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ENFORCEMENT DECREE OF THE ACT ON THE CONTROL OF TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 746

ENFORCEMENT DECREE OF THE ACT ON THE CONTROL OF TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

Presidential Decree No. 14272, May 28, 1994

Amended by Presidential Decree No. 14450, Dec. 23, 1994 Presidential Decree No. 15585, Dec. 31, 1997

Presidential Decree No. 15734, Feb. 28, 1998

Presidential Decree No. 15965, Dec. 31, 1998

Presidential Decree No. 16406, Jun. 21, 1999

Presidential Decree No. 17048, Dec. 29, 2000

Presidential Decree No. 17307, Jul. 16, 2001

Presidential Decree No. 17698, Aug. 8, 2002

Presidential Decree No. 17824, Dec. 30, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 20387, Nov. 15, 2007

Presidential Decree No. 20680, Feb. 29, 2008

CHAPTER GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated by the Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal and matters necessary for enforcement thereof.

Article 2 (Types of Wastes)

(1) "Wastes specified by Presidential Decree" in subparagraph 1 of Article 2 of the Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Act") means wastes falling under the following subparagraphs:

1. Wastes, which are described in the Annex or of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention") and which are hazardous as prescribed in the Annex ; 1-2. Wastes described in the Annex of the Convention; and

2. Wastes on which the Republic of Korea reports to, or is reported from the Secretariat of the Convention under Articles 3 (1) through (3) and 11 of the Convention. (2) The waste items under the subparagraphs of paragraph (1) shall be announced by the Minister of Environment after consultation with the Minister of Knowledge Economy. CHAPTER CONTROL AND MANAGEMENT OF EXPORTS,

IMPORTS, ETC. OF WASTES

Article 3 (Waste Export Licenses)

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(1) Any person who intends to obtain a waste export license under Article 6 (1) of the Act shall submit to the Minister of Environment an application for the waste export license on annexed Form No. 1, together with the following documents:

1. The export contract, or the order sheet stating that the wastes concerned are managed in an environmentally sound manner and the export price is the free on board (F.O.B.) price;

2. The domestic transportation contract specifying the routes and means of transportation, and the name of transporter of exported wastes;

3. In cases of wastes notified by the Minister of Environment in accordance with Article 2 (2), the test record on exported wastes issued by an agency which is authorized and notified by the Minister of Environment;

4. In cases where the export is carried out through an agent, documents supporting traffic with the generator of the wastes, such as an export agency contract;

5. In cases of the exports under Article 6 (5) of the Act, (hereinafter referred to as "package export"), a plan for the package export, in which the export volume is recorded by the customs office at the port of entry for the exported wastes, by the expected date of export or by the expected month of export;

6. The payment receipt of waste export license fee under Article 20 (2) of the Act; and

7. An insurance policy or other guarantee under Article 6 (11) of the Convention, if a state of import or transit demands it.

(2) The Minister of Environment shall, if he concludes that details of an application for an export license are appropriate, seek an agreement with respect to import or transit from the competent authority for the state of import or transit within 7 days from the date of the receipt of such application.

(3) Where any person who intends to export wastes (including any export agent) submits a written agreement issued by the state of import or transit with respect to the import or transit thereof, the Minister of Environment shall not seek the agreement of paragraph (1).

(4) Deleted. (5) "Cases where it is determined by Presidential Decree" in the proviso to Article 6 (3) of the Act means cases falling under any of the following subparagraphs:

1. Where it is subject to the consent of a state of transit, and no response has been made by the state of transit within 60 days (if the state of transit has acceded to the Convention under Article 11 of the Convention, within thirty days) from the date on which the Republic of Korea has been notified by the state of transit of the receipt of a request for consent of transit. In this case, where no notification of receipt has been made by the state of transit to the Republic of Korea within thirty days after a request for the consent of transit was made, the date on which thirty days have passed since the first request for the consent of transit was made shall be deemed the date of notification of such receipt; and

2. Where wastes referred to in Article 2 (2) are subject to the consent of a state which has acceded Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 748

to the Convention under Article 11 of the Convention, and no response has been made by a state of import within thirty days from the date on which the Republic of Korea has been notified by the state of import of the receipt of a request for the consent of import. In this case, where no notification of receipt has been made by the state of import to the Republic of Korea within thirty days after a request for the consent of import was made, the date on which thirty days have passed since the first request for the consent of import was made shall be deemed the date of notification of the receipt.

(6) The Minister or Environment shall issue an export license of wastes on annexed Form No. 1 within five days in cases falling under any of the following subparagraphs:

1. Where he has received a written consent for import or transit from the state of import or transit;

2. Where he has not made a request for the consent pursuant to paragraph (3); and

3. Where no consent of the state of import or transit referred to in paragraph (5) has been given. Article 4 (Change in Waste Export License)

(1) Matters whose change shall require a license, from among matters for which the waste export license has been granted, under the latter part of Article 6 (1) of the Act, shall be as follows:

1. Change of the exporter or the importer;

2. Change of the name, physical characteristics, and chemical composition of wastes;

3. Change of the quantity of exported wastes;

4. Change of waste disposal or recycling method, or the place for disposal; and

5. Change of the customs office or the competent authority for state of import or transit. (2) A person who desires to amend the details of the waste export license for the reason stated under any subparagraph of paragraph (1), shall submit the application for amendments to waste export license on annexed Form No. 1, accompanied by the following documents to the Minister of Environment:

1. Original of waste export license; and

2. Documents supporting the amended details. (3) Where the Minister of Environment receives an application for amendment of waste export license pursuant to paragraph (2), he shall issue a license for amendment of waste export license in annexed Form No. 1 pursuant to Article 3 (2), (3) and (5). Article 5 (Preparation, etc. of Export Movement Documents) (1) Export movement documents under Article 7 (1) of the Act shall be in annexed Form No. 2. (2) Reports under Article 7 (2) of the Act shall be made in accordance with annexed Form No. 3. (3) Deleted. Article 6 (Records, etc. of Export Movement Documents) "Other matters determined by Presidential Decree" in Article 8 (1) of the Act, where exported wastes concerned are domestically transferred to others, means:

1. The name of a transferor and a business name, representative's name, address, and telephone number . Waste Management

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of a transferee or carrier; and

2. The quantity, kind and means of transportation and place for the exchange of the transferred wastes.

Articles 7 and 8 Deleted. Article 9 (Waste Import Licenses)

(1) A person who intends to obtain a waste import license pursuant to Article 10 (1) of the Act shall submit to the Minister of Environment an application for a waste import license in annexed Form No. 4, together with the following documents:

1. The import contract or the order sheet stating that the wastes concerned are managed in an environ- mentally sound manner and the import price is the cost, insurance and freight (C.I.F.) price;

2. Any document specifying the special features, use and purposes of the imported wastes;

3. The domestic transportation contract specifying the routes and means of transportation, and the name of carrier of the imported wastes;

4. In cases of imports pursuant to Article 10 (6) of the Act (hereinafter referred to as "package import"), the package import plan in which the import volume is recorded by the customs office at the port of entry for the imported wastes, by the expected date of import, or by the expected month of import;

5. Payment receipt of the waste import license fee under Article 20 (2);

6. Plans for disposing of or recycling imported wastes (copies of a license for the business of disposing of wastes or a certificate of completed report filed for recycling wastes shall accompany it);

7. and 8. Deleted;

9. In cases where the import is carried out through an agent, the import agency contract; and

10. Any insurance policy, or other guarantee under Article 6 (11) of the Convention. (2) In cases where the Minister of Environment receives a request for agreement with respect to the import of wastes from the competent authority for state of export in accordance with the provisions of Article 10 (3) of the Act, he shall serve a notice with respect to such agreement, conditional agreement, disapproval, or request for additional information on the competent authority for such state of export within 10 days from the date of the receipt of such request.

(3) and (4) Deleted. (5) In cases where the Minister of Environment notifies the competent authority for state of export of the consent for import under paragraph (2), he shall issue, without delay, an import license in annexed Form No. 4 to the applicant of such import license. Article 10 (Deemed Requests for Waste Import Consents) In granting a waste import license in accordance with Article 10 (1) of the Act, if producers or exporters of the wastes concerned request the waste import consent through the competent authority for state of export, the Minister of Environment shall deem that he has been requested to grant the waste import Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 750

consent from the competent authority for state of export of wastes concerned in accordance with Article 10 (3) of the Act. Article 11 (Change in Waste Import Licenses)

(1) Matters whose change requires a license, from among matters for which the waste import license has been granted, under the latter part of Article 10 (1) of the Act, shall be as follows:

1. Change of the importer or the exporter;

2. Change of the name, physical state and chemical composition of wastes;

3. Change of the quantity of wastes whose importation has been scheduled;

4. Change of waste disposal or recycling method, or the place for disposal;

5. Change of the domestic customs offices at the port of entry or the domestic port of destination; and

6. Change of the customs office or the competent authority for state of import or state of transit. (2) Any person who desires to change the waste import license for the reasons under any subparagraph of paragraph (1), shall submit to the Minister of Environment an application for change of waste import license in annexed Form No. 4, accompanied by the following documents:

1. Original of waste import license; and

2. Documents supporting the amended details. (3) Where the Minister of Environment receives an application for amendments to waste import license pursuant to paragraph (2), he shall issue a license for amendments to waste import in annexed Form No. 4 pursuant to Article 9 (2) and (5). Article 12 (Preparation, etc. of Import Movement Documents) (1) Import movement documents under Article 11 of the Act shall be in the format shown in annexed Form No. 5.

(2) Import movement documents under paragraph (1) shall be prepared at the time when the imported wastes are recognized as domestic articles and are then carried out of a bonded area under Article 154 of the Customs Act (including a place outside the boundary of a bonded area for which permission for storage is granted under Article 156 of the same Act) or a free trade zone under subparagraph 1 of Article 2 of the Act on the Designation and Management of Free Trade Zones.

[This Article Wholly Amended by Presidential Decree No. 16406, Jun. 21, 1999] Article 13 (Records, etc. of Import Movement Documents) "Other matters determined by Presidential Decree" in Article 12 (1) of the Act means:

1. The name of a transferor and a business name, representative's name, address, and telephone number of a transferee or carrier; and

2. The quantity, type, means of transportation, and place for the exchange of the transferred wastes. Article 14 (Reports, etc. on Imported Waste Transfer) (1) Any person to whom imported wastes have been transferred under Article 13 (1) of the Act shall . Waste Management

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submit to the Minister of Environment, within five days from the date he takes them over, a report on the imported waste transfer in annexed Form No. 6, together with the following:

1. A copy of transfer contract for the wastes concerned; and

2. A plan on use or disposal of the wastes concerned. (2) The Minister of Environment shall, when he receives a report on imported waste transfer under paragraph (1), issue a certificate of completed report on imported waste transfer in annexed Form No. 6 within 5 days from the date he has received such report. Article 15 (Notice of Results of Disposal of Imported Wastes, etc.) Any person who completes the disposal of imported wastes under Article 14 of the Act shall serve a notice prepared in annexed Form No. 7 with respect to the receipt of the relevant wastes and the results of their disposal on the competent authority for state of export and the exporter, and submit a copy thereof to the Minister of Environment within ten days from the date of completion of such disposal.

[This Article Wholly Amended by Presidential Decree No. 17307, Jul. 16, 2001] Article 16 Deleted. Article 17 (Method of Packing and Attaching Marks) The method of packing wastes or the method of attaching marks to such packaging in accordance with Article 17 (1) of the Act, except as provided for by other Acts and subordinate statutes, such as the Ship Safety Act and the Aviation Act, shall be in accordance with the standards in the attached Table. Article 18 (Prohibitions on Exports and Imports, etc.) (1) The Minister of Environment shall, when he intends to take steps to prohibit or limit the export and import of wastes in accordance with Article 19 (1) of the Act, publish lists of prohibited or limited items, means of prohibiting or limiting them and the term of the prohibition or limitation thereon. (2) Wastes prohibited from being imported under Article 19 (2) and (4) of the Act shall be the hazardous wastes, threatening to cause serious damages to human health or environment, that the Minister of Environment publishes after judging that their recycling and proper disposal are impossible domestically and making consultations thereon with the Minister of Knowledge Economy. (3) Deleted. Article 18-2 (Nations to which Exports of Wastes are Prohibited) Wastes shall be prohibited from being exported to any nation in accordance with Article 19 (3) and (4) of the Act with the exception of nations falling under each of the following subparagraphs:

1. Signatories to bilateral, multilateral or regional agreements under Article 11 of the Convention; and

2. The member nations of the Organization for Economic Cooperation and Development, the member nations of the European Union, and Liechtenstein. [This Article Newly Inserted by Presidential Decree No. 17307, Jul. 16, 2001] Article 19 (Report, etc.)

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 752

(1) The following person who has exported, imported or has taken over wastes shall submit the following report to the Minister of Environment within 15 days from the end of every half term:

1. Any person who has obtained the export license under Article 6 (1) of the Act: a report on the result pertaining to exported wastes in annexed Form No. 8;

2. Any person who has obtained the import license under Article 10 (1) of the Act: a report on the result pertaining to the disposal of imported wastes in annexed Form No. 10; and

3. Any person who has taken over imported wastes under Article 13 (1) of the Act: a report on the result pertaining to the disposal of transferred and imported wastes in annexed Form No. 10. (2) Deleted. CHAPTER SUPPLEMENTARY PROVISIONS

Article 20 (Calculation Method, etc. of Fees)

(1) Pursuant to Article 23 (2) of the Act, a waste export or import license fee (hereinafter referred to as the "export/import license fee") shall be calculated by the following methods: Provided, That the amount less than 1,000 won is excluded from the amount for the calculation and, in case where the standard amount is described in a foreign currency, the calculation shall be made by applying the exchange rate at the time of payment:

1. For export: the free on board (F.O.B) price of the wastes concerned󫀑,000;

2. For import: the cost, insurance, and freight (C.I.F) price of the wastes concerned 󫀑,000; and

3. In case where the C.I.F price or the F.O.B price is unknown: disposal expenses of the pertinent wastes determined by the Minister of Environment󫀑,000. (2) Any person who desires to export or import wastes (hereinafter referred to as the "importer/exporter"), after calculating the export/import license fee under paragraph (1), shall submit a statement of payment for the waste export/import license fee in the annexed Form No. 11, to a bank which deals with foreign exchanges, and submit the payment receipt to the Minister of Environment when he applies for the export/import license for the wastes concerned. (3) The Minister of Environment, concerning the package export or the package import, may allow an exporter/importer to pay the export/import license fee for the wastes concerned each time the export or the import has taken place until the total amount of the export/import license fee is paid, or he may allow him to pay the total amount by installment as determined and notified by the Minister of Environment. Article 21 (Refund of Fees)

(1) The Minister of Environment shall, in case where he has received the application for the waste export or import license under Article 3 or 9, but does not permit the waste export or import, or where . Waste Management

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the exporter or the importer does not export or import the pertinent wastes for which the license has been granted, or where the exporter or the importer has made an over-payment for the fee by mistake, refund the whole or part of the export/import license fee already paid.

(2) Any person who intends to get refund of the export/import license fee under paragraph (1), shall submit to the Minister of Environment the application for the refund of the export/import license fee in annexed Form No. 12, together with:

1. the waste export or import license (except in case where the license has not been granted);

2. the waste export or import movement document (except in case where the license has not been granted); and

3. the payment receipt of waste export or import license fee. (3) When the Minister of Environment receives an application for the refund of waste export/import license fees under paragraph (2), he shall serve on the applicant a statement of decision for the refund of the waste export/import license fees, prepared according to annexed Form No. 12 within 7 days from the date of the receipt of such application and shall refund such fees to him. (4) Deleted. Article 22 (Designation of Competent Authorities, etc.) The competent authorities under Article 25 of the Act shall be the Minister of Environment, and the liaison officer shall be the director who is in charge of the tasks for waste export/import at the Waste Resources Bureau of the Ministry of Environment. Article 23 Deleted. Article 24 (Delegation of Authority)

The Minister of Environment shall delegate his authority falling under each of the following subparagraphs to the head of the basin environmental office or the regional environmental office in accordance with Article 27 (1) of the Act:

1. Authority for granting export licenses, amending such export licenses and attaching conditions thereto under Article 6 (1), (4) and (5) of the Act;

2. Authority for seeking agreement from the state of import or transit under the main sentence of Article 6 (3) of the Act;

3. Authority for receiving reports on the cancellation of plans for exporting wastes under Article 7 (2) of the Act;

4. Authority for granting permission for importing and amending, and attaching conditions thereto under Article 10 (1), (5) and (6) of the Act;

5. Authority for determining whether to give agreement with respect to imports of wastes and serve notices thereof under Article 10 (4) of the Act;

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6. Authority for receiving reports on the acquisition by transfer of imported wastes under Article 13 (2) of the Act;

7. Authority for receiving documents showing the results of disposal of imported wastes under Article 14 of the Act;

8. Authority for canceling licenses for exporting and importing wastes under Article 15 of the Act;

9. Authority for determining whether to give agreement with respect to the transit of wastes and of serving notices thereof under Article 16 (1) of the Act;

10. Authority for designating ports where wastes are loaded and unloaded, limiting areas where wastes are loaded and unloaded, and consultations thereabout under Article 18 (1) of the Act;

11. Authority for limiting transit ports or transit areas of wastes and consultations thereon under Article 18 (2) of the Act;

12. Authority for ordering exporters and importers to ship wastes into and out of areas or to control such wastes under Article 20 (1) of the Act;

13. Authority for receiving requests from the heads of administrative agencies for steps necessary for shipping wastes into or out of areas, taking such steps and serving notices on the results thereof under Article 20 (2) and (3) of the Act;

14. Authority for performing the execution by proxy and collecting expenses necessary therefor under Article 21 of the Act;

15. Authority for issuing orders to make reports, requesting the submission of materials and conducting inspection under Article 22 (1) of the Act;

16. Authority for asking the heads of relevant administrative agencies to furnish necessary materials under the former part of Article 24 of the Act;

17. Authority for imposing and collecting fines for negligence under Article 32 of the Act; and

18. Authority for performing the business of refunding fees under Article 21. [This Article Wholly Amended by Presidential Decree No. 17307, Jul. 16, 2001] CHAPTER PENAL PROVISIONS

Article 25 (Imposition of Fines for Negligence)

(1) Where the Minister of Environment imposes a fine for negligence pursuant to Article 32 (2) of the Act, he shall specify in writing the conduct of an offense and the amount, etc. of such fine for negligence, after investigating and confirming the offense, and notify the person subject to such disposition of fine for negligence. (2) Where the Minister of Environment intends to impose a fine for negligence pursuant to paragraph (1), he shall provide the person subject to fine for negligence with an opportunity to state his opinion orally or in writing (including an electronic document) by fixing a period of no less than ten days. In this case, if no statement is made by the fixed date, he shall be deemed to have no objection. (3) The Minister of Environment shall take account of the motive of the offense and its consequence, etc. in fixing the amount of fine for negligence. (4) With respect to the collection procedures of fines for negligence, the procedure for paperwork of . Waste Management

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a revenue collection officer under the Enforcement Decree of the Management of the National Funds Act shall apply mutatis mutandis.

ADDENDUM

This Decree shall enter into force on the day on which the Convention becomes effective in the Republic of Korea.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) Article 2 Omitted.

ADDENDUM This Decree shall enter into force on January 1, 1998: Provided, That the amended provisions of Article 18 (3) shall enter into force on July 1, 1998.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 5 Omitted.

ADDENDUM This Decree shall enter into force on the date of its promulgation. ADDENDUM This Decree shall enter into force on the date of its promulgation. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2001. Articles 2 through 8 Omitted.

ADDENDA (1) (Enforcement Date) This Decree shall enter into force on July 17, 2001. (2) (Transitional Measures concerning Nations to Which Exports of Wastes are Prohibited) The member nations of the Organization for Economic Cooperation and Development, the member nations of the European Union and Liechtenstein under the amended provisions of subparagraph 2 of Article 18-2 shall be deemed signatories to the Convention by the date pre ceding the date on which the Annex of the Convention adopted at the third general meeting of "signatories to the Convention" takes effect. Reproduced from statutes of Republic of Korea

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(3) (Transitional Measures concerning Pending Procedures) Any application, declaration and report, etc. that are filed with the Minister of Commerce, Industry and Energy under the previous provisions at the time when this Decree enters into force shall be deemed filed with the Minister of Environment under this Decree.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 5 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2003. (Proviso Omitted.) Articles 2 through 6 Omitted.

ADDENDUM This Decree shall enter into force on the date of its promulgation. ADDENDUM This Decree shall enter into force on November 18, 2007. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.