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

CHAPTER I GENERAL PROVISIONS 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 under the Act on the Promotion of Purchase of Green Products. <Amended by Ordinance No. 5288, May 22, 2012>

Article 2 (Relationships to Other Laws and Regulations) Except as otherwise provided in any other statute, regulation, or Ordinance of the Seoul Metropolitan Government, the provisions of this Ordinance shall apply to promoting purchase of green products. <Amended by Ordinance No. 5288, May 22, 2012>

Article 3 (Scope of Application) The institutions 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 institutions, and project offices specified in the Seoul Metropolitan Government Ordinance on the Establishment of Administrative Organs;
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 "Seoul Government") pursuant to Articles 49 and 76 of the Local Public Enterprises Act;
4. Foundations and institutions funded by the Seoul Government.
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

CHAPTER II IMPLEMENTATION OF SYSTEM FOR COMPULSORY PURCHASE OF GREEN PRODUCTS 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 of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) shall formulate and implement a policy necessary for promoting the purchase, production, etc. of green products. <Amended by Ordinance No. 7029, Mar. 28, 2019>
(2) The policy under paragraph (1) may include the following:
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 Seoul 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 business entities engaging in the distribution and sale of green products in the area within the jurisdiction of the Seoul Government;
5. Advertising, etc. of green products to citizens to promote the purchase of green products.
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

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:
1. A purchase plan, including a list of green products to be purchased, the amount estimated based on the purchase plan, 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 of 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, services contract, etc.;
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 Gazette and website of the Seoul Government.
(3) Pursuant to the proviso of 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. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(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. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(5) If the Mayor deems it necessary for formulating an implementation plan for purchasing green products under paragraph (1), he or she may request industrial sectors, non-governmental organizations, etc. to furnish him or her with relevant data.
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

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:
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 the 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. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(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. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(4) Article 5 (2) and (5) shall apply mutatis mutandis to the management of the purchase records referred to in paragraph (1).
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

Article 7 (Obligation to Purchase Green Products) (1) The head of a public institution under Article 3 shall be obliged to purchase green products under the main sentence of Article 6 of the Act. <Amended by Ordinance No. 6105, Jan. 7, 2016>
(2) Notwithstanding paragraph (1), a public institution shall not be obliged to purchase green products under subparagraph 5 of Article 6 of the Act in any of the following cases: <Amended by Ordinance No. 6386, Jan. 5, 2017>
1. through 3. Deleted; <by Ordinance No. 7029, Mar. 28, 2019>
4. Where an urgent requirement arises, such as procurement of 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 institution that intends to purchase certain commodities but finds that he or she is unable to purchase green products for a reason referred to in subparagraphs 1 through 4 of Article 6 of the Act, he or she shall enter the reason in the relevant records.
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

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; Ordinance No. 6105, Jan. 7, 2016; Ordinance No. 6386, Jan. 5, 2017>
1. Environment-friendly motor vehicles pursuant to subparagraph 2 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles;
2. Recycled aggregate and recycled aggregate products, as defined in subparagraphs 7 and 8 of Article 2 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 as 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.
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

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, etc. in charge of purchasing in an institution that purchases commodities. <Amended by Ordinance No. 5288, May 22, 2012>

CHAPTER III PROMOTION OF PRODUCTION AND CONSUMPTION OF GREEN PRODUCTS 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 the jurisdiction as follows, within the budget: <Amended by Ordinance No. 5288, May 22, 2012>
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 necessary expenses within the budget for enterprises within the jurisdiction and to related institutions, which participate in the implementation of industry-academia joint projects under paragraph (1).
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

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 the jurisdiction, industrial sectors, non-governmental organizations, etc.
(2) If the Mayor deems it necessary, he or 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 the budget. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]

Article 13 (Promotion of Culture for Purchasing Green Products) (1) The Mayor may request educational institutions, religious facilities, sports facilities, industrial circles, etc. in the districts under jurisdiction of the Seoul Government to preferentially purchase green products and may conclude a voluntary agreement to boost purchase of green products, where deemed necessary to encourage environment-friendly consumption. <Newly Inserted by Ordinance No. 7029, Mar. 28, 2019>
(2) The Mayor may partially subsidize, within the budget, the expenses incurred in the activities of schools and organizations related to green products that are 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. <Amended by Ordinance No. 5288, May 22, 2012; Ordinance No. 7029, Mar. 28, 2019>

Article 14 (Establishment and Operation of Green Products Purchase Support Center) (1) The Mayor may establish and operate a Green Products Purchase Support Center (hereinafter referred to as the “Support Center”) to provide information on green products and conduct activities for education and public relations under Article 17-3 (1) of the Act so that citizens can lead an environment-friendly life through consumption of green products.
(2) The Support Center referred to in paragraph (1) shall implement projects under Article 17-3 (2) of the Act.
(3) The Mayor may entrust a private institution falling under any of the following with the operation of the Support Center and may fully or partially subsidize necessary expenses incurred in such operation within the budget:
1. Non-profit-making juristic persons under Article 32 of the Civil Act;
2. Non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act.
[This Article Newly Inserted by Ordinance No. 7029, Mar. 28, 2019]
[Previous Article 14 moved to Article 15 <by Ordinance No. 7029, Mar. 28, 2019>]

Article 15 (Evaluation of Results of Purchase of Green Products) (1) The Mayor shall evaluate the purchase records of green products from each agency referred to in the subparagraphs of Article 3. <Amended by Ordinance No. 6386, Jan. 5, 2017>
(2) The Mayor may fully or partially subsidize, within the budget, expenses incurred in formulating and implementing a policy for the head of an autonomous Gu on promoting the purchase of green products. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[This Article Wholly Amended by Ordinance No. 5288, May 22, 2012]
[Moved from Article 14; previous Article 15 moved to Article 16 <by Ordinance No. 7029, Mar. 28, 2019>]

Article 16 (Rewards) 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. <Amended by Ordinance No. 5288, May 22, 2012>
[Moved from Article 15 <by Ordinance No. 7029, Mar. 28, 2019>]

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4593, Dec. 26, 2007>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Ordinance No. 4616, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 4629, May 29, 2008>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 4743, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Ordinance No. 5208, Dec. 29, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2012.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5288, May 22, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5584, Oct. 4, 2013>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 3 and 4 of Article 8 shall enter into force six months after the date of its promulgation.
ADDENDUM <Ordinance No. 6105, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7029, Mar. 28, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.