1. Reason for enactment

To stipulate matters necessary for the designation and operation of virus-free certifying institution in accordance with Articles 36-5 through 36-8 of the Seed Industry Act and Articles 23-8 through 23-13 of its Enforcement Rules

3. Main contents

□ Proposed enactment of the "Guidelines for Designation and Operation of Virus-free Certifying Institution”

a. Criteria and application method for designation as a virus-free certifying institution (Articles 4 and 5, Chapter 2 of the proposed Guidelines)

- Those wishing to be designated as a virus-free certifying institution should complete and submit to the Korea Seed & Variety Service a written application for their designation as a virus-free certifying institution.

- The application form should be accompanied by documents proving that the applicant has met the criteria for designation as a virus-free certifying institution and guidelines on compensation for damages caused by defects in pathogen-free certified seedlings.

b. Examination and notification of results for designation of a certifying institution (Articles 6 and 7, Chapter 2, Attachment No. 1 of the proposed Guidelines)

- When an application for designation of a certification institution is received, the Director of the Korea Seed & Variety Service should instruct the subordinate officials to examine the application and to report the results using the form for certification institution designation review and evaluation [as checklist]. 

- If the results of the examination meet the criteria for designation of a certifying institution, a certificate of designation as a virus-free certifying institution will be issued, and the details should be posted on the website of the Korea Seed & Variety Service. 

- The details to be posted on the website will include the name and representative of the virus-free certifying institution, office location and phone number, designation reference number and date of designation, crops subject to pathogen-free certification, and validity of the designation. 

c. Survey and inspection and administrative dispositions for certification service agencies (Articles 8 and 9, Chapter 3, Attachment No. 2 of the proposed Guidelines)

- The Director of the Korea Seed & Variety Service should survey and inspect the virus-free certifying institution to ensure their compliance with the designation guidelines and the appropriateness of their virus-free certification once a year or more frequently.

- If any violation is found, a written confirmation shall be requested, and administrative actions should be taken in accordance with the disposition guidelines under Article 23-12, Appendix 3-6 of the Rules, including revocation of designation as a virus-free certifying institution. Producers of pathogen-free seedlings should be notified of related details by mobile phone, etc.

d. How to renew the designation of a certifying institution (Article 10, Chapter 3 of the proposed Guidelines)

- Those wishing to have their designation as a virus-free certifying institution renewed should submit a written application for renewal of designation as a virus-free certifying institution to the Korea Seed & Variety Service no later than three months before the expiration of the five-year validity.

- When the certifying institution designation letter is to be reissued based on the result of the designation review, the previous certification agency designation number will be reassigned.

e. Declaration of changes in designation of a certifying institution (Article 11, Chapter 3 of the proposed Guidelines)

- If any important items* of a virus-free certifying institution are changed, the following documents** must be attached to the written declaration of changes of designation submitted to the Korea Seed & Variety Service within one month of the date of change:* Name and location of the agency, name of representative, corporate registration code, and crops to be certified as pathogen-free** Original designation letter of the virus-free certifying institution, documents that can prove the change(s) in the virus-free certifying institution designation

f. Withdrawal of certifying institution designation (Article 12, Chapter 3 and Attachment No. 3 of the proposed Guidelines)

- Stipulates that a certifying institution wishing to terminate its service of virus-free certifying institution voluntarily must submit an application for withdrawal of designation and submit its designation letter to the Korea Seed & Variety Service. 

- The Director of the Korea Seed & Variety Service will notify the withdrawal of designation of the certifying institution in writing within 10 days of verifying the certification service details before the application is submitted for withdrawal of the designation. The Director will also upload the details on the website.

g. Reporting of certification performances and archiving of data (Articles 13 and 14, Chapter 4 of the proposed Guidelines)

- Certification service agencies are required to report their certification service performance and results of the follow-up administration in the previous year to the Korea Seed and Variety Service every end of January. They are also required to archive related documents for three years.