Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

ENFORCEMENT DECREE OF THE TOXIC CHEMICALS CONTROL ACT

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 196

ENFORCEMENT DECREE OF THE TOXIC CHEMICALS CONTROL ACT

Wholly Amended by Presidential Decree No. 20872, Jun. 25, 2008 CHAPTER GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to provide matters delegated by the Toxic Chemicals Control Act as well as matters necessary for the enforcement thereof. Article 2 (Criteria for Designation of Poisonous Substances and Substances under Observation) The criteria for the designation of poisonous substances and substances under observation pursuant to the provisions of subparagraphs 3 and 4 of Article 2 of the Toxic Chemicals Control Act (hereinafter referred to as the "Act") shall be as specified in the attached Table 1. Article 3 (Functions of Toxic Chemicals Control Committee) The Toxic Chemicals Control Committee under the provisions of Article 7 (1) of the Act (hereinafter referred to as the "Control Committee") shall deliberate on matters falling under any of the following subparagraphs:

1. Basic plan for the control of toxic chemicals under Article 6 of the Act;

2. Whether or not to announce the results of investigation of the quantity of discharged chemicals in each workplace under Article 17 (3) of the Act;

3. Management of the harmfulness of toxic chemicals;

4. Confirmation of the toxicity of toxic chemicals;

5. Use of alternatives to toxic chemicals;

6. Public relations for the prevention of damage from toxic chemicals;

7. International cooperation related to toxic chemicals; and

8. Other matters referred to the Control Committee by the Minister of Environment in relation to the harmfulness of toxic chemicals.

Article 4 (Duties, etc. of Chairperson)

(1) The Chairperson of the Control Committee shall represent the Control Committee, and supervise the overall affairs of the Control Committee.

(2) When the Chairperson is unable to perform his/her duties due to a circumstance beyond his/her control, the Vice Chairperson shall act on behalf of the Chairperson. (3) The Chairperson shall call and preside over meetings of the Control Committee. Article 5 (Secretary)

(1) The Control Committee shall have one secretary to deal with the affairs of the Control Committee. (2) The secretary shall be appointed by the Minister of Environment from among the public officials belonging to the Ministry of Environment.

Article 6 (Allowances, etc.)

Allowances and travel expenses may be paid to members attending meetings of the Control Committee within budgetary limits: Provided, That the same shall not apply to cases where a member who is a public official attends any meeting of the Control Committee directly in connection with his/her . General

12. Enforcement Decree of the Toxic Chemicals Control Act 197

own duties.

Article 7 (Composition and Operation of Specialized Committee) (1) The Control Committee may, if necessary for the specialized research and examination of matters for deliberation by the Control Committee, have a specialized committee in each field. (2) The specialized committees shall consist of not more than 20 expert committee persons. (3) The expert committee persons shall be appointed or commissioned by the Chairperson of the Control Committee from among persons of learning and experience in each field or public officials in charge of relevant duties of relevant central administrative agencies. (4) The composition and operation of specialized committees and other necessary matters shall be determined by the Chairperson through the resolution of the Control Committee. Article 8 (Policies and Plans Subject to Consultation) The term "policies or plans prescribed by Presidential Decree" under Article 8 of the Act means policies or plans falling under any of the following subparagraphs:

1. National-scale plans for systems to cope with accidents caused by chemicals;

2. Plans for the formulation and amendment of methods of assessing and testing the harmfulness of chemicals;

3. Plans for the development, use, etc. of alternatives to toxic chemicals; and

4. Policies for the safe transportation and storage of dangerous matter under Article 28 of the Traffic Safety Act and Article 41 of the Ship Safety Act. CHAPTER EXAMINATION OF TOXICITY, ASSESSMENT

OF HARMFULNESS, ETC. OF CHEMICALS

SECTION 1 Examination of Toxicity of Chemicals, etc. Article 9 (Exemption from Examination of Toxicity) The term "substances exempted from examination of toxicity by Presidential Decree" in Article 10 (1) 3 of the Act means substances falling under any of the following subparagraphs:

1. New chemicals which are manufactured or imported in a quantity not more than 100 kilograms per annum;

2. New chemicals which are used only by investigators and researchers in restricted places for the purposes of developing chemicals or products containing such chemicals, or improving the process;

3. New chemicals manufactured or imported in a quantity not more than ten tons per annum for the purposes of exporting the whole quantity;

4. New chemicals manufactured or imported in a quantity not more than ten tons per annum for the purposes of manufacturing chemicals of which the whole quantity is to be exported;

5. Highly polymerized compounds as new chemicals announced by the president of the National Institute of Environmental Research, and composed only of chemicals which are not new chemicals; and

6. Other new chemicals that the president of the National Institute of Environmental Research announces, deeming that the examination of their toxicity is unnecessary in light of the new chemicals under subparagraphs 1 through 5.

Article 10 (Exemption from Submission of Data following Examination of Toxicity) The term "new chemicals prescribed by Presidential Decree" in the proviso to Article 10 (3) of the Act means substances falling under any of the following subparagraphs:

1. New chemicals manufactured or imported in a quantity not more than one ton per annum;

2. New chemicals distributed for commercial purposes before February 2, 1991 and announced by Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 198

the president of the National Institute of Environmental Research; and

3. Other new chemicals that the president of the National Institute of Environmental Research announces, deeming that submission of part of the relevant data is unnecessary because they have similar compositions to those of the chemicals of which the toxicity has been confirmed. Article 11 (Chemicals Deemed Requiring to Examination of Toxicity) The term "chemicals determined by Presidential Decree" in Article 11 (1) of the Act means substances falling under any of the following subparagraphs:

1. Substances under observation manufactured or imported in a quantity not less than ten tons per annum;

2. Chemicals manufactured or imported in a quantity not less than 100 tons per annum;

3. Chemicals to be assessed by the government of the Republic of Korea from among the chemicals of which the toxicity is to be assessed by such international bodies as the Organization for Economic Cooperation and Development (OECD); and

4. Chemicals of which the manufacture, importation or use is prohibited or restricted pursuant to international treaties, such as the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Article 12 (Research Institutes)

The term "research institutes prescribed by Presidential Decree" in the former part of Article 14 (1) of the Act means institutes falling under any of the following subparagraphs:

1. National and public test and research institutes or inspection institutes;

2. Schools under Article 2 of the Higher Education Act;

3. Research institutes under Article 2 of the Support of Specific Research Institutes Act;

4. Research institutes associated with companies under Article 7 (1) 2 of the Technology Development Promotion Act;

5. Government-invested research institutes under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions or the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions of Science and Technology; and

6. Test and research institutes or inspection institutes designated or recognized by other Acts and subordinate statutes.

SECTION 2 Assessment of Harmfulness of Chemicals, etc. Article 13 (Chemicals Subject to Investigation of Discharged Quantity) The term "chemicals prescribed by Presidential Decree" in Article 17 (2) of the Act means substances falling under any of the following subparagraphs:

1. Poisonous substances;

2. Substances under observation;

3. Restricted substances or prohibited substances (hereinafter referred to as "restricted or prohibited substances");

4. Chemicals from among the air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation Act;

5. Volatile organic compounds under subparagraph 10 of Article 2 of the Clean Air Conservation Act;

6. Chemicals from among the water pollutants under subparagraph 7 of Article 2 of the Water Quality . General

12. Enforcement Decree of the Toxic Chemicals Control Act 199

Conservation Act; and

7. Chemicals which have the carcinogenicity, reproductive toxicity, or genetic toxicity designated by international specialized institutes or international organizations and which satisfying the standards for designation of poisonous substances and substances under observation under the provisions of the attached Table 1.

CHAPTER SAFETY CONTROL, ETC. OF TOXIC

CHEMICALS

SECTION 1 Control of Poisonous Substances, etc.

Article 14 (Exemption from Report of Importation of Poisonous Substances) The term "cases as prescribed by Presidential Decree" in the proviso to Article 19 (1) of the Act means cases falling under any of the following subparagraphs:

1. Cases where reagents for testing, research and inspection (including standard gases used for the recalibration or measurement of measuring instruments; hereinafter the same shall apply) are imported for the said purposes; and

2. Cases where poisonous substances are imported in a quantity not more than 100 kilograms per annum.

Article 15 (Exemption from Registration of Poisonous Substance Business) The term "those who are prescribed by Presidential Decree" in the proviso to Article 20 (1) of the Act with the exception of its subparagraphs means persons falling under any of the following subparagraphs:

1. A person who conducts a business to sell, keep, store, transport or use poisonous substances contained in machinery or equipment;

2. A person who conducts a business to sell, keep, store, transport or use reagents for testing, research and inspection for the said purposes;

3. A person who has obtained a license for the manufacture or use of toxic substances under Article 38 (1) of the Industrial Safety and Health Act;

4. A pharmacy establisher or a medicine distributor under the Pharmaceutical Affairs Act who sells poisonous substances for household use;

5. A person who unloads or transports poisonous substances within a specific area, such as harbor or railway station;

6. A person who transports poisonous substances in a quantity not more than one ton at a time;

7. A person who uses poisonous substances in a quantity not more than 120 tons per annum in a workplace located outside a water source protection area under Article 7 of the Water Supply and Waterworks Installation Act: Provided, That in cases where such workplace is located inside a special measures area under Article 22 of the Framework Act on Environmental Policy, the quantity shall be not more than 60 tons per annum and in cases where such workplace is located inside a Class- district unit planning zone (excluding residential areas) under Article 51 of the National Land Planning and Utilization Act or an exclusive industrial area under Article 30 of the Enforcement Decree of the same Act, the quantity shall be not more than 240 tons per annum; and

8. Other persons that the Minister of Environment announces, deeming that registration of their poisonous substance businesses is unnecessary in light of the provisions of subparagraphs 1 through 7. Article 16 (Scope of Facilities Handling Poisonous Substances Subject to Inspection) The term "poisonous substance-handling facilities prescribed by Presidential Decree" in the main sentence Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 200

of Article 22 (1) of the Act means facilities falling under any of the following subparagraphs:

1. Facilities manufacturing or using poisonous substances in a quantity not less than 5,000 tons per annum; and

2. Facilities keeping and storing poisonous substances (applicable only to gaseous matter or liquid matter) in a quantity not less than 200 tons.

Article 17 (Specialized Safety Inspection Institution) The term "specialized institutions as prescribed by Presidential Decree" in the latter part of Article 22 (2) of the Act means institutions falling under any of the following subparagraphs:

1. The Environmental Management Corporation established under the Environmental Management Corporation Act; and

2. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act.

Article 18 (Exemption from Report of Manufacture and Importation of Substances under Observation) The term "substances under observation as prescribed by Presidential Decree" in the proviso to Article 31 (1) of the Act means cases falling under any of the following subparagraphs:

1. Cases where reagents for testing, research or inspection of substances under observation are manufac- tured or imported for the said purposes; and

2. Cases where substances under observation are manufactured or imported in a quantity not more than 100 kilograms per annum.

SECTION 2 Control of Restricted or Prohibited Substances Article 19 (Exemption from Acquisition of License for Restricted or Prohibited Substance Business) The term "cases as prescribed by Presidential Decree" in the proviso to main body of Article 34 (1) of the Act means cases falling under any of the following subparagraphs:

1. Cases of persons who import, sell, keep, store, transport or use restricted substances contained in machinery or equipment;

2. Cases of persons who import, sell, keep, store, transport or use reagents for testing, research or inspection of restricted substances for the said purposes;

3. Cases of persons who have obtained permission for the manufacture or use of toxic substances under Article 38 (1) of the Industrial Safety and Health Act;

4. Cases of persons who sell restricted substances for household use among pharmacy establishers or medicine distributors under the Pharmaceutical Affairs Act;

5. Cases of persons who intend to conduct a business to keep, store or transport restricted substances which are non-toxic substances;

6. Cases of persons who unload or transport restricted substances within specific areas, such as harbors and railway stations;

7. Cases of persons who transport restricted substances in a quantity not more than one ton at a time;

8. Cases of persons who use restricted substances in a quantity not more than 60 tons per annum: Provided, That restricted substances which are poisonous and used in workplaces located inside special measures areas under Article 22 of the Framework Act on Environmental Policy or water source protection areas under Article 7 of the Water Supply and Waterworks Installation Act shall be excluded; and

9. Other persons that the Minister of Environment announces, deeming that licenses for businesses of restricted substances are unnecessary in light of the provisions of subparagraphs 1 through 8. . General

12. Enforcement Decree of the Toxic Chemicals Control Act 201

Article 20 (Control of Restricted or Prohibited Substance-Handling Facilities, etc.) (1) Restricted or prohibited substance-handling facilities subject to inspection conducted by the Minister of Environment under Article 22 (1) of the Act, applied mutatis mutandis to the provisions of Article 34 (6) of the Act shall be as follows:

1. Facilities manufacturing or using restricted or prohibited substances which are poisonous substances in a quantity not less than 1,000 tons per annum; and

2. Facilities keeping or storing restricted or prohibited substances which are poisonous substances (applicable only to gaseous matter or liquid matter) in a quantity not less than 100 tons. (2) Institutions conducting a safety inspection for restricted or prohibited substance-handling facilities under the latter part of Article 22 (2) of the Act which is applied mutatis mutandis to the provision of Article 34 (6) of the Act shall be as follows:

1. The Environmental Management Corporation established under the Environmental Management Corporation Act; and

2. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act.

SECTION 3 Preparation for and Coping with Chemical Accidents, etc. Article 21 (Designation of Substances Requiring Preparation for Accidents) Substances requiring preparation for accidents under Article 38 of the Act shall be as specified in the attached Table 2.

Article 22 (Formulation and Submission of Self-Prevention Plan) The term "quantity prescribed by Presidential Decree" in the main sentence of Article 39 (1) of the Act means the quantity under the provisions of the attached Table 3. Article 23 (Exemption from Formulation and Submission of Self-Prevention Plan) The term "persons prescribed by Presidential Decree" in the proviso to Article 39 (1) of the Act means persons falling under any of the following subparagraphs:

1. A person who has submitted a process safety report under Article 49-2 of the Industrial Safety and Health Act;

2. A person who has submitted safety control regulations under Article 11 of the High Pressure Gas Safety Control Act or safety improvement plan under Article 13-2 of the same Act;

3. A person who has submitted prevention regulations under Article 17 of the Safety Control of Dangerous Substances Act; and

4. A person who sells poisonous substances without facilities from among those who have registered businesses of selling poisonous substances under Article 20 (1) of the Act. Article 24 (Areas Subject to Notification of Self-Prevention Plan) The term "regions prescribed by Presidential Decree" in Article 39 (3) of the Act means regions falling under any of the following subparagraphs:

1. Industrial complexes (excluding agricultural and industrial complexes) under subparagraph 5 of Article 2 of the Industrial Sites and Development Act;

2. Free trade zones under subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones; and

3. Other areas recognized to give rise to considerable concern over jeopardizing people's health and the environment when chemicals are managed or used therein, and announced by the Minister of Environment through consultation with the heads of relevant central administrative agencies. Article 25 (Hallucinogenic Substances)

The term "substances as prescribed by Presidential Decree" in Article 43 (1) of the Act means Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 202

substances falling under any of the following subparagraphs:

1. Toluene, ethyl acetate, or methyl alcohol;

2. Thinner (referring to an organic solvent used to reduce the viscosity of paints), adhesives, balloons, or pigments containing the substances under subparagraph 1; and

3. Butane gas. CHAPTER SUPPLEMENTARY PROVISIONS

Article 26 (Delivery of Collection Expenses of Penalty Surcharges) (1) The amount of collection expenses of penalty surcharges under Article 49 (5) of the Act shall be the amount equivalent to 10/100 of penalty surcharges collected. (2) The Minister of Environment shall calculate the collection expenses under paragraph (1) each month and deliver them to the Seoul Metropolitan City Mayor, Metropolitan City Mayors or Do governors (hereinafter referred to as "Mayors/Do governors") concerned by the end of the following month. Article 27 (Period of Data Protection)

The term "period of data protection as prescribed by Presidential Decree" in the main sentence of Article 51 (1) of the Act means five years: Provided, That in cases where a person who has submitted data makes the request for the extension of the period of data protection under Ordinance of the Ministry of Environment, it may be extended by on a five-yearly basis, on no more than two occasions. Article 28 (Data not Subject to Protection)

The term "other data as prescribed by Presidential Decree" in the proviso to Article 51 (1) of the Act means data falling under any of the following subparagraphs:

1. Commercial names and brand names of chemicals;

2. Data on the usage of chemicals;

3. Data on directions for handling chemicals;

4. Data on the disposal of chemicals;

5. Data on countermeasures to be taken when a chemical accident occurs;

6. Data on the physical and chemical properties of chemicals;

7. Summary of the toxicity of chemicals;

8. Data on the quantity of environmental discharge of chemicals; and

9. Other data that the Minister of Environment announces, deeming that the publication thereof is necessary for the protection of people's health and the environment. Article 29 (Delegation and Entrustment of Authority) (1) The Minister of Environment shall, under Article 56 (1) of the Act, delegate authority any of following subparagraphs to Mayors/Do governors:

1. Receipt of registration of poisonous substance businesses, registration of modifications or report on modification, and the imposition of necessary conditions under Article 20 of the Act;

2. Conducting regular or irregular inspections, or issuing orders for safety inspections of facilities handling poisonous substances under Article 22 (1) or (2) of the Act;

3. Issuance of orders for improvement to poisonous substance business operators under Article 23 of the Act;

4. Receipt of reports on the closure or such of a poisonous substance businesses. and issuance of orders to take measures to poisonous substance business operators under Article 26 of the Act;

5. Suspension of poisonous substance businesses or revocation of registration under Article 27 of the Act;

6. Receipt of reports on succession to the rights and duties of poisonous substance businesses under . General

12. Enforcement Decree of the Toxic Chemicals Control Act 203

Act 28 (2) of the Act;

7. Approving poisonous substance managers or joint utilization of handling facilities, or receipt of reports of modification under Article 30 of the Act;

8. Receipt of self-prevention plans under Article 39 (1) of the Act;

9. Issuance of orders for submission of reports and data, or entrance of premises for inspection of persons falling under Article 45 (1) 6, 7, 13 or 14 of the Act;

10. Imposition and collection of penalty surcharges under Article 49 (1) or (3) of the Act, which pertains to subparagraph 5;

11. Holding public hearings under Article 50 of the Act, which pertains to subparagraph 5; and

12. Imposition and collection of fines for negligence under Article 63 of the Act, which pertains to matters for which the authority has been delegated to Mayors/Do governors. (2) The Minister of Environment shall, under Article 56 (1) of the Act, delegate the affairs under any of the following subparagraphs to the president of the National Institute of Environmental Research:

1. Receipt of applications for examination of toxicity under Article 10 (1) of the Act;

2. Examination of toxicity or issuance of orders for submission of data under Article 11 (1) or (2) of the Act;

3. Notification of results of examinations of toxicity under Article 12 of the Act;

4. Announcement of results of examinations of harmfulness under Article 13 of the Act;

5. Designation of test institutes or modification of designation under Article 14 (1) or (2) of the Act;

6. Cancellation of designation of test institutes, cancellation of designation of test items or issuance of orders for suspension of businesses under Article 14-2 of the Act;

7. Assessment of toxicity, publication of results of assessment of toxicity, issance of orders for submission of data or collection of samples under Article 18 (1), (2) or (4) of the Act;

8. Provision of lists of chemicals under Article 44 of the Act;

9. Issuance of orders for the submission of reports and data, or entrance of premises for inspection of persons falling under Article 45 (1) 4 of the Act; and

10. Receipt of applications for data protection or notifications of data which is not subject to protection under Article 51 (1) or (2) of the Act, which pertains to data submitted to the president of the National Institute of Environmental Research.

(3) The Minister of Environment shall, under Article 56 (1) of the Act, delegate authority falling under any of the following subparagraphs to the head of each river basin environmental office or the head of each regional environmental office (hereinafter referred to as "heads of regional environmental government offices"):

1. Issuance of orders for the suspension of sale or use of new chemicals under Article 16 (1) of the Act;

2. Issuance of orders for the submission of data on the quantities of chemicals distributed or discharged and requests for investigation of quantities of chemicals handled or discharged or submission of results of investigation by institutes and necessary data under Article 17 (1), (2) or (4) of the Act;

3. Granting permission for the importation of restricted or prohibited substances or permission for the modification thereof under the provisos to Article 33 (1) and (2), or (4);

4. Granting licenses for restricted or prohibited substance businesses and imposition of necessary conditions under the provisos to Article 34 (1) and (2), or (4) of the Act;

5. Granting permission for the modification of a restricted or prohibited substance business or receipt of reports on modification under Article 34 (3) of the Act; Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 204

6. Authority under any of the following items, which is applied mutatis mutandis to restricted or prohibited substances business operators under Article 34 (6) of the Act: (a) Issuance of orders for regular inspections, irregular inspections or safety inspections; (b) Issuance of orders for improvements to restricted or prohibited substance business operators; (c) Receipt of reports of closure or such of restricted or prohibited substance businesses and issuance of orders to take measures;

(d) Approval of restricted or prohibited substance managers or joint utilization of handling facilities, or receipt of reports of modification; and

(e) Receipt of reports on succession to the rights and duties of restricted or prohibited substance business operators;

7. Suspension of businesses or revocation of permission for restricted or prohibited substance business operators under Article 36 of the Act;

8. Approval for exportation of restricted or prohibited substances under Article 37 (1) of the Act;

9. Receipt of self-prevention plans of persons other than poisonous substance business operators under Article 39 (1) of the Act;

10. Investigation of impacts after an accident and measures for ex post facto management under Article 41 of the Act;

11. Issuance of orders for the submission of reports and data, or entrance of premises for inspection of persons falling under the provisions of subparagraphs 1 through 3, 5, 8 through 14 of Article 45 of the Act;

12. Imposition and collection of penalty surcharges under Article 49 (1) and (3) of the Act, which pertain to subparagraph 7;

13. Holding hearings under Article 50 of the Act, which pertains to subparagraph 7;

14. Receipt of applications for data protection and notification of data which is not subject to protection under Article 51 (1) or (2) of the Act, which pertains to data submitted to the heads of regional environmental government offices; and

15. Imposition and collection of fines for negligence under Article 63 of the Act, which pertains to matters for which authority has been delegated to the heads of regional environmental government offices or matters delegated to the association under paragraph (4). (4) The Minister of Environment shall, under Article 56 (2) of the Act, designate a chemicals control association established under Article 53 of the Act (hereinafter referred to as an "association") to entrust the affairs under any of the following subparagraphs. In such cases, the Minister of Environment shall make public the name, address and representative of the entrusted association, and the details of entrusted affairs:

1. Receipt of confirmation of chemicals or application for certificates of confirmation under Article 9 (1) or (2) of the Act;

2. Receipt of applications for confirmation of exemption from the examination of toxicity under Article 10 (2) of the Act;

3. Notification of results of confirmation of exemption from examination of toxicity under Article 12 of the Act;

4. Receipt of report on importation of poisonous substances or report on modification under Article 19 of the Act;

5. Receipt of report on the manufacture and importation of substances under observation, or report on modification under Article 31 of the Act;

6. Receipt of applications for data protection and notification of data which is not subject to protection . General

12. Enforcement Decree of the Toxic Chemicals Control Act 205

under Article 51 (1) or (2) of the Act, which pertains to data submitted to an association; and

7. Education for poisonous substance managers, etc. under Article 52 (1) of the Act. Article 30 (Supervision of Operations following Delegation, etc. of Authority) (1) The Minister of Environment may, if deemed necessary for the control of air and water pollution over a wide area, notwithstanding the provisions of Article 29 (1), inspect and confirm or have the head of a regional environmental government office inspect or confirm workplaces in terms of violations of Acts and subordinate statutes, such as to whether they are observing the criteria for the control of poisonous substances.

(2) When the Minister of Environment or the head of a regional environmental government office has discovered that a workplace has violated Acts and subordinate statutes as a result of the inspection and confirmation under paragraph (1), he/she shall notify the competent Mayor/Do governor of the details thereof and his/her opinions as to measures to be taken. (3) When the president of the National Institute of Environmental Research intends to make a publication (excluding publication of the results of examination of toxicity under Article 13 of the Act) in relation to affairs delegated under Article 29 (2), he/she shall listen to the opinions of the Minister of Environment. Article 31 (Reports)

When a Mayor/Do governor, the president of the National Institute of Environmental Research, the head of a regional environmental government office, or the head of an association has handled an affair delegated or entrusted under Article 29, he/she shall file a report on the details thereof with the Minister of Environment under the conditions as prescribed by Ordinance of the Ministry of Environment.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on June 28, 2008. Article 2 (Transitional Measure concerning Modification of Criteria for Designation of Poisonous Substances) (1) The poisonous substances designated under the former provisions at the time when this Decree enters into force shall be considered to have been designated under the amended provisions of the attached Table 1.

(2) The Minister of Environment shall re-designate poisonous substances under the amended provisions of the attached Table 1 by December 31, 2008, examining the poisonous substances designated under the former provisions.

Article 3 (Transitional Measure concerning Dispositions or Such) Actions of or toward administrative agencies under the previous provisions at the time when this Decree enters into force, shall be deemed actions of or toward administrative agencies under provisions of this Decree corresponding thereto.

Article 4 (Relations with Other Acts and Subordinate Statutes) In cases where other Acts and subordinate statutes have cited the provisions of the former Enforcement Decree of the Toxic Chemicals Control Act at the time when this Decree enters into force, if provisions corresponding thereto in this Decree exist, they shall be deemed to have cited the corresponding provisions of this Decree in lieu of the previous provisions.