These Regulations are determined pursuant to Article 17, Paragraph 2 of the Resource Recycling and Reuse Act (herein referred to as this Act
).
When the import or export of a renewable resource affects the domestic recycling or reuse of renewable resources, the central competent authority in consultation with the central industry competent authority may officially announce restricted or prohibited import or export items following review and approval by the Renewable Resource Recycling Promotion Committee.
The assessment of restricted or prohibited items in the foregoing paragraph shall include the following items.
Output volume of relevant domestic renewable resources, recycling volume, and production and sale of recyclable products
Capacity of relevant domestic recycling facilities
Production and sales of domestic products
The operating status of renewable resource producers and recyclers
Assessment of factors affecting recycling
With regard to the official announcement in Paragraph 1, the central competent authority may perform an assessment or review in response to a written request from an industry or relevant group.
If the import or export of a renewable resource item is restricted, it may be imported or exported only after a permit has been applied for and received in accordance with these Regulations.
The central competent authority may adopt a total quantity management approach to specific renewable resource items whose import or export is restricted in light of the state of domestic recycling.
In the foregoing paragraph, the central competent authority in consultation with the central industry competent authority and relevant industry associations shall officially announce renewable resource items subject to annual import or export total quantity or quota controls.
The import or export of renewable resources to and from export processing zones and science-based industrial parks shall be performed in accordance with Paragraph 1. These Regulations are not applicable to the transport of renewable resources between domestic taxation zones, however.
When a recycler wishes to import renewable resource items whose import is restricted, it shall submit an application to the special municipality, county, or city competent authority; the applicant may import the items only after the special municipality, county, or city competent authority has approved the application, sought and obtained the consent of the central competent authority, and been issued a permit document.
Applicants shall submit the following documents in connection with the application in the foregoing paragraph.
Application form
Registration approval verification documents from a government agency
An explanation of the source and characteristics of the renewable resource
A analytical test report issued by a testing organization authorized by the government of the exporting nation stating the main components of the renewable resource
Relevant documents verifying recycling technology, methods, and ability, the characteristics of the recycled product, and production and sales plans, etc.
Expected batch-by-batch renewable resource shipment dates, import dates, and quantities; description of storage and disposal sites
Emergency response and pollution control measures to be taken during the domestic transport process
Relevant verification of import quantity or explanation of why the imports will not affect the recycling of domestic renewable resources
Other documents designated by the central competent authority.
When a renewable resource producer or recycler wishes to export renewable resource items whose export is restricted, it shall submit an application to the special municipality, county, or city competent authority; the applicant may export the items only after the special municipality, county, or city competent authority has approved the application, sought and obtained the consent of the central competent authority, and been issued a permit document.
Applicants shall submit the following documents in connection with the application in the foregoing paragraph:
Application form
Registration approval verification documents from a government agency
An explanation of the source and characteristics of the renewable resource
An import reshipment contract and reshipment import plan if the items must be reshipped for some reason
Emergency response and pollution control measures to be taken during shipment and re-import
Relevant verification of import quantity or explanation of why the imports will not affect the recycling of domestic renewable resources
Other documents designated by the central competent authority
When a party has applied to import or export renewable resources, the competent authority may not issue permit documents when one of the following situations apply.
The applicant has exported renewable resources that had not been adequately recycled or reused. The facts have been confirmed after notification by the government of the receiving nation.
The applicant has been apprehended illegally importing or exporting renewable resources on two or more occasions.
The competent authority has cancelled the applicant's originally issued import or export permit documents or has apprehended the applicant using false documents to apply for an import or export permission.
The applicant has willfully transferred imported renewable resources to other parties without having received the consent of the competent authority.
The applicant has been notified by the central competent authority that it shall refuse or re-export renewable resources that it has imported, however failed to do so.
The applicant has been notified by the government of the receiving nation that it must re-import a renewable resource that it has exported, however failed to do so.
Severe threats to human health or the environment occurred during the recycling process after the applicant imported the renewable resource
Permit documents issued in accordance with these Regulations shall record the following subparagraphs.
Permit document number
Renewable resource item
Name and address of importer or exporter
Name and address of statutory responsible person
Exporting or receiving nation
Permitted import or export quantity
Date of permit document issuance and period of validity
Other items designated by the central competent authority
If the address in Subparagraph 3 of the foregoing paragraph or the name or address of the statutory responsible person in Subparagraph 4 of the foregoing paragraph changes, the permit-holder shall apply for change of registration within 15 days after the occurrence of the change. If any of the other recorded items change, the permit-holder shall reapply for a permit document in accordance with these Regulations.
Those having applied for and received permission in accordance with these Regulations shall perform the renewable resource import or export in accordance with the content of its approved application and permit document, and may not engage in any unauthorized matters.
The competent authority may cancel or revoke an import or export permit document it originally issued when any of the following situations apply.
The holder has lent the permit document to another party.
False documents were used in the application to obtain a permit document from the competent authority.
The imported or exported items are not consistent with the content of the permit document.
The party has failed to perform import or export matters in accordance with the foregoing article.
The party has committed other illegalities that the competent authority has determined to be severe circumstances.
The format of all relevant documents designated in these Regulations shall be determined by the central competent authority.
If a renewable resource is a waste regulated by international convention, the import or export of that resource shall comply with Article 31 and Article 38 of the Waste Disposal Act.
The import or export of renewable resources between the Taiwan Area and the China Area (including Hong Kong and Macao) shall comply with these Regulations.
The import or export of renewable resource to or from the China Area shall comply with Taiwan Area and China Area trade permit regulations, etc.
These Regulations shall take effect from the date of promulgation.
