A. Prohibition of, Restriction on Manufacture, Export/Import, and Use of Persistent Organic Pollutants (Article 13, paragraphs 5 and 6)

- Remedy some inadequacies in Article 13, paragraph 5 that were newly inserted in accordance with Act No. 13886

- Add ‘mercury’ to the list of substances subject to prior approval for export in response to the strengthening of international regulations on mercury (The Minamata Convention that went into effect in August, 2017)

B. Orders for Improvement, Orders for Suspension of Use and Orders for Closure (Article 16, paragraph 4)

- Provide a basis for the Minister of Environment (authority delegated to the river basin,  regional environmental offices) to notify the neighboring residents of the details of administrative measures taken, such as suspension of use of dioxin discharge facilities (due to violation of Orders for Improvement resulting from noncompliance with permissible discharge standards) or their closure (due to the difficulty of compliance with permissible discharge standards by reason of deterioration of the facilities, etc.)

C. Basic Plan for Persistent Organic Pollutants Control (Article 5, paragraph 1)

- Reflect the changes in applicable provisions made by the Environmental Policy Commission with the function of deliberating the basic plan for persistent organic pollutants control

(1) Reasons for Proposal

The UNEP (United Nations Environmental Program) adopted the ‘Minamata Convention on Mercury’ in 2013 to reduce mercury exposure globally, and with the recent completion of ratifications by member states such as EU, the Convention already entered into force internationally (August 16, 2017). After signing the Convention in 2014, our country amended the Persistent Organic Pollutants Control Act (January 27, 2016) to incorporate the content of the Convention in domestic law. However, since provisions for the export of mercury are still inadequate, the Act aims to remedy them and rapidly expedite domestic ratification procedures.

Meanwhile, with respect to the failure to follow an order for improvement issued for having exceeded the permissible discharge standards for persistent organic pollutants, or to the issuance of an order for suspension of use or for closure, this Amendment aims to provide a basis for notifying the neighboring residents of the relevant fact, thereby strengthening the right to know of the residents near the discharge facilities.

(2) Major Provisions

A. Add ‘mercury’ to the list of substances subject to prior approval for export (Article 13, paragraph 6)

Newly insert a provision that a person who intends to export mercury that is restricted under the 「Minamata Convention on Mercury」 shall obtain approval of the Minister of Environment by submitting the relevant documents such as a written application for export approval

B. Promote the residents’ right to know about dioxin discharge facilities (Article 16, paragraph 4))

Newly insert an applicable provision that the head of a regional environmental office may notify the neighboring residents of nonperformance of an order for improvement issued for having violated the permissible dioxin discharge standards or of an order for suspension of use of or for closure of those facilities based on judgment on the impossibility of compliance with the standards.

C. Incorporate the amended provision of the other Act (Article 5, paragraph 1)

Reflect the fact that the Central Environmental Policy Commission’s applicable provision of Article 37, paragraph 1 of the Framework Act on Environmental Policy prescribing the deliberation of the basic plan for persistent organic pollutants control has been amended to read Article 58, paragraph 1 of the same Act

(3) Amendment Details

Proposed Partial Amendments to the Persistent Organic Pollutants Control Act (including the details amended by Act No. 13886)

Part of the Persistent Organic Pollutants Control Act shall be amended as follows (including details amended by Act No. 13886).

Article 37, paragraph 1 of the “「Framework Act on Environmental Policy」 in the preceding part of Article 5, paragraph 1 shall be amended to read “Article 58, paragraph 1 of the 「Framework Act on Environmental Policy」.”

“The person and paragraph 3” in the preceding part of Article 13, paragraph 5 shall be amended to read “The person and paragraph 3, subparagraphs 1 and 4." “Every year” shall be amended to read “per trading,” and paragraph 6 shall be newly inserted in the same Article.

⑥ A person who intends to export restricted persistent pollutants according to paragraph 3, subparagraphs 2 to 4 shall obtain approval of the Minister of Environment by attaching the documents prescribed by the Ordinance of the Ministry of Environment to the extent permitted under Article 3, paragraph 6 of the Minamata Convention. The same shall apply to cases of the changes in the important matters in the approved details prescribed by the Ordinance of the Ministry of Environment.

Article 16, paragraph 4 shall be newly inserted as follows.

④ Where orders for suspension of use or for closure are issued according to the provisions of paragraphs 2 and 3, the Minister of Environment shall notify the residents to be affected of the relevant fact as prescribed by the Ordinance of the Ministry of Environment.

ADDENDA

Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation, provided, however, that Article 13, paragraphs 5 and 6 shall come into force from the date the Minamata Convention takes effect in our country in the same way as the details amended by Act No. 13386.

Article 2 (Applicability to Notification to Residents Concerning Prohibition of Use or Closure of Discharge Facilities) The amended provisions of Article 16, paragraph 4 shall apply to an act of violation that occurs for the first time after the enforcement of this Act.