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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROMOTION OF PURCHASE OF GREEN PRODUCTS

CHAPTER I GENERAL PROVISIONS <Amended by Ordinance No. 5288, May 22, 2012> Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for promoting the Seoul Metropolitan Government’s purchase of green products by pursuant to the Act on the Promotion of Purchase of Green Products.

Article 2 (Relationships to Other Acts, Subordinate Statutes, and Regulations) Except as otherwise expressly provided for in any other Act, subordinate statute, or municipal ordinance, the provisions of this Ordinance shall apply to promoting purchase of green products.

Article 3 (Scope of Application) The public agencies subject to the application of this Ordinance under subparagraph 2 of Article 2 of the Act on the Promotion of Purchase of Green Products (hereinafter referred to as the "Act") are as follows:
1. The head office, subordinate agencies, and project offices specified in the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organizations;
2. The Secretariat of the Seoul Metropolitan Council;
3. Public corporations and public authorities established by the Seoul Metropolitan Government (hereinafter referred to as the "Metropolitan Government/City") pursuant to Articles 49 and 76 of the Local Public Enterprises Act;
4. Foundations and institutions funded by the Metropolitan Government.

CHAPTER II Implementation of System for Compulsory Purchase of Green Products <Amended by Ordinance No. 5288, May 22, 2012> Article 4 (Formulation and Implementation of Policies on Promotion of Purchase and Production of Green Products) (1) Pursuant to Article 3 (1) of the Act, the Mayor shall formulate and implement a policy necessary for promoting the purchase, production, etc. of green products.
(2) The policy under paragraph (1) may include the following matters:
1. Medium and long-term plans for promoting the purchase of green products;
2. Education, advertising, and training of human resources for promoting the purchase of green products;
3. Assistance to enterprises engaging in the production, distribution, or sale of green products in the area within the jurisdiction of the Metropolitan Government (hereinafter referred to as "enterprises within the jurisdiction") in the development of technologies for green products and in the sale of green products in domestic and overseas markets;
4. Assistance to businesses engaging in the distribution and sale of green products in the area within the jurisdiction of the Metropolitan Government;
5. Advertising, etc. of green products to citizens to promote the purchase of green products.

Article 5 (Formulation and Implementation of Implementation Plans for Purchase of Green Products) (1) An implementation plan that the Mayor shall formulate for purchasing green products pursuant to Article 8 (1) of the Act shall provide for the following matters:
1. A purchase plan, including a list of green products to be purchased and the amount planned for purchase and the target ratio for purchase of green products;
2. The system for promoting purchase of green products and the division in charge of the purchase;
3. The evaluation of results of purchase of green products and the improvements for the purchase system;
4. Regulations on special terms and conditions of the contract on the supply of green products in connection with a construction contract or services contract ;
5. Other matters deemed necessary for promoting the purchase of green products.
(2) The implementation plan for purchasing green products under paragraph (1) shall be published in the official bulletin and web-site of the Seoul Metropolitan Government.
(3) Pursuant to the proviso to Article 8 (2) of the Act, the head of each autonomous Gu shall submit an implementation plan for purchasing green products, to the Mayor by the end of January each year.
(4) The Mayor shall submit the implementation plans for purchasing green products, formulated under paragraphs (1) and (3), to the head of the relevant central administrative agency by the end of February each year.
(5) If the Mayor deems it necessary for formulating an implementation plan for purchasing green products under paragraph (1), he/she may request industrial sectors, non-governmental organizations, etc. to furnish him/her with relevant data.

Article 6 (Management of Purchase Records of Green Products) (1) The purchase records of green products, which the Mayor shall keep in accordance with Article 9 (1) of the Act, shall include the following matters:
1. The amount of green products purchased by item and the total amount purchased;
2. Comparison of results with the implementation plan for purchasing green products;
3. Results of assistance provided to enterprises within jurisdiction;
4. Results of educational and public relations activities to promote the purchase of green products;
5. Results of improvements made to the system for promoting the purchase of green products, exemplary cases, etc.
(2) Pursuant to Article 9 (1) of the Act, the head of each autonomous Gu shall submit purchase records to the Mayor for the first half of each year by the end of July and for the second half of each year, by the end of January of the following year.
(3) The Mayor shall submit the purchase records referred to in paragraphs (1) and (2) to the head of the relevant central administrative agency by the end of March each year.
(4) Article 5 (2) and (5) shall apply mutatis mutandis to the management of the purchase records referred to in paragraph (1).

Article 7 (Scope of Obligation to Purchase Green Products) (1) A public agency is obliged to purchase green products under the main body of Article 6 of the Act where:
1. A public agency directly purchases commodities;
2. A public agency indirectly purchases commodities delivered to perform a contract for services or for the maintenance and repair of a facility;
3. A public agency indirectly purchases commodities delivered to perform a construction project.
(2) Notwithstanding paragraph (1), a public agency is not obliged to purchase green products under subparagraph 5 of Article 6 of the Act where:
1. The quality of commodities that public agency intends to purchase is significantly higher than the standards for the quality of green products;
2. Where users make continual complaints about relevant green products and it is found that such complaints have a reasonable ground;
3. Where it takes undue time to have relevant green products supplied due to an inadequate quantity of green products in stock, making it impracticable to attain the objectives of purchasing;
4. Where an urgent requirement arises to procure goods for emergency relief;
5. Where the prices of relevant green products are excessive, making it impracticable to purchase the planned commodities with the budget for the pertinent fiscal year.
(3) If the head of an agency that intends to purchase certain commodities but finds that he/she is unable to purchase green products for a reason referred to in subparagraphs 1 through 4 of Article 6 of the Act, he/she shall enter the reason in the relevant records.

Article 8 (Establishment and Management of Standards for Determination) The standards for determining whether specific items, other than those designated as green products, amounting to green products under Article 11 (1) 2 of the Act are as follows: <Amended by Ordinance No. 5584, Oct. 4, 2013>
1. Low-pollution automobiles, as defined under subparagraph 6 of Article 2 of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area;
2. Recycled aggregate and recycled aggregate products, as defined under subparagraphs 7 and 8 of the Construction Waste Recycling Promotion Act;
3. Products certified with the environmental performance mark or certified as low-carbon products under Article 18 (1) of the Environmental Technology and Industry Support Act;
4. Products rated to Energy Efficiency Class I, exemplary products in reduction of standby power, and machines and materials certified as those with high energy-efficiency under Articles 15, 18, and 22 of the Energy Use Rationalization Act.

Article 9 (Education of Officers in Charge of Purchasing) In order to promote the purchase of green products, the Mayor shall formulate and implement a plan for education and training of officers in charge of purchasing in an agency that purchases commodities.


CHAPTER III PROMOTION OF PRODUCTION AND CONSUMPTION OF GREEN PRODUCTS <Amended by Ordinance No. 5288, May 22, 2012> Article 10 (Support of Enterprises within Jurisdiction) In order to promote the production and consumption of green products, the Mayor may provide assistance to enterprises within jurisdiction as follows, within budgetary limits:
1. Granting loans or fully or partially subsidizing expenses incurred in producing green products or in developing technology for green products;
2. Administrative and financial assistance in advertising, entering into new markets, and exporting for the distribution and sale of green products.

Article 11 (Development of Industry-Academia Joint Projects) (1) The Mayor shall endeavor to develop and implement projects jointly with industrial sectors, universities, research institutes, etc., as necessary to develop technologies for green projects, provide technical assistance, and train human resources.
(2) The Mayor may fully or partially subsidize to enterprises within jurisdiction and to related agencies, which participate in the implementation of industry-academia joint projects, for necessary expenses, within budgetary limits.

Article 12 (Provision of Information on Green Products) (1) The Mayor may search for and collect information necessary for promoting the production and purchase of green products and provide such information to enterprises within jurisdiction, industrial sectors, non-governmental organizations, etc.
(2) If the Mayor deems it necessary, he/she may request a specialized institution to perform the search for and collection of information under paragraph (1) and may reimburse the institution for necessary expenses in such cases, within budgetary limits.

Article 13 (Promotion of Culture for Purchasing Green Products) The Mayor may partially subsidize, within budgetary limits, schools and organizations related to green products for expenses incurred in their activities conducted for education and public relations in order to promote the consumption of green products, or may provide administrative assistance to such schools and organizations.

Article 14 (Evaluation, etc. of Results of Purchase of Green Products) (1) The Mayor shall evaluate the purchase records of green products from each agency specified in Article 3.
(2) The Mayor may fully or partially subsidize, within budgetary limits, the head of an autonomous Gu for expenses incurred in formulating and implementing a policy on promoting the purchase of green products, within budgetary limits.

Article 15 (Reward) The Mayor may select persons, agencies, corporations, and organizations that have significantly contributed to promoting production and consumption of green products and reward them for such contribution.