1. | Facilities for preventing environmental pollution designed and built by a person who has registered a specialized environmental construction business under Article 15 (1) of the Act (hereinafter referred to as "specialized environmental constructor"); |
| 8. | Other facilities, machinery, apparatus, or equipment for preventing or reducing environmental pollutants or those for restoring the polluted environment to its original state, as determined and publicly notified by the Minister of Environment. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 3 Deleted. <by Ordinance of the Ministry of Environment No. 342, Jul. 1, 2005> |
| Article 4 (Procedures for Promoting Projects for Facilitating Practical Use of Environmental Technologies) |
| (1) | The head of a local government, which has saved budget by utilizing a new excellent technology under subparagraph 1 of Article 17 of the Enforcement Decree of the Environmental Technology and Industry Support Act (hereinafter referred to as the "Decree"), may file an application for an encouragement subsidy in attached Form 1, accompanied by the following documents, with the Minister of Environment, Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"): <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> |
| 1. | A statement of construction costs for the project in question (including a copy of the relevant contract); |
| 2. | A copy of drawings and documents for the project in question; |
| 3. | A statement of construction costs for at least one facility of the same kind for the recent three years and the basis for such cost calculation; |
| 4. | Materials evidencing that the use of the new excellent technology leads to budget saving. |
| (2) | The head of an administrative agency, which intends to promote a project for assisting with the costs for installing environmental facilities using a new excellent technology under subparagraph 2 of Article 17 of the Decree, shall formulate a plan for installing the environmental facilities and select the right person for the project through public competition. In such cases, the head of the administrative agency shall require the selected person install the environmental facilities at his or her expense and shall evaluate whether the new technology is successful by test run or other means. |
| (3) | The head of the administrative agency may subsidize full or part of the expenses for installing the environmental facilities where the new excellent technology used in such facilities installed under paragraph (2) is deemed successful upon deliberation and decision thereon by the Environmental Preservation Advisory Committee under Article 37 of the Framework Act on Environmental Policy. |
| (4) | Matters regarding new excellent technologies eligible for an encouragement subsidy and standards for budget saving under paragraph (1), standards for evaluating whether a new excellent technology is successful under paragraph (2) and those eligible for a subsidy shall be determined and publicly notified by the Minister of Environment. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 5 Deleted. <by Presidential Decree No. 152, Jan. 16, 2004> |
| Article 6 (Application Procedures for New Excellent Technology Certification or Environmental Technology Verification) |
| (1) | An application for new excellent technology certification or environmental technology verification under Article 18 of the Decree shall be made in attached Form 2. |
| (2) | The Minister of Environment shall publicly announce the following under Article 18-4 (1) of the Decree: |
| 1. | Applicant (in the case of a corporation, including the representative of the corporation); |
| 2. | Major details of the technology for which an application is filed; |
| 3. | Deadline for submitting opinions. |
| (3) | The certificate of new excellent technology and the statement of environmental technology verification under Article 18-5 (1) of the Decree shall be issued in attached Forms 3 and 4, respectively. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (4) | The details of issuance of new excellent technology certificates and technology verification statements under Article 18-5 (2) of the Decree shall be as specified in attached Form 5. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (5) | An applicant for certification of new excellent technology or verification of environmental technology under Article 7 (1) through (3) of the Act shall pay the following expenses to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Korea Environmental Industry and Technology Institute"): Provided, That the expenses under subparagraph 2 shall be paid only for environmental technology verification: <Amended by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014; Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| 1. | Expenses for preparing and reviewing a plan on new excellent technology certification or environmental technology verification (hereinafter referred to as "assessment and registration fees"); |
| 2. | Expenses for on-site assessments (hereafter referred to as "assessment fees"). |
| (6) | A person issued a certificate of new excellent technology or a statement of environmental technology verification under Article 7 (4) of the Act may file with the Minister of Environment an application for re-issuance thereof in any of the following cases: <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| 1. | Where the certificate of new excellent technology or the statement of environmental technology verification is lost or becomes unusable due to damage; |
| 2. | Where changes are made to the entries regarding a technology holder. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 6-2 (Methods for Indicating New Excellent Technology Certification or Environmental Technology Verification) |
| (1) | Methods for indicating new excellent technology certification or environmental technology verification under Article 7-2 (1) of the Act shall be as specified in attached Table 1. <Amended by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (2) | An agency required to submit the results of utilizing new technologies or verified technologies under Article 7-2 (4) of the Act shall submit to the Minister of Environment the annual results for the year, calculated based on every December 31st, by April 30 of the following year using attached Form 5-2. <Amended by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014; Ordinance of the Ministry of Environment No. 832, Dec. 20, 2019> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 483, Oct. 28, 2011]
| Article 6-3 (Follow-up Evaluation of Performance of New Excellent Technologies or Verified Technologies) |
| (1) | The Minister of Environment shall conduct a follow-up evaluation of the performance and economical efficiency of new technologies or verified technologies under Article 7-2 (5) of the Act by every May 31st. <Amended by Ordinance of the Ministry of Environment No. 832, Dec. 20, 2019> |
| (2) | The Minister of Environment shall publish the results of the follow-up evaluation under paragraph (1) in the Official Gazette or on its website. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 689, Jan. 17, 2014]
| Article 6-4 (Application for Extending Validity of New Excellent Technology Certification and Environmental Technology Verification) |
| (1) | An application for extension of the term of validity of new excellent technology certification or environmental technology verification under Article 19-4 (2) of the Decree (hereinafter referred to as "application for extension") shall be made in attached Form 5-3. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011; Ordinance of the Ministry of Environment No. 560, Jun. 5, 2014> |
| (2) | An applicant for extension of the term of validity of new excellent technology certification or environmental technology verification under Article 19-4 (2) of the Decree shall pay the associated fees (hereinafter referred to as "fees for the extension of the term of validity") to the Korea Environmental Industry and Technology Institute. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011; Ordinance of the Ministry of Environment No. 560, Jun. 5, 2014> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 6-5 (Environmental Technologies Subject to Performance Verification) |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 689, Jan. 26, 2017]
| Article 6-6 (Application for Performance Verification of Environmental Technologies) |
| (1) | Any person intending to have environmental technologies undergo performance verification under Article 7-5 (2) of the Act (hereinafter referred to as "performance verification") shall file with the president of the Korea Environmental Industry and Technology Institute an application for performance verification of environmental technologies in attached Form 5-4, accompanied by the following documents: |
| 1. | A copy of the document on the history, principles and feasibility of the environmental technologies; |
| 2. | A copy of the document describing the matters for performance verification and methods therefor; |
| 3. | A copy of drawings and written operating procedures for devices subject to performance verification; |
| 4. | A copy of the document evidencing that the applicant is the rightful holder of the relevant technology, including one regarding industrial property rights (including applications) or certification obtained home and abroad; |
| 5. | A copy of the document on their use home and abroad (if any). |
| (2) | A person intending to have environmental technologies undergo performance verification shall pay the following expenses to the Korea Environmental Industry and Technology Institute at the time of filing an application therefor under paragraph (1): |
| 1. | Expenses for reviewing an on-site assessment plan for performance verification (hereinafter referred to as "fees for reviewing an assessment plan"); |
| 2. | Expenses for on-site assessment for performance verification (hereinafter referred to as "on-site assessment fees"). |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 689, Jan. 26, 2017]
| Article 6-7 (Assessing Performance Verification of Environmental Technologies) |
| (1) | Upon receipt of an application for verification of performance of environmental technologies under Article 6-6 (1), the president of the Korea Environmental Industry and Technology Institute shall conduct assessment necessary to verify their performance under Article 7-5 (3) of the Act in the following order: |
| 1. | On-site investigation: Visit a place where devices subject to performance verification are located and check the details of the technologies for an application is filed and operation status to formulate an on-site assessment plan; |
| 2. | Review of an on-site assessment plan: Review matters such as the duration of the on-site assessment, assessment items and methods, and the like; |
| 3. | On-site assessment: Assess the performance of the relevant technologies and whether such technologies are properly applied and utilized in the site through testing and analysis of the devices subject to on-site assessment; |
| 4. | Overall assessment: Overall assessment of the validity of the on-site assessment results. |
| (2) | Where the performance is verified based on the assessment results under paragraph (1), the president of the Korea Environmental Industry and Technology Institute shall issue the applicant a written verification of the performance of environmental technologies in attached Form 5-5 and shall publicly announce such issuance on the website of the Korea Environmental Industry and Technology Institute. |
| (3) | A person issued a written verification of the performance of environmental technologies under paragraph (2) (hereinafter referred to as "written performance verification") may apply to the Korea Environmental Industry and Technology Institute for re-issuance thereof in any of the following cases: |
| 1. | Where the written performance verification is lost or damaged; |
| 2. | Where there is any change in the name of the holder of the relevant technologies subject to verification (in the case of a corporation, referring to the name of the corporation), his or her date of birth (in the case of a corporation, referring to the business registration number) or address. |
| (4) | Performance verification shall be valid for five years from the date of such verification, and its validity may be extended by every three years, based on the date the validity expires, before the date of expiry. |
| (5) | Where a person issued with a written performance verification intends to have its validity extended under paragraph (4), he or she shall file with the president of the Korea Environmental Industry and Technology Institute an application for extending the term of validity of a written performance verification in attached Form 5-6, accompanied by the following documents: |
| 1. | A copy of the written performance verification issued; |
| 2. | A copy of the document detailing the use of the environmental technologies at home and the results of their application in the relevant site after verification of their performance. |
| (6) | A person intending to have the term of validity of performance verification extended under paragraph (4) shall pay the associated expenses (hereinafter referred to as "fees for the extension of the term of validity") to the Korea Environmental Industry and Technology Institute at the time of filing an application therefor under paragraph (5). |
| (7) | A person issued with a written performance verification under paragraph (2) may attach a mark of performance verification of environmental technologies in attached Table 2 on a device, etc. using the relevant technology. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for performance verification shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 689, Jan. 26, 2017]
| Article 6-8 (Methods and Procedures for Designating Leading Environmental Companies) |
| (1) | A person intending to obtain designation as a leading environmental company under Article 7-5 (4) of the Act shall file with the president of the Korea Environmental Industry and Technology Institute an application for designation as a leading environmental company in attached Form 5-7 (including an application in an electronic form), accompanied by documents evidencing that the criteria for designation are met under Article 19-6 of the Decree. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| (2) | Upon receipt of an application for designation under paragraph (1), the president of the Korea Environmental Industry and Technology Institute shall examine whether the criteria for designation under Article 19-6 of the Decree are met; and shall issue the applicant a written designation as a leading environmental company in attached Form 5-8 where such criteria are met or shall notify the applicant of the details without delay where the criteria are not met. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 483, Oct. 28, 2011]
| Article 7 (Request for Submission of Data from Green Environment Support Centers) |
The Minister of Environment may request green environment support centers to submit the following data under Article 20 (2) of the Decree: <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> | 1. | Data regarding the details of information on environmental technologies collected, sources of such information, collection methods, target for distribution, and distribution methods; |
| 2. | Data regarding facilitation of and support for the development of environmental technologies, target for support, and methods for facilitation and support; |
| 4. | Data regarding the formulation of plans for international exchanges of environmental technologies and plans for support for and cooperation with business entities of the environmental industry. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 7-2 (Criteria for Designation of Green Environment Support Centers) |
| (1) | The criteria for designating green environment support centers under Article 10 (4) of the Act shall be as follows: <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| 2. | Having, or is likely to have, a strong financial basis in place to conduct the projects specified in Article 10 (2) of the Act. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 7-3 (Organization and Operation of Evaluation Board of Green Environment Support Centers) |
| (1) | The evaluation board of green environment support centers under Article 10-2 (3) of the Act (hereinafter referred to as the "evaluation board") shall be composed of at least five and up to 10 members. |
| (2) | Members of the evaluation board under paragraph (1) shall be appointed or commissioned by the Minister of Environment, from among persons with extensive learning of and experience in the improvement of environment and in technologies and industries related to green growth as defined in subparagraph 2 of Article 2 of the Framework Act on Low Carbon, Green Growth. |
| (3) | Other matters regarding the organization and operation of the evaluation board and other necessary matters shall be determined by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 483, Oct. 28, 2011]
| Article 7-4 (Establishment and Operation of Financial Support for Green Businesses) |
| (1) | The president of the Korea Environmental Industry and Technology Institute may provide the following information through the Financial Support for Green Businesses under Article 10-3 (1) of the Act: <Amended by Ordinance of the Ministry of Environment No. 745, Jan. 17, 2018; Ordinance of the Ministry of Environment No. 857, Apr. 2, 2020> |
| 2. | Information on the respective amount, and the like of energy and resources used and of greenhouse gas and pollutants emitted and discharged in the entire process of production, consumption, transportation, and discard of goods; |
| 4. | Information on the results of guidance and inspection conducted or other administrative disposition rendered under the statutes in the items of Article 22-7 (1) 1 of the Decree; |
| 5. | Information on the imposition of the following charges or penalty surcharges: |
| (b) | Penalty surcharges for exceeding the total load under Article 22 of the Special Act on the Improvement of Air Quality in Air Control Zones; |
| 6. | Information on the status of institutions or companies including corporation number, business registration number, sales volume, and the number of employees; |
| 7. | Other data that the Minister of Environment deems necessary for environmental impact assessment for institutions and companies. |
| (2) | Upon receipt of a request for submission of data under Article 10-3 (2) of the Act, the head of the relevant central administrative agency, local government, or any related institution or organization shall submit the data to the president of the Korea Environmental Industry and Technology Institute within 30 days from the receipt thereof: Provided, That the deadline for the submission of data may be extended for up to 10 days upon consultation with the president of the Korea Environmental Industry and Technology Institute where special circumstances exist. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for establishing and operating the Financial Support for Green Businesses and other related matters shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 689, Jan. 26, 2017]
| Article 8 (Application Procedures for Technical Support) |
| (1) | A person intending to receive technical support under Article 21 (2) of the Decree (hereafter in this Article referred to as "applicant") shall submit an application for technical support in attached Form 6, accompanied by the following documents, to the CEO of Korea Environment Corporation established under the Korea Environment Corporation Act (hereinafter referred to as "Korea Environment Corporation"): |
| 1. | Emission process diagram for environmental pollutants; |
| 2. | Diagram for processing environmental pollutants; |
| 3. | Deleted. <by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (2) | A technical support plan under Article 21 (3) of the Decree shall include the date of technical support, relevant human resources, preparations, and other matters necessary for technical support. |
| (3) | Where technical support is provided under Article 12 of the Act, the CEO of Korea Environment Corporation shall notify the applicant of the cause analysis, measures for improvement, and associated costs for the matters regarding which technical support is applied for, within 30 days. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 9 (Facilities Subject to Technology Inspection) |
| (1) | The following facilities shall be subject to technology inspection under Article 13 of the Act (hereinafter referred to as "technology inspection"): <Amended by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014; Ordinance of the Ministry of Environment No. 688, Jan. 19, 2017; Ordinance of the Ministry of Environment No. 745, Jan. 17, 2018> |
| 1. | Deleted; <by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> |
| (b) | Incineration facilities; |
| (c) | Other waste treatment facilities with regard to which the Minister of Environment recognizes that the technology inspection is necessary for environmental conservation and publicly notifies thereof. |
| (2) | A person intending to apply for technology inspection under paragraph (1) shall file with the CEO of Korea Environment Corporation an application for technical inspection in attached Form 7, accompanied by the following documents: |
| 1. | Diagram for processing environmental pollutants; |
| 2. | Deleted. <by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 10 (Notification of Technology Inspection Plan) |
| (1) | The CEO of Korea Environment Corporation shall notify a manager of a facility subject to technology inspection of the date of such inspection, human resources therefor and other necessary matters no later than seven days prior to the initiation of technology inspection. |
| (2) | The CEO of Korea Environment Corporation may conduct a preliminary investigation to learn the general status of the facility subject to technology inspection. In such cases, he or she may request the manager of the relevant facility to provide necessary data. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 11 (Details of Technology Inspection) |
| (1) | Technology inspection shall include the following matters: |
| 1. | Review of treatment efficiency of each process of the facility subject to technology inspection; |
| 2. | Suggestion of improvement measures for the facility subject to technology inspection. |
| (2) | The CEO of Korea Environment Corporation shall notify the manager of the facility subject to technology inspection of the findings thereof within 30 days from such inspection. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 12 (Expenses for Technology Inspection) |
Expenses for technology inspection shall consist of labor expenses, travel expenses, and expenses for analyzing samples; and shall be determined by the Minister of Environment based on the type and size of the facility in question as well as the period for inspection after hearing the opinion of the CEO of Korea Environment Corporation.
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 668, Jul. 27, 2009]
| Article 13 (Determination of Fees for Using Environmental Industry Promotion Complexes) |
| (1) | Use fees under Article 13-2 (4) of the Act shall be determined by the head of the central administrative agency or head of the local government responsible for the creation and operation of the relevant environmental industry promotion complex in consideration of the associated maintenance and management costs: Provided, That where the operation of an environmental industry promotion complex is entrusted under Article 13-2 (5) of the Act, the agency entrusted therewith may determine such fees. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| (2) | An entrusted agency intending to determine use fees under the proviso of paragraph (1) shall submit a document containing the following information to the head of the central administrative agency or head of the local government which has entrusted the operation of an environmental industry promotion complex for approval: <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| 2. | Rates and standards for calculation; |
| 3. | Methods and procedures for collection; |
| 4. | Other matters necessary for the collection of use fees. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to the determination of use fees under Article 13-3 (5) of the Act. In such cases, "Article 13-2 (4) of the Act" shall be construed as "Article 13-3 (5) of the Act", "the head of the central administrative agency or head of the local government responsible for the creation and operation of the relevant environmental industry promotion complex" as "the Minister of Environment", "environmental industry promotion complex under Article 13-2 (5) of the Act" as "environmental industry research complex under Article 13-3 (3) of the Act", "the head of the central administrative agency or head of the local government which has entrusted the operation of an environmental industry promotion complex" as "the Minister of Environment". <Newly Inserted by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 663, Jul. 20, 2016]
| Article 14 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 15 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 16 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 17 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 18 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 19 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 20 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 21 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 21-2 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 22 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 23 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 24 Deleted. <by Ordinance of the Ministry of Environment No. 672, Aug. 3, 2012> |
| Article 25 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 26 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 27 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 28 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 29 Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| Article 30 (Applications for Registration of Specialized Environmental Construction Business) |
| (1) | Detailed standards for registering a specialized environmental construction business under Article 22-4 (2) of the Decree shall be as specified in attached Table 4. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (2) | A person intending to register a specialized environmental construction business under Article 15 (1) of the Act shall meet the requirements for registration as specified in paragraph (1) and submit an application for registration in attached Form 20 (including an application in an electronic form) to the Mayor/Do Governor, accompanied by documents evidencing his or her technical abilities (including electronic documents). <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (3) | In receipt of an application filed under paragraph (2), the public official in charge of the relevant affairs shall verify the corporation registration certificate in cases the applicant is a corporation or the business registration certificate in cases the applicant is an individual, through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant does not consent to such verification, he or she shall be required to attach a copy of his or her business registration certificate to the application. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (4) | The Mayor/Do Governor shall issue a registration certificate of a specialized environmental construction business in attached Form 21 to a person meeting the registration requirements specified in paragraph (1). <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (5) | A person intending to file a report under Article 15 (2) of the Act shall submit a report on a specialized environmental construction business specified in attached Form 22 (including a report in an electronic form) to the Mayor/Do Governor, accompanied by the following documents (including electronic documents): <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| 1. | A copy of the registration certificate of a professional engineer office; |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 31 (Application for Change of Registered Matters by Specialized Environmental Construction Business) |
When changing matters falling under any of the subparagraphs of Article 22-5 of the Decree, a specialized environmental constructor shall submit to the Mayor/Do Governor an application for registration for change of the registered matters of a specialized environmental construction business in attached Form 20 within 30 days of such change, accompanied by documents evidencing such change and the registration certificate of the specialized environmental construction business. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 32 (Public Announcement of Registration of Specialized Environmental Construction Business) |
Upon receiving a registration of a specialized environment construction business under Article 15 of the Act or registration for change of the registered matters or revoking such registration under that Article, the Mayor/Do Governor shall publicly announce such fact. The same shall also apply to revocation of registration upon application by a specialized environmental constructor. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33 (Construction Supervisor) |
| (1) | Only specialized environmental constructors who have not been subjected to a disposition for suspension of business under Article 15 (5) of the Act may be designated as a construction supervisor by the Mayor/Do Governor under Article 16 (1) of the Act. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (2) | When designating a construction supervisor under paragraph (1), the Mayor/Do Governor shall pre-consult with the person who has installed the relevant environmental facility. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-2 (Designation of Green Companies) |
| (1) | A person intending to be designated as a green company under Article 16-2 of the Act shall submit an application for designation of a green company in attached Form 22-2 to the head of the competent river basin environmental office or the head of the competent regional environmental office, accompanied by a green management report. In such cases, matters to be entered in the green management report shall be determined and publicly notified by the Minister of Environment. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010; Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (2) | Upon receiving the application for designation as a green company under paragraph (1), the head of the competent river basin environmental office or the head of the competent regional environmental office shall verify whether the relevant place of business meets the criteria for designation under Article 33-4, and grant the designation of a green company when he or she deems it fit. In such cases, the head of the competent river basin environmental office or the head of the competent regional environmental office shall hear the opinion of the head of the local government having jurisdiction of the relevant place of business. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (3) | Deleted. <by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (4) | Upon designating a place of business as a green company under paragraph (2), the head of the competent river basin environmental office or the head of the competent regional environmental office shall issue a certification of designation as a green company in attached Forms 22-3 and 22-4 and a signboard informing such designation in attached Forms 22-5 and 22-6 to the applicant. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for designating green companies and other related matters shall be determined and publicly notified by the Minister of Environment. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-3 (Change in Details of Designation of Green Company) |
"Matters prescribed by Ordinance of the Ministry of Environment" in Article 16-2 (3) of the Act means the name of the place of business or representative (including the changed representative where any change is made as a result of a division or sale of a corporation). [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-4 (Criteria for Designation as Green Company) |
| (1) | A place of business shall meet all of the following requirements to be eligible for the designation as a green company under Article 16-2 (1) of the Act: <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010> |
| 1. | Standards for the following: |
| (a) | General status of environmental management such as the establishment of the environmental management system; |
| (b) | Systems to assess the environmental impact of business processes; |
| (c) | The status of pollutant management by area, such as air or water quality; |
| (d) | Environmental improvement plans for the place of business; |
| 2. | The place of business shall not have been subjected to any disposition or sentence under subparagraph 1 of Article 22-7 of the Decree in the two years preceding the date of an application for designation as a green company: Provided, That the same shall not apply in cases falling under the proviso of subparagraph 1 of Article 22-7 of the Decree; |
| 3. | Deleted. <by Ordinance of the Ministry of Environment No. 663, Jul. 20, 2016> |
| (2) | The details of the standards under paragraph (1) 1, assessment of conformity with the standards, and other matters necessary for designating a green company shall be determined and publicly notified by the Minister of Environment. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-5 (Re-Designation of Green Companies) |
| (1) | Articles 33-2 and 33-4 shall apply mutatis mutandis to standards and procedures for re-designating a green company under Article 16-2 (4) of the Act. In such cases, "designation" shall be construed as "re-designation". <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010> |
| (2) | A person intending to be re-designated as a green company shall apply for re-designation at least six months before his or her designation or re-designation period expires. <Amended by Ordinance of the Ministry of Environment No. 387, Dec. 6, 2010; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (3) | In receipt of an application for re-designation under paragraph (2), the head of the competent river basin environmental office or the head of the competent regional environmental office shall determine whether to grant re-designation and notify the applicant of the decision no later than the designation or re-designation period expires. <Amended by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (4) | The head of the competent river basin environmental office or the head of the competent regional environmental office shall inform the person designated or re-designated as a green company of the re-designation procedures and of the fact that one may not be re-designated as a green company without applying for re-designation within the period specified in paragraph (2), at least seven months before the green-company designation or re-designation period expires. In such cases, notification may be made by such means as mobile phone text message, e-mail, facsimile, phone, and document. <Newly Inserted by Ordinance of the Ministry of Environment No. 460, Jun. 15, 2012; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-6 (Management of Green Companies) |
| (1) | Where any of the following facts is verified with respect to a green enterprise, the head of the competent river basin environmental office or the head of the competent regional environmental office may examine whether the green company has been complying with the criteria for designation under Article 33-4, by such means as review of relevant materials and site inspections: |
| 1. | Where the green company is in violation of any relevant statute or regulation; |
| 2. | Where any environmental dispute or accident occurs; |
| 3. | Where at least five persons have filed a civil petition over the same environmental issue; |
| 4. | Where a change is likely to occur in surrounding environments due to a new establishment, enlargement, or closure of a building or structure of the place of business; |
| 5. | Where a green management report submitted under Article 33-2 (1) misrepresents facts; |
| 6. | Where site inspections and other measures are deemed necessary by the head of the competent river basin environmental office or the head of the competent regional environmental office. |
| (2) | The head of the competent river basin environmental office or the head of the competent regional environmental office shall report to the Minister of Environment when there exists a reason to revoke the designation of a green company as specified in the subparagraphs of Article 16-3 of the Act according to the review of materials, site inspections, and other measures conducted under paragraph (1). |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011]
| Article 33-7 (Exemption from Reports or Inspections) |
| (1) | "Exemption from reports or inspections ... as prescribed by Ordinance of the Ministry of Environment" in Article 16-2 (5) 2 of the Act means exemptions from reports to identify whether the sources of pollution are in proper operation or what the actual processing conditions of pollutants are; exemptions from collection of pollutants; exemptions from inspections on relevant documents, facilities, and equipment. |
| (2) | Notwithstanding paragraph (1), collecting pollutants or inspecting relevant documents, facilities, or equipment may be conducted in any of the following cases: <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| 1. | Where inspections are deemed necessary due to the occurrence of a significant environmental pollution accident or the filing of a serious civil petition over an environmental issue; |
| 2. | Where investigations are necessary in connection with assessing emission charges under statues and regulations relating to the environment; |
| 3. | Where site inspections or other measures are to be conducted under Article 33-6. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-8 (Green Company Support Projects) |
| 1. | Projects for developing green technologies as well as other technologies relating to green products and services designed to minimize the generation or emission of pollutants; |
| 2. | Projects for establishing green management systems of green companies; |
| 3. | Projects for the environmental conservation and improvement of green companies; |
| 4. | Education, training, and publicity projects for the sustainable environmental improvement of green companies. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011]
| Article 33-9 (Revocation of Designation of Green Companies) |
"Other cases corresponding to subparagraphs 1 and 3 as prescribed by Ordinance of the Ministry of Environment" in subparagraph 4 of Article 22-7 of the Decree means the following: | 1. | Where it is impractical to do business as stated in the green management report on such grounds as bankruptcy; |
| 2. | Where the green company has closed its business, or where it fails to reopen its business within six months after the temporary suspension of business operation. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-10 (Application for Registration as Environment Consulting Company) |
| (1) | A person intending to register an environmental consulting company under Article 16-4 (1) of the Act shall submit an application for registration of an environmental consulting company (including an application in an electronic form) in attached Form 22-7 to the competent the Mayor/Do Governor, accompanied by the following documents (including electronic documents): <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> |
| 1. | The articles of incorporation; |
| 2. | Documents demonstrating the current status of experts on the payroll and those evidencing their qualifications. |
| (2) | Upon receipt of an application under paragraph (1), the public official in charge of relevant affairs shall verify the applicant's corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (3) | The Mayor/Do Governor shall issue a registration certificate of an environmental consulting company in attached Form 22-8 to a person registered as an environmental consulting company. <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-11 (Application for Changes in Registered Matters by Environmental Consulting Companies) |
Where intending to change any registered matters under the latter part, with the exception of the subparagraphs, of Article 16-4 (1) of the Act, a person registered as an environmental consulting company shall submit an application for registration for change of the registered matters of an environmental consulting company in attached Form 22-7 (including an application in an electronic form) to the Mayor/Do Governor with whom he or she has registered the environmental consulting company under Article 33-9, accompanied by the following documents: <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> | 1. | Documents evidencing the details of change; |
| 2. | The registration certificate of an environmental consulting company. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-12 (Public Announcement on Registration of Environmental Consulting Companies) |
Upon registering an environmental consulting company under Article 16-4 (1) of the Act or revoking the registration thereof under Article 16-6 of the Act, the Mayor/Do Governor shall publicly announce such fact. The foregoing shall apply when the registration is revoked upon application by an environmental consulting company. <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 33-13 (Methods of Disclosing Environmental Information) |
An institution or company intending to prepare and disclose environmental information under Article 16-8 (1) of the Act (hereinafter referred to as "institution, etc.") shall annually enter the information specified in the subparagraphs of the same paragraph into the environmental information disclosure and verification system under Article 33-15 (2) (hereinafter referred to as the "environmental information disclosure and verification system") no later than June 30 of the following year. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017]
| Article 33-14 (Methods of Verifying Environmental Information) |
| 1. | Whether there is an omission of the environmental information stipulated in the subparagraphs of Article 16-8 (1) of the Act, and reasons for the omission, if any; |
| 2. | Whether there is any mismatch between environmental information entered; |
| 3. | Consistency and accuracy of information among similar types of business, institutions, etc. of the same size, and the like. |
| (2) | The president of the Korea Environmental Industry and Technology Institute may review the information disclosed in the environmental information disclosure and verification system and, if necessary, conduct site inspections in order to verify environmental information under paragraph (1). <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| (3) | The president of the Korea Environmental Industry and Technology Institute may commission or nominate environmental information verification commissioners if deemed necessary for conducting review and site inspections under paragraph (2), from among persons falling under any of the following subparagraphs: <Newly Inserted by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| 1. | Those who have abundant learning and experience in certification, verification, management, and other affairs in the field of environment, meeting the requirements determined and publicly notified by the Minister of Environment; |
| 2. | Those recommended by the Ministry of Environment, from among public officials of Grade V or higher who belong to the Ministry of Environment. |
| (4) | Upon receipt of a request for correction on the grounds that the environmental information disclosed under Article 16-9 (2) of the Act misrepresents facts, the institution, etc. shall immediately correct the relevant content through the environmental information disclosure and verification system in the absence of special circumstances. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011]
| Article 33-15 (Establishment and Operation of Environmental Information Verification Center) |
| (1) | The president of the Korea Environmental Industry and Technology Institute may establish an environmental information verification center (hereinafter referred to as the "verification center") to assist with the disclosure of environmental information under Article 33-13 and the verification thereof under Article 33-14. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| (2) | The verification center shall establish and operate the environmental information disclosure and verification system to support, among other things, the preparation, disclosure, and verification of environmental information. <Amended by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011]
| Article 33-16 (Pre-Examination of Labeling and Advertising) |
| (1) | A person intending to request pre-examination of labeling and advertising under Article 16-14 (1) of the Act shall submit the application for pre-examination of labeling and advertising expressing the environmental impact of a product in attached Form 22-9, accompanied by the following documents: |
| 1. | The details of labeling and advertising relating to the environmental impact of the relevant product; |
| 2. | Documents evidencing the details of labeling and advertising relating to the environmental impact of the relevant product. |
| (2) | In receipt of a request for pre-examination under paragraph (1), the Ministry of Environment shall notify the applicant of the result of pre-examination within 60 days of receiving the request: Provided, That if unavoidable circumstances prevent him or her from notifying the result within the specified period, he or she shall communicate the reasons for delay and the expected processing period to the applicant. |
| (3) | The review costs under Article 16-14 (3) of the Act shall be calculated based on the actual costs incurred, reflecting the pre-examination period required for review, labor costs, the quantity of labeling and advertising for which pre-examination is requested, and the like; and the specifics of imposing the costs shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 663, Jul. 20, 2016]
| Article 34 (Application for Certification of Eco-Label) |
| (1) | The application for the certification of eco-label referred to in Article 23 (1) of the Decree shall be made in attached Form 23. |
| (2) | The certificate of eco-label referred to in Article 23 (2) of the Decree shall be issued in attached Form 24. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 35 (Procedures for Selection of Products Subject to Eco-Label) |
| (1) | A person intending to present a proposal for selection of a product subject to certification of eco-label under Article 24 of the Decree (hereinafter referred to as "product subject to eco-label") shall submit a written proposal for the selection of a product subject to certification of eco-label in attached Form 25 to the Korea Environmental Industry and Technology Institute, accompanied by a description on the product subject to eco-label for its selection. |
| (2) | Upon selecting a product proposed under paragraph (1) as one subject to eco-label, the Korea Environmental Industry and Technology Institute shall prepare standards for certification, report the standards to the Minister of Environment, and notify them to the person who made the proposal. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 36 Deleted. <by Ordinance of the Ministry of Environment No. 213, Jun. 30, 2006> |
| Article 37 (Procedures for Designating Certification Organizations) |
| (1) | A person intending to apply for the designation as a certification organization under Article 18 (4) of the Act shall submit an application for designation as a certification organization for environmental product declaration in attached Form 26 (including an application in an electronic form) to the Minister of Environment, accompanied by the following documents (including electronic documents): |
| 1. | The articles of incorporation (applicable only to a corporation); |
| 2. | Documents supporting the existence of verifiers on the payroll; |
| 3. | A plan for operating the examination of certification. |
| (2) | Upon receipt of the application submitted under paragraph (1), the public official in charge of the relevant affairs shall verify the corporation registration certificate where the applicant is a corporation or the business registration certificate where the applicant is an individual, through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant does not consent to the verification, the applicant shall submit a copy of the business registration certificate. <Amended by Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| (3) | A written designation of a certification organization for environmental product declaration issued by the Minister of Environment under Article 18 (5) of the Act shall be in attached Form 27. |
| (4) | When intending to report a change under Article 18 (6) of the Act, the certification organization shall submit a report on changes in details of the designation of the certification organization for environmental product declaration in attached Form 28 (including a report in an electronic form) to the Minister of Environment, accompanied by documents supporting the change (including electronic documents) and the written designation as a certification organization for environmental product declaration. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 37-2 (Information on Environmental Impact of Products) |
"Environmental impact information of products which are prescribed by Ordinance of the Ministry of Environment" in Article 18 (1) of the Act means the following information: <Amended by Ordinance of the Ministry of Environment No. 576, Sep. 30, 2014> | 1. | Effects on the ecosystem; |
| 2. | Effects on the soil environment; |
| 3. | Effects on water quality and water resources; |
| 4. | Effects on air quality; |
| 5. | Effects on climate change; |
| 6. | Effects on the generation of waste and resource circulation; |
| 7. | Effects on the health of human bodies; |
| 8. | Other information on environmental pollution, as determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014]
| Article 38 (Public Announcement on Designation of Certification Organizations) |
Upon designating a certification organization or changing details of the designation of a certification organization under Article 18 of the Act or revoking the designation of a certification organization under Article 19 of the Act, the Minister of Environment shall publicly announce such fact. The same shall apply when revoking the designation upon application by the certification organization. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 39 (Proposal for Selection of Products Subject to Environmental Product Declaration) |
| (1) | A person intending to propose the selection of materials and products subject to environmental product declaration under Article 26 (1) of the Decree (hereinafter referred to as "product subject to environmental product declaration") shall submit the proposal therefor in attached Form 29 to the Korea Environmental Industry & Technology Institute, accompanied by a description on the proposed product and reasons for proposal. |
| (2) | Upon selecting a proposed product as being subject to environmental product declaration under paragraph (1), the Korea Environmental Industry and Technology Institute shall formulate a guideline for preparing the environmental product declaration and report it to the Minister of Environment, and notify it to the person who submitted the proposal. |
[This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 40 (Application for Certification of Environmental Product Declaration) |
| (1) | A person intending to obtain certification of an environmental product declaration under Article 20 (2) of the Act shall submit an application for certification of environmental product declaration in attached Form 30 to the certification organization, accompanied by the following documents: <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009> |
| 1. | The results of the environmental product declaration prepared in accordance with the guideline for preparing the environmental product declaration under Article 26 (2) of the Decree; |
| 2. | The results of the life cycle assessment on the product; |
| 3. | Document supporting facts referred to in subparagraphs 1 and 2. |
| (2) | Deleted. <by Ordinance of the Ministry of Environment No. 177, Jul. 1, 2005> |
| (3) | Upon examining the details of application submitted under paragraph (1) and granting a certification thereafter, the head of the certification organization shall issue a certificate of environmental product declaration in attached From 31 to the applicant, and report to the Minister of Environment the results of certification including the following: <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009> |
| 1. | The certified product and the manufacturer thereof; |
| 2. | The details of certification; |
| 3. | The details of the certification examination; |
| 4. | Date of certification. |
| Article 41 (Training of Verifiers) |
A person intending to be a verifier under Article 21 (1) of the Act shall receive education therefor for a period of up to one week. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 42 (Certificate of Verifier for Environmental Product Declaration) |
Each certificate of a verifier for environmental product declaration under Article 27 (2) of the Decree shall be as set out in attached Form 32. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 43 (Indication of Eco-Label) |
The methods of indicating an eco-label or environmental product declaration under Article 22 of the Act (hereinafter referred to as "eco-label, etc.") shall be as specified in attached Table 5. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 44 (Revocation of Certification of Eco-Label) |
"Period prescribed by Presidential Decree" in Article 23 (1) 3 of the Act and paragraph (2) 3 of that Article means one year, respectively. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 45 Deleted. <by Ordinance of the Ministry of Environment No. 177, Jul. 1, 2005> |
| Article 46 Deleted. <by Ordinance of the Ministry of Environment No. 661, Jul. 1, 2016> |
| Article 47 Deleted. <by Ordinance of the Ministry of Environment No. 661, Jul. 1, 2016> |
| Article 48 Deleted. <by Ordinance of the Ministry of Environment No. 661, Jul. 1, 2016> |
| Article 49 Deleted. <by Ordinance of the Ministry of Environment No. 661, Jul. 1, 2016> |
| Article 50 (Follow-Up Management) |
| (1) | Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| (2) | "Cases prescribed by Ordinance of the Ministry of Environment" in the provision, with the exception of the subparagraphs, of Article 28 (2) of the Act means any of the following cases: <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009; Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| 1. | Where such follow-up management is necessary for verifying the operational plans of a green environment support center designated under Article 10 of the Act, detailed expenditure statement on the subsidies provided to the center, and the like; |
| 2. | Deleted; <by Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| 3. | Where such follow-up management is necessary for verifying the details of certification of the materials or product certified with eco-label, etc.; |
| 4. | Where such follow-up management is necessary for verifying the appropriateness of labeling with or advertising of eco-label, etc. under Article 22 (1) of the Act. |
| (3) | "Cases prescribed by Ordinance of the Ministry of Environment" in Article 28 (3) of the Act means cases where it is necessary to confirm the technical abilities, facilities, and the like of the specialized environmental constructor: <Newly Inserted by Ordinance of the Ministry of Environment No. 540, Jul. 17, 2014> |
| Article 51 Deleted. <by Ordinance of the Ministry of Environment No. 238, Jun. 29, 2007> |
| Article 52 (Reporting Results of Training by Verifier Training Organization) |
Upon completion of training under Article 21 (1) of the Act, the head of a verifier training organization shall report the training results and the list of trainees to the Minister of Environment within seven days of the training end-date. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| (1) | Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| (2) | Deleted. <by Ordinance of the Ministry of Environment No. 251, Oct. 24, 2007> |
| (3) | Fees for the registration of a specialized environmental business under Article 15 (6) of the Act shall be as categorized as follows: In such cases, the fees shall be paid by means of revenue stamps. <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009; Ordinance of the Ministry of Environment No. 428, Oct. 28, 2011> |
| 1. | Registration of a specialized environmental construction business under the former part of Article 15 (1) of the Act: 10,000 won; |
| 2. | Registration for change of the registered matters of a specialized environmental construction business under the latter part of Article 15 (1) of the Act: 5,000 won; |
| (4) | Assessment and registration fees and assessment fees under Article 6 (5) and fees for the extension of the term of validity under Article 6-4 (2) shall be as specified in attached Table 7. <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009; Ordinance of the Ministry of Environment No. 540, Jan. 17, 2014> |
| (5) | Fees for reviewing an assessment plan, on-site assessment fees, and fees for the extension of the term of validity of performance verification shall be in an amount as classified as follows: <Newly Inserted by Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| 1. | Fees for reviewing an assessment plan: Two million won; |
| 3. | Fees for the extension of the term of validity of performance verification: Two million won. |
| (6) | Notwithstanding paragraph (4), the Minister of Environment may allow payment of fees by means of electronic currency, electronic settlement, or the like via the information and communications network. <Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009; Ordinance of the Ministry of Environment No. 690, Jan. 26, 2017> |
| Article 54 (Criteria for Administrative Dispositions) |
The criteria for administrative dispositions under Article 29 of the Act shall be as listed in attached Table 8. [This Article Wholly Amended by Ordinance of the Ministry of Environment No. 343, Jul. 27, 2009]
| Article 55 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the third anniversary before the base date) and shall then take measures, such as making improvements:
| 1. | Deleted; <by Ordinance of the Ministry of Environment No. 684, Dec. 30, 2016> |
| 2. | Deleted; <by Ordinance of the Ministry of Environment No. 684, Dec. 30, 2016> |
| 3. | Documents to be submitted when applying for the designation as a certification organization for environmental product declaration under Article 37 (1), (2), or (4) or reporting any changes thereto: January 1, 2014; |
| 4. | Organizations that provide education for environmental technical personnel under Article 46 and their education programs: January 1, 2014; |
[This Article Newly Inserted by Ordinance of the Ministry of Environment No. 553, Apr. 30, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 through 42, 51 and 52 and subparagraph 2 of attached Table 5 shall enter into force on February 4, 2001. Article 2 (Transitional Measures concerning Criteria for Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply with regard to administrative dispositions of violations committed before this Rule enters into force.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes and Regulations)
Where the Enforcement Rule of the Development of and Support for Environmental Technology Act is cited by any other statute or regulation as at the time this Rule enters into force, if a provision corresponding thereto is included in this Rule, the corresponding provision of this Rule shall be deemed cited in lieu of the previous provision.
ADDENDA <Ordinance No. 108, Jun. 27, 2001>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 128, Aug. 17, 2002>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Ordinance No. 152, Jan. 16, 2004>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (1) 6 shall enter into force on July 1, 2004, and the amended provisions of Article 19 shall enter into force on January 1, 2005. Article 2 (Transitional Measures concerning Environmental Measuring Instruments in Use)
| (1) | Environmental measuring instruments falling under the amended provisions of Article 13 (1) 6, which are in use as of July 1, 2004, shall be deemed to have obtained type approval under this Rule. |
| (2) | In conducting an accuracy inspection on an environmental measuring instrument deemed to have obtained type approval under paragraph (1), the instrument shall be deemed to have been acquired on July 1, 2004. |
Article 3 (Transitional Measures concerning Criteria for Designation of Inspection Agents)
Any person designated as an agent for inspection of the air quality (limited to automated stack emission measuring instruments) under the previous provisions at the time this Rule enters into force shall be equipped with appropriate facilities and equipment under the amended provisions of subparagraph 2 (b) (ii) of attached Table 1-2 within one year after this Rule enters into force.
Article 4 Omitted.
ADDENDA <Ordinance No. 161, Jul. 29, 2004>
| (1) | (Enforcement Date) This Rule shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Use of Eco-Labels) Notwithstanding the amended provisions of attached Table 5, a person who has obtained the eco-label certification before this Rule enters into force may use the previous designs for a year after this Rule enters into force. |
ADDENDA <Ordinance No. 177, Jul. 1, 2005>
Article 1 (Enforcement Date)
This Rule shall enter into force on July 1, 2005: Provided, That the amended provisions of Article 13 (1) 3 shall enter into force on July 1, 2006, and the amended provisions of subparagraph 7 of the same paragraph shall enter into force on January 1, 2006, respectively. Article 2 (Applicability to Quality Management)
The President of the National Institute of Environmental Research shall conduct the first quality management of a measurement and analysis institution under the amended provisions of Article 24 by June 30, 2008. Article 3 (Transitional Measures concerning Environmental Measuring Instruments in Use)
| (1) | The equipment in use among environmental measuring equipment under the amended provisions of Article 13 (1) 7 as of January 1, 2006 and environmental measuring equipment in use under the amended provisions of subparagraph 3 of the same paragraph as of July 1, 2006, shall be deemed to have obtained type approval under this Rule. |
| (2) | In conducting an accuracy inspection on environmental measuring equipment deemed to have obtained type approval under paragraph (1), January 1, 2006 and July 1, 2006 shall be deemed to be the date of acquisition of the relevant equipment, respectively. |
Article 4 (Transitional Measures concerning Criteria for Designation of Inspection Agents)
| (1) | A person designated as an inspection agent under the previous provisions at the time this Rule enters into force shall be equipped with appropriate technical personnel, facilities, and equipment under the amended provisions of attached Table 1-2 within six months after this Rule enters into force. |
| (2) | A person designated as an inspection agent in the field of motor vehicles under the previous provisions of subparagraph 2 (a) of attached Table 1-2 as at the time this Rule enters into force shall be deemed designated as an inspection agent for equipment measuring exhaust gases from motor vehicles in operation or in production under the amended provisions of subparagraph 2 (a) of attached Table 1-2: Provided, That the designation requirements under the amended provisions of subparagraph 2 (a) of attached Table 1-2 shall be met within six months after this Rule enters into force. |
Article 5 (Transitional Measures concerning Persons Qualified to Measure Indoor Air Quality)
Article 6 (Transitional Measures concerning Administrative Dispositions)
With respect to an administrative disposition of a violation committed before this Rule enters into force, the previous provisions shall apply to cases where the disposition regulations have become stricter than before, and the amended provisions shall apply to cases where the disposition regulations have become more lenient or where they are repealed.
Article 7 Omitted.
ADDENDA <Ordinance No. 179, Jul. 22, 2005>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Ordinance No. 213, Jun. 30, 2006>
| (1) | (Enforcement Date) This Rule shall enter into force on July 1, 2006. |
| (2) | (Transitional Measures concerning Environmental Measuring Instruments) Environmental measuring instruments falling under the amended provisions of Article 13 (1) 3 (g) and (h), which are in use at the time this Rule enters into force, shall be deemed to have obtained type approval under this Rule; and, where an accuracy inspection is performed on an environmental measuring instrument deemed to have obtained type approval, the instrument shall be deemed to have been acquired on the date this Rule enters into force. |
| (3) | (Transitional Measures concerning Designation of Inspection Agencies) Persons designated as inspection agencies under the previous provisions at the time this Rule enters into force shall be equipped with appropriate facilities and equipment under the amended provisions of subparagraph 2 (c) (vii) and (viii) of attached Table 1-2 within six months after this Rule enters into force. |
ADDENDA <Ordinance No. 238, Jun. 29, 2007>
This Rule shall enter into force on July 4, 2007.
ADDENDA <Ordinance No. 249, Oct. 1, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Ordinance No. 250, Oct. 1, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Ordinance No. 251, Oct. 24, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Ordinance No. 252, Oct. 25, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Ordinance No. 263, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Ordinance No. 278, Feb. 26, 2008>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 343, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8 through 12, Article 46 (1) 3, and attached Tables 6 and 7 shall enter into force on January 1, 2010. Article 2 (Applicability to Quality Management)
The frequency of quality management for each measurement and analysis agency under the amended provisions of Article 24 shall be determined based on the first accuracy management conducted after this Decree enters into force. Article 3 (Transitional Measures concerning Education of Environmental Technical Personnel)
| (1) | A person required to receive education under the previous provisions as at the time this Rule enters into force (limited to persons required to take education for technical personnel courses for prevention facilities) shall take the relevant education within one year after this Rule enters into force, notwithstanding the amended provisions of Article 46. |
| (2) | Notwithstanding the amended provisions of Article 46, a person who is hired by a prevention facility business entity for the first time during the period from the enforcement date of this Rule to June 30, 2011 shall receive education within two years from the date he or she is hired for the first time. |
Article 4 (Transitional Measures concerning Application for Re-Designation as Green Enterprise)
The amended provisions of the proviso to Article 33-5 (2) shall apply to a person who fails to apply for re-designation within the period for filing an application for re-designation under the previous provisions as at the time this Decree enters into force due to an unavoidable reason. Article 5 (Transitional Measures concerning Criteria for Administrative Dispositions)
Violations committed before this Rule enters into force shall be governed by the previous criteria for administrative dispositions.
ADDENDUM <Ordinance No. 387, Dec. 6, 2010>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 428, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Rule shall enter into force on October 29, 2011.
Article 2 (Special Cases concerning Deadline for Registration in Environmental Information Verification System)
Notwithstanding the amended provisions of Article 33-13, environmental information of the year 2011 may be prepared and disclosed in the environmental information verification system by September 30, 2012. Article 3 Omitted.
Article 4 (Relationship to Other Statutes and Regulations)
ADDENDUM <Ordinance No. 460, Jun. 15, 2012>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 463, Jul. 4, 2012>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 474, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Ordinance No. 505, Mar. 28, 2013>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 540, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 17, 2014.
Article 2 (Transitional Measures concerning Application for Re-Designation as Green Companies)
Notwithstanding the amended provisions of Article 33-5, the previous provisions shall apply to persons whose designation or re-designation period would expire in less than a year as of January 17, 2014 after being designated or re-designated as a green company before this Rule enters into force. Article 3 (Transitional Measures concerning Indication of Eco-Label)
Notwithstanding the amended provisions of attached Table 5, products certified with eco-labeling or materials or products certified with environmental product declaration before this Rule enters into force may use the labeling or declaration under the previous provisions until the date the validity period of such certification expires.
ADDENDUM <Ordinance No. 553, Apr. 30, 2014>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 560, Jun. 5, 2014>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 576, Sep. 30, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Processing Period for Registration of Environmental Consulting Company or Registration for Change of Registered Matters thereof)
Notwithstanding the amended provisions of attached Form 22-7, the previous provisions shall apply to the processing period for registration of an environmental consulting company or registration for change of the registered matters.
ADDENDA <Ordinance No. 661, Jul. 1, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4 shall enter into force on January 28, 2017. Article 2 Omitted.
ADDENDUM <Ordinance No. 663, Jul. 20, 2016>
This Rule shall enter into force on July 20, 2016: Provided, That the amended provisions of Article 33-4 (1) 3 shall enter into force on July 28, 2016.
ADDENDA <Ordinance No. 684, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2017.
Articles 2 and 3 Omitted.
ADDENDA <Ordinance No. 688, Jan. 19, 2017>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Ordinance No. 690, Jan. 26, 2017>
This Rule shall enter into force on January 28, 2017.
ADDENDA <Ordinance No. 745, Jan. 17, 2018>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 18, 2018.
Articles 2 through 4 Omitted.
ADDENDUM <Ordinance No. 832, Dec. 20, 2019>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 833, Dec. 20, 2019>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 857, Apr. 2, 2020>
Article 1 (Enforcement Date)
This Rule shall enter into force on April 3, 2020
Articles 2 and 3 Omitted.