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Exporting and Importing Wastes Portal System

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Home > Law > Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal

Overview

  • The "Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal" of the Basel Convention came into effect in May 1995 as domestic law and classified wastes as red, yellow or green according to OECD standards. However, OECD's list of wastes was amended according to the Basel waste lists on March 15, 2004. Therefore, to reflect international trends in Korea, the wastes list of transboundary movement control under the "Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal" was revised. Controlled wastes of transboundary movement under the "Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal" total 86 species, specified and managed as 61 A list types, two Y code types, and 23 OECD list types.

History

  • The "Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal" was enacted on December 8, 1992 (Law No. 4534)
  • The "Enforcement Decree of the Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal" was enacted on May 28, 1994
  • The list of wastes was established on December 1994 and was last amended on December 24, 2007 (4th Amendment)
    • Competent Authority: Han River Basin Environmental and 7 Regional Environmental Office
    • Focal Point: Recycling Policy Division Manager in the Ministry of the EnvironmentRecycling Policy Division manager in Ministry of Environment

Purpose

  • The purposes of the " Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal," amended Jan. 16, 2001, are to prevent any environmental pollution caused by the transboundary movement of wastes and to improve international cooperation by controlling the export, import and inland transit of wastes for the purposes of implementing the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal and bilateral, multilateral or regional agreements based on the same convention.

Contents of Statute: 4 Chapters and 32 Articles

  • Contents of Statute

Introduction of statutes about import-export wastes

  • Article 6 (Permission for Export of Wastes)
  • ① Any person who desires to export wastes shall obtain permission from the Minister of the Environment as prescribed by Presidential Decree. The same shall also apply to cases where he/she desires to amend permitted matters. <Amended by Act No. 5391, Aug. 28, 1997; Act No. 5529, Feb. 28, 1998; Act No. 6361, Jan. 16, 2001>
  • Article 8 (Transportation of Export Wastes)
  • ① A person who transports export wastes shall carry with himself/herself the export movement documents with respect to such wastes, and in cases where he/she delivers them, the documents will include the date of delivery and other matters prescribed by Presidential Decree and signature of the carrier.
  • Article 10 (Permission on Import of Wastes)
  • ① Any person who desires to import wastes shall obtain permission from the Minister of the Environment as prescribed by Presidential Decree. The same shall also apply to cases where he/she desires to amend permitted matters. <Amended by Act No. 5391, Aug. 28, 1997; Act No. 5529, Feb. 28, 1998; Act No. 6361, Jan. 16, 2001>

Contents of Statute

  • 1. Scope of Application (Article 2 and Article 3)
    • ㆍWaste
    • ㆍExclusions
  • 2. Obligations of State (Article 4)
  • 3. Obligations of Exporters, Importers, etc. (Article 5)
  • 4. Permission for Export-Import of Wastes and Amendments (Article 6 and Article 10)
  • 5. Preparation of Export-Import Movement Documents(Para. 1 of Article 7 and Article 11)
  • 6. Reporting of wastes no longer exported (Para. 2 of Article 7)
  • 7. Obligation of a person who transports Export-Import wastes (Article 8 and Article 12)
  • 8. Transfer, etc. of Exported or Imported wastes (Article 13)
  • 9. Notice of Results of Treatment of Imported Wastes, etc. (Article 14)
  • 10. Revocation of Permission on Export or Import of Wastes (Article 15)
  • 11. Agreements, etc. on Transit of Wastes (Article 16)
  • 12. Control over Exported or Imported Wastes (Article 17)
    • ㆍWrite Transfer Document of Wastes
    • ㆍWaste Management Book
    • ㆍManagement of Waste Storage
  • 13. Designation of Export or Import Port, etc. (Article 18)
  • 14. Prohibition on Exports and Imports (Article 19)
  • 15. Order to Ship and Vicarious Execution (Article 20 and Article 21)
  • 16. Fees (Article 23)
  • 17. Designation of Competent Authority, etc. (Article 25)