EPR System
We will spearhead the efforts to promote recycling.
EPR System
EPR Implementation Procedure
Recycling Obligation Fulfillment Certification Scheme
Recycling Obligation Fulfillment Certification System
Information on the System Certification Procedure Ministry of Environment Notice Operating
Guidelines

Notice of the Recycling Obligation Fulfillment Certification Procedure
and Certification Mark, etc.


[Enforcement Date: Feb. 9, 2018] [Ministry of Environment Notice No. 2018-23, partially amended on Feb. 9, 2018]

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Notice is to set forth the matters necessary in relation to the procedure, marking, etc. to certify that a producer obligated to recycle has faithfully fulfilled his/her recycling obligations in case of paying charges to a recycling busines cooperative (hereinafter referred to as a “cooperative”), referred to in Article 27, or recovering and recycling directly or via a contractor all the wastes from the products and/or packaging materials that he/she has manufactured and/or imported, in accordance with Article 17-2 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the “Act”).

Article 2 (Definitions)

The definitions of the terms used in this Notice are as follows
1. The term, “certification for fulfilling the recycling obligations (hereinafter referred to as the ‘certification’),” means the acknowledgement that a producer obligated to recycle has faithfully fulfilled his/her recycling obligations in case of paying charges to a cooperative or recovering and recycling directly or via a contractor all the wastes from the products and/or packaging materials that he/she has manufactured and/or imported, in accordance with Article 17-2 of the Act
2. The term, “applicant,” means an individual wishing to obtain a certification for fulfilling the recycling obligations
3. The term, “individual who received the certification,” means an individual who has been issued a certification for fulfilling the recycling obligations
4. As for all other terms not defined in this Notice, the definitions prescribed in the 「Wastes Control Act」 and the 「Act on the Promotion of Saving and Recycling of Resources」 shall apply mutatis mutandis.

Article 3 (Operating Institutions)

① The Minister of Environment shall entrust the tasks related to the certification for fulfilling the recycling obligations to cooperatives, in accordance with Article 48 (3) of the Enforcement Decree of the Act.
② The operating institutions shall perform the following tasks
1. Receive applications and check the attached documents
2. Perform a review for the certification for fulfilling the recycling obligations
3. Carry out a field inspection according to the certification review
4. Send the review result
5. Respond to an appeal filed against the review result, if any
6. Carry out follow-up management with respect to certifications
7. Promote certification results
8. Any other matters deemed necessary by the Minister of Environment.

CHAPTER 2 CERTIFICATION PROCEDURE

Article 4 (Certification Targets and Criteria)

① Certification targets refer to the products and packaging materials subject to mandatory recycling, in accordance with Article 16 (1) of the Act and Article 18 of the Enforcement Decree of the Act.
② The certification criteria are as follows
1. The producer obligated to recycle has recovered and recycled all the wastes from the products and/or packaging materials that he/she has manufactured and/or imported
2. The producer obligated to recycle has paid the charges to a cooperative for all the wastes from the products and/or packaging materials that he/she has manufactured and/or imported.

Article 5 (Application for Certification)

① An individual wishing to obtain the certification shall submit to a cooperative the application form in Form 1.
② The cooperative shall review the application form and check the following matters before returning the application form to the applicant or requesting the applicant to supplement the documents, etc.
1. Whether the applicant falls under the category of producers obligated to recycle according to Article 16 (1) of the Act
2. Whether the required documents have been submitted.

Article 6 (Certification Review)

① The cooperative shall examine whether the applicant falls under the certification criteria prescribed in Article 4: Provided, That a certification review shall be performed as a document screening, in principle, but a field inspection may be carried out in parallel, as necessary.
② The processing period for a certification review shall be within 30 days of the review date referred to in Paragraph 1: Provided, That if there is a need for a field inspection, the processing period may be extended, and the field inspection period shall be excluded from the processing period.

Article 7 (Notification of the Result)

① The cooperative shall notify the applicant of the result of the certification review carried out pursuant to Article 6 (1) within 14 days of the application date according to Form 2 and report the same information to the Minister of Environment.
② The Minister of Environment receiving a report pursuant to Paragraph 1 shall issue a certification for fulfilling the recycling obligations according to Form 3 to the applicant conforming to the certification criteria.

Article 8 (Filing of an Appeal)

① An individual who wants to appeal the result of the certification review received pursuant to Article 7 (1) shall fill out the appeal application form in Form 4 and submit it to the cooperative within 30 days of being notified of the result.
② In case an appeal is filed pursuant to Paragraph 1, the cooperative shall review the details of the appeal and, if deemed reasonable, re-examine the case in accordance with Article 6 and notify the applicant of the result.

CHAPTER 3 CERTIFICATION MARK AND FOLLOW-UP MANAGEMENT

Article 9 (Certification Mark)

① An individual who has received the certification pursuant to Article 7 (2) may mark the certification for fulfilling the recycling obligations (hereinafter referred to as the “certification mark”).
② The design of the certification mark is shown in attached Table 1.

Article 10 (Cancellation of Certification)

① Cooperatives may perform follow-up management of the individuals who received the certification.
② The certification may be canceled in the event of discovering the following based on the results of the follow-up management
1. The individual did not pay the full charges referred to in Article 4 (2) 2
2. The individual obtained the certification using falsified information or any other illegitimate means
3. Deleted.

Article 11 (Re-Issuance of the Certificate)

① If the individual who received the certification falls under any of the following, the individual who received the certification or the individual who succeeded the rights to the certification may apply for re-issuance using Form 5 by attaching the certificate that has already been issued (except in cases where it has been lost) and the required documents prescribed in attached Table 2 attached thereto.
1. Loss of or damage to the certificate
2. Changes in the rights due to an assignment of the certified product or packaging material
3. Changes in the matters stated on the certificate.
② A cooperative receiving an application for re-issuance of a certificate pursuant to Paragraph 1 shall check the facts related to the subparagraph of Paragraph 1 concerned and request the Ministry of Environment to re-issue the certificate.
③ The Minister of Environment shall re-issue the certificate within 30 days of receiving the request for re-issuance pursuant to Paragraph 2.

Article 12 (Effective Period and Renewal of the Certification)

① The effective period of the certificate shall be 2 years from the date of certification, but it may be extended for two years each time: Provided, That where any of the following cases applies, a certification review during the effective period of the certification need not be performed.
1. A change in the name of the product or packaging material or the model name, among the products and/or packaging materials of the individual who received the certification, as a result of quality or performance improvement, design change, etc.
2. The product or packaging material in question was passed down to an integrated corporate body resulting from an integration or merger and acquisition, etc. of the corporate body of the individual who received the certification.
② In case an individual who received the certification wishes to extend the effective period of the certification, he/she shall apply for a review for renewal using Form 6 at least 3 months before the expiration of the effective period.
③ For matters related to granting renewal of the certification, the procedures prescribed in articles 6 and 7 shall apply mutatis mutandis.

Article 13 (Promotion of the Certification System)

① Cooperatives may perform the following within the scope of the budget to promote matters related to the certification System.
1. Promote the certification results.
2. Other businesses necessary to promote the certification System.
② In the case of certified products and packaging materials, the company in question may use the certification mark on the printed materials, advertising materials, etc. when promoting the product concerned and must comply with the Article 3 (Prohibition of Illegitimate Marking and Advertising) of the Act on Fair Labeling and Advertising.

Article 14 (Business Plan and Results Report)

① Cooperatives shall submit to the Minister of Environment a business plan necessary for the operation of the recycling obligation fulfillment certification System.
② Cooperatives shall report to the Minister of Environment the results of operating the recycling obligation fulfillment certification System over the course of one year by the end of March in the following year.

CHAPTER 4 SUPPLEMENTARY MEASURES

Article 15 (Reward)

The Minister of Environment may reward an individual who received the certification pursuant to Article 7 (2).

Article 16 (Detailed Operating Procedure)

The Minister of Environment may prepare a set of operating guidelines, if such is necessary for the detailed matters not specified in this Notice, to be implemented by the cooperatives.

Article 17 (Re-Examination Period)

The Minister of Environment shall review the validity of this Notice every 3 years from July 1, 2018 (by June 30 at every 3-year cycle) and take the necessary measures such as improvement.

ADDENDUM

Article 1 (Enforcement Date) This Notice shall enter into force on the date of its issuance.
Download the Attached Tables · Forms
Address : 2F, J Plus Building, 18, Baumoe-ro 37-gil, Seocho-gu, Seoul, Republic of Korea   |   Phone : 02-6948-8700
COPYRIGHT 2020 KPRC ALL RIGHT RESERVED