Busan Metropolitan City Ordinance on the Encouragement of Purchase of Environment- Friendly Products
Chapter I General Provisions
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe matters necessary for encouraging the Busan Metropolitan City to purchase environment-friendly products under Article 11 of the Act on the Encouragement of Purchase of Environment-Friendly Products.
- Article 2 (Definition)
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The definitions of terms used in this Ordinance shall be as follows:
- 1. The term “purchase guideline” means the purchase guideline for environment-friendly products that the Minister of Environment shall establish each year and notify to the Mayor of Busan Metropolitan City(hereinafter referred to as the “Mayor”) under Article 7 of the Act on the Encouragement of Purchase of Environment-Friendly Products (hereinafter referred to as the “Act”);
- 2. The term “implementation plan of purchase” means the plan that the Mayor shall establish each year for implementing the purchase of environment-friendly products under Article 9 of the Act;
- 3. The term “purchase result” means the result from the implementation plan of purchase that the Mayor implemented under Article 9 of the Act; and
- 4. The term “enterprises in its jurisdiction” means the enterprises whose main office and product facilities are located within the area of Busan Metropolitan City (hereinafter referred to as the “city”)
- Article 3 (Relation with Other Laws)
- This Ordinance shall apply to encouragement of purchase of environment-friendly products except as provided by Acts and subordinate statutes and Municipal Ordinances.
- Article 4 (Object of Application)
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Agencies to which this Ordinance is applied as follows:
- 1. City headquarter, its immediate agencies and business place under Busan Metropolitan City Ordinance on the Establishment of Administrative Organizations;
- 2. Busan Metropolitan City Council; and
- 3. Corporations established by the City under Article 49 and 76 of the Local Public Enterprises Act.
Chapter II Establishment of Policies and Purchase Duties, Etc of Environment-Friendly Products
- Article 5 (Establishment and Enforcement of Purchase/Production Encouragement Policy) (1) The Mayor may establish and enforce a purchase/production encouragement policy to encourage purchase and production of environment-friendly products inside the city under Article 3 (1).
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(2) The purchase/production encouragement policy shall include the following matters:
- 1. Matters concerning a mid to long term plan for the encouragement of purchase of environment-friendly products;
- 2. Matters concerning education, public relations and human resource training for encouragement of purchase of environment-friendly products;
- 3. Matters concerning technological development of enterprises in its jurisdiction and sale support at home and abroad for environment-friendly products;
- 4. Matters concerning support of distributors and sellers of environment-friendly products; and
- 5. Other matters concerning public relations for the encouragement of purchase environmentfriendly products for citizens.
- Article 6 (Purchase Duties)
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In cases falling under any of the following subparagraphs, the head of an agency under Article 4 pursuant to Article 6 of the Act shall purchase environmentfriendly products: Provided, that this shall not apply in case of purchase exception under subparagraphs of Article 6 of the Act and subparagraphs of Article 7 (1):
- 1. In case of direct purchases;
- 2. In case of indirect purchases of supplied products in making a contract to provide services, maintenance and repair; and
- 3. In case of indirect purchases of supplied products in making a contract of construction work.
- Article 7 (Exception to Purchase)
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(1) “The other cases where it is judged that it is hard to purchase environment-friendly products due to unavoidable reasons including the occurrence of urgent demands shall be as follows:
- 1. Where products that will be purchased are more excellent in quality standards than environment-friendly products
- 2. Where users’ complaints about environment-friendly products are filed constantly and it is judged that there are suitable reasons for this;
- 3. Where it is difficult to accomplish the purpose of the purchase since it requires longer times to supply products due to inventory shortages of environment-friendly products, etc.;
- 4. Where urgent demand including urgent relief supplies occurs; and
- 5. Where it is impossible to purchase planed products within the budget of the current fiscal year.
- (2) The head of a agency under Article 4 shall record the reason in case it is impossible to purchase environment-friendly products falling under subparagraph (1) to (4) of Article 6 of the Act and subparagraphs of paragraph (1).
- Article 8 (Establishment of Implementation Plan of Purchase) (1) Under Article 8 (1) of the Act, the Mayor shall establish the implementation plan of purchase of environment-friendly products for the next year by referring the purchase guideline of environment-friendly products notified by the Minister of Environment and shall publicize it on the Busan City Official Gazette and the city Internet homepage before the fiscal year begins.
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(2) Implementation plan of purchase of environment-friendly products under paragraph (1) shall include following matters:
- 1. Matters concerning Article 10 (1) of the Enforcement Decree of the Act on the Encouragement of Purchase of Environment-Friendly Products;
- 2. Matters concerning the purchase plan of environment-friendly products and the purpose rate of purchase;
- 3. Matters concerning the promotion system and departments in charge for encouragement of purchase of environment-friendly products;
- 4. Matters concerning the evaluation of purchase results of environmental-friendly products and the improvement of the purchase system;
- 5. Matters concerning environment-friendly products supplies in contracts for construction and services, etc.;
- 6. Matters concerning education for officers in charge of purchasing; and
- 7. Other matters that is deemed necessary for the encouragement of purchase of environmentfriendly products.
- (3) The Mayor may require the relevant industry and non-governmental organizations, etc. to submit relevant materials if necessary to establish the implementation plan for purchasing.
- Article 9 (Purchase Result) (1) The preceding year purchase record of environment-friendly products that the Mayor counts and publicizes under Article 9 (1) of the Act shall include the following matters:
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- 1. Matters concerning Article 11 1 and 2 of the Enforcement Decree of the Act on the Encouragement of Purchase of Environment-Friendly Products;
- 2. Results of support for producers, distributors, and sellers;
- 3. Results of education and public relations for the encouragement of purchase of environmentfriendly products; and
- 4. Results of system/policy improvement for the encouragement of purchase of environmentfriendly products and good examples.
- (2) The provisions of Article 8 (1) shall apply mutatis mutandis to the method of publication of purchasing for environment-friendly products.
- (3) The Mayor may require the relevant industry and non-governmental organizations, etc. to submit relevant materials if necessary to count the purchase result.
- Article 10 (Establishment and Management of Standards of Judgment)
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The standards of judgment for environment-friendly products regarding items except for items of environmentfriendly products under Article 11 (1) 2 of the Act shall be as follows:
- 1. Recycling aggregate under Construction Waste Recycling Promotion Act;
- 2. Products that are granted a certification of an environmental grade under the Development of and Support for Environmental Technology Act; and
- 3. Products that receive the energy consumption efficiency grade under Energy Use Rationalization Act.
Chapter III Support for Production and Purchase of Environment-Friendly Products
- Article 11 (Support for Enterprises in Its Jurisdiction) (1) The Mayor may support part of the expenses within limits of budget for the production and technological development of environment-friendly products for enterprises in its jurisdiction.
- (2) The Mayor may support public relations, cultivation of markets, exports, etc. for support of distribution and sales of environment-friendly products that enterprises in its jurisdiction produce.
- Article 12 (Support for the Business of Industry-Academia Cooperation) (1) The Mayor shall actively endeavor to promote the business of industry-academia cooperation and the business of technology guidance for the development of environment-friendly products.
- (2) The Mayor may provide enterprises in its jurisdiction or educational institutions that participate in the business of industry-academia cooperation with support for part of necessary expenses within limits of budget.
- Article 13 (Promotion Business of Purchase Culture) (1) The Mayor may, if necessary for the proliferation of environment-friendly consumption life, request educational foundations, religious organizations, sports organizations, etc. located in the city to purchase environmentfriendly products preferentially.
- (2) The Mayor may, if necessary, voluntarily establish the plan concerning the purpose for the purchase or production of environment-friendly products and its method of implementation, etc. with the head of the relevant institution and organization and make an agreement promising to implement it.
- (3) The Mayor may, if necessary, provide businesses of education and public relations that are promoted for encouragement of purchase of environment-friendly products with support for part of expenses or administrative support.
- Article 14 (Support by Promotion of Policy)
- The Mayor may, if the head of a Gu/Gun establishes an implementation plan and promotes it, provide the head of a Gu/Gun with support for required expenses in whole or in part within the limits of budget.
Chapter IV Committee on Encouragement of Purchase of Environment-Friendly Products
- Article 15 (Establishment and Function)
- (1) The Mayor shall establish the Committee for the Encouragement of Purchase of Environment-Friendly Products (hereinafter referred to as the “Committee”) to deliberate the matters concerning the encouragement of purchasing environment-friendly products.
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(2) The Committee shall deliberate the following matters:
- 1. Matters concerning the establishment and change of the purchase encouragement policy;
- 2. Matters concerning the establishment and change of the implementation plan of purchase of environment-friendly products;
- 3. Matters concerning the count and publication of the purchase results for environment-friendly products;
- 4. Matters concerning the establishment, change, and abolishment of the criteria for judgment of items other than items for environment-friendly products;
- 5. Matters concerning support for producers, distributors, and sellers of environmental-friendly products in its jurisdiction;
- 6. Public relations and education of residents for the encouragement of purchase of environment-friendly products; and
- 7. Other matters that the Chairperson, when it is deemed necessary, refers to the Committee for encouragement of purchase of environment-friendly products.
- Article 16 (Composition and Term of Office) (1) The Committee shall consist of less than 20 members including one chairman and one vice chairman.
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(2) The chairman shall be the Deputy Mayor for Administrative Affairs and the vice chairman of the committee shall be elected from among the members, and the members shall be appointed or commissioned by the Mayor from among persons who fall under any of the following subparagraphs:
- 1. Public officers working for the city;
- 2. Persons who are engaged in institutions and organizations related to environment-friendly products; and
- 3. Representatives of environment-friendly products related businesses and experts.
- (3) The term of office of the commissioned members of the Committee shall be two years, and the consecutive appointment may be permitted: Provided, that the term of office of a member elected to fill a vacancy shall be the remainder of the term of the predecessor.
- Article 17 (Duties of Chairman, etc.) (1) The chairman shall represent the Committee and exercise the overall control of the affairs thereof.
- (2) The vice chairman shall assist the chairman, and if the chairman is unable to perform their own duties due to an inevitable cause, the vice chairman shall act on behalf of the chairman, and if both the chairman and the vice chairman are unable to perform their duties due to an inevitable cause, a member nominated in advance by the chairman shall act on behalf of them.
- Article 18 (Meeting) (1) The chairman shall convene and preside over the meeting of the Committee.
- (2) The meeting of the Committee shall be held at least one time each year and the meeting shall be frequently convened by the chairman if it is deemed necessary.
- (3) The deliberation of a meeting of the Committee shall start by the attendance of a majority of all incumbent members, and its resolution shall require the consent of a majority of those present.
- Article 19 (Request of Cooperation of Related Agencies, etc.)
- The Committee may, if it is deemed necessary for its operation, hear the opinions of the relevant public officers or the experts by getting them to attend or request the relevant institutions, organizations, etc. to help by submitting the materials and opinions, etc.
- Article 20 (Secretaries)
- For dealing with businesses of the Committee, the Committee shall have a secretary and a secretary shall be a director in charge of environment policy.
- Article 21 (Allowances, etc.)
- In case of the appointed members of the Committee and the person attending and speaking at the meeting, the allowances and travel expenses may be paid to them within the limits of the budget: Provided, that it shall not apply if a public officer attend at the meeting directly related to the pertinent businesses.
Chapter V Supplementary Provisions
- Article 22 (Providing Information) (1) The Mayor shall collect relevant information which is necessary for encouragement of purchase and production of environment-friendly products, and provide it with enterprises in its jurisdiction and non-governmental organizations.
- (2) The Mayor may, if it is necessary, collect information by referring the relevant specialized institution, and pay the necessary expenses within the limits of budget.
- Article 23 (Reward)
- The Mayor may select those, institutions/corporations, or organizations that offer distinguished service in the encouragement of environment-friendly products, and grant any reward.
