1. Reasons for Amendment

The Act on the Promotion of Saving and Recycling of Resources was amended (Act No. 19311; promulgated on March 28, 2023; to be enforced on March 29, 2024) to newly insert a definition of recycled materials and prescribe that when plastic products or containers use at least a certain percentage of recycled materials, the content thereof may be indicated on the products or containers. Accordingly, this Amendment concretizes the definition of recycled materials, prescribes minimum requirements for recycled content claims, and prescribes matters delegated by the Act, such as the application and approval procedure for recycled content claims, and matters necessary for the enforcement thereof. It also adds carbon dioxide-converted carbonates, pyrolysis oil, and biofuel oil to the scope of recycled products to enable the formulation of quality standards and certifications.

2. Major Provisions 

A. Concretize provisions in accordance with the newly inserted definition of recycled materials (Article 1-2)

 - Materials that may be recycled in accordance with the recycling methods and standards under attached Table 6

 - Materials that have been recycled in accordance with the recycling methods and standards for each category pursuant to Article 5 of the Enforcement Rule of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles (these shall comply with the maximum levels of hazardous substances set forth in attached Table 1-2 of the Enforcement Decree of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles).

 - Materials that have been recycled in accordance with methods and standards that have been separately determined and announced by the Minister of Environment

 - Other materials that have been recycled in accordance with recycling methods and standards prescribed in other laws

B. Shift provisions (Article 1-3, Articles 3-3 through 3-7)

 - Shift the definition of waste-to-energy from Article 1-2 to Article 1-3.

 - Shift and modify Articles 3-3 through 3-7 in accordance with the amended Act.

C. Add standards for the evaluation of the quality and structure of packing materials (Article 3-3 (1) and Article 3-6 (1))

 - Change from the “quality, structure, and ease of recycling” to the “quality, color, weight, and ease of recycling” of packaging materials in accordance with the amended Act.

D. Newly insert a definition of automated information terminals (Article 4 (1))

 - Newly insert a definition of automated information terminals, which are devices that process food orders, payments, etc. by displaying information in an electronic format on a touchscreen, etc.

E. Modify terms concerning recycled materials (Article 14 (1) and (2), attached Form 9-3)

 - Modify terms concerning recycled materials by replacing “재활용원료 (recycled material)” with “재생원료 (recycled material)” and “폐플라스틱재활용원료 (recycled waste plastics)” with “폐플라스틱재생원료 (recycled waste plastics)” in accordance with the amended Act.

F. Prescribe detailed procedures for recycled content claims (Article 23-3)

 - Stipulate that recycled content claims shall be applicable to recycled waste plastics, and that the minimum content shall be 10% for food grade polyethylene terephthalate (PET) bottles and 20% for all others (attached Table 12 added).

 - Add a recycled content claim application form (attached Form 17-5 added).

 - Issue the applicant with a written approval within 30 days if the recycled content application is acceptable (attached Form 17-6 added).

 - Prescribe that the Korea Environment Corporation may conduct an investigation when necessary to determine the suitability of recycled content claims.

G. Adjust citations of the Act (subparagraphs 1-2 and 1-3 of Article 26)

 - Adjust provisions concerning improvement orders and suspension orders regarding quality and structure standards to Article 9-2 of the Act in accordance with the amended Act.

 - Adjust provisions concerning evaluations of the quality and structure of packing materials from Article 9-3 (2) of the Act to Article 9-4 (2) of the Act in accordance with the amended Act.

H. Add recycled products (attached Table 1)

 - Carbon dioxide-converted carbonates (attached Table 1, item (q))

 - Oils made from waste plastics and oils used as fuel (attached Table 1, subparagraph 4 (d))

 - Methanol and oils made from waste rubber (attached Table 1, subparagraph 5 (d))

 - Biodiesel, BD20, and biofuel oil (attached Table 1, subparagraph 9 (b))

I. Prescribe compulsory restrictions on the use of single-use products by lodging businesses (attached Table 2, subparagraph 3)

 - Prescribe that single-use razors, single-use toothbrushes and toothpastes, and single-use shampoos and conditioners shall not be provided free of charge.