Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research
- Date2023-07-07 10:49
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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON
CARBON NEUTRALITY AND GREEN GROWTH FOR COPING WITH CLIMATE CRISIS
Presidential Decree No. 32557, Mar. 25, 2022
Lastly Amended by Presidential Decree No. 32913, Sep. 20, 2022
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this
Decree is to prescribe matters mandated by the Framework Act on Carbon
Neutrality and Green Growth for Coping with Climate Crisis and matters
necessary for the enforcement thereof.
CHAPTER II NATIONAL VISION AND
GREENHOUSE GAS REDUCTION TARGETS
Article 2 (Formulation and Modification of National Strategy for
Carbon Neutrality)
(1) The Minister
of Environment shall assist with the affairs related to the formulation and
modification of a national strategy for carbon neutrality and green growth
(hereinafter referred to as "national strategy for carbon
neutrality") under Article 7 (2) and (5) of the Framework Act on Carbon
Neutrality and Green Growth for Coping with Climate Crisis (hereinafter
referred to as the "Act").
(2) If necessary
to support the duties related to the formulation and modification of the
national strategy for carbon neutrality under paragraph (1), the Minister of
Environment may request the heads of the relevant central administrative
agencies, the heads of local governments, and the heads of public institutions
referred to in Article 4 of the Act on the Management of Public Institutions
(hereinafter referred to as "public institution") to submit relevant
data.
(3) "Where
minor matters prescribed by Presidential Decree are modified" in the
proviso of Article 7 (4) of the Act means a partial modification of the details
of sectoral strategies or key tasks referred to in paragraph (2) 2 of that
Article within the scope of the policy objectives, or the modification of an
organizing institution or related institution.
Article 3 (National Mid- and Long-Term Greenhouse Gases Reduction
Targets)
(1) "Ratio
prescribed by Presidential Decree" in Article 8 (1) of the Act means 40 percent.
(2) The Minister
of Environment shall exercise general supervision over and coordinate the
affairs regarding the setting and modification of the national mid- to
long-term greenhouse gas reduction targets, sectoral greenhouse gas reduction
targets, and annual greenhouse gas reduction targets under Article 8 (1)
through (3) of the Act (hereinafter referred to as "mid- to long-term
greenhouse gas reduction targets, etc.").
(3) Where the
Government sets, modifies, or resets the mid- to long-term greenhouse gas
reduction targets, etc. pursuant to Article 8 (1) through (4) of the Act, it
shall bring the case for deliberation to the Carbon Neutrality and Green Growth
Commission referred to in Article 15 (1) of the Act.
(4) Where the
Government sets, modifies, or resets the mid- to long-term greenhouse gas
reduction targets, etc. pursuant to Article 8 (1) through (4) of the Act, it
may take into account the greenhouse gas reduction performance achieved by
utilizing carbon sinks, etc. under Article 33 (1) of the Act and the
international mitigation outcomes, etc. under the main clause of Article 35 (3)
of the Act.
(5) When the head
of a central administrative agency formulates or modifies the following plans,
he or she shall comply with the mid- to long-term greenhouse gas reduction
targets, etc.:
1. A national framework plan for carbon neutrality and green growth
under Article 10 (1) of the Act;
2. A master plan for electricity supply and demand under Article 25
(1) of the Electric Utility Act;
3. A comprehensive national land plan under Article 9 (1) of the
Framework Act on the National Land;
4. A central basic plan for sustainable development under Article 7
of the Sustainable Development Act;
5. A master plan for the promotion of technological development, use,
and distribution of new and renewable energy under Article 5 (1) of the Act on
the Promotion of the Development, Use and Diffusion of New and Renewable
Energy;
6. A national core transport network plan under Article 4 (1) of the
National Transport System Efficiency Act;
7. A master plan for implementing the hydrogen economy under Article
5 (1) of the Hydrogen Economy Promotion and Hydrogen Safety Management Act;
8. A plan to develop agriculture, rural communities, and the food
industry under Article 14 (1) of the Framework Act on Agriculture, Rural
Community and Food Industry;
9. A master plan for resources circulation under Article 11 (1) of
the Framework Act on Resources Circulation;
10. A master plan for green buildings under Article 6 (1) of the
Green Buildings Construction Support Act;
11. A comprehensive plan for the improvement of carbon sinks under
Article 5 (1) of the Act on the Management and Improvement of Carbon Sink;
12. Other major plans selected by the chairperson of the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act,
following a resolution by the Carbon Neutrality and Green Growth Commission
under that paragraph.
Article 4 (Inspection of Current Status of Implementation)
(1) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act shall formulate an inspection plan each year to inspect the
current status of implementation under Article 9 (1) of the Act.
(2) An inspection
of the current status of implementation under Article 9 (1) of the Act shall be
conducted in writing, but if necessary, it may be conducted as a field
inspection.
(3) The Minister
of Environment shall assist with affairs related to the inspection of the
current status of implementation under Article 9 (1) of the Act.
(4) If necessary
to inspect the current status of implementation under Article 9 (1) of the Act
and to prepare a report on the inspection results, the chairperson of the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act may
request the heads of relevant administrative agencies to submit relevant data.
(5) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act shall publish the report on the inspection results prepared
pursuant to Article 9 (1) of the Act on the website of the Carbon Neutrality
and Green Growth Commission under that paragraph, following deliberation by the
Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act.
(6) “Other
matters prescribed by Presidential Decree" in Article 9 (2) of the Act
means the following matters:
1. Results of seeking opinions from interested parties about the
current status of implementation of annual greenhouse gas reduction targets
under Article 8 (3) of the Act (hereinafter referred to as "annual
reduction target");
2. Matters deemed by the chairperson of the Carbon Neutrality and
Green Growth Commission under Article 15 (1) of the Act as necessary to
ascertain the current status of implementation of the annual reduction targets.
(7) Except as
provided in paragraphs (1) through (6), matters necessary for an inspection of
the current status of implementation of annual reduction targets shall be
determined by the chairperson of the Carbon Neutrality and Green Growth
Commission under Article 15 (1) of the Act, following a resolution by the
Carbon Neutrality and Green Growth Commission under that paragraph.
CHAPTER III FORMULATION OF NATIONAL
FRAMEWORK PLAN FOR CARBON NEUTRALITY AND GREEN GROWTH
Article 5 (Formulation and Implementation of National Framework Plan
for Carbon Neutrality and Green Growth)
(1) Where the
Government formulates or modifies a national framework plan for carbon
neutrality and green growth referred to in Article 10 (1) of the Act
(hereinafter referred to as "national framework plan for carbon
neutrality") pursuant to Article 10 (1) and (3) of the Act, it shall hear
the opinion of relevant experts, citizens, and interested parties, etc. by
holding a public hearing and others before submitting the formulated or
modified plan for deliberation by the Carbon Neutrality and Green Growth
Commission under Article 15 (1) of the Act.
(2) “Other
matters prescribed by Presidential Decree” in Article 10 (2) 11 of the Act
means the following:
1. Matters regarding linkage with policies in relation to the
transition to a carbon neutral society and promotion of green growth in each
sector, including agriculture, livestock, fisheries, industry, energy, power
generation, environment, waste, land, building, transportation, oceans, small
and medium enterprises, and forestry;
2. Analysis of economic effects according to the greenhouse gas
reduction targets and measures for greenhouse gas reduction;
3. Objectives, principles, and implementation plans of international
mitigation projects under Article 35 (1) of the Act;
4. Other matters resolved by the Carbon Neutrality and Green Growth
Commission referred to in Article 15 (1) of the Act as deemed necessary to be
included in the national framework plan for carbon neutrality for the
transition to a carbon neutral society and promotion of green growth.
(3) "Where
minor matters prescribed by Presidential Decree are modified" in the
proviso of Article 10 (3) of the Act means the following cases:
1. Where the matters referred to in Article 10 (2) 2 and 3 of the
Act are partially modified, reflecting the changes in domestic or foreign
conditions;
2. Where the details of sectoral or annual measures referred to in
Article 10 (2) 4 of the Act are partially modified within the scope of policy
objectives or organizing institutions or related institutions are modified,
which do not affect the essential content of the national framework plan for
carbon neutrality.
Article 6 (Formulation of City/Do Plans for Carbon Neutrality)
(1) The Special
Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing
City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter
referred to as "Mayor/Do Governor") shall formulate or modify a
City/Do master plan for carbon neutrality and green growth under Article 11 (1)
of the Act (hereinafter referred to as “City/Do plan for carbon neutrality”),
within six months from the date of formulation or modification (excluding
modification of minor matters under the proviso of Article 10 (3) of the Act)
of the national master plan for carbon neutrality.
(2) Where a
Mayor/Do Governor formulates or modifies a City/Do plan for carbon neutrality
pursuant to paragraph (1), he or she shall hear the opinion of the head of the
competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu;
hereinafter the same shall apply), local residents, relevant experts, and
interested parties before submitting the plan for deliberation by a Local
Carbon Neutrality and Green Growth Commission under Article 22 (1) of the Act
(hereinafter referred to as “local commission").
(3) "Where
minor matters prescribed by Presidential Decree are modified” in the proviso of
Article 11 (3) of the Act means the following cases:
1. Where the matters referred to in Article 11 (2) 1 of the Act are
partially modified, reflecting the changes in domestic and international
conditions;
2. Where the sectoral and annual implementation measures under
Article 11 (2) 2 of the Act are partially modified or the organizing
institution or a related institution is modified within the scope of policy
objectives, which do not affect the essential content of the City/Do plans for
carbon neutrality (referring to the Si/Gun/Gu master plans for carbon
neutrality and green growth under Article 12 (1) of the Act, in cases applied
mutatis mutandis pursuant to Article 12 (2) of the Act).
(4) A Mayor/Do
Governor shall submit a City/Do plan for carbon neutrality to the Minister of
Environment within one month from the date of formulation or modification of
the City/Do plan for carbon neutrality pursuant to Article 11 (4) of the Act,
and the Minister of Environment shall compile the City/Do plans for carbon
neutrality submitted and report such compilation to the Carbon Neutrality and
Green Growth Commission within three months from the date of receiving all of
the City/Do plans for carbon neutrality.
(5) The heads of
the relevant central administrative agencies may provide administrative and
financial support to promote sectoral policies for carbon neutrality of the
Special Metropolitan City, a Metropolitan City, a Special Self-Governing City,
a Do, and a Special Self-Governing Province (hereinafter referred to as
"City/Do") pursuant to Article 11 (5) of the Act.
(6) The Minister
of Environment may provide the following support pursuant to Article 11 (5) of
the Act:
1. Support, such as preparation and offering of guidelines for the
formulation of a City/Do plan for carbon neutrality;
2. Consulting on the preparation of sectoral implementation
strategies for a City/Do plan for carbon neutrality;
3. Education and training to facilitate the implementation of a
City/Do plan for carbon neutrality and support for the establishment of the
relevant information system.
(7) Except as
provided in paragraphs (1) through (6), matters necessary for the formulation
or modification of a City/Do plan for carbon neutrality shall be prescribed by
ordinance of the competent City/Do.
Article 7 (Formulation of Si/Gun/Gu Plans for Carbon Neutrality)
(1) The head of a
Si/Gun/Gu shall formulate or modify a Si/Gun/Gu master plan for carbon
neutrality and green growth under Article 12 (1) of the Act (hereinafter
referred to as "Si/Gun/Gu plan for carbon neutrality") after
consultation with the competent Mayor/Do Governor, within six months from the
date a City/Do plan for carbon neutrality is formulated or modified (excluding
cases where minor matters are modified pursuant to the proviso of Article 11
(3) of the Act).
(2) Where the
head of a Si/Gun/Gu formulates or modifies a Si/Gun/Gu plan for carbon
neutrality pursuant to paragraph (1), he or she shall hear the opinion of local
residents, related experts, and interested parties before submitting it for
deliberation by the relevant local commission.
(3) The head of a
Si/Gun/Gu shall submit a Si/Gun/Gu plan for carbon neutrality to the Minister
of Environment and the competent Mayor/Do Governor pursuant to Article 12 (3)
of the Act within one month from the date the Si/Gun/Gu plan for carbon
neutrality is formulated or modified, and the Minister of Environment shall
compile the Si/Gun/Gu plans for carbon neutrality submitted and report the
compilation to the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act within three months from the date of receiving all of the
Si/Gun/Gu plans for carbon neutrality.
(4) The head of
the relevant central administrative agency may provide administrative and
financial support to facilitate the implementation of sectoral policies for
carbon neutrality of a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter
the same shall apply) pursuant to Article 12 (4) of the Act.
(5) The Minister
of Environment may provide the following support pursuant to Article 12 (4) of
the Act:
1. Support, such as preparation and offering of guidelines for the
formulation of a Si/Gun/Gu plan for carbon neutrality;
2. Consulting on the preparation of sectoral implementation
strategies for a Si/Gun/Gu plan for carbon neutrality;
3. Education and training to facilitate the implementation of a
Si/Gun/Gu plan for carbon neutrality and support for the establishment of the
relevant information system.
(6) Except as
provided in paragraphs (1) through (5), matters necessary for the formulation
or modification of a Si/Gun/Gu plan for carbon neutrality shall be prescribed
by ordinance of the competent Si/Gun/Gu.
Article 8 (Inspection of Implementation Progress of National Framework
Plan for Carbon Neutrality)
(1) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act shall formulate a plan every year to inspect the
implementation progress of the national framework plan for carbon neutrality
and its major achievements pursuant to Article 13 (1) of the Act.
(2) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act may request the head of the relevant administrative agency to
submit relevant data, if necessary to conduct an inspection under Article 13
(1) of the Act.
(3) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act may request the Government to reflect the inspection results
of the implementation progress of the national framework plan for carbon
neutrality under Article 13 (1) of the Act in the public service evaluation
under the Framework Act on Public Service Evaluation.
(4) The
chairperson of the Carbon Neutrality and Green Growth Commission under Article
15 (1) of the Act shall disclose a report on the inspection results under
Article 13 (1) of the Act on the website of the Carbon Neutrality and Green
Growth Commission under Article 15 (1) of the Act, after deliberation by the Carbon
Neutrality and Green Growth Commission under that paragraph.
(5) Pursuant to
Article 13 (2) of the Act, a Mayor/Do Governor shall submit to the Minister of
Environment a report on the inspection results of the implementation progress
of City/Do plans for carbon neutrality and their major achievements by May 31
of each year, and the head of a Si/Gun/Gu shall submit a report on the
inspection results of the implementation progress of Si/Gun/Gu plans for carbon
neutrality and their major achievements by May 31 of each year to the Minister
of Environment and the competent Mayor/Do Governor, respectively.
(6) The Minister
of Environment may provide support with matters necessary for the preparation
of a report on the inspection results of the implementation progress and major
achievements of City/Do plans for carbon neutrality and Si/Gun/Gu plans for
carbon neutrality.
(7) The Minister
of Environment shall prepare a report on the inspection results by compiling
the City/Do and Si/Gun/Gu inspection reports submitted pursuant to paragraph
(5), and shall file the report with the Carbon Neutrality and Green Growth
Commission under Article 15 (1) of the Act by July 31 of each year.
(8) The Minister
of Environment shall assist with the duties of the chairperson of the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act,
relating to the inspection, etc. of the implementation progress and major
achievements of the national framework plan for carbon neutrality, City/Do
plans for carbon neutrality, and Si/Gun/Gu plans for carbon neutrality under
Article 13 (1) and (2) of the Act.
(9) Except as
provided in paragraphs (1) through (8), the chairperson of the Carbon Neutrality
and Green Growth Commission under Article 15 (1) of the Act shall prescribe
matters necessary for the inspection of the implementation progress and major
achievements of the national framework plan for carbon neutrality, etc.,
following resolution by the Carbon Neutrality and Green Growth Commission under
that paragraph.
Article 9 (Notification Following Enactment of and Amendment to
Statutes or Regulations)
(1) The statutes
or regulations, the details of which shall be notified by the head of a central
administrative agency to the Carbon Neutrality and Green Growth Commission
under Article 15 (1) of the Act pursuant to Article 14 (1) of the Act, shall be
the statutes or regulations related to the reduction of greenhouse gas
emissions or adaptation to climate crisis.
(2) The type of
the mid- to long-term administrative plans, the details of which shall be
notified by the head of a central administrative agency to the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act pursuant
to Article 14 (1) of the Act, shall be as specified in attached Table 1.
(3) The timing
for which the head of a central administrative agency shall notify the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act of the
details of the statues and regulations, etc. pursuant to Article 14 (1) of the
Act shall be classified as follows:
1. Statutes or regulations that contain the details affecting the
national vision: When a draft statute or regulation is sent to the head of a
relevant agency pursuant to Article 11 of the Regulations on Management of
Legislative Affairs;
2. Mid- to long-term administrative plans related to the national
framework plan for carbon neutrality: Prior to formulation or modification of
the mid- to long-term administrative plans (referring to the period before
conducting consultation with the relevant agencies or before undergoing
deliberation by the Commission, etc., where the statutes or regulations
governing the relevant plans prescribe that the relevant plan is subject to
consultation with relevant agencies or deliberation by the Commission, etc.
prescribed in the same statutes and regulations).
(4) Municipal
ordinances and administrative plans, the details of which shall be notified by
the heads of local governments to the Carbon Neutrality and Green Growth
Commission under Article 15 (1) of the Act and a local commission pursuant to
Article 14 (2) of the Act shall be classified as follows:
1. A municipal ordinance that contains content affecting the
national vision: A municipal ordinance related to greenhouse gas reduction or
adaptation to climate crisis among the municipal ordinances related to
administrative plans specified in attached Table 1-2;
2. An administrative plan related to a City/Do plan for carbon
neutrality or a Si/Gun/Gu plan for carbon neutrality: An administrative plan
specified in attached Table 1-2.
(5) The timing of
notification of the content of municipal ordinances, etc. by the head of a
local government to the Carbon Neutrality and Green Growth Commission under
Article 15 (1) of the Act and a local commission pursuant to Article 14 (2) of
the Act shall be according to the following classifications:
1. A municipal ordinance under paragraph (4) 1: Within three days
from the date of commencement of the pre-announcement of legislation of the
relevant municipal ordinance;
2. An administrative plan under paragraph (4) 2: Prior to
establishing or modifying an administrative plan.
(6) Upon receipt
of notification under Article 14 (1) or (2) of the Act, the Carbon Neutrality
and Green Growth Commission under Article 15 (1) of the Act or a local
commission shall notify the head of the relevant central administrative agency
or the head of the relevant local government of the results of examination,
within 30 days from the date of receipt of notification pursuant to Article 14
(3) of the Act: Provided, That the period may be extended by up to 30 days, if
it is impossible to give notification within 30 days due to any unavoidable
reason.
CHAPTER IV CARBON NEUTRALITY AND GREEN
GROWTH COMMISSION
Article 10 (Duties of Chairperson of Carbon Neutrality and Green
Growth Commission)
The two
chairpersons (hereinafter referred to as "chairperson") of the Carbon
Neutrality and Green Growth Commission under Article 15 (1) of the Act
(hereinafter referred to as the "Commission") shall represent the
Commission, respectively, and exercise general supervision over its affairs.
Article 11 (Composition of the Commission)
(1) "Public
officials prescribed by Presidential Decree" in Article 15 (4) 1 of the
Act means the Minister of Education, the Minister of Foreign Affairs, the
Minister of Unification, the Minister of the Interior and Safety, the Minister
of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural
Affairs, the Minister of Health and Welfare, the Minister of Employment and
Labor, the Minister of Gender Equality and Family, the Minister of Oceans and
Fisheries, the Minister of SMEs and Startups, the Chairperson of the Korea
Communications Commission, the Chairperson of the Financial Services
Commission, the Administrator of the Korea Forest Service, and the
Administrator of the Korea Meteorological Administration.
(2) A Commission
member newly commissioned to fill a vacancy arising from decommission of a
Commission member under Article 15 (4) 2 of the Act (hereinafter referred to as
“commissioned member”) shall serve for the remaining term of office of his or
her predecessor.
(3) Commissioned
members may perform their duties despite the expiration of their terms under
Article 15 (8) of the Act, until their successors are commissioned.
(4) The President
may dismiss a commissioned member, if he or she falls under any of the
following cases:
1. If the member becomes incapable of performing his or her duties
due to mental or physical disability;
2. If the member is found to commit any misconduct in the course of
performing his or her duties;
3. If the member is deemed unsuitable as the Commission member due
to neglect of duties, injury to dignity, or any other reasons;
4. If the member fails to refrain although he or she falls under any
subparagraph of Article 18 (1) of the Act;
5. If the member states that he or she finds it difficult to perform
his or her duties.
Article 12 (Deliberation by the Commission)
(1) In order to
assist with deliberation under the subparagraphs of Article 16 of the Act, the
Commission may designate relevant specialized institutions by sector, such as
agriculture, livestock, fisheries, industry, energy, power generation,
environment, wastes, land, buildings, transportation, and maritime affairs.
(2) The effective
period of designation of a specialized institution designated pursuant to
paragraph (1) shall be three years, yet the Commission may renew the effective
period of designation of the specialized institution before the relevant period
expires.
Article 13 (Meetings)
(2) "Cases
prescribed by Presidential Decree" in the proviso of Article 17 (2) of the
Act means the following cases:
1. Where there is lack of time to hold a meeting attended by the
Commission members due to urgency;
2. Cases deemed specially necessary by the chairperson of the
Commission, such as where it is difficult to achieve a quorum for the meeting
by attendance of the Commission members due to an act of God or any other
unavoidable cause.
(2) Matters
regarding the methods and procedures for disclosing a meeting of the Commission
or grounds for non-disclosure shall be determined by the chairperson of the
Commission after resolution by the Commission.
Article 14 (Operation of Secretariat)
(1) The secretary
general of the secretariat established under the jurisdiction of the Commission
pursuant to Article 21 (1) of the Act (hereinafter referred to as
"secretariat") shall be a public official in political service under
the jurisdiction of the Office for Government Policy Coordination who is
appointed by the Minister for Government Policy Coordination, and shall
exercise general supervision over the affairs of the secretariat.
(2) If it is
necessary to operate the Commission and perform the duties of the secretariat,
the Commission may request secondment or concurrent service of public officials
belonging to the relevant central administrative agencies or local governments,
or executive officers, employees, etc. belonging to the public institutions,
relevant agencies, organizations, or research institutes.
(3) If it is
necessary for the operation of the secretariat, the Commission may appoint an
expert in the relevant fields, such as agriculture, livestock, fisheries,
industry, energy, power generation, environment, wastes, land, building,
transportation, and oceans, as a public official in a fixed term position under
Article 26-5 of the State Public Officials Act, within the budget.
(4) The
commissioned members of the Commission and the sub-commissions, special
commissions, and specialized commissions under Article 19 of the Act, relevant
experts, citizens who have participated in the process of gathering consensus,
interested parties, etc. or employees, etc. who are not public officials may be
paid allowances, travel expenses, and other necessary expenses: Provided, That
no expenses shall be paid to a public official who attends a meeting of the
Commission in direct relation with his or her own duties.
CHAPTER V GREENHOUSE GAS REDUCTION
POLICY MEASURES
Article 15 (Climate Change Impact Assessment)
(1) "Plan or
development project prescribed by Presidential Decree, such as a project
emitting a massive amount of greenhouse gases" in Article 23 (1) of the
Act means the plans and development projects listed in attached Table 2.
(2) The head of
the relevant administrative agency who intends to formulate a plan subject to a
climatic change impact assessment under Article 23 (1) of the Act (hereinafter
referred to as "climate change impact assessment") shall conduct a
climatic change impact assessment, taking into account the following matters:
1. The current status of the statutes or regulations, systems, major
policy measures, etc. related to climate change;
2. Coherence between international agreements and national vision
related to climate change;
3. Impacts on climate change and greenhouse gas mitigation measures;
4. Impacts expected from climate change and adaptation measures.
(3) A business
entity who intends to implement a development project subject to climate change
impact assessment shall conduct a climate change impact assessment in
consideration of the following matters:
1. The current status of the statutes or regulations, systems, major
policy measures, etc. related to climate change;
2. Coherence between relevant plans, such as City/Do plans for
carbon neutrality, and Si/Gun/Gu plans for carbon neutrality;
3. The greenhouse gas emissions expected from implementation of
development projects and its mitigation measures;
4. Assessment of the impacts of climate change on development
projects and its risk;
5. Greenhouse gas emission sources and carbon sinks;
6. Adaptation measures for climate crisis and post-management plans
for development projects.
(4) Except as
provided in paragraphs (2) and (3), matters necessary for the methods for
climate change impact assessment shall be determined and publicly notified by
the Minister of Education.
(5) If it is
necessary to review the results of climate change impact assessment pursuant to
Article 23 (3) of the Act, the Minister of Environment may hear the opinion of
the following institutions or relevant experts:
1. The Greenhouse Gas Inventory and Research Center under Article 36
(1) of the Act;
2. Korea Adaptation Center for Climate Change under Article 46 (1)
of the Act;
3. The National Institute of Environmental Research under Article 15
of Decree on the Organization of Ministry of Environment and its Affiliated
Agencies;
4. The National Institute of Ecology under the Act on the
Establishment and Operation of the National Institute of Ecology;
5. Government-funded research institutes established pursuant to the
Act on the Establishment, Operation and Fostering of Government-Funded Research
Institutes;
6. The Korea Environment Corporation under the Korea Environment
Corporation Act (hereinafter referred to as the "Korea Environment
Corporation");
7. The National Institute of Meteorological Sciences established
pursuant to the Act on the Establishment and Operation of Responsible
Administrative Agencies.
(6) Except as
provided in paragraph (5), matters necessary for the examination of the results
of climate change impact assessment under Article 23 (3) of the Act shall be
determined by the Minister of Environment.
Article 16 (Greenhouse Gas Reduction Cognitive Budget System)
The Minister of
Environment shall support the following affairs necessary for the
implementation of a greenhouse gas reduction cognitive budget system under
Article 24 of the Act, in consultation with the Minister of Economy and Finance
or the Minister of the Interior and Safety:
1. Analysis of the impact of budgeting and funds on climate change;
2. Preparation of operating guidelines, including the criteria for
selecting business subject business, and the methods of preparing a greenhouse
gas reduction cognitive budget bill and a balance sheet of the settlement of
accounts;
3. Examination and analysis of a greenhouse gas reduction cognitive
budget bill and a balance sheet of the settlement of accounts;
4. Examination and analysis of greenhouse gas reduction cognitive
fund management plans and a balance sheet of the settlement of fund accounts;
5. Public relations of the greenhouse gas reduction cognitive budget
system and education on budgeting techniques;
6. Other duties prescribed by the Minister of Environment as
necessary to be reflected in financial management of the State and local
governments, as a result of analysis of the impact of the budget and funds on
climate change, in consultation with the Minister of Economy and Finance or the
Minister of the Interior and Safety.
Article 17 (Greenhouse Gas Target Control in Public Sector)
(1)
"Institutions prescribed by Presidential Decree, such as the relevant
central administrative agencies, local governments, City/Do offices of
education, and public institutions" in Article 26 (1) of the Act means the
following institutions (hereinafter referred to as "public institutions,
etc."):
1. Central administrative agencies;
2. Local governments;
3. City/Do offices of education;
4. Public institutions;
5. Local government-invested public corporations under Article 49 of
the Local Public Enterprises Act (hereinafter referred to as "local
government-invested public corporation") and local public agencies under
Article 76 of that Act (hereinafter referred to as "local public agency");
6. National universities and public universities under Articles 2
and 3 of the Higher Education Act;
7. The Bank of Korea under the Bank of Korea Act;
8. The Financial Supervisory Service under Article 24 of the Act on
the Establishment of Financial Services Commission.
(2) The head of a
public institution, etc. shall set greenhouse gas reduction targets for the
following year and submit it to the Minister of Environment by electronic means
by December 31 of each year pursuant to Article 26 (1) of the Act.
(3) Where the
head of a public institution, etc. sets greenhouse gas reduction targets
pursuant to paragraph (2), he or she may set up the targets, including the
following matters:
1. Whether the targets can be jointly implemented with the heads of
other public institutions, etc.;
2. Whether the greenhouse gas reduction projects are implemented
outside the relevant institutions.
(4) If the
Minister of Environment deems that the reduction targets are improper to
achieve the mid-to long-term greenhouse gas reduction targets, etc. after
examination of the greenhouse gas reduction targets submitted under paragraph
(2), he or she may request the heads of public institutions, etc. to improve or
supplement the reduction targets.
(5) The head of a
public institution, etc. shall submit the performance records under Article 26
(2) of the Act to the Minister of Environment by electronic means by March 31
of the following year.
(6) The
performance records submitted under paragraph (5) shall include the following:
1. Records of greenhouse gas reduction of the relevant year and
whether the greenhouse gas reduction targets have been achieved in the relevant
year;
2. The amount of greenhouse gas emissions from each facility
emitting greenhouse gases and the total amount of greenhouse gas emissions;
3. Other matters determined by the Minister of Environment to
achieve the annual greenhouse gas reduction targets.
(7) The Minister
of Environment shall prepare and manage a registry of performance records
submitted under paragraph (5) by electronic means pursuant to Article 26 (3) of
the Act.
(8) The Minister
of the Interior and Safety, the Minister of Trade, Industry and Energy, the
Minister of Environment, and the Minister of Land, Infrastructure and Transport
shall jointly review the performance records within three months from the date
of receipt under paragraph (5), and shall report the results of the review to
the Commission. In such cases, the Minister of Environment shall exercise
general supervision over and coordinate the review of performance records.
(9) The Minister
of Environment may disclose the results of the examination under paragraph (8)
through the National Greenhouse Management System under Article 36 (1) of the
Act.
(10) If the
performance records of public institutions, etc. fall short of the reduction
targets submitted, the Minister of Environment may order the heads of public
institutions, etc. to make improvement to promote the reduction of greenhouse
gas emissions, pursuant to Article 26 (4) of the Act.
(11) The head of
a public institution, etc. ordered to make improvement pursuant to paragraph
(10) shall submit an improvement plan to the Minister of Environment by
electronic means within one month from the date of receipt of such order.
(12) Paragraphs
(2), (3), and (5) through (9) shall apply mutatis mutandis to the setting of
greenhouse gas reduction targets, notification and disclosure of performance
records thereof, and preparation and management of a registry of performance
records of the National Assembly, the courts, the Constitutional Court, and the
election commissions under Article 26 (5) of the Act (hereafter in this Article
referred to as "constitutional institutions, etc."). In such cases,
"public institutions, etc." shall be construed as "constitutional
institutions, etc." and "submission" as
"notification," respectively.
(13) Except as
provided in paragraphs (1) through (12), detailed matters necessary for the
setting of the reduction targets of public institutions, etc., submission and
disclosure of performance records, preparation and management of a registry,
issuance of an improvement order, etc. shall be determined and publicly
notified by the Minister of Environment.
Article 18 (Greenhouse Gas Target Control of Greenhouse Gas Emitters
under Control)
(1) The head of a
sectoral central administrative agency (hereinafter referred to as
"sectoral competent agency") specified in each of the following
subparagraphs shall take charge of the affairs of setting and control of the
greenhouse gas reduction targets under Article 27 (1) of the Act (hereinafter
referred to as "greenhouse gas control targets") and the affairs
concerning the succession to the rights and obligations under Article 28 of the
Act for each sector specified in the relevant subparagraph, and the Minister of
Environment shall exercise general supervision over and coordinate the affairs.
In such cases, the head of the sectoral competent agency shall fully cooperate
with the general supervision and coordination of the Minister of Environment:
1. The Ministry of Agriculture, Food and Rural Affairs: Agriculture,
livestock, food, and forestry sectors;
2. The Ministry of Trade, Industry and Energy: Industry and power generation
sectors;
3. The Ministry of Environment: Wastes sectors;
4. The Ministry of Land, Infrastructure and Transport: Building,
transportation (excluding marine transportation and harbors), and construction
works sectors;
5. The Ministry of Oceans and Fisheries: Oceans, fisheries, marine
transportation, and harbor sectors.
(2) If necessary
to control the greenhouse gas control targets, the Minister of Environment may
conduct a comprehensive inspection on the affairs under the jurisdiction of the
head of the sectoral competent agency, and may request the head of the sectoral
competent agency to take necessary measures, such as issuing an improvement
order to a controlled emitter under Article 27 (1) of the Act (hereinafter
referred to as "greenhouse gas emitter under control"), based on the
inspection results.
(3) The Minister
of Environment shall determine and publicly notify the comprehensive standards
and guidelines for greenhouse gas target control of the greenhouse gas-emitting
entity under control, including the following matters, in consultation with the
head of the sectoral competent agency, in consideration of the national vision,
the mid- to long-term greenhouse gas reduction targets, etc., domestic
industrial conditions, the international trend related to carbon neutrality,
etc.:
1. Setting and control of greenhouse gas control targets;
2. Verification under Article 27 (3) of the Act;
3. Succession to the rights and obligations under Article 28 (1) of
the Act;
4. The methods of preparing an action plan for greenhouse gas
control targets under Article 21 (2).
Article 19 (Standards for Designation of Greenhouse Gas Emitters
under Control and Commitment Period)
(1) "Entity
that emits greenhouse gases in excess of the standard amount prescribed by Presidential
Decree" in Article 27 (1) of the Act means a business entity whose annual
average of total greenhouse gas emissions over the last three years is not less
than 50,000 tCO2eq or which has at least one place of business with the annual
average of greenhouse gas emissions of not less than 15,000 tCO2eq.
(2) "Last
three years" in paragraph (1) means the three years immediately preceding
the year in which the entity is designated as a greenhouse gas emitter under
control (hereinafter referred to as "year of designation"): Provided,
That if the period of business is less than three years or there is no data for
three years due to business suspension of a place of business, etc., the data
may be calculated based on the relevant period of business or the period of
holding the relevant data.
(3)
"Commitment period prescribed by Presidential Decree" in Article 27
(1) of the Act means one year.
Article 20 (Procedures for Designation of Greenhouse Gas Emitters
under Control)
(1) The head of
the sectoral competent agency shall select a business entity falling under
Article 19 (1) as an entity subject to designation as a greenhouse gas emitter
under control, and notify the Minister of Environment thereof by April 30 of
the year immediately before the preceding year of the commitment period under
Article 19 (3) (hereinafter referred to as "commitment period"),
along with data for calculation of greenhouse gas emissions under Article 27
(2) of the Act.
(2) The Minister
of Environment shall review whether there is any duplication or omission of
selection, whether the regulation is appropriate, etc. with respect to an
entity subject to designation as a greenhouse gas emitter under control that is
notified under paragraph (1), and shall notify the head of the sectoral competent
agency of the results of the review by May 31 of the year immediately before
the preceding year of the commitment period.
(3) The head of
the sectoral competent agency notified of the results of review under paragraph
(2) shall designate a greenhouse gas emitter under control from among the
entities subject to designation as a greenhouse gas emitter under control, in
consideration of the results of the review.
(4) The head of
the sectoral competent agency which has designated a greenhouse gas emitter
under control under paragraph (3) shall notify the relevant greenhouse gas
emitter under control of such fact and give public notice of it in the Official
Gazette by June 30 of the year immediately before the preceding year of the
commitment period.
(5) The head of
the sectoral competent agency may revoke the designation if a greenhouse gas
emitter under control falls under any of the following subparagraphs:
1. If a greenhouse gas emitter under control does not exist due to a
report on business closure, dissolution of the corporation, cancellation of
business license, etc.;
2. If the rights and obligations are transferred to another business
entity pursuant to Article 28 (1) of the Act.
Article 21 (Method and Procedure for Target Control of Greenhouse
Gas Emitter under Control)
(1) Pursuant to
Article 27 (1) of the Act, the head of the sectoral competent agency shall set
a greenhouse gas control target in consultation with a greenhouse gas emitter
under control and after deliberation by the Commission, notify the greenhouse
gas emitter under control of the control target by September 30 of the previous
year of the commitment period, and enter the relevant facts in a registry under
Article 27 (4) of the Act (hereinafter referred to as “registry of greenhouse
gas emitters under control”).
(2) A greenhouse
gas emitter under control notified of the greenhouse gas control targets
pursuant to paragraph (1) shall submit an action plan for the greenhouse gas
control targets, including each of the following matters, to the head of the
sectoral competent agency by December 31 of the previous year of the commitment
period:
1. General information, such as the current status of a place of
business of the emitter;
2. Greenhouse gas control targets and the scope of control of each
place of business;
3. The type and volume of greenhouse gases emitted from each place
of business;
4. The type and quantity of energy used in each place of business;
5. Measurement spots, and the type and method of monitoring data on
the activities of each emitting facility;
6. Other matters determined and publicly notified by the Minister of
Environment to implement the greenhouse gas control targets.
(3) The head of
the sectoral competent agency in receipt of action plans for the greenhouse gas
control targets under paragraph (2) shall verify the details thereof and
prepare a register by January 31 of the relevant year of the commitment period.
(4) A greenhouse
gas emitter under control that has an objection to the greenhouse gas control
targets set under paragraph (1) may file an objection with the head of the
sectoral competent agency, along with explanatory materials, within 30 days
from the date of receipt of such notice.
(5) Pursuant to
the former part of Article 27 (3) of the Act, a greenhouse gas emitter under
control shall submit a statement of greenhouse gas emissions (hereinafter
referred to as "statement of greenhouse gas emissions") for the
relevant year from the year immediately before the preceding year of the
commitment period (referring to three years preceding the previous year of the
commitment period, if the business entity is designated for the first time as a
greenhouse gas emitter under control) to the head of the sectoral competent
agency, along with the verification results of an external specialized
institution for verification (hereinafter referred to as "verification
institution") under the former part of Article 24-2 (1) of the Act on the
Allocation and Trading of Greenhouse-Gas Emission Permits, by the date
prescribed in the relevant subparagraph, as classified below:
1. A statement of greenhouse gas emissions for the year immediately
before the preceding year of the commitment period (or a statement of greenhouse
gas emissions for three years before the preceding year of the commitment
period, if the business entity is designated for the first time as a greenhouse
gas emitter under control): March 31 of the previous year of the commitment
period;
2. A statement of greenhouse gas emissions of the previous year of
the commitment period: March 31 of the relevant year of the commitment period;
3. A statement of greenhouse gas emissions of the relevant year of
the commitment period: March 31 of the following year of the commitment period.
(6) A statement
of greenhouse gas emissions shall include the following matters:
1. The size of the business entity, production process charts,
produced products, and production volume;
2. Types and emission quantities of greenhouse gases emitted from
each place of business;
3. Types and quantities of energy used in each place of business,
ingredients of fuel in use, and the types, size, quantity, and operating hours
of the energy-using facilities;
4. Types, size, quantity, and operating hours of the greenhouse gas
emitting facilities, and the quantity and type of greenhouse gas emissions from
each emitting facility;
5. Other matters determined and publicly notified by the Minister of
Environment as necessary for the management of greenhouse gas emissions from a
greenhouse gas emitter under control.
(7) The head of
the sectoral competent agency in receipt of a statement of greenhouse gas
emissions under paragraph (5) shall review the details thereof and enter the
details of the statement of greenhouse gas emissions and the verification
results thereof in the registry of greenhouse gas emitters under control by May
31 of the following year of the commitment period.
(8) The head of
the sectoral competent agency shall determine whether a greenhouse gas emitter
under control has achieved the greenhouse gas control targets, following
deliberation by the Commission, based on the statement of greenhouse gas
emissions for a commitment period submitted by the emitter under paragraph (5),
and shall enter the results thereof in the registry of greenhouse gas emitters
under control by June 30 of the following year of a commitment period.
(9) Where the
head of the sectoral competent agency determines that a greenhouse gas emitter
under control has failed to achieve the greenhouse gas control targets pursuant
to paragraph (8), he or she shall issue an improvement order under Article 27 (6)
of the Act to the greenhouse gas emitter under control and enter such fact in
the registry of greenhouse gas emitters under control.
(10) A greenhouse
gas emitter under control which has received an improvement order under
paragraph (9) shall formulate an improvement plan pursuant to the latter part
of Article 27 (6) of the Act and reflect it in the formulation of an action
plan for the following commitment period.
(11) Except as
provided in paragraphs (1) through (10), detailed matters necessary for setting
and control of greenhouse gas control targets of greenhouse gas emitters under
control, preparation and reporting of a statement of greenhouse gas emissions,
issuance of improvement orders, etc. shall be determined by the Minister of
Environment in consultation with the heads of the sectoral competent agencies.
Article 22 (Preparation and Management of Registry of Greenhouse Gas
Emitters under Control)
The Minister of
Environment shall prepare and manage a registry of greenhouse gas emitters
under control including following matters, by electronic means pursuant to the
former part of Article 27 (4) of the Act:
1. The trade name and representative of a greenhouse gas emitter
under control;
2. Matters regarding designation of a greenhouse gas emitter under
control;
3. A statement of greenhouse gas emissions and a verification
report;
4. Greenhouse gas control targets;
5. Action plans;
6. Matters regarding whether the greenhouse gas control targets have
been achieved and improvement orders (limited to cases where an emitter has
received an improvement order).
Article 23 (Disclosure of Greenhouse Gas Emissions and Target
Achievement Status)
(1) Pursuant to
Article 27 (4) of the Act, the head of the sectoral competent agency shall
disclose the following matters by electronic means through the National
Greenhouse Management System under Article 36 (1) of the Act:
1. Whether the greenhouse gas control targets have been achieved;
2. The trade name, name, and type of business of a greenhouse gas
emitter under control;
3. Location of the headquarters and a place of business of a
greenhouse gas emitter under control;
4. The year of designation as a greenhouse gas emitter under control
and the competent agency in charge;
5. Verification Institutions for statements of greenhouse gas
emissions of greenhouse gas emitters under control;
6. Volume of greenhouse gas emissions and energy consumption of
greenhouse gas emitters under control in the statements of greenhouse gas
emissions.
(2) A greenhouse
gas emitter under control that intends to request non-disclosure of its
greenhouse gas emissions or whether it has achieved the greenhouse gas control
targets pursuant to the latter part of Article 27 (4) of the Act shall submit
an application for non-disclosure to the examination committee prescribed in
paragraph (5) of that Article, along with a statement of the grounds for
non-disclosure when submitting a statement of greenhouse gas emissions.
Article 24 (Composition of Greenhouse Gas Information Disclosure
Examination Committee)
(1) An
examination committee under Article 27 (5) of the Act (hereinafter referred to
as “Greenhouse Gas Information Disclosure Examination Committee”) shall be
comprised of not more than 12 committee members including one chairperson, in
consideration of the gender of the committee members.
(2) The
chairperson of the Greenhouse Gas Information Disclosure Examination Committee
shall be the chairperson of the Greenhouse Gas Inventory and Research Center
under Article 36 (1) of the Act, and the members of the Greenhouse Gas
Information Disclosure Examination Committee shall be the following persons:
1. Five public officials each of whom is belonging to the central
administrative agency referred to in each subparagraph of Article 18 (1) and
designated respectively by the head of the relevant central administrative
agency, and one public official belonging to the Office for Government Policy
Coordination who is designated by the Minister for Government Policy
Coordination;
2. Persons with extensive knowledge of and experience in carbon
neutrality, green growth, and information disclosure who are commissioned by
the Minister of Environment through consultation with the head of the sectoral
competent agency.
(3) The term of
office of the committee members commissioned under paragraph (2) 2 shall be two
years and may be consecutively renewed only once.
(4) A majority of
the members of the Greenhouse Gas Information Disclosure Examination Committee
shall constitute a quorum, and any decision thereof shall require the
concurring vote of a majority of those present.
(5) Except as
provided in paragraphs (1) through (4), matters necessary for the composition
and operation of the Greenhouse Gas Information Disclosure Examination
Committee shall be determined by the chairperson of the Greenhouse Gas
Information Disclosure Examination Committee through resolution by the
Greenhouse Gas Information Disclosure Examination Committee.
Article 25 (Exclusion and Recusal of Members of the Greenhouse Gas
Information Disclosure Examination Committee)
(1) A member of
the Greenhouse Gas Information Disclosure Examination Committee shall be
excluded from the examination and decision of the relevant agenda item, in any
of the following cases:
1. Where a member of the Greenhouse Gas Information Disclosure
Examination Committee or his or her current or former spouse of the Greenhouse
Gas Information Disclosure Examination Committee becomes the party to the
relevant agenda item (referring to executive officers, where the party
concerned is a corporation, organization, etc.; hereafter in this paragraph the
same shall apply), or is a joint rightholder or obligor with the party to the
agenda item;
2. Where a member of Greenhouse Gas Information Disclosure
Examination Committee is or was a relative of the party to the relevant agenda
item;
3. Where a member of the Greenhouse Gas Information Disclosure
Examination Committee has provided a testimony, statement, advice, research,
service, or appraisal in relation to the relevant agenda item;
4. Where a corporation to which a member of the Greenhouse Gas
Information Disclosure Examination Committee belongs is a current or former
agency of the party to the relevant agenda item.
(2) If any member
of the Greenhouse Gas Information Disclosure Examination Committee falls under
the grounds for exclusion under each subparagraph of paragraph (1) or it is
deemed impracticable to conduct a fair examination due to his or her
circumstances, the member shall recuse himself or herself from the examination
of the relevant agenda item.
Article 26 (Dismissal of Members of Greenhouse Gas Information
Disclosure Examination Committee)
(1) The head of
the relevant agency who designates a member of the Greenhouse Gas Information
Disclosure Examination Committee under Article 24 (2) 1 may withdraw the
designation, if the relevant committee member falls under any of the following
cases:
1. If the member becomes incapable of performing his or her duties
due to mental or physical disability;
2. If the member is found to commit any misconduct related to his or
her duties;
3. If the member is deemed unsuitable as a member due to delinquency
of duties, injury to dignity, or any other reason;
4. If the member fails to recuse himself or herself despite falling
under any subparagraph of Article 25 (1);
5. If the member states that he or she finds it difficult to perform
his or her duties.
(2) The Minister
of Environment may dismiss a member commissioned under Article 24 (2) 2, if the
member falls under any subparagraph of paragraph (1).
Article 27 (Succession to Rights and Obligations of Greenhouse Gas
Emitters under Control)
(1) A greenhouse
gas emitter under control which has transferred the rights and obligations
under the main clause of Article 28 (1) of the Act (referring to the emitter
that succeed, in cases falling under the proviso of paragraph (2) of that
Article) shall report the fact of transfer of and succession to the rights and
obligations pursuant to paragraph (2) of that Article to the head of the
sectoral competent agency by electronic means, as determined and publicly
notified by the Minister of Environment.
(2) Where a
greenhouse gas emitter under control designated under Article 20 (3) is
modified as the greenhouse gas emitter under control has succeeded to the
rights and obligation pursuant to the main clause of Article 28 (1) of the Act,
the head of the sectoral competent agency shall publicly notify the details of
modification of the greenhouse gas emitter under control within one month after
the date of receipt of a report under paragraph (1), and shall notify the
Minister of Environment thereof.
(3) Except as
provided in paragraphs (1) and (2), matters necessary for the succession to the
rights and obligations of a greenhouse gas emitter under control shall be
determined and publicly notified by the Minister of Environment after
consultation with the heads of the sectoral competent agency.
Article 28 (Designation of Carbon Neutral Cities)
(1) Pursuant to
Article 29 (2) of the Act, the Minister of Environment and the Minister of
Land, Infrastructure and Transport may jointly designate a carbon neutral city
under paragraph (1) of that Article (hereinafter referred to as "carbon
neutral city").
(2) Where the
Minister of Environment and the Minister of Land, Infrastructure and Transport
intends to designate a carbon neutral city directly pursuant to Article 29 (2)
of the Act, they shall hear the opinions of the head of the competent local
government and the head of the relevant central administrative agency, and
where they intend to designate a carbon neutral city upon receipt of a request
from the head of a local government, they shall hear the opinions of the head
of the relevant central administrative agency.
(3) The head of a
local government who intends to request a designation of a carbon neutral city
pursuant to Article 29 (2) of the Act shall submit to the Minister of
Environment and the Minister of Land, Infrastructure and Transport
respectively, a written request for designation including the following
matters:
1. The necessity of designation of and the objective of development
of a carbon neutral city;
2. A project planned to be implemented and an implementation plan
for each business sector, among the projects specified in the subparagraphs of
Article 29 (2) of the Act;
3. The conditions of the relevant district under jurisdiction and an
infrastructure building plan for the development of a carbon neutral city;
4. A financing plan required for the development of a carbon neutral
city;
5. Matters regarding city planning, including utilization of land
required for the development of a carbon neutral city.
(4) Where the
Minister of Environment and the Minister of Land, Infrastructure and Transport
have designated a carbon neutral city pursuant to Article 29 (2) of the Act, they
shall report such fact to the Commission and notify without delay the head of
the relevant local government and the head of the relevant central
administrative agency thereof, and shall publicly announce the following
matters on the website of the Ministry of Environment and the Ministry of Land,
Infrastructure and Transport, respectively:
1. The scale of the project, including the location, scope, and area
of development of a carbon neutral city;
2. The grounds for designation of a carbon neutral city;
3. Details of the carbon neutral city development project and the
implementation period.
(5) The carbon
neutral city development project under Article 29 (3) of the Act shall include
each of the following matters:
1. Objectives and period of a carbon neutral city development
project;
2. Analysis of relevant conditions for the development of a carbon
neutral city;
3. Plans for linking with City/Do plans for carbon neutrality and
Si/Gun/Gu plans for carbon neutrality;
4. Plans for linking with metropolitan city plans under Article 11
(1) of the National Land Planning and Utilization Act, an urban or Gun master
plan under Article 18 (1) of that Act, and an urban or Gun management plan
under Article 24 (1) of that Act;
5. Fund-raising plans for a carbon neutral city development project.
(6) Where the
head of a local government having jurisdiction over a carbon neutral city
formulates and implements a carbon neutral city development project under
Article 29 (3) of the Act, he or she shall hear the opinions of local residents
of the relevant region in advance.
(7)
"Institution prescribed by Presidential Decree" in Article 29 (5) of
the Act means the following institutions:
1. The Korea Water Resources Corporation under the Korea Water
Resources Corporation Act (hereinafter referred to as the "Korea Water
Resources Corporation");
2. The Korea Environment Corporation;
3. The Korea Environmental Industry and Technology Institute under
the Korea Environmental Industry and Technology Institute Act (hereinafter
referred to as the “Korea Environmental Industry and Technology Institute”);
4. The Korea Agency for Infrastructure Technology Advancement under
the Act on the Promotion of Science and Technology for Land, Infrastructure and
Transportation;
5. The Korea Land and Housing Corporation under the Korea Land and
Housing Corporation Act;
6. The Korea Land and Geospatial Informatix Corporation under the
Framework Act on National Spatial Data Infrastructure;
7. The Korea Forestry Promotion Institute under Article 29-2 of the
Forestry and Mountain Villages Development Promotion Act;
8. Government-funded research institutes under the Act on the
Establishment, Operation and Fostering of Government-Funded Research Institutes
(hereinafter referred to as "government-funded research institute");
9. Research institutes under Article 8 (1) of the Act on the
Establishment, Operation and Fostering of Government-Funded Science and
Technology Research Institutes (hereinafter referred to as
"government-funded science and technology research institute").
(8) The Minister
of Environment and the Minister of Land, Infrastructure and Transport may
subsidize expenses necessary to perform the duties of a support organization
designated under Article 29 (5) of the Act within the budget.
(9) “Standards
for designation prescribed by Presidential Decree” in Article 29 (6) of the Act
means the following standards:
1. It shall promote the implementation of projects in each
subparagraph of Article 29 (2) of the Act;
2. Its implementation projects shall be linked with City/Do plans
for carbon neutrality and Si/Gun/Gu plans for carbon neutrality;
3. The project plan shall be specific and practicable and contribute
to the attainment of the mid- to long-term greenhouse gas reduction targets,
etc.
(10) The Minister
of Environment and the Minister of Land, Infrastructure and Transport shall
hear the opinions of the head of the relevant local government before revoking
the designation of a carbon neutral city under Article 29 (6) of the Act.
(11) Where the
Minister of Environment and the Minister of Land, Infrastructure and Transport
revokes designation pursuant to Article 29 (6) of the Act, they shall report
such fact to the Commission and notify the head of the relevant local
government and the head of the relevant central administrative agency thereof
without delay, and shall publicly announce the following matters on the website
of the Ministry of Environment and the Ministry of Land, Infrastructure and
Transport, respectively:
1. The grounds for revocation of the designation of a carbon neutral
city;
2. The date of designation of a carbon neutral city and the date of
revocation thereof;
3. The location of development of a carbon neutral city and the
details of the development project.
(12) Except as
provided in paragraphs (1) through (11), matters necessary for the designation
of a carbon neutral city and revocation of designation thereof and for the
formulation and implementation of a carbon neutral city development project
shall be jointly determined and publicly notified by the Minister of
Environment and the Minister of Land, Infrastructure and Transport.
Article 29 (Support for Regional Energy Conversion)
The Minister of
Trade, Industry and Energy shall formulate and implement the following policies
to support the energy conversion of local governments under Article 30 of the
Act:
1. Policies for supporting the formulation and implementation of a
regional energy plan under Article 7 of the Energy Act;
2. Policies for facilitating energy conversion and supporting the
development and diffusion of energy conversion models under Article 68 (2) 3 of
the Act;
3. Policies for supporting the increase of the level of resident
acceptance, including gathering consensus and public relations in the process
of converting regional energy;
4. Other policies deemed necessary by the Minister of Trade,
Industry and Energy for the regional energy conversion.
Article 30 (Expansion of Green Buildings)
(1)
"Buildings not below the criteria prescribed by Presidential Decree"
in Article 31 (2) of the Act means buildings specified in Article 11 (1) of the
Enforcement Decree of the Green Buildings Construction Support Act.
(2) "Public
institutions, educational institutions, etc. prescribed by Presidential
Decree" in Article 31 (6) of the Act means the following institutions:
1. Public institutions;
2. Local government-invested public corporations and local
government public corporations;
3. Government-funded research institutes and the Research Council
under Article 18 of the Act on the Establishment, Operation and Fostering of
Government-Funded Research Institutes;
4. Government-funded science and technology research institutes and the
Research Council under Article 18 of the Act on the Establishment, Operation
and Fostering of Government-Funded Science and Technology Research Institutes;
5. Local government-invested research institutes under the Act on
the Establishment and Operation of Local Government-Invested Research
Institutes (hereinafter referred to as "local government-invested research
institutes");
6. National universities and public universities under Articles 2
and 3 of the Higher Education Act.
(3) Where the
Minister of Land, Infrastructure and Transport intends to develop a new city or
redevelop a city that falls under the following subparagraphs pursuant to
Article 31 (7) of the Act, he or she shall actively supply green buildings:
1. A public housing zone development project executed in an area of
3.3 million or bigger square meters pursuant to Special Act on Public Housing;
2. An enterprise city development project executed pursuant to the
Special Act on the Development of Enterprise Cities;
3. An urban development project executed in an area of not less than
one million square meters under the Urban Development Act;
4. The Administrative City Construction Project executed pursuant to
the Special Act on the Construction of Administrative City in Yeongi-Gongju
Area for Follow-Up Measures for New Administrative Capital;
5. A housing site development project executed in an area of 3.3
million or bigger square meters under the Act on the Promotion of Housing Site
Development;
6. An innovation city development project executed pursuant to the
Special Act on the Construction and Development of Innovation Cities.
(4) For the
purpose of increasing the number of green buildings under Article 31 (8) of the
Act, the Minister of Land, Infrastructure and Transport may provide financial
support to a person who develops the following buildings:
1. A building which has obtained or intends to obtain certification
of green buildings under Article 16 of the Green Buildings Construction Support
Act;
2. A building which has obtained or intends to obtain certification
of building energy efficiency rating or certification of zero energy building
under Article 17 of the Green Buildings Construction Support Act;
3. Buildings for which the Minister of Land, Infrastructure and
Transport deems it necessary to provide support to improve energy efficiency of
the buildings, for which 10 years have elapsed since its approval for use was
granted under Article 22 of the Building Act;
4. Other buildings for which the Minister of Land, Infrastructure
and Transport deems it necessary to provide financial support to expand green
buildings.
Article 31 (Promotion of Green Transport)
(1) The Minister
of Land, Infrastructure and Transport shall formulate and implement a
greenhouse gas reduction target in the transport sector (hereinafter referred
to as "reduction targets in the transport sector") pursuant to
Article 32 (1) of the Act, in consultation with the head of the relevant
central administrative agency. In such cases, the reduction targets in the
transport sector formulated shall be reported to the Commission.
(2) The reduction
targets in the transport sector shall include the following matters:
1. The current status of greenhouse gas emissions and energy
consumption ratio by each means of transportation and fuel;
2. Five-year reduction targets in the transport sector and five-year
action plans therefor;
3. Annual reduction targets in the transport sector and action plans
therefor.
(3) The Minister
of Trade, Industry and Energy shall set the efficiency standards for average
energy consumption for motor vehicles following consultation with the Minister
of Environment and the Minister of Land, Infrastructure and Transport pursuant
to Article 32 (2) of the Act, and the Minister of Environment shall set the
permissible levels of greenhouse gas emissions from motor vehicles following
consultation with the Minister of Trade, Industry and Energy and the Minister
of Land, Infrastructure and Transport.
(4) Pursuant to
the latter part of Article 32 (2) of the Act, the Minister of Environment shall
determine and publicly notify matters necessary for the verification and
management of whether motor vehicle manufacturers under Article 46 (1) of the
Clean Air Conservation Act comply with the efficiency standards for average
energy consumption for motor vehicles or the permissible levels of greenhouse
gas emissions from motor vehicles. In such cases, the Minister of Environment
shall hear the opinions of the Minister of Trade, Industry and Energy and the
Minister of Land, Infrastructure and Transport.
(5) Where the
Minister of Land, Infrastructure and Transport devices measures to control
traffic demand under Article 32 (6) of the Act, he or she shall achieve
coherence with the following matters:
1. Implementation of an intelligent transport system establishment
project under Article 77 of the National Transport System Efficiency Act;
2. Control of traffic demand under the Urban Traffic Improvement
Promotion Act;
3. Restrictions on the operation of motor vehicles under Article 34
of the Urban Traffic Improvement Promotion Act;
4. Support for modal shift under Article 21 of the Sustainable
Transportation Logistics Development Act;
5. Restrictions on the operation of motor vehicles under Article 30
of the Sustainable Transportation Logistics Development Act;
6. Support for securing connected transport facilities, etc. under
Article 34 of the Sustainable Transportation Logistics Development Act.
(6) Where the
Minister of Land, Infrastructure and Transport devices measures to control
traffic demand relating to the promotion of coastal sea transportation, in line
with the support for modal shift under paragraph (5) 4, he or she shall have
consultation with the Minister of Oceans and Fisheries.
(7) Except as
provided in paragraphs (5) and (6), matters necessary for devising measures to
control traffic demand shall be determined and publicly notified by the
Minister of Land, Infrastructure and Transport.
Article 32 (Standards, Methods, and Procedures for Prior Approval of
International Mitigation Projects)
(1) A person who
intends to perform an international mitigation project under Article 35 (1) of
the Act (hereinafter referred to as "international mitigation
project") shall submit the head of the sectoral competent agency a project
plan containing the following matters:
1. The name of the project, the country where the project is
implemented, the details and period of the project, and participants;
2. The expected reduction amount of greenhouse gas emissions and
methods and grounds for calculation;
3. Methods and plans of monitoring under Article 35 (2) of the Act.
(2) Where the
head of the sectoral competent agency in receipt of a project plan submitted
under paragraph (1) intends to grant a prior approval under Article 35 (1) of
the Act, he or she shall grant such approval following deliberation by the
International Mitigation Council established under Article 33 (1).
(3) The
International Mitigation Council established under Article 33 (1) shall
consider the following matters in deliberating prior approval pursuant to paragraph
(2):
1. Sustainability, environmentability, measurability, and
verifiability of international mitigation outcomes under Article 35 (3) of the
Act (hereinafter referred to as "international mitigation outcomes");
2. Methods of implementing international mitigation projects and
appropriateness of monitoring under Article 35 (2) of the Act;
3. Implementability according to the conditions of approval of
international mitigation projects in a country where the international
mitigation project is implemented.
(3) If an
international mitigation project for which prior approval has been granted
under paragraph (2) falls under any of the following cases, the head of the
sectoral competent agency may revoke such prior approval upon deliberation by
the International Mitigation Council under Article 33 (1): Provided, That the
head of the sectoral competent agency shall revoke such approval if the project
falls under subparagraph 1:
1. If a project implementer obtains prior approval of an
international mitigation project by fraud or other improper means;
2. If a project implementer fails to implement the relevant
international mitigation project without good cause within one year from the
date prior approval is granted;
3. If an international mitigation project which obtained prior
approval becomes invalid according to the Paris Agreement;
4. If it is impracticable to regard the relevant international
mitigation project as an additional effort beyond the activities expected in
general business management conditions, in light of the amendment to the
statutes or regulations or development of technology, etc.
(5) Where the
head of the sectoral competent agency grants prior approval of an international
mitigation project pursuant to paragraph (2) or revokes such approval pursuant
to paragraph (4), he or she shall notify the person who has obtained the prior
approval (hereinafter referred to as "international mitigation project
implementer") and the Minister of Environment of such fact without delay.
(6) Except as
provided in paragraphs (1) through (5), detailed matters regarding the
standards, methods, and procedures for prior approval shall be publicly
notified by the Minister for Government Policy Coordination after deliberation
by the International Mitigation Council under Article 33 (1).
Article 33 (International Mitigation Council)
(1) The
International Mitigation Council shall be established under the Office for
Government Policy Coordination (hereinafter referred to as “International
Mitigation Council”) to deliberate on and coordinate matters regarding
international mitigation projects.
(2) The
chairperson of the International Mitigation Council shall be appointed by the
Minister for Government Policy Coordination from among public officials in
political service belonging to the Office for Government Policy Coordination,
and the members of the International Mitigation Council shall be appointed by
the head of the relevant agency from among public officials who are members of
the Senior Executive Service belonging to the Ministry of Economy and Finance,
the Ministry of Foreign Affairs, the Ministry of Agriculture, Food and Rural
Affairs, the Ministry of Trade, Industry and Energy, the Ministry of
Environment, the Ministry of Land, Infrastructure and Transport, the Ministry
of Oceans and Fisheries, and the Office for Government Policy Coordination.
(3) Where it is
necessary for deliberation, the International Reduction Council may hear the opinion
of experts in the field of greenhouse gas reduction.
(4) Except as
provided in paragraphs (1) through (3), matters necessary for the composition
and operation of the International Mitigation Council shall be determined by
the chairperson of the International Mitigation Council following resolution by
the International Mitigation Council.
Article 34 (Reporting on International Mitigation Projects)
(1) After
conducting monitoring under Article 35 (2) of the Act, an international
mitigation project implementer shall report it to the head of the sectoral
competent agency, along with the following documents: Provided, That where the
international mitigation outcomes of an international mitigation project
implementer fall in the category of the mitigation of greenhouse gas emissions
under Article 6 (4) of the Paris Agreement, the relevant Agreement shall apply:
1. A monitoring report prepared by an international mitigation
project implementer under Article 35 (2) of the Act;
2. A verification report by a verification institution;
3. Other documents deemed by the Minister for Government Policy
Coordination as necessary for reporting on international mitigation outcomes,
which are determined by the public notice of the Minister for Government Policy
Coordination in consultation with the head of the sectoral competent agency.
(2) Except as
provided in paragraph (1), detailed matters necessary for reporting on the
international mitigation outcomes shall be publicly notified by the Minister
for Government Policy Coordination following deliberation by the International
Mitigation Council.
Article 35 (International Mitigation Register)
(1) The Minister
of Environment shall prepare and manage an international mitigation register
under Article 35 (3) of the Act (hereinafter referred to as "international
mitigation register") by electronic means, in order to register and manage
the international mitigation projects previously approved under Article 35 (1)
of the Act and the international mitigation outcomes reported under paragraphs
(3) and (4) of that Article.
(2) The
international mitigation outcomes shall be registered in the unit of one international
mitigation outcome converted from 1tCO2-eq according to the Global Warming
Potential.
(3) The
international mitigation register may be linked to a reporting platform built
in accordance with Article 6 of the Paris Agreement and Decisions adopted by
the Conference of the Parties to the Paris Agreement.
Article 36 (Reporting on Acquisition, Trading, and Extinction of
International Mitigation Outcomes)
(1) An
international mitigation project implementer who has acquired international
mitigation outcomes under Article 35 (3) of the Act shall report his or her
acquisition to the head of the sectoral competent agency by electronic means,
through the international mitigation register.
(2) Where an
international mitigation project implementer trades international mitigation
outcomes by transactions or other means pursuant to the main clause of Article
35 (4) of the Act, he or she shall report the fact of trading or extinction of
international mitigation outcomes to the Minister of Environment by electronic
means through the international mitigation register.
(3) Where a
project implementer trades international mitigation outcomes pursuant to
Article 35 (4) of the Act, 1tCO2-eq referred to in Article 35 (2) shall be one
international mitigation outcome, which shall serve as the minimum unit of
trading of international mitigation outcomes.
(4) Except as
provided in paragraphs (1) through (3), detailed matters regarding the methods
of reporting on the acquisition, trading, and extinction of international mitigation
outcomes shall be publicly notified by the Minister for Government Policy
Coordination after deliberation by the International Mitigation Council.
Article 37 (Prior Approval for Transfer of International Mitigation
Outcomes)
(1) A
international mitigation project implementer who intends to transfer
international mitigation outcomes abroad or to the Republic of Korea pursuant
to the proviso of Article 35 (4) of the Act shall file an application for prior
approval by electronic means with a person specified in the relevant
subparagraph:
1. Where the international mitigation project implementer intends to
transfer international mitigation outcomes reported and registered under
Article 35 (3) of the Act to the Republic of Korea, which have not been transferred
to the Republic of Korea: The head of the sectoral competent agency;
2. Where the international mitigation project implementer intends to
transfer international mitigation outcomes abroad or to the Republic of Korea
for grounds other than those referred to in subparagraph 1: The Minister of
Environment.
(2) The head of
the sectoral competent agency or the Minister of Environment upon receipt of an
application under paragraph (1) shall determine whether to grant prior approval
through deliberation by the International Mitigation Council and notify the
applicant of the results of determination without delay.
(3) Except as
provided in paragraphs (1) and (2), matters regarding the standards and
procedures for prior approval for the transfer of international mitigation
outcomes shall be publicly notified by the Minister for Government Policy
Coordination after deliberation by the International Mitigation Council.
Article 38 (Institution in Charge of International Mitigation
Projects)
(1) The head of
the relevant central administrative agency may designate an institution
exclusively in charge of international mitigation projects in order to support
international mitigation projects.
(2) The head of
the relevant central administrative agency may fully or partially subsidize
expenses incurred in supporting the institution exclusively in charge of
international mitigation projects designated under paragraph (1) within the
budget.
Article 39 (Establishment and Management of National Greenhouse
Management System)
(1) The
Greenhouse Gas Inventory and Research Center under Article 36 (1) of the Act
(hereinafter referred to as "GIR") shall perform the following
duties:
1. Establishment and operation of a National Greenhouse Management
System (hereinafter referred to as "NGMS") under Article 36 (1) of
the Act;
2. Development, analysis, verification, preparation, and management
of various information and statistics on greenhouse gases including greenhouse
gas emissions and absorptions, and emission and absorption coefficient, and the
establishment and operation of an information system thereof in each country
and region;
3. Cooperation and support for the affairs under Articles 17 through
23 and provision of relevant information and statistics to the relevant central
administrative agencies and local governments;
4. Cooperation with international organizations, groups, and
developing countries related to the establishment of NGMS.
(2) For the
efficient operation of NGMS, the National Statistics Management Committee and a
regional statistics management committee shall be established in GIR.
(3) The Vice
Minister of Environment shall serve as the chairperson of the National
Statistics Management Committee under paragraph (2), and the committee members
shall be appointed or commissioned by the chairperson from among the following
persons. In such cases, the committee members specified in subparagraph 2 shall
be commissioned in consideration of gender:
1. Persons nominated by the head of a relevant central administrative
agency from among members of the Senior Executive Service of the relevant
central administrative agency;
2. Persons having abundant knowledge of and experience in greenhouse
gas statistics.
(4) The president
of GIR shall serve as the chairperson of a regional statistics management
committee under paragraph (2), and the committee members shall be appointed or
commissioned by the chairperson from among the following persons. In such
cases, the committee members referred to in subparagraph 2 shall be commissioned
in consideration of gender:
1. A person nominated by the head of the relevant local government,
who is positioned in the class equivalent to the deputy minister of office,
director general of bureau, or deputy minister placed in the head office
pursuant to Article 10 and attached Table 2 or Article 12 or attached Table 7
of the Regulations on Administrative Organizations of Local Governments and
Standards for the Prescribed Number of Their Personnel of the City/Do;
2. A person having abundant knowledge of and experience in the
statistics of greenhouse gases.
(5) The term of
office of the committee members falling under paragraphs (3) 2 and (4) 2 shall
be two years.
(6) The
chairperson of the National Statistics Management Committee under paragraph (3)
and the chairperson of a regional statistics management committee under
paragraph (4) may dismiss a committee member commissioned pursuant to paragraph
(3) 2 or (4) 2 if the member falls under any of the following cases:
1. If the member becomes incapable of performing his or her duties
due to mental or physical disability;
2. If the member is found to have committed any misconduct related
to his or her duties;
3. If the member is deemed unsuitable as a committee member due to
neglect of duties, injury to dignity, or any other reasons;
4. If the member voluntarily admits that it is difficult for him or
her to perform his or her duties.
(7) Except as
provided in paragraphs (3) through (6), detailed matters regarding the
composition and operation of the National Statistics Management Committee and
regional statistics management committees under paragraph (2) shall be
determined by the Minister of Environment.
(8) The head of a
central administrative agency classified as follows shall submit the data and
statistics on greenhouse gases in each sector specified in the relevant
subparagraphs to GIR by March 31 every year pursuant to Article 36 (2) of the
Act:
1. The Minister of Agriculture, Food and Rural Affairs: Agriculture,
livestock, and forestry sectors;
2. The Minister of Trade, Industry and Energy: Energy and industrial
process sectors;
3. The Minister of Environment: Waste and inland wetlands sectors;
4. The Minister of Land, Infrastructure and Transport: Buildings,
regular settlement, and transportation (excluding marine transportation and
port) sectors;
5. The Minister of Oceans and Fisheries: Oceans, fisheries, marine
transportation, port, and coastal wetlands sectors.
(9) A Mayor/Do
Governor and the head of a Si/Gun/Gu shall submit the data and statistics on
greenhouse gases in the following sectors in the relevant regions to GIR by
March 31 every year pursuant to Article 36 (3) of the Act:
1. The energy sector;
2. The industrial process sector;
3. The agriculture, land use, and forestry sectors;
4. The wastes sector.
(10) The Minister
of Environment may provide assistance, such as training and education of
professional human resources, consulting services, and provision of information
related to the analysis of statistics to help a Mayor/Do Governor and the head
of a Si/Gun/Gu to smoothly compile the data and statistics under paragraph (9).
(11) Pursuant to
Article 36 (5) of the Act, GIR shall publish the results of analysis and
verification of the data and statistics submitted under paragraphs (8) and (9)
on its website by December 31 each year.
(12) Where it is
necessary to efficiently operate GIR, the Minister of Environment may request
the following institutions to provide support, such as offering human resources
and information and conducting analysis (limited to offering information in
cases of the institutions referred to in subparagraph 5), in consultation with
the heads of relevant institutions:
1. Central administrative agencies, local governments, and their
affiliated institutions;
2. Government-funded research institutes;
3. Government-funded science and technology research institutes;
4. Public institutions;
5. Energy suppliers and corporations or organizations comprised of
energy suppliers under the Energy Act.
(13) The Minister
of Environment and the Minister of Land, Infrastructure and Transport may
formulate and manage spatial data and maps reflecting therein the regional or
spatial data on greenhouse gas emissions and absorption, etc.
CHAPTER VI CLIMATE CRISIS ADAPTATION
POLICY MEASURES
Article 40 (Monitoring and Forecasting of Climate Crisis)
(1) The Minister
of Environment and the Administrator of the Korea Meteorological Administration
shall regularly measure and survey changes in greenhouse gas concentrations in
the atmosphere pursuant to Article 37 (1) of the Act and disclose the relevant
information on the website of the Ministry of Environment and the Korea
Meteorological Administration, respectively.
(2) The
Administrator of the Korea Meteorological Administration shall establish and
operate a meteorological data management system under Article 37 (1) of the Act
and exercise general supervision over, and provide support for, the affairs
related to monitoring and forecast of climate crisis.
(3) The Minister
of Environment shall establish and operate a climate crisis adaptation data
management system under Article 37 (2) of the Act (hereinafter referred to as
"climate crisis adaptation data management system").
(4) If necessary
to facilitate the establishment and operation of a meteorological data
management system under Article 37 (1) of the Act and a climate crisis
adaptation data management system, the head of the relevant central
administrative agency shall provide full cooperation, such as providing
information in the competent sector.
Article 41 (Formulation and Implementation of National Climate
Crisis Adaptation Measures)
(1) The Minister
of Environment shall formulate and implement national measures for adaptation
to climate crisis (hereinafter referred to as "climate crisis adaptation
measures") under Article 38 (1) of the Act, in consultation with the heads
of the relevant central administrative agencies.
(2) "Matters
prescribed by Presidential Decree" in Article 38 (2) 6 of the Act means
matters regarding promotion of a nationwide green life campaign under Article
67 (1) of the Act in connection with climate crisis adaptation measures.
(3) "Where
minor matters prescribed by Presidential Decree are modified" in the
proviso of Article 38 (3) of the Act means a partial modification of the
details of sectoral and regional adaptation measures for climate crisis under
paragraph (2) 3 of that Article, or of matters regarding an organizing
institution or related institutions, etc., to the extent of not affecting the
essential content of climate crisis adaptation measures.
(4) The Minister
of Environment shall exercise general supervision over and coordinate the
affairs regarding the formulation and implementation of a detailed action plan
under Article 38 (4) of the Act (hereinafter referred to as "detailed
action plan for adaptation measures").
(5) The Minister
of Environment may organize and operate a consultative body comprised of public
officials who are members of the Senior Executive Service of the relevant
central administrative agencies for the efficient establishment and operation
of a climate crisis adaptation data management system and the formulation and
implementation of climate crisis adaptation measures and detailed action plans
for adaptation measures.
(6) The head of
the related central administrative agency shall formulate or modify a detailed
action plan for adaptation measures, including the following matters, within
three months from the date the climate crisis adaptation measures are
formulated or modified pursuant to Article 38 (1) and (3) of the Act:
1. Domestic and international trends in the competent sectors;
2. Implementation progress and performance records;
3. Policy objectives and detailed implementation tasks in the
competent sectors;
4. Annual action plans in the competent sectors;
5. Other matters necessary for the implementation of climate crisis
adaptation measures.
Article 42 (Inspection of Implementation Progress of Climate Crisis
Adaptation Measures)
(1) The Minister
of Environment shall inspect the implementation progress of the previous year
of climate crisis adaptation measures and detailed action plans for adaptation
measures under Article 39 (1) of the Act, and shall prepare a report on the
inspection results and disclose it on the website of the Ministry of
Environment by December 31 of every year after deliberation by the Commission.
(2) The Minister
of Environment shall formulate an inspection plan including the following
matters and notify the heads of the relevant central administrative agencies
thereof to inspect the implementation progress of climate crisis adaptation
measures and detailed action plans for adaptation measures under paragraph (1):
1. Subject matters and schedule of inspection;
2. Methods of preparation of performance records;
3. Methods of selection of exemplary cases;
4. Other matters deemed by the Minister of Environment as necessary
for inspection.
Article 43 (Formulation and Implementation of Regional Adaptation
Measures for Climate Crisis)
(1) "Where
minor matters prescribed by Presidential Decree are modified" in the
proviso of Article 40 (2) of the Act means a partial modification of the
details of regional adaptation measures for climate crisis, or matters
regarding an organizing institution or related institutions, etc., to the
extent of not affecting the essential content of climate crisis adaptation
measures in the district under jurisdiction under paragraph (1) of that Article
(hereinafter referred to as "regional adaptation measures for climate
crisis”).
(2) A Mayor/Do
Governor or the head of a Si/Gun/Gu shall consult with the Minister of
Environment before undergoing deliberation by the relevant local commission in
the following cases:
1. Where he or she formulates or modifies regional adaptation
measures for climate crisis pursuant to Article 40 (1) and (2) of the Act
(excluding modification of minor matters under the proviso of paragraph (2) of
that Article);
2. Where he or she prepares a report on the inspection results under
Article 40 (4) of the Act.
(3) The Minister
of Environment may hear the opinion of the related specialized institutions,
such as Korea Adaptation Center for Climate Change under Article 46 (1) of the
Act, when he or she has consultations under paragraph (2).
(4) A Mayor/Do
Governor shall submit a report on the inspection results under Article 40 (4)
of the Act to the Minister of Environment, and the head of a Si/Gun/Gu to the
Minister of Environment and the competent Mayor/Do Governor respectively, by
April 30 of each year.
(5) Pursuant to
Article 40 (4) of the Act, the Minister of Environment shall compile the
reports on the inspection results submitted under paragraph (4) and report them
to the Commission by May 31 of each year.
(6) Except as
provided in paragraphs (1) through (5), matters necessary for the formulation,
modification, inspection of implementation, etc. of regional adaptation
measures for climate crisis shall be prescribed and publicly notified by the
Minister of Environment.
Article 44 (Public Institutions’ Adaptation Measures for Climate
Crisis)
(1) The Minister
of Environment shall exercise general supervision over the affairs regarding the
formulation and implementation of public institutions’ measures for climate
crisis under Article 41 (1) of the Act (hereinafter referred to as "public
institutions’ adaptation measures for climate crisis") and the management
of performance records thereof.
(2)
"Institution prescribed by Presidential Decree, such as public
institutions that have and manage the facilities vulnerable to climate
crisis" in Article 41 (1) of the Act means public institutions or local
public enterprises under the Local Public Enterprises Act, which are determined
and publicly notified by the Minister of Environment from among the
institutions that have and manage the following facilities:
1. Traffic and transportation sector: Roads, railroads, subways,
airports, and harbors;
2. Energy sector: Energy production, and distribution and supply of
energy;
3. Water supply sector: Water supply, dams, and reservoirs;
4. Environment sector: Sewage, waste treatment, and radioactive
waste disposal;
5. Facilities in the sectors publicly notified by the Minister of
Environment as he or she deems it necessary to formulate public institutions’
adaptation measures for climate crisis, other than the sectors specified in
subparagraphs 1 through 4.
(3) Where the
Minister of Environment intends to determine and publicly notify an institution
under paragraph (2) (hereinafter referred to as "institution vulnerable to
climate crisis"), he or she shall hear the opinions of the heads of
relevant central administrative agencies and the head of the competent local
government in advance.
(4) The public
institutions’ adaptation measures for climate crisis shall include the
following:
1. General status and major business affairs of the institutions;
2. Survey, analysis, and prospect of the impacts of climate change
and assessment of the risk of climate change related to the operation and
management of facilities of the institutions;
3. Institutions’ plans for adaptation to climate crisis and matters
necessary for the implementation and management thereof.
(5) The head of
an institution vulnerable to climate crisis shall formulate public
institutions’ adaptation measures for climate crisis within one year from the
date the Minister of Environment publicly notifies under the provisions, with
the exception of the subparagraphs, of paragraph (2), and shall submit such
measures to the Minister of Environment, the heads of the relevant central
administrative agencies, and the heads of the competent local governments
without delay.
(6) The Minister
of Environment, the head of the relevant central administrative agency, and the
head of a competent local government may review the public institutions’
adaptation measures for climate crisis submitted under paragraph (5) and, if
necessary, may request the head of the relevant institution vulnerable to
climate crisis to supplement them.
(7) The Minister
of Environment may provide administrative and technical support necessary for
the formulation and implementation of public institutions’ adaptation measures
for climate crisis and preparation of performance records to the institutions
vulnerable to climate crisis.
Article 45 (Implementation of Regional Climate Crisis Response
Projects)
(1) For the
purpose of implementing a regional climate crisis response project under
Article 42 (1) of the Act, the head of a local government may formulate a plan
for regional climate crisis response projects, including the following matters:
1. Current status and challenges of climate crisis in each region;
2. Objectives, content, scale, and scope of the project;
3. Implementation strategy and feasibility of the project;
4. Fund-raising plans for the implementation of the project;
5. Plans for inspection and management of implementation progress of
the project.
(2)
"Institution prescribed by Presidential Decree" in Article 42 (3) of
the Act means any of the following institutions:
1. The Korea Water Resources Corporation;
2. The Korea Environment Corporation;
3. The Korea Environmental Industry and Technology Institute;
4. Government-funded research institutes;
5. Other institutions deemed by the head of the relevant central
administrative agency as to have professional human resources and organizations
necessary to support regional climate crisis response projects.
(3) The head of
an institution designated as a support organization under Article 42 (3) of the
Act (hereinafter referred to as "support organization for climate
crisis") shall submit the results of business performance of the previous
year and a business plan for the relevant year to the head of the relevant
central administrative agency by the end of February of each year.
(4) Where the
head of the relevant central administrative agency designates a support
organization for climate crisis pursuant to Article 42 (3) of the Act, he or
she shall make a public announcement of the name and scope of business of the
support organization for climate crisis in the Official Gazette and on the
website of the relevant agency.
(5) If a support
organization for climate crisis falls under any of the following cases, the
Minister of Environment may revoke the designation of the support organization
for climate crisis pursuant to Article 42 (4) of the Act: Provided, That the
Minister of Environment shall revoke the designation, in cases falling under
subparagraph 1:
1. Where it is designated by fraud or other improper means;
2. Where it performed its business affairs in violation of any of
designated matters.
(6) Upon revoking
the designation of a support organization for climate crisis pursuant to
paragraph (5), the head of the relevant central administrative agency shall make
a public announcement of such fact in the Official Gazette and on the website
of the relevant agency.
Article 46 (Management of Green Homeland)
(1) "Plans
prescribed by Presidential Decree" in Article 44 (1) 3 of the Act means
the plans specified in attached Table 3.
(2) "Plans
prescribed by Presidential Decree, such as a comprehensive national land plan,
and a five-year balanced national development plan under the Special Act on
Balanced National Development" in Article 44 (3) of the Act means the
following plans:
1. A comprehensive national land plan under Article 9 (1) of the
Framework Act on the National Land and a Do comprehensive plan under Article 13
(1) of that Act;
2. A five-year balanced national development plan under Article 4
(1) of the Special Act on Balanced National Development;
3. A Seoul metropolitan area readjustment plan under Article 4 (1)
of the Seoul Metropolitan Area Readjustment Planning Act.
Article 47 (Designation and Evaluation of Korea Adaptation Center
for Climate Change)
(1) The Minister
of Environment may designate and operate the following institutions or
organizations as Korea Adaptation Center for Climate Change pursuant to Article
46 (1) of the Act (hereinafter referred to as "Korea Adaptation Center for
Climate Change"):
1. National or public research institutes;
2. Government-funded research institutes;
3. The Korea Environment Corporation;
4. Other institutions or organizations deemed and publicly notified
by the Minister of Environment as to have the capabilities to support the
formulation and implementation of climate crisis adaptation measures.
(2) The period of
designation of Korea Adaptation Center for Climate Change shall be within three
years.
(3)
"Projects ... prescribed by Presidential Decree" in Article 46 (2) of
the Act means each of the following projects:
1. Survey and research projects to implement the following measures
or plans:
(a) Climate crisis adaptation measures;
(b) Detailed action plans for adaptation measures;
(c) Regional adaptation measures for climate crisis;
2. Projects to support the formulation and implementation of climate
crisis adaptation measures and to promote cooperation with relevant agencies;
3. International exchange, education, and public relations for
adaptation to climate crisis;
4. Projects to support the establishment and operation of the
climate crisis adaptation data management system;
5. Projects to support surveys and research, technology development,
and specialized institutions, and the establishment of domestic and
international cooperation systems under Article 37 (3) of the Act;
6. Projects entrusted by the State, local governments, or public
institutions in connection with projects referred to in subparagraphs 1 through
5.
(4) The Minister
of Environment may evaluate the performance records, etc. under Article 46 (3)
of the Act according to the following classifications:
1. Periodic evaluation: To annually evaluate the previous year’s
business performance records, etc. of Korea Adaptation Center for Climate
Change;
2. Comprehensive evaluation: To evaluate the overall operation of
Korea Adaptation Center for Climate Change in the last year of the designation
period.
(5) The Minister
of Environment may organize and operate an evaluation group for Korea
Adaptation Center for Climate Change comprised of relevant experts, for the
purpose of conducting an evaluation under paragraph (4) (hereinafter referred
to as “evaluation group for Korea Adaptation Center for Climate Change”).
(6) The
evaluation group for Korea Adaptation Center for Climate Change shall be
comprised of not more than 10 members, including one chief, no later than two
months before the scheduled evaluation date.
(7) The chief of
the evaluation group for the Korea Adaptation Center for Climate Change shall
be a senior executive in charge of affairs regarding adaptation to climate
crisis who belongs to the Minister of Environment, and the members of the
evaluation group of Korea Adaptation Center for Climate Change shall be
commissioned by the Minister of Environment, among persons with extensive
knowledge of and experience in climate crisis adaptation measures, etc.
(8) Where the
Minister of Environment intends to conduct an evaluation under paragraph (4),
he or she shall determine the evaluation methods and schedule according to the
classifications in each subparagraph of that paragraph and notify Korea
Adaptation Center for Climate Change of such methods and schedule.
(9) The Minister
of Environment may reflect the evaluation results under paragraph (4) when
providing support under Article 46 (4) of the Act.
CHAPTER VII JUST TRANSITION
Article 48 (Survey of Impacts on Employment Status)
(1) The Minister
of Employment and Labor shall survey the impacts on employment status, such as
unemployment that occurs in the course of transition to a carbon neutral
society, every five years pursuant to Article 47 (2) of the Act: Provided, That
an additional survey may be conducted in cases where the Minister of Employment
and Labor deems it necessary, such as where business conversion and structural
unemployment cause serious damage in the course of transition to a carbon
neutral society.
(2) For the
purpose of conducting a survey under paragraph (1), the Minister of Employment
and Labor shall formulate a survey plan that includes subject matters, methods
of survey, etc.
(3) When the
Minister of Employment and Labor formulates a survey plan under paragraph (2),
he or she shall hear the opinions of interested parties, such as social groups
vulnerable to climate crisis, and residents and industrial circles in a region
experiencing the aggravation of social and economic inequalities.
(4) Pursuant to
Article 47 (2) of the Act, the Minister of Employment and Labor shall formulate
and implement support measures including matters specified in the following
subparagraphs, reflecting the survey results under paragraph (1), and report
such fact to the Commission without delay:
1. Development and operation of programs for employment assistance,
support for job-seeking activities, and vocational skills development training;
2. Support for livelihood of the unemployed;
3. Other support deemed necessary and publicly notified by the
Minister of Employment and Labor to support regions or industries experiencing
the aggravation of social and economic inequalities in the course of transition
to a carbon neutral society.
Article 49 (Designation of Special District for Just Transition)
(1) Where a Mayor/Do
Governor intends to designate an administrative district under jurisdiction as
a special district for just conversion under Article 48 (1) of the Act
(hereinafter referred to as "special district for just transition"),
he or she shall submit an application containing the following matters to the
Minister of Trade, Industry and Energy and the Minister of Employment and
Labor, respectively:
1. Administrative districts subject to designation;
2. Data for review on whether the relevant district meets the criteria
specified in each subparagraph of Article 48 (1) of the Act;
3. A self-plan for regional industries, employment, and economic
recovery;
4. Details of support necessary for regional industries, employment,
and economic recovery.
(2) The Minister
of Trade, Industry and Energy and the Minister of Employment and Labor upon
receipt of an application filed under paragraph (1) may jointly designate a
special district for just transition, following consultation with the relevant
central administrative agency before deliberation by the Commission pursuant to
Article 48 (1) of the Act.
(3) The period of
designation of a special district for just transition shall be within two
years.
(4) The Minister
of Trade, Industry and Energy and the Minister of Employment and Labor may
extend the period of designation within the extent of two years after reviewing
the regional industrial, employment, and economic conditions, etc. in the
regions designated as a special district for just transition: Provided, That
the total period of designation shall not exceed five years.
(5) The Minister
of Trade, Industry and Energy and the Minister of Employment and Labor may
organize a survey team comprised of public officials belonging to the Ministry
of Trade, Industry and Energy, the Ministry of Employment and Labor, and the
relevant central administrative agencies, and experts, etc. in the fields of
company, micro enterprise, industry, employment, labor, region, etc., and may
conduct an on-site inspection and collect data to review whether to designate a
special district for just transition.
(6) Where the
Minister of Trade, Industry and Energy and the Minister of Employment and Labor
formulate support measures pursuant to Article 48 (2) of the Act, they shall
undergo consultation with the heads of the relevant central administrative
agencies, and report the formulated support measures to the Commission.
(7) "Area
meeting the requirements prescribed by Presidential Decree" in Article 48
(1) 2 of the Act means a region where companies directly affected by carbon
neutral policies are experiencing or are expected to experience deterioration,
etc. of the business environment.
(8) The head of
the relevant central administrative agency and a Mayor/Do Governor or the head
of a Si/Gun/Gu having jurisdiction over an area designated as a special
district for just transition shall formulate an action plan to implement
support measures under Article 48 (2) of the Act and submit it to the Minister
of Trade, Industry and Energy and the Minister of Employment and Labor,
respectively.
(9) Upon receipt
of an action plan under paragraph (8), the Minister of Trade, Industry and
Energy and the Minister of Employment and Labor shall jointly report the plan
to the Commission.
(10) A Mayor/Do
Governor having jurisdiction over an area designated as a special district for
just transition shall prepare an annual report on the current status of
operation of the relevant special district for just transition, outcomes and
effects of support measures, etc. and submit it to the Minister of Trade, Industry
and Energy and the Minister of Employment and Labor, respectively.
(11) "If
there are any grounds prescribed by Presidential Decree, such as where grounds
for designation under paragraph (1) cease to exist" in Article 48 (3) of
the Act means the following cases:
1. Where the grounds for designation under each subparagraph of
Article 48 (1) of the Act cease to exist;
2. Where it becomes unnecessary to designate a special district for
just transition thanks to the effects of implementation of support measures
under Article 48 (2) of the Act.
(12) Where the
Minister of Trade, Industry and Energy and the Minister of Employment and Labor
designates, modifies, or revokes a special district for just transition
pursuant to Article 48 (1) and (3) of the Act, they shall jointly publicly
notify the following matters:
1. Location of a special district for just transition;
2. Grounds for designation, modification, or revocation of a special
district for just transition;
3. Major content of support measures for a special district for just
conversion (limited to cases where a special district for just transition is
designated).
(13) Except as
provided in paragraphs (1) through (12), matters necessary for the designation,
modification, or revocation of a special district for just transition, details
and methods of support for a special district for just transition, etc. shall
be jointly publicly notified by the Minister of Trade, Industry and Energy and
the Minister of Employment and Labor, in consultation with the heads of the
relevant central administrative agencies.
Article 50 (Support for Business Conversion)
(1) "Types
of business prescribed by Presidential Decree" in Article 49 (1) of the
Act means the type of business determined and publicly notified by the Minister
of SMEs and Startups, such as the types of business emitting large amount of
greenhouse gases.
(2) Types of
business falling under the green industry under Article 49 (1) of the Act shall
be the types of business deemed as requiring support for business conversion
and publicly notified by the Minister of SMEs and Startups, in the green
industry.
(3) A business
entity who intends to request support for business conversion pursuant to
Article 49 (1) of the Act shall file an application for support including the
following matters with the Minister of SMEs and Startups:
1. The type of business currently in operation and the type of
business intended for conversion;
2. A business conversion plan.
(4) Upon receipt
of an application for support pursuant to paragraph (3), the Minister of SMEs
and Startups shall conduct an on-site inspection of the relevant place of
business and determine whether to provide support: Provided, That if it is
deemed unnecessary to conduct an on-site inspection, such inspection may be omitted.
(5) The type and
scope of support under Article 49 (2) of the Act shall be as follows:
1. Provision of information on the business conversion;
2. Provision of consulting services necessary for business
conversion;
3. Support, such as loans for funds necessary for the business
conversion;
4. Other support deemed by the Minister of SMEs and Startups as
necessary to facilitate business conversion.
(6) The scope of
and methods and procedures for on-site inspections conducted under paragraph
(4), and other necessary matters shall be determined and publicly notified by
the Minister of SMEs and Startups.
Article 51 (Minimization of Risk of Property Loss)
(1)
"Enterprise, whose greenhouse gas emissions meet or exceed the criteria
prescribed by Presidential Decree" in Article 50 (1) of the Act means an
enterprise whose annual average of total greenhouse gas emissions for the last
three years is not less than 50,000 tCO2-eq or which owns at least one place of
business with the annual average greenhouse gas emissions of not less than
15,000 tCO2-eq.
(2) The Minister
of Trade, Industry and Energy shall prepare support policy measures including
the following matters pursuant to Article 50 (1) of the Act and report the
support measures to the Commission:
1. Consulting services for business conversion;
2. Support for research and development of business subject to
conversion;
3. Financial and monetary support for expenses for business
conversion.
Article 52 (Revitalization of Cooperatives)
Pursuant to Article
52 (1) of the Act, the Government may provide the cooperatives and social
cooperatives with the following support:
1. Support for business management under Article 10-2 of the
Framework Act on Cooperatives;
2. Support for education and training under Article 10-3 of the
Framework Act on Cooperatives;
3. Preferential purchase by public institutions under Article 95-2
of the Framework Act on Cooperatives.
Article 53 (Establishment and Operation of Just Transition Support
Centers)
(1) Pursuant to
Article 53 (1) of the Act, the Minister of Trade, Industry and Energy and the
Minister of Employment and Labor may establish a just transition support center
under Article 53 (1) of the Act (hereinafter referred to as "just
transition support center") in each of the following institutions:
1. The Korea Institute for Advancement of Technology established
under Article 38 of the Industrial Technology Innovation Promotion Act;
2. The Korea Employment Information Service established under
Article 18 of the Framework Act on Employment Policy;
3. Other institutions publicly notified by the Minister of Trade,
Industry and Energy and the Minister of Employment and Labor through
consultations between them, which have expertise in the industries and regions
experiencing the aggravation of social and economic inequalities in the course
of transition to a carbon neutral society.
(2) Where the
Minister of Trade, Industry and Energy and the Minister of Employment and Labor
intends to establish a just conversion support center pursuant to paragraph
(1), they shall formulate an establishment plan and report it to the
Commission.
(3) A Mayor/Do
Governor having jurisdiction over an area designated as a special district for
just conversion may establish a just transition support center under Article 53
(1) of the Act, as prescribed by municipal ordinance.
(4) "Matters
prescribed by Presidential Decree" in Article 53 (2) 6 of the Act means
the following:
1. Survey and research on the domestic and international trends of
promoting just transition;
2. Fostering of substitute industries in each region and industry;
3. Support for the linkage and adjustment of projects related to job
creation by the Government and local governments;
4. Search and promotion of projects for the industries, employment,
regional economic recovery, etc. of special districts for just transition.
(5) A just
transition support center shall submit its performance records of the previous
year and the business plan for the relevant year to the Minister of Trade,
Industry and Energy, the Minister of Employment and Labor, and the competent
Mayor/Do Governor, respectively, by January 31 of each year.
(6) Except as
provided in paragraphs (1) through (5), matters necessary for the
establishment, operation, etc. of a just transition support center shall be
jointly determined and publicly notified by the Minister of Trade, Industry and
Energy and the Minister of Employment and Labor after consultation with the
heads of the relevant central administrative agencies.
CHAPTER VIII POLICY MEASURES FOR GREEN
GROWTH
Article 54 (Promotion of Green Management of Small and Medium
Enterprises)
The Minister of
SMEs and Startups shall formulate an annual implementation plan to promote
green technology and green management of small and medium enterprises pursuant
to Article 55 of the Act, and shall report it to the Commission and implement
the plan.
Article 55 (Recommendation for Correction and Presentation of
Opinions)
(1) The
Commission may hear the opinion of experts or specialized institutions in the
fields of green technology and green industry on the results of the survey of
grievances, when it recommends corrective measures or presents its opinions
pursuant to Article 59 (5) of the Act.
(2) The
recommendation for correction or presentation of opinions under Article 59 (5)
of the Act shall be provided in writing specifying the details thereof.
(3) Except as
provided in paragraphs (1) and (2), detailed matters necessary for the survey
of grievances, recommendation for correction, or presentation of opinions shall
be determined by the chairperson of the Commission following resolution by the
Commission.
Article 56 (Standardization of Green Technology and Green Industry)
(1) The Minister
of Science and ICT, the Minister of Culture, Sports and Tourism, the Minister
of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and
Energy, the Minister of Environment, the Minister of Land, Infrastructure and
Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and
Startups, the Chairperson of the Korea Communications Commission, and the
Minister of the Korea Forest Service may provide support necessary for the
activities specified in each of the following subparagraphs, in order to
establish a foundation for the standardization of green technology and green
industry in the competent sector, pursuant to Article 60 (1) of the Act:
1. Establishment of foundation for standardization in compliance
with the international standards and the conformity assessment system;
2. Standardization of green technology and green industries already
developed or under research and development in the Republic of Korea;
3. Training of professional human resources for the establishment of
the foundation for standardization.
(2) The Minister
of Trade, Industry and Energy shall exercise general supervision over the
matters regarding the establishment of the foundation for the standardization
of green technology and green industry under paragraph (1).
Article 57 (Certification of Conformity of Green Technology and
Accreditation of Specialized Green Enterprise)
(1) The head of a
central administrative agency may grant certification of conformity with
respect to green technology (including accreditation of products to which
certified green technology is applied; hereinafter referred to as "green
certification") in the competent sector or accredit an enterprise with
high sales of green technology and green products (hereinafter referred to as
"accreditation of specialized green enterprise"), pursuant to Article
60 (2) of the Act.
(2) A person who
intends to obtain green certification or accreditation of specialized green
enterprise pursuant to paragraph (1) shall apply for certification or
accreditation to the head of the competent central administrative agency.
(3) The head of a
central administrative agency upon receipt of an application under paragraph
(2) shall designate an institution that evaluates the application details
(hereinafter referred to as “evaluation institution") and request it to
evaluate the green certification or accreditation of specialized green
enterprises.
(4) The relevant
central administrative agencies shall jointly establish a deliberative council
for green certification and accreditation of specialized green enterprise
(hereinafter referred to as "green certification council") to verify
the evaluation results of the evaluation institution and to decide as to
whether to grant green certification or accreditation of specialized green
enterprise.
(5) The head of a
central administrative agency may require a person who files an application for
green certification or accreditation of specialized green enterprise pursuant
to paragraph (2) to bear expenses incurred in certification or accreditation.
(6) The effective
period of green certification and accreditation of specialized green enterprise
shall be three years, and may be extended only once by up to three years.
(7) Except as
provided in paragraphs (1) through (6), matters necessary for green
certification and accreditation of specialized green enterprise, such as the
eligibility, criteria, procedures, and methods for green certification and
accreditation of specialized green enterprise, designation of evaluation
institutions, composition and operation of a green certification council,
expenses incurred in green certification and accreditation of specialized green
enterprise, and extension of the effective period shall be jointly determined
and publicly notified by the Minister of Economy and Finance, the Minister
Science and ICT, the Minister of Culture, Sports and Tourism, the Minister of
Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and
Energy, the Minister of Environment, the Minister of Land, Infrastructure and
Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and
Startups, and the Chairperson of the Korea Communications Commission.
Article 58 (Promotion of Purchase of Green Products)
(1) "Public
institutions and others prescribed by Presidential Decree" in Article 60
(2) of the Act means public institutions under the Act on the Promotion of
Purchase of Green Products and the Act on Facilitation of Purchase of Small and
Medium Enterprise-Manufactured Products and Support for Development of Their
Markets (hereafter in this Article referred to as "green public
institution”).
(2) The
Administrator of the Public Procurement Service may designate and publicly
notify items necessary to facilitate the purchases of green products by green
public institutions pursuant to Article 60 (2) of the Act, and accordingly
prepare the guidelines for procurement.
(3) Where the
head of a green public institution makes requests for purchasing or placing an
order of products or construction projects, the Administrator of the Public
Procurement Service may purchase green products or have green technology
utilized in the construction process, after consultation with the head of the
relevant green public institution.
Article 59 (Development of Clusters and Complexes for Green
Technology and Green Industries)
"Institution
or organization prescribed by Presidential Decree" in Article 61 (3) of
the Act means the following institutions or organizations:
1. A project implementer under Article 4 of the Act on Special Cases
concerning Support for Technoparks;
2. The Korea Industrial Complex Corporation under Article 45-17 of
the Industrial Cluster Development and Factory Establishment Act;
3. A specific research institute under Article 2 of the Specific
Research Institutes Support Act or a joint management organization under
Article 8 of that Act;
4. A university, industrial university, junior college, or technical
college under the Higher Education Act;
5. A government-funded science and technology research institute;
6. The Korea Industrial Technology Association established with
permission of the Minister of Science and ICT under Article 32 of the Civil Act
and under the Act on the Establishment and Operation of Public Interest
Corporations;
7. The Korea Environment Corporation;
8. The Korea Environmental Industry and Technology Institute;
9. The Korea Transportation Safety Authority under the Korea
Transportation Safety Authority Act;
10. A developer of an industrial complex development project under
Article 16 (1) 1 of the Industrial Sites and Development Act;
11. The Korea SMEs and Startups Agency under Article 68 of the Small
and Medium Enterprises Promotion Act.
CHAPTER IX TRANSITION TO CARBON NEUTRAL
SOCIETY AND SPREAD OF GREEN GROWTH
Article 60 (Composition of Local Governments' Action Alliance for
Carbon Neutrality)
(1) The head of a
nationwide consultative body referred to in Article 182 (1) 1 and 3 of the
Local Autonomy Act shall serve as more than one representative of the Local
Governments' Action Alliance for Carbon Neutrality under Article 65 (2) of the Act
(hereinafter referred to as the “Action Alliance for Carbon Neutrality”), but
it may be prescribed differently by the Management Agreement prescribed by the
Action Alliance for Carbon Neutrality.
(2) Each of more
than one representative referred to in Article 65 (2) of the Act shall
represent the Action Alliance for Carbon Neutrality respectively, and exercise
general supervision over the administrative affairs of the Action Alliance.
(3) Each of more
than one representative referred to in Article 65 (2) of the Act shall convene
the meetings of the Action Alliance for Carbon Neutrality respectively, and
preside over the meetings jointly.
(4) The
Management Agreement under paragraph (1) shall include the following matters:
1. A local government participating in the Action Alliance for
Carbon Neutrality;
2. Administrative affairs to be dealt with by the Action Alliance
for Carbon Neutrality and a plan for composition and operation of the
secretariat;
3. Organizational composition of the Action Alliance for Carbon
Neutrality and the election method of the representatives and their terms of
office;
4. Methods of bearing and disbursement of expenses incurred in the
operation and administrative affairs of the Action Alliance for Carbon
Neutrality;
5. Other matters necessary for the composition and operation of the
Action Alliance for Carbon Neutrality.
(5) For the
purpose of supporting the activities of the Action Alliance for Carbon
Neutrality under Article 65 (4) of the Act, a secretariat may be established in
the nationwide consultative body under Article 182 (1) 1 or 3 of the Local
Autonomy Act (hereinafter referred to as "Secretariat of the Action
Alliance for Carbon Neutrality").
(6) The
Secretariat of the Action Alliance for Carbon Neutrality shall have one
secretary-general and other necessary staff members, and the secretary-general
shall be appointed by the representatives of the Action Alliance for Carbon
Neutrality with the consent of the Action Alliance for Carbon Neutrality.
(7) If necessary
for operating the Action Alliance for Carbon Neutrality or dealing with the
administration affairs of the Secretariat of the Action Alliance for Carbon
Neutrality, the Action Alliance for Carbon Neutrality may request public
officials belonging to the local governments, or executive officers or
employees of public institutions or the relevant institutions, organizations,
or research institutes to be dispatched thereto or concurrently hold a position
therein.
(8) The Minister
of the Interior and Safety and the Minister of Environment may provide support
necessary for the Action Alliance for Carbon Neutrality to conduct the matters
prescribed in each subparagraph of Article 65 (3) of the Act.
Article 61 (Establishment of Cooperative System for Transition to
Carbon Neutral Society)
The head of the
relevant central administrative agency may establish a cooperative system with
enterprises pursuant to Article 66 (5) of the Act to provide economic benefits,
including discount and point accumulation for using public transportation or
buying eco-friendly agricultural produce or products.
Article 62 (Spread of Green Life)
"Programs
prescribed by Presidential Decree" in Article 67 (3) 3 of the Act means
programs to provide incentives for practicing a green life campaign, such as
use of electronic receipts and purchase of products utilizing empty containers.
Article 63 (Establishment of Carbon Neutrality Support Center)
(1) Pursuant to
Article 68 (1) of the Act, the head of a local government may establish a
carbon neutrality support center referred to in that paragraph (hereinafter
referred to as "carbon neutrality support center") as prescribed by
municipal ordinance, or may designate and operate a carbon neutrality support
center from among the following institutions and organizations:
1. An institution affiliated with a local government, or a national
or public research institute, or a local government-invested research
institute;
2. A school under Article 2 of the Higher Education Act;
3. The Korea Advanced Institute of Science and Technology under the
Korea Advanced Institute of Science and Technology Act, Gwangju Institute of
Science and Technology under the Gwangju Institute of Science and Technology
Act, Daegu Gyeongbuk Institute of Science and Technology under the Daegu
Gyeongbuk Institute of Science and Technology Act, and Ulsan National Institute
of Science and Technology under the Ulsan National Institute of Science and
Technology Act;
4. Other institutions and organizations prescribed by municipal
ordinance, which fulfill the requirements specified in the subparagraphs of
paragraph (3).
(3) "Affairs
prescribed by Presidential Decree" in Article 68 (2) 4 of the Act means
each of the following affairs:
1. Identification of plans to promote participation in and improve
awareness of the campaign for carbon neutrality in the relevant region and
support for the implementation of such plans;
2. Survey, research, education, and public relations activities
related to carbon neutrality in the relevant region;
3. Cooperation with foreign local governments in the carbon
neutrality projects;
4. Development of models for establishment of carbon neutrality in
each sector, including transportation, buildings, wastes, agriculture, livestock,
and fisheries;
5. Support for the activities to cope with climate crisis performed
by the Action Alliance for Carbon Neutrality;
6. Support for the activities to promote mutual cooperation among
local governments to practice carbon neutrality;
7. Assistance in programs for strengthening the capabilities of
implementing policies for carbon neutrality of the relevant region;
8. Assistance in the preparation of relevant information and
statistics for the calculation and analysis of greenhouse gas statistics in the
relevant region.
(3) “Standards
for designation prescribed by Presidential Decree” in Article 68 (3) of the Act
means each of the following standards:
1. It shall have a dedicated organization and facilities to conduct
the affairs under Article 68 (2) of the Act;
2. It shall have professional human resources to perform the affairs
under Article 68 (2) of the Act.
(4) Where the
head of a local government intends to designate a carbon neutrality support
center pursuant to paragraph (1), he or she shall review whether the support
center meets the standards specified in the subparagraphs of paragraph (3) and
shall determine whether to designate the carbon neutrality support center.
(5) Where the
head of a local government designates a carbon neutrality support center under
paragraph (4), he or she shall make a public announcement of such designation
on the website, etc. of the relevant local government.
(6) For the
purpose of supporting the operation of a carbon neutrality support center, the
head of a local government may request the carbon neutrality support center to
submit data on the following matters:
1. A plan for the operation of the carbon neutrality support center;
2. The current status of human resources, organization, and
facilities secured in the carbon neutrality support center;
3. A funding plan for the carbon neutrality support center;
4. Data on the details of the use of the funds provided to the
carbon neutrality support center;
5. Other data deemed by the head of the local government as
necessary for supporting the operation of the carbon neutrality support center.
(7) Where the
carbon neutrality support center falls under any of the following
subparagraphs, the head of a local government may revoke the designation:
Provided, That in cases falling under subparagraph 1, he or she shall revoke
such designation:
1. Where it is designated by fraud or other improper means;
2. Where it fails to perform the affairs of the carbon neutrality
support center without good cause for at least three months from the date of
designation;
3. Where it ceases to meet the standards for designation referred to
in paragraph (3).
(8) Upon revoking
the designation of a carbon neutrality support center under paragraph (7), the
head of a local government shall notify the relevant institution of the
revocation without delay, and publicly announce such revocation on the website
of the relevant local government.
(9) If necessary
for implementing policies for carbon neutrality and green growth of the State
and a region, a carbon neutrality support center may request the Minister of
Environment to provide support, such as consulting services for the operation
of the carbon neutrality support center. In such cases, the Minister of
Environment shall provide support necessary therefor, unless there is a
compelling reason not to do so.
CHAPTER X ESTABLISHMENT AND OPERATION OF
CLIMATE RESPONSE FUND
Article 64 (Entrustment of Operation and Management of Climate
Response Fund)
(1) Pursuant to
Article 72 (2) of the Act, the Minister of Economy and Finance shall entrust
the following affairs regarding the operation and management of the Climate
Response Fund under Article 69 (1) of the Act (hereinafter referred to as the
"Fund") to a corporation or organization designated and publicly
notified by the Minister of Economy and Finance:
1. Accounting for the operation and management of the Fund;
2. Preparation of a report on the settlement of accounts of the
Fund;
3. Asset management of the Fund;
4. Other affairs determined and publicly notified by the Minister of
Economy and Finance for the operation and management of the Fund.
(2) A person
entrusted with the affairs under paragraph (1) (hereinafter referred to as "trustee
of the Fund") shall keep accounts of the Fund, separately from other
operational funds.
(3) If a trustee
of the Fund requires expenses to handle the affairs prescribed in each
subparagraph of paragraph (1), such expenses shall be borne by the Fund.
(4) A trustee of
the Fund shall establish a department exclusively in charge of the operation
and management of the entrusted Fund.
(5) A trustee of
the Fund shall report the quarterly status of creation and operation of the
Fund to the Minister of Foreign Affairs within 40 days from the end date of the
relevant quarter.
Article 65 (Opening of Fund Account)
Where the Minister
of Economy and Finance opens an account pursuant to Article 72 (3) of the Act,
he or she shall open the account for the Fund at the Bank of Korea established
under the Bank of Korea Act to clarify the revenues and expenditures of the Fund.
Article 66 (Composition and Operation of Fund Management
Deliberation Council)
(1) The
Deliberation Council on Fund Management established under Article 72 (4) of the
Act (hereinafter referred to as "Deliberation Council on Fund
Management") shall be comprised of up to 10 members, including one
chairperson.
(2) The First
Vice Minister of Economy and Finance shall serve as the chairperson of the
Deliberation Council on Fund Management.
(3) The members
of the Deliberation Council on Fund Management shall be appointed or
commissioned by the chairperson of the Deliberation Council on Fund Management
from among the following persons. In such cases, the chairperson shall
commission at least 1/2 of the members from among those falling under
subparagraphs 3 and 4:
1. Public officials who are members of the Senior Executive Service
of the Ministry of Economy and Finance and are in charge of the management of
the Fund;
2. Public officials designated by the heads of the relevant agencies
from among the members of the Senior Executive Service of the Ministry of
Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land,
Infrastructure and Transport, and other relevant central administrative
agencies deemed necessary by the chairperson of the Deliberation Council on
Fund Management;
3. Persons deemed to have extensive expert knowledge of and
experience in the operation and management of the Fund;
4. Persons deemed to have extensive expert knowledge of and
experience in coping with climate crisis.
(4) The term of
office of the members falling under paragraph (3) 3 and 4 shall be two years.
(5) The Minister
of Economy and Finance may dismiss a member commissioned under paragraph (3) 3
and 4, if he or she falls under any of the following cases:
1. If the member becomes incapable of performing his or her duties
due to mental or physical disability;
2. If the member is found to commit any misconduct in the course of
performing his or her duties;
3. If the member is deemed unsuitable as a member due to delinquency
of duties, injury to dignity, or any other reasons;
4. Where the member voluntarily states that he or she finds it
difficult to perform his or her duties.
(6) The
chairperson of the Deliberation Council on Fund Management shall represent the
Deliberation Council on Fund Management and exercise general supervision over
its affairs: Provided, That where the chairperson is unable to perform his or
her duties due to any unavoidable reason, a member of the Council designated by
the Minister of Economy and Finance shall act on his or her behalf.
(7) If necessary
for deliberation, the Deliberation Council on Fund Management may require the
heads of the relevant agencies or experts in the relevant field to attend the
meetings and hear their opinions.
(8) Except as
provided in paragraphs (1) through (7), matters necessary for the composition
and operation of the Deliberation Council on Fund Management shall be
determined by the Minister of Economy and Finance.
Article 67 (Report on Operation and Management of Fund to the
Commission)
"Important
matters prescribed by Presidential Decree" in Article 72 (5) of the Act
means matters regarding the major revenues and expenditures of the Fund.
Article 68 (Separate Accounting)
The head of a
central administrative agency who is distributed with the Fund shall keep
accounts of or manage the distributed Fund separately from other accounts or
funds.
Article 69 (Operational Rules of Fund)
Except as provided
in this Decree, matters necessary for the operation and management of the Fund
and the performance of the Fund projects shall be determined by the Minister of
Economy and Finance.
CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 70 (Preparation of National Reports)
(1) The Minister
of Environment shall prepare and update the reports under each subparagraph of
the Article 77 (1) of the Act through deliberation by the Commission, after
consulting with the head of the relevant central administrative agency pursuant
to Article 77 (1) of the Act.
(2) The Minister
of Environment and the head of the relevant central administrative agency may
hear the opinions of the relevant experts, interested parties, etc., where
necessary for the preparation or update of a report under paragraph (1).
(3) The Minister
of Foreign Affairs shall submit a report prepared and updated under paragraph
(1) to the Conference of the Parties of the United Nations Framework Convention
on Climate Change (UNFCC COP).
(4) "Reports
prescribed by Presidential Decree" in Article 77 (1) 5 of the Act means
reports under Article 6 of the Paris Agreement.
Article 71 (Reporting to the National Assembly)
(1) "Where
minor matters prescribed by Presidential Decree are modified" in the
proviso of Article 78 (1) of the Act means cases prescribed in each
subparagraph of Article 5 (3).
(2) "Where
minor matters prescribed by Presidential Decree are altered" in the
proviso of Article 78 (2) of the Act means cases prescribed in each
subparagraph of Article 6 (3).
(3) Pursuant to
Article 78 (3) of the Act, the Commission shall report the inspection results
of the implementation progress of the national framework plan for carbon
neutrality in the previous year to the National Assembly by December 31 of each
year, while a Mayor/Do Governor or the head of a Si/Gun/Gu shall report the
inspection results of the previous year’s implementation progress of City/Do
plans for carbon neutrality or Si/Gun/Gu plans for carbon neutrality, to the
local council by December 31 of each year.
Article 72 (Designation of Chief Officer of Compliance with Carbon
Neutrality)
(1) The
requirements for designation of a chief officer of compliance with carbon
neutrality under Article 79 (1) of the Act shall be classified as follows:
1. Where a chief officer of compliance with carbon neutrality is
designated by the head of a central administrative agency: A public official
who is a member of the Senior Executive Service and in charge of formulating
and implementing carbon neutral policies of the relevant agency;
2. Where a chief officer of compliance with carbon neutrality is
designated by a Mayor/Do Governor: A person who falls under any of the
following items:
(a) A deputy mayor or vice governor prescribed in Article 71 (2) and
(3) of the Enforcement Decree of the Local Autonomy Act;
(b) A person who is positioned in the class equivalent to the deputy
minister of office or director general of bureau, which is placed in the head
office under Article 10 and attached Table 2, or Article 12 and attached Table
7, of the Regulations on Administrative Organizations of Local Governments and
Standards for the Prescribed Number of Their Personnel, who is in charge of
formulating and implementing the carbon neutral policies of the relevant local
government;
3. Where a chief officer of compliance with carbon neutrality is
designated by the head of a Si/Gun/Gu: A person who falls under any of the
following items:
(a) A deputy head of a Si/Gun/Gu prescribed in Article 71 (7) of the
Enforcement Decree of the Local Autonomy Act;
(b) A person who is positioned in the class equivalent to the deputy
minister of office (referring to the level of director general of bureau) or
director general of bureau, which is placed in the head office under Article 14
and attached Table 3 of the Regulations on Administrative Organizations of
Local Governments and Standards for the Prescribed Number of Their Personnel,
who is in charge of formulating and implementing carbon neutral policies of the
relevant local government: Provided, That in cases of a Si/Gun/Gu that does not
have an office or bureau under Article 13 of the Regulations on Administrative
Organizations of Local Governments and Standards for the Prescribed Number of
Their Personnel, it refers to a person who is positioned in the class
equivalent to the chief of office (referring to a director-level), director, or
officer in charge that is placed in the head office pursuant to attached Table
3 of that Regulation.
(2) The duties of
a chief officer of compliance with carbon neutrality under Article 79 (2) of
the Act shall be classified as follows:
1. Duties of a chief officer of compliance with carbon neutrality
designated by the head of a central administrative agency:
(a) Setting of greenhouse gas mid- to long-term reduction targets,
etc. and inspection of the current status of implementation under Article 9 (1)
of the Act;
(b) Formulation and implementation of a national framework plan for
carbon neutrality and inspection of its implementation progress and major
achievements under Article 13 (1) of the Act;
(c) Preparation and submission of information and statistics in the
competent sector under Article 36 (2) of the Act;
(d) Formulation and implementation of climate crisis adaptation
measures and inspection of the implementation progress under Article 39 (1) of
the Act;
(e) Education and public relations for carbon neutral policies;
(f) Other duties deemed by the head of the competent central
administrative agency as necessary for facilitating the transition to a carbon
neutral society and the promotion of green growth;
2. Duties of the chief officer of compliance with carbon neutrality
designated by a Mayor/Do Governor or the head of a Si/Gun/Gu:
(a) Formulation and implementation of City/Do plans for carbon
neutrality or Si/Gun/Gu plans for carbon neutrality and inspection of its
implementation progress and major achievements under Article 13 (2) of the Act;
(b) Preparation and submission of relevant information and
statistics for the calculation, analysis, etc. of regional greenhouse gas
statistics under Article 36 (3) of the Act;
(c) Formulation and implementation of regional adaptation measures
for climate crisis and the inspection of the implementation progress thereof
under Article 40 (4) of the Act;
(d) Education and public relations for carbon neutral policies;
(e) Other duties deemed by a Mayor/Do Governor or the head of a
Si/Gun/Gu as necessary for facilitating the transition to a carbon neutral
society and the promotion of green growth.
Article 73 (Delegation of Authority)
(1) The Minister
of Environment shall delegate the following authority to the head of GIR
pursuant to Article 81 (1) of the Act:
1. Assistance with the inspection of the implementation progress of
the annual reduction targets under Article 4 (3);
2. Analysis of economic effects under Article 5 (2) 2;
3. Preparation and management of a registry under Article 17 (7);
4. Preparation and management of a registry of greenhouse gas
emitters under control under Article 22;
5. Preparation and management of an international mitigation
registry under Article 35 (1);
6. Preparation and management of spatial data and maps under Article
39 (13);
7. Preparation and update of a report under Article 70 (1).
(2) The Minister
of Environment shall delegate his or her authority over constant measurement,
surveys, and disclosure of the changes in greenhouse gas concentrations in the
atmosphere under Article 40 to the President of the National Institute of
Environmental Research, pursuant to Article 81 (1) of the Act.
(3) The
Administrator of the Korea Meteorological Administration shall delegate his or
her authority over constant measurement, surveys, and disclosure of the changes
in greenhouse gas concentrations in the atmosphere under Article 40 to the
Director General of the National Institute of Meteorological Sciences, pursuant
to Article 81 (1) of the Act.
(4) The Minister
of Agriculture, Food and Rural Affairs shall delegate the following authority
to the Minister of the Korea Forest Service, pursuant to Article 81 (1) of the
Act:
1. Prior approval of an international mitigation project in the
forestry sector, revocation of prior approval, and notification thereof under
Article 32 (1), (2), (4), and (5);
2. Review of the details of reports on international mitigation
projects in the forestry sector under Article 34 (1);
3. Prior approval for transfer of international mitigation outcomes
in the forestry sector under Article 37 (1) and (2).
Article 74 (Entrustment of Business Affairs)
(1) The head of a
central administrative agency shall entrust the affairs of receiving
applications for green certification and accreditation of specialized green
enterprise under Article 57 (2) to the Korea Institute for Advancement of
Technology under Article 38 of the Industrial Technology Innovation Promotion
Act, pursuant to Article 81 (2) of the Act.
(2) Pursuant to
Article 81 (2) of the Act, the Minister of Environment shall entrust the Korea
Environment Corporation with the following affairs:
1. Assistance with the compilation and reporting of City/Do plans
for carbon neutrality and Si/Gun/Gu plans for carbon neutrality under Articles
11 (4) and 12 (3) of the Act;
2. Support specified in each subparagraph of Article 6 (6) and each
subparagraph of Article 7 (5);
3. Assistance with preparation of reports and reporting to the Commission
under Article 8 (7);
4. Support for the affairs specified in each subparagraph of Article
16;
5. Support for the review of greenhouse gas reduction targets of
public institutions, etc. under Article 17 (4) and the review of performance
records under the former part of paragraph (8) of that Article;
6. Technical support, fact-finding survey and diagnosis, provision
of data and information, and establishment of an information system under
Articles 26 (6) and 27 (7) of the Act;
7. Support for the general supervision and coordination of the
affairs regarding the setting and management of the greenhouse gas control
targets and the succession to rights and obligations under Article 18 (1), and
support for the affairs regarding the setting and management of greenhouse gas
control targets and the succession to rights and obligations in the waste
sector under Article 18 (1) 3;
8. Survey, analysis, and review for prior approval under Article 32
(2);
9. Review of the reported details of international mitigation
projects under Article 34 (1);
10. Review of the reported details off acquisition of international
mitigation outcomes under Article 36 (1);
11. Survey, analysis, and review for prior approval under Article 37
(2);
12. Assistance with compilation and submission of the data and
statistics on greenhouse gases in the wastes sector under Article 39 (8) 3;
13. Support such as training and education of professional human
resources, consulting services, provision of information under Article 39 (10);
14. Support for the implementation of programs referred to in each
subparagraph of Article 67 (3) of the Act;
15. Support such as consulting services for the operation of a
carbon neutrality support center under Article 63 (9);
16. Assistance with collection, survey, analysis, and provision of
the trends and information on the programs and policies related to coping with
climate crisis under Article 76 of the Act.
(3) Pursuant to
Article 81 (2) of the Act, the Minister of Environment shall entrust the National
Institute of Ecology under the Act on the Establishment and Operation of the
National Institute of Ecology with support for the compilation and submission
of the data and statistics on greenhouse gases in the inland wetlands sector
under Article 39 (8) 3.
(4) Pursuant to
Article 81 (2) of the Act, the Minister of Environment shall entrust the Korea
Environmental Preservation Association under Article 59 (1) of the Framework
Act on Environmental Policy with each of the following affairs:
1. Education and public relations under Article 67 (4) of the Act;
2. Support with programs for training of and support for
professional human resources under Article 67 (5) of the Act;
3. Support for education and public relations activities through
mass media under Article 67 (6) of the Act.
(5) Pursuant to
Article 81 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs
shall entrust the affairs related to the setting and control of greenhouse gas
reduction targets and the succession to the rights and obligations in the
sectors classified in the following subparagraphs to the agencies prescribed in
the relevant subparagraph, respectively:
1. Agriculture, livestock, and food sectors referred to in Article
18 (1) 1: The Korea Agricultural Technology Promotion Agency under Article 33
of the Agricultural Community Development Promotion Act;
2. Forestry sector referred to in Article 18 (1) 1: The Korea
Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain
Villages Development Promotion Act.
(6) Pursuant to
Article 81 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs
shall entrust the following affairs in the agriculture, livestock, and food
sectors to the Korea Rural Community Corporation incorporated under the Korea
Rural Community Corporation and Farmland Management Fund Act:
1. Survey, analysis, and review for prior approval under Article 32
(2);
2. Review of reported details of international mitigation projects
under Article 34 (1);
3. Review of the reported details of acquisition of the
international mitigation outcomes under Article 36 (1);
4. Survey, analysis, and review for prior approval under Article 37
(2).
(7) The Minister
of Agriculture, Food and Rural Affairs shall entrust the following affairs in
the forestry sector to the Korea Forestry Promotion Institute under Article
29-2 of the Forestry and Mountain Villages Development Promotion Act, pursuant
to Article 81 (2) of the Act:
1. Survey, analysis, and review for prior approval under Article 32
(2);
2. Review of the reported details of acquisition of the
international mitigation outcomes under Article 36 (1);
3. Survey, analysis, and review for prior approval under Article 37
(2).
(8) Pursuant to
Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall
entrust the Korea Energy Agency under Article 45 (1) of the Energy Use
Rationalization Act with the affairs related to setting and control of the
greenhouse gas reduction targets and succession to the rights and obligations
in the industry and power generation sectors under Article 18 (1) 2.
(9) Pursuant to
Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall
entrust the Korea Energy Agency under Article 45 (1) of the Energy Use
Rationalization Act and the Korea Trade-Investment Promotion Agency under the
Korea Trade-Investment Promotion Agency Act with each of the following affairs.
In such cases, the Minister of Trade, Industry and Energy shall publicly notify
the trustee and details of the entrusted affairs:
1. Survey, analysis, and review for prior approval under Article 32
(2);
2. Review of the reported details of international mitigation
projects pursuant to Article 34 (1);
3. Review of the reported details of acquisition of international
mitigation outcomes under Article 36 (1);
4. Survey, analysis, and review for prior approval under Article 37
(2).
(10) Pursuant to
Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall
entrust an industrial research institute under Article 8 and subparagraph 8 of
the attached Table of the Act on the Establishment, Operation and Fostering of
Government-Funded Research Institutes with the affairs regarding on-site
inspection and data collection under Article 49 (5).
(11) Pursuant to
Article 81 (2) of the Act, the Minister of Land, Infrastructure and Transport
shall entrust the affairs regarding the setting and control of greenhouse gas
reduction targets and succession to the rights and obligations in the sectors
classified in the following subparagraphs to the relevant institution
prescribed in the relevant subparagraph, respectively:
1. Buildings under Article 18 (1) 4: The Korea Energy Agency under
Article 45 (1) of the Energy Use Rationalization Act;
2. Transportation (excluding marine transportation and ports) under
Article 18 (1) 4: The Korea Transportation Safety Authority under the Korea
Transportation Safety Authority Act;
3. Construction under Article 18 (1) 4: The Korea Real Estate Board
under the Korea Real Estate Board Act.
(12) The Minister
of Land, Infrastructure and Transport shall entrust the following affairs to
the International Contractors Association of Korea under Article 23 of the
Overseas Construction Promotion Act, pursuant to Article 81 (2) of the Act:
1. Survey, analysis, and review for prior approval under Article 32
(2);
2. Review of the reported details of international mitigation
projects pursuant to Article 34 (1);
3. Review of the reported details of acquisition of international
mitigation outcomes under Article 36 (1);
4. Survey, analysis, and review for prior approval under Article 37
(2).
(13) Pursuant to
Article 81 (2) of the Act, the Minister of Land, Infrastructure and Transport may
entrust the following institutions with the affairs relating to formulating and
managing spatial data and maps under Article 39 (13). In such cases, the
Minister of Land, Infrastructure and Transport shall publicly notify the
trustee and details of the entrusted affairs:
1. Government-funded research institutes;
2. Government-funded science and technology research institutes;
3. Public institutions.
(14) Pursuant to
Article 81 (2) of the Act, the Minister of Oceans and Fisheries shall entrust
the following affairs to the Korea Marine Environment Management Corporation
under Article 96 (1) of the Marine Environment Management Act:
1. Affairs regarding the setting and control of greenhouse gas
reduction targets and succession to the rights and obligations in the sectors
of oceans, fisheries and harbors under Article 18 (1) 5;
2. Survey, analysis, and review for prior approval under Article 32
(2);
3. Review of the reported details of international mitigation
projects under Article 34 (1);
4. Review of the reported details of acquisition of international
mitigation outcomes under Article 36 (1);
5. Survey, analysis, and review for prior approval under Article 37
(2).
(15) Pursuant to
Article 81 (2) of the Act, the Minister of Oceans and Fisheries shall entrust
the Korea Maritime Transportation Safety Authority under the Korea Maritime
Transportation Safety Authority Act with the affairs regarding the setting and
control of greenhouse gas reduction targets and succession to the rights and
obligation in the marine transportation sector under Article 18 (1) 5.
Article 75 (Re-Examination of Regulation)
The Minister of
Environment shall examine the appropriateness of the following matters every
five years, counting from each base date specified in the relevant
subparagraphs (referring to the period that ends on the day before the base
date of every fifth year) and shall take measures, such as making improvements:
1. Climate change impact assessment under Article 15: September 25,
2022;
2. Standards for designation of greenhouse gas emitters under
control under Article 19: March 25, 2022;
3. Standards, methods, and procedures for prior approval of
international mitigation projects under Article 32: March 25, 2022;
4. Standards, methods, and procedures for prior approval for
transfer of international mitigation outcomes under Article 37: March 25, 2022.
Article 76 (Imposition and Collection of Administrative Fines)
(1)
Administrative fines under Article 83 (1) of the Act shall be imposed and
collected by the sectoral competent agency, through consultation with the
Minister of Environment.
(2) The criteria
for imposition of administrative fines under paragraph (1) shall be as
specified in attached Table 4.
ADDENDA
Article 1 (Enforcement Date)
This
Decree shall enter into force on March 25, 2022: Provided, That Articles 64
through 69 shall enter into force on the date of its promulgation, Articles 53
and 63 shall enter into force on July 1, 2022, and Article 15 shall enter into
force on September 25, 2022.
Article 2 (Repeal of Other Statutes or Regulations)
(1) The provisions
on the establishment and operation of the 2050 Carbon Neutrality Committee
shall be repealed.
(2) The
Enforcement Decree of the Framework Act on Low Carbon, Green Growth shall be
repealed.
Article 3 (Applicability to Submission of Greenhouse Gas Information
and Statistics)
Greenhouse
gas information and statistics in the field of regular settlement, among
greenhouse gas information and statistics by sector referred to in Article 39
(5) 4, shall be submitted beginning with cases where the Minister of Land,
Infrastructure and Transport submits greenhouse gas information and statistics
on or after January 1, 2024.
Article 4 (Special Cases concerning Preparation and Submission of
Greenhouse Gas Information and Statistics)
(1) The
head of a central administrative agency shall prepare and submit the greenhouse
gas information and statistics to be prepared and submitted in 2022 pursuant to
Article 39 (5) by June 30, 2022.
(2) A
Mayor/Do Governor and the head of a Si/Gun/Gu shall prepare and submit greenhouse
gas information and statistics to be prepared and submitted in 2022 pursuant to
Article 39 (6) by June 30, 2022.
Article 5 (Special Cases concerning Preparation and Submission of
Reports on Results of Regional Adaptation Measures for Climate Crisis)
(1) A
Mayor/Do Governor and the head of a Si/Gun/Gu shall prepare and submit a report
on the results of regional adaptation measures for climate crisis to be
prepared and submitted in 2022 pursuant to Article 43 (4) by September 30,
2022.
(2) The
Minister of Environment shall compile the reports on the results submitted
under paragraph (1) and report the compilation of reports to the Committee by
October 30, 2022.
Article 6 (Transitional Measures concerning Commissioned Members of
Committee)
The
members of the 2050 Carbon Neutrality Committee who were commissioned pursuant
to Article 3 (3) 2 of the previous Regulations on the Establishment and
Operation of the 2050 Carbon Neutrality Committee as at the time this Decree
enters into force shall be deemed commissioned as members of the Committee. In
such cases, the term of office of the relevant Committee members shall expire
when a commissioned member is first appointed after this Decree enters into
force.
Article 7 (Transitional Measures concerning Greenhouse Gas Target
Control in Public Sector)
Where the
greenhouse gas reduction and energy saving targets were submitted pursuant to
Article 28 (1) of the previous Enforcement Decree of the Framework Act on Low
Carbon, Green Growth as at the time this Decree enters into force, the
greenhouse gas reduction targets shall be deemed submitted pursuant to Article
17 (2) of this Decree.
Article 8 (Transitional Measures concerning Designation of
Greenhouse Gas Emitters under Control)
Greenhouse
gas emitters under control designated pursuant to Article 29 (3) of the
previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as
at the time this Decree enters into force shall be deemed greenhouse gas
emitters under control designated pursuant to Article 20 (3) of this Decree.
Article 9 (Transitional Measures concerning Members of Greenhouse
Gas Information Disclosure Examination Committee)
The
members of the examination committee for disclosure of statements who are
designated or commissioned under Article 35 (7) of the previous Enforcement
Decree of the Framework Act on Low Carbon, Green Growth as at the time this
Decree enters into force shall be deemed designated or commissioned as the
members of the Greenhouse Gas Information Disclosure Examination Committee. In
such cases, the term of office of the relevant member shall expire when a
member of the Greenhouse Gas Information Disclosure Examination Committee is
appointed or commissioned for the first time after this Decree enters into
force.
Article 10 (Transitional Measures concerning Korea Adaptation Center
for Climate Change)
Korea
Adaptation Center for Climate Change which is designated under Article 9-2 of
the Clean Air Conservation Act and the designation period of which has not
expired as at the time this Decree enters into force shall be deemed Korea
Adaptation Center for Climate Change designated under the Act and this Decree
until Korea Adaptation Center for Climate Crisis is designated under Article 46
(1) of the Act and Article 47 (1) of this Decree.
Article 11 (Transitional Measures concerning Certification of
Conformity of Green Technology and Accreditation of Specialized Green
Enterprise)
The
certification of conformity of green technology and green business or
accreditation of specialized green enterprise under Article 19 (1) of the
previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as
at the time this Decree enters into force shall be deemed the green
certification and accreditation of specialized green enterprise under Article
57 (1) of this Decree.
Article 12 Omitted.
Article 13 (Relationship to Other Statutes or Regulations)
(1) Any
citation of the previous Regulations on Establishment and Operation of 2050
Carbon Neutrality Committee or any provisions thereof in other statutes or
regulations as at the time this Decree enters into force shall be deemed a
citation of this Decree or the relevant provisions of this Decree in lieu of
the previous Regulations on Establishment and Operation of 2050 Carbon
Neutrality Committee or the provisions thereof, if such relevant provisions
exist in this Decree.
(2) Any
citation of the previous Enforcement Decree of the Framework Act on Low Carbon,
Green Growth or any provisions thereof in other statutes or regulations as at
the time this Decree enters into force shall be deemed a citation of this
Decree or the relevant provisions of this Decree in lieu of the Framework Act
on Low Carbon, Green Growth or the provisions thereof, if the relevant
provisions exist in this Decree.
ADDENDUM
Article 1 (Enforcement Date)
This
Decree shall enter into force on June 16, 2022.
Articles 2 and 3 Omitted.
ADDENDUM
Article 1 (Enforcement Date)
This
Decree shall enter into force on July 11, 2022.
Article 2 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This
Decree shall enter into force on September 25, 2022.
Article 2 (Applicability to Time of Notification of Municipal
Ordinance)
The
amended provisions of Article 9 (5) 1 shall apply beginning with the cases
where the municipal ordinances concerning the amended provisions of paragraph
(4) 1 of that Article are pre-announced for legislation after this Decree
enters into force.
Article 3 (Transitional Measures concerning Statistics Management
Committee Members)
(1) The
chairperson of the statistics management committee under the former provisions
of Article 39 (3) as at the time this Decree enters into force shall be deemed
the chairperson of the National Statistics Management Committee under the
amended provisions of that paragraph.
(2) The
statistics management committee members under the former Article 39 (3) as at
the time this Decree enters into force shall be deemed the members of the
National Statistics Management Committee under the amended provisions of
subparagraph 1 of that paragraph.
(3) Where
a member of the National Statistics Management Committee is commissioned
pursuant to the amended provisions of the latter part, with the exception of
the subparagraphs, of Article 39 (3) after this Decree enters into force, the
committee members of a specific gender shall be commissioned until the
requirements under the relevant amended provisions are satisfied.
Last updated : 2023-05-16
[Source: https://elaw.klri.re.kr/kor_service/lawView.do?lang=ENG&hseq=61346]