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Government Legislation

  • Partial Amendment to the Enforcement Rule of the Special Act on the Reduction and Management of Fine Dust
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2023-03-15
    • Opinion Submission Deadline : 2023-04-24

1. Reasons for Amendment

As the Special Act on the Reduction and Management of Fine Dust was revised (Act No. 18906; promulgated on June 10, 2022 and to be enforced on June 11, 2023), this amendment aims to improve/supplement some shortcomings that have emerged in the operation of the current system, such as setting specific standards and methods for the validity period (within five years) of performance certification, performance tests, and performance checks of simple fine dust measuring instruments used to provide information to the general public.



2. Major Provisions

A. Set the validity period of performance certification (Article 16-2 newly inserted)

Set the validity period of the performance certification of fine dust simple measuring instruments five years from the date of the certification and require obtaining certification again if a person intends to manufacture/import a fine dust simple measuring instrument after the expiry date.


B. Perform performance tests (Article 16-3 newly inserted)

In cases where it is judged that damage has occurred or is likely to occur due to deterioration in the quality of certified products, where performance check results are inappropriate, and where it is deemed necessary by the President of the National Institute of Environmental Research, performance tests may be conducted, and the test methods and standards shall comply with Attached Table 1 (Performance Certification Ratings).


C. Add requirements for the designation performance certification institutes (Article 17 (1) 3 and 4 newly inserted)

Add testing institutes under Article 23 of the Framework Act on National Standards and research institutes specializing in manufacturing technology under Article 42 of the Industrial Technology Innovation Promotion Act to the institutions that are able to designate performance certification institutions.


D. Performance inspection standards, cycles, methods, etc. (Article 18-2 and Attached Table 1-2 newly inserted) 

Newly insert performance inspection standards, cycles, methods, and procedures for simple fine dust measuring instruments for such those who disclose measurement results to the public using simple fine dust measuring instruments.


E. Provide detailed standards for the suspension of use and re-inspection of measuring instruments (Article 18-3 and Attached Table 3-2 newly inserted) 

Provide detailed standards for the suspension of use and re-inspection of fine dust simple measuring instruments used by those who disclose the measurement results of the fine dust simple measuring instruments to the public.


F. Newly insert performance inspection fees and refund rules (Article 20 revised and Attached Table 6 newly inserted)

Set performance inspection fees for fine dust simple measuring instruments within the range of one million won or less and provide fee refund rules.

 

G. Clarify the qualification standards for personnel that a performance certification institution shall meet for performance inspection and add equipment standards (Attached Table 2 revised)


H. Newly insert forms for performance inspection application, performance inspection record, and performance inspection certificate (Attached Forms 2-2, 3-2, and 3-3 newly inserted)


I. Clarify the expression of the performance certification application processing period (Attached Form 2 revised) 


J. Add the English translation of the performance certificate form (Attached Form 3 revised)


Regulatory effect assessment
  • 미세먼지 저감 및 관리에 관한 특별법 시행규칙(규제영향분석서)_20230302.hwp [download]
Legislative proposal (draft)
  • 2.미세먼지 저감 및 관리에 관한 특별법 시행규칙 일부개정령안.hwpx [download]