Reasons for Proposal

Recently, as consumers' interest in the environmental impact of products increases, the improper use of environment-related certification is increasing.

Therefore, the need to strengthen the management functions of environment-related certifications such as eco-labels and environmental product declaration is increasing. It is necessary to revise the statutes, such as establishing a new legal basis for the validity period and extension of certification.

Also, this amendment aims to lay the groundwork for the systematic management of environment-related certification systems by providing grounds for penalty surcharges in lieu of business suspension so that small businesses specializing in environment-friendly construction can maintain their business operations even if they temporarily do not meet the registration requirements.

Major Provisions

A. Provide grounds for the valid period of certification of eco-labels, etc. (Article 22-2 newly inserted)

- Legislate the validity period of eco-labels based on current business regulations, and provide grounds for the extension of the validity period under certain conditions.

B. Reinforce the follow-up management of eco-label certification and environmental declaration certification (Articles 22 and 34)

- Impose the duty on e-commerce intermediaries to manage the improper use of the environmental label/environmental declaration certification of products sold on their own distribution platforms.

- Adjust the Act to be the same as other Acts such as the Industrial Standardization Act by increasing the criminal sentence from two years to three years for stealing eco-labels or failing to comply with removal orders.

C. Reinforce legal grounds for canceling eco-label/environmental declaration certification (Article 23)

- Since eco-label certification is revoked for a material violation of environmental statutes but lack legal grounds (prescribing in the Notice), include this in the requirements for canceling eco-label certification.

- Reinforce restrictions on new certification in cases of fraudulent/unjustifiable certification and serious environmental law violations.

D. Newly insert a penalty surcharge provision in lieu of the suspension of businesses specializing in environment-friendly construction (Article 15-2 newly inserted)