Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Support for Reducing Greenhouse Gas Emissions and Enhancing Carbon Accumulation through Forest in Developing Countries and matters necessary for the enforcement thereof.
Article 2(Formulation and Modification of Master Plans for Reducing Emissions from Deforestation and Forest Degradation) #
(1) Upon formulating or modifying the master plan for reducing emissions from deforestation and forest degradation (REDD+) pursuant to Article 5 (1) and (3) of the Act on Support for Reducing Greenhouse Gas Emissions and Enhancing Carbon Accumulation through Forest in Developing Countries (hereinafter referred to as the "the Act"), the Minister of the Korea Forest Service shall publicly announce the details of the formulated or modified plan on the website of the Korea Forest Service, and notify the head of the relevant central administrative agency and the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(2) "Cases of modifications of minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means any of the following cases:
1. Modifications of some of the matters referred to in Article 5 (2) 2 of the Act to reflect changes in domestic and international conditions or the results of the fact-finding survey pursuant to Article 8 (1) of the Act;
2. Modifications of some of the matters specified in Article 5 (2) 3 through 7 of the Act which do not affect the essential content of the master plan for REDD+;
3. To reflect modifications following the enforcement, amendment, or abolition of other statutes and regulations;
4. To correct calculation errors, typos, omissions, or other obvious errors.
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for the formulation and modification of the master plan for REDD+ shall be prescribed by the Minister of the Korea Forest Service.
Article 3(Formulation and Implementation of Annual Action Plans) #
(1) Pursuant to Article 6 (1) of the Act, the Minister of the Korea Forest Service shall formulate an annual action plan for the following year (hereinafter referred to as "action plan") by December 31 of each year.
(2) When the Minister of the Korea Forest Service formulates or modifies an action plan, he/she shall consult in advance with the head of the relevant central administrative agency and the Mayor/Do Governor: provided, the consultations may be omitted in any of the following cases:
1. Cases falling under Article 2 (2) 3 or 4;
2. Adjustment of the detailed implementation schedule under Article 6 (1) 1 of the Act in line with the policy goal set in the action plan.
(3) When the Minister of the Korea Forest Service formulates or modifies an action plan, he/she shall publicly announce the details thereof on the website of the Korea Forest Service, and notify the head of the relevant central administrative agency and the Mayor/Do governor of the details thereof.
(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the formulation and modification of an action shall be prescribed by the Minister of the Korea Forest Service.
Article 4(Methods and Procedures for Fact-Finding Survey on REDD+) #
(1) When conducting a fact-finding survey, etc. pursuant to Article 8 (1) of the Act (hereafter referred to as "fact-finding survey, etc." in this Article), the Minister of the Korea Forest Service shall prepare a survey plan including the purpose, period, items, and content of the survey, and the scope of public notification of the survey results.
(2) The Minister of the Korea Forest Service may conduct a fact-finding survey, etc. in a manner of literature survey, field survey, expert consultation, etc.
(3) If it is necessary to conduct a fact-finding survey, etc. efficiently, the Minister of the Korea Forest Service may request a research institute, corporation, organization, or related expert with expertise in REDD+ to conduct the survey.
(4) Where the Minister of the Korea Forest Service publishes the results of a fact-finding survey, etc. pursuant to Article 8 (3) of the Act, he/she shall do so by posting it on the website of the Korea Forest Service.
(5) Except as otherwise provided for in paragraphs (1) through (4), detailed matters necessary for the methods and procedures of fact-finding surveys, etc. and public announcement of the results thereof shall be determined and publicly notified by the Minister of the Korea Forest Service.
Article 5(Report by REDD+ Project Operators) #
(1) Any REDD+ project operator who intends to file a report or modified report on the project plan for the REDD+ to the Minister of the Korea Forest Service pursuant to Article 9 (1) of the Act shall prepare a written report or a written modified report on the project plan, attached with documents prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and submit them to the Minister of the Korea Forest Service.
(2) When the Minister of the Korea Forest Service accepts a report or a modified report on the project plan for REDD+ pursuant to Article 9 (2) of the Act, he/she shall issue a certificate of confirmation of the report, and shall prepare and manage a report acceptance ledger.
(3) If the Minister of the Korea Forest Service requests necessary data from an REDD+ project operator pursuant to the former part of Article 9 (4) of the Act, he/she must do so in writing, fax, or e-mail within 20 days from the date of receipt of the relevant report or modified report.
(4) An REDD+ project operator shall, upon receipt of a request for data from the Minister of the Korea Forest Service pursuant to paragraph (3), submit the data in writing, fax, or e-mail within 15 days from the date of receiving the request.
(5) The period taken pursuant to paragraphs (3) and (4) shall not be included in the period for notifying the acceptance of a report under Article 9 (2) of the Act.
Article 6(Support for REDD+ Project Operators) #
(1) When providing support under Article 10 (1) and (2) of the Act, the Minister of the Korea Forest Service and the head of a local government shall comprehensively consider the following matters:
1. Appropriateness of the content of a project plan for REDD+;
2. Appropriateness of the content of the contract, etc. concluded with the developing country that is the project target;
3. Appropriateness of the project duration and cost, and financing plan for REDD+;
4. Current status of technical manpower required to promote REDD+;
5. Project performance of REDD+ project operators;
6. Other matters deemed necessary by the Minister of the Korea Forest Service to review the implementation capabilities of the REDD+ project operators and the project feasibility;
(2) "Business prescribed by Presidential Decree" in Article 10 (2) 2 of the Act means the following business:
1. Preliminary feasibility study of REDD+ projects;
2. Education and training programs to strengthen implementation capacity of REDD+;
3. Projects determined by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs as matters decided upon at the Conference of the Parties to the United Nations Framework Convention on Climate Change to implement REDD+ Projects.
(3) Any person who intends to receive support from the Minister of the Korea Forest Service or the head of a local government pursuant to Article 10 (1) and (2) of the Act shall file an application for support, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
(4) Except as otherwise provided for in paragraphs (1) through (3), necessary matters concerning the procedures and methods of providing support to the REDD+ project operators shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.
Article 7(Operating Standards for REDD+ Projects) #
(1) The operating standards pursuant to Article 13 (1) of the Act (hereinafter referred to as "operating standards") shall include the following matters:
1. Matters regarding relevant statutes and regulations and systems of the developing country being the target of REDD+ projects;
2. Implementation system of REDD+ projects;
3. Types of REDD+ projects;
4. Matters regarding evaluation methodology, monitoring and verification of REDD+ projects;
5. Other matters deemed necessary by the Minister of the Korea Forest Service to promote REDD+ projects.
(2) When preparing the operating standards, the Minister of the Korea Forest Service shall consider the following matters:
1. Matters stipulated in the "United Nations Framework Convention on Climate Change" regarding the implementation of REDD+ projects;
2. Article 6 of the Paris Agreement and its detailed rules;
3. Matters pertaining to the operating system of REDD+ agreed upon by the Parties to the United Nations Framework Convention on Climate Change;
4. Matters concerning the system for jointly utilizing international transferred mitigation outcomes (ITMO, referring to the international transferred mitigation outcomes pursuant to Article 35 (3) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis) among the countries;
5. Matters concerning the operation system of the REDD+ utilized in the foreign markets for voluntary forest carbon absorptions;
6. Other matters deemed necessary by the Minister of the Korea Forest Service to prepare the operating standards.
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for the content and procedures of the operational standards shall be determined and publicly notified by the Minister of the Korea Forest Service.
Article 8(Entrustment of Research and Development and Promotion of Use and Distribution of Technology) #
(1) Pursuant to Article 14 (1) of the Act, the Minister of the Korea Forest Service may entrust research and development for the implementation and evaluation of REDD+ which is not an international mitigation project pursuant to Article 35 (1) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis hereinafter referred to in this Article as "R&D").
(2) If the Minister of the Korea Forest Service intends to entrust R&D to a public institution, research institute, university, etc. pursuant to paragraph (1), he/she shall formulate a plan for consignment of operation that includes the following matters and publicly announce it on the website of the Korea Forest Service in advance:
1. Consignment period;
2. Entrusted affairs;
3. Selection criteria and methods;
4. Consignment application process;
5. Other matters deemed necessary by the Minister of the Korea Forest Service for the entrustment of R&D;
(3) When the Minister of the Korea Forest Service intends to select a trustee institution for R&D pursuant to Article 14 (1) of the Act, he/she shall comprehensively consider the following matters:
1. Professionalism of research personnel;
2. Fidelity of research content;
3. Validity of research method;
4. Appropriateness of research period and research funding;
5. Appropriateness and specificity of utilization plan;
(4) When the Minister of the Korea Forest Service entrusts R&D pursuant to Article 14 (1) of the Act, he/she shall publicly notify matters regarding the trustee institution and entrusted affairs on the website of the Korea Forest Service.
(5) Where the Minister of the Korea Forest Service formulates and implements policy measures to promote the dissemination and utilization of technologies related to R&D pursuant to Article 14 (2) of the Act, he/she shall fully consider the feasibility of commercialization of R&D outcomes.
Article 9(Entrustment of Education and Training for Nurturing Professional Manpower) #
(1) The content of education and training under Article 16 of the Act are as follows:
1. Matters regarding the REDD+ system;
2. Matters related to measurement, reporting, and verification of greenhouse gas emissions and absorptions through REDD+;
3. Matters regarding the Agreements on climate change, such as international norms related to REDD+ projects;
4. Matters related to international trends in REDD+ projects;
5. Matters related to international trends in the carbon market, such as carbon prices and carbon trading;
6. Matters pertaining to the application of the operating standards;
7. Matters necessary for the stable implementation of matters decided at the Conference of the Parties to the United Nations Framework Convention on Climate Change;
8. Matters related to the improvement of system and strengthening of implementation capacity in developing countries subject to REDD+;
9. Other matters for which education and training is deemed necessary by the Minister of the Korea Forest Service to foster professional manpower required for invigorating REDD+.
(2) Where the Minister of the Korea Forest Service intends to entrust the education and training of professional manpower pursuant to Article 16 of the Act, he/she shall comprehensively consider the following matters:
1. Professionalism of education and training personnel;
2. Fidelity of education and training operation plan;
3. Validity of education and training methods;
4. Adequacy of education and training facilities;
5. Appropriateness of education and training period and entrusted project expenses.
(3) A school specializing in carbon sinks under Article 30 of the Act on the Management and Improvement of Carbon Sink, which is selected as a trustee institution under Article 16 of the Act, shall submit a plan for education and training programs and a report on education and training results to the Minister of the Korea Forest Service, as prescribed by the Minister of the Korea Forest Service.
Article 10(Establishment of Korea REDD+ Association) #
(1) Matters to be included in the articles of incorporation of the Korea REDD+ Association (hereafter referred to as the "KOREDD+" in this Article) pursuant to Article 18 (1) of the Act are as follows:
1. Objectives;
2. Name;
3. Matters pertaining to the main office, branches and other offices;
4. Matters related to the qualification of membership and disciplinary action;
5. Matters regarding executive officers;
6. Matters related to general meeting and board of directors;
7. Matters related to duties and its execution;
8. Matters related to assets and their accounting;
9. Matters concerning modification of the articles of incorporation;
10. Matters related to the establishment, revision, and abolition of the internal regulations of KOREDD+;
11. Other matters necessary for the operation of the KOREDD+.
(2) If deemed necessary to provide guidance and supervision to KOREDD+, the Minister of the Korea Forest Service may request KOREDD+ to submit data or report matters related to its duties.
Article 11(Delegation and Entrustment of Authority and Affairs) #
(1) The Minister of the Korea Forest Service shall delegate the following authority to the President of the National Institute of Forest Science pursuant to Article 20 (1) of the Act:
1. Preparation and modification of the operating standards pursuant to Article 13 (1) of the Act;
2. Conducting research and development for the implementation and evaluation of REDD+ projects pursuant to Article 14 (1) of the Act (limited to international mitigation projects pursuant to Article 35 (1) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis).
(2) Pursuant to Article 20 (2) of the Act, the Minister of the Korea Forest Service shall entrust the following affairs to the Korea Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act:
1. Fact-finding survey, etc. pursuant to Article 8 (1) of the Act;
2. Support for international cooperation activities in the private sector pursuant to subparagraph 4 of Article 17 of the Act.
(3) Pursuant to Article 20 (2) of the Act, the Minister of the Korea Forest Service may entrust the following affairs to the KOREDD+ pursuant to Article 18 (1) of the Act:
1. Support for REDD+ project operators in accordance with Article 10 (2) of the Act;
2. Research and development and training and exchange of experts in international cooperation pursuant to subparagraphs 2 and 3 of Article 17 of the Act;
(4) When the Minister of the Korea Forest Service entrusts affairs pursuant to paragraph (3), he/she shall publicly notify the details of the entrusted affairs.