1. Reasons for Amendment
There are cases where a business entity who belongs to the association of motor vehicle importers that has obtained permission for its establishment from the Minister of Environment in accordance with Article 32 of the Civil Act, among those who intend to import and sell motorcycles from a person other than a foreign automobile manufacturer, obtains or skips over the certification by expedient methods contrary to the original purpose of the certification system, such as he/she selecting one vehicle to be tested for certification and skipping over the certification up to 500 motorcycles without testing if the vehicle passes the test. Therefore, this amendment aims to improve the fairness and equity of the certification system and shortcomings in the operation of the system, such as requiring a test institute to randomly select a vehicle to be tested for certification and test it and allowing only up to 99 units to skip over the certification to improve fairness for those who do not belong to the association of motor vehicle importers.
2. Major Provisions
A. Change the provision from that a person belonging to the association of motor vehicle importers may skip over the certification up to 500 individual motorcycles without testing if only one vehicle passes the certification test to that he/she may skip over the certification up to 99 units only when at least 21 or more units have cleared customs at the same time (Article 4 (1) 5).
B. Fifty motor vehicles imported within 10 customs clearances within one year if the exhaust gas from the motor vehicle imported by a person not belonging to the association of motor vehicle importers is 50% or less of the emission limit in the certification test (Article 4 (1) 6).
C. No motor vehicle that has a history of being selected as a test vehicle and no vehicle that is the same as a vehicle that did not pass the final test as a result of the initial certification test may skip over the certification (Article 4 (2) 1).
D. Regarding the omission of certification pursuant to the proposed Article 4 (1) 5 for motorcycles, if confirmation from the Korea Automobile Environmental Association is attached, the confirmation of identity by the Korea Environment Corporation may be omitted (Article 8 (11)).
E. The Korea Environment Corporation was able to conduct emission and noise tests on motorcycles for which individual vehicle certification was omitted. However, the amendment makes it compulsory for the Korea Environment Corporation to randomly select and test one vehicle (Article 8 (12)).
F. Upon confirming that the motor vehicle manufacturer imported the same vehicle to obtain the certification pursuant to the proposed Article 4 (1) 5, before determining the emission and noise certifications, the Minister of Environment or the President of the National Institute of Environmental Research shall immediately suspend the issuance of certificates (Article 29 (3)).
G. Stipulate that one of the following actions be implemented within one year if a vehicle is confirmed to have defects in the certification test: continuation of the certification test, re-application for certification after correcting the cause of such defects, export to overseas, or disposal (Article 32 (2)).
