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法規名稱(Title) Directions on Hygiene Management of Distant Water Fishing Vessels Registered to Export Fishery Products to the European Union Ch
公發布日(Date) 2015.06.02
法規沿革(Legislative) 1. Promulgated on 16 April 2007 by the Council of Agriculture,
Executive Yuan under Order No. Nung-sou-yu-tzu 0961330892.
2. Article 19 amended and promulgated on 29 April 2008 by the
Council of Agriculture, Executive Yuan under Order No. Nung-
sou-yu-tzu 0971330884.
3. Part of these directions, Appendix 2 of Article 5 and Appendix
6 of Article 11 amended and promulgated on 20 November 2009 by
the Council of Agriculture, Executive Yuan under Order No.
Nung-sou-yu-tzu 0971333045.
4. Appendix 1 and 2 of Article 5 and Appendix 3 of Article 6
amended and promulgated on 4 August 2010 by the Council of
Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu
0991331006.
5. Part of these directions and Appendix 4 of Article 8 amended
and promulgated on 17 January 2011 by the Council of
Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu
1001330940.
6. Article 3, Article 20, Appendix 1 and 2 of Article 5, Appendix
3 of Article 6, Appendix 6 of Article 11 and Appendix 7 of
Article 19 amended and promulgated on 12 September 2012 by the
Council of Agriculture, Executive Yuan under Order No. Nung-
sou-yu-tzu 1011331038 and became effective on the date of
promulgation.
7. Article 2, 5, 6, 7, 8, 9 and 10 amended and promulgated on 2
June 2015 by the Council of Agriculture, Executive Yuan under
Order No. Nung-sou-yu-tzu 1041334216A and became effective on
the date of promulgation.
法規內文(Content) Article 1
To promote hygiene management of distant water fishing vessels and
ensure hygiene of catch and fishery products and export procedures
meeting with provisions set forth in Regulation (EC) No. 852/2004
and Regulation (EC) No. 853/2004 by the European Union, these
directions are hereby enacted by the Council of Agriculture,
Executive Yuan (hereinafter referred to as "this Council").


Article 2
Fisheries Agency of this Council is the competent authority of
these directions. If deemed necessary, Fisheries Agency may
commission or designate domestic/foreign authority (hereinafter
referred to as “the designated authority”) to conduct hygiene
inspection of distant water fishing vessels and captains’hygiene
training.

The designated authority shall conduct hygiene inspection of
distant water fishing vessels and captains’ hygiene training in
accordance with these directions.

The designated authority conducting the hygiene inspection of
distant water fishing vessels and captains’ hygiene training
shall be proclaimed by Fisheries Agency of this Council.


Article 3
Any fishery operator who intends to export catch of distant water
fishing vessels to the European Union shall complete the
registration of such vessels as approved fishing vessels exporting
catch to the European Union (hereinafter referred to as “the
European Union registered distant water fishing vessels”), and
the hygiene of catch shall meet relevant regulations of the
European Union.

In the event that catch of distant water fishing vessels are
transshipped by carrier vessels and exported to the European
Union, such carrier vessels shall be registered as approved
carrier vessels as well, and the hygiene of catch shall meet
relevant regulations of the European Union.

In the event that catch to be exported to the European Union are
directly stored in frozen warehouses and then exported in
containers, such frozen warehouses shall be in accordance with
Standards for Frozen Warehouses Exporting Food promulgated by
Bureau of Standards, Metrology and Inspection of Ministry of
Economic Affairs.


Article 4
Any fishery operator applying for registration of his/her distant
water fishing vessels shall pass the hygiene inspection which
includes document review and on-board inspection.


Article 5
Any fishery operator applying for registration of his/her distant
water fishing vessels shall, through the distant water fishery
organization he/she belongs to, submit the application form
(format as shown in Appendix 1) together with the following
documents to Fisheries Agency of this Council or the designated
authority for document review.
(1) Basic information;
(2) Copy of the fishing license;
(3) Layout of holds;
(4) Organization chart of crew and illustration of positions
    in charge of hygiene management;
(5) Captain’s certificate of hygiene training;
(6) Catch-processing equipments and illustration of hygiene
    management;
(7) Self-inspection sheets of the European Union registered
    distant water fishing vessels;
(8) Attachments (please number pages in accordance with the
    following sequence)
   i.  Photos of catch-processing equipments;
   ii. Monitoring record of fish hold temperature of the latest
       trip. Any distant water fishing vessel newly installed with
       a temperature recorder shall submit a testing record of its
       freezer equipments;
   iii. Plans of Hygiene Management and Hazard Analysis and
        Critical Control Points (HACCP);
   iv.  Others.

Upon receiving applications from fishery operators, Fisheries
Agency of this Council or the designated authority shall complete
the document review within fifteen days and inform fishery
operators to arrange on-board inspection. Where there’s any error
in the submitted information or certificates are not in conformity
with requirements, Fisheries Agency of this Council or the
designated authority shall notify fishery operators to submit
relevant supplementary document(s) within required timeframe. The
application shall be rejected if no supplementary document(s) is
submitted within required timeframe.

The distant water fishery organization referred to in paragraph 1
shall be proclaimed and designated by Fisheries Agency of this
Council.


Article 6
Fisheries Agency of this Council or the designated authority shall
conduct on-board inspection within fifteen days after distant
water fishing vessels applying for registration have passed the
document review.

Criteria for on-board inspection are listed in Appendix 3 and
shall include the item of interview with captains.


Article 7
Upon completion of on-board inspection, Fisheries Agency of this
Council or the designated authority shall inform fishery operators
of the result in written within seven days. Where there is
disagreement with the result, Fisheries Agency of this Council may
invite authorities concerned, scholars and experts to establish a
Review Committee for re-examination. Upon reaching the conclusion
of re-examination, Fisheries Agency of this Council shall inform
fishery operators in written within seven days. 

Fisheries Agency of this Council shall compile distant water
fishing vessels that pass the hygiene inspection as lists and
forward to the Bureau of Standards, Metrology and Inspection of
Ministry of Economic Affairs for submission to the European Union
for registration as approved distant water fishing vessels
exporting catch to the European Union. For distant fishing vessels
that fail the on-board hygiene inspection, fishery operators of
such vessels may improve deficiencies and apply for re-evaluation
within three months upon the receipt of notification of failure.
Fisheries Agency of this Council or the designated authority shall
arrange on-board re-evaluation within fifteen days upon the
receipt of applications from fishery operators. In the event of
failing re-evaluation, fishery operators shall re-submit
applications in accordance with Article 5.


Article 8
The registration is valid for five years. Fishery operators shall
re-apply for hygiene inspection within six months before the date
the registration expires in accordance with Article 5.

Any European Union registered distant water fishing vessels shall
undertake triennial follow-up hygiene inspection after the date it
passed the hygiene inspection. If deemed necessary, the frequency
of triennial follow-up hygiene inspection may be increased. The
principle items of triennial follow-up hygiene inspection are
hygiene maintenance (as shown in Appendix 4). Where a European
Union registered distant water fishing vessel fails the triennial
follow-up hygiene inspection, its fishery operator may apply for
re-evaluation within three months upon the receipt of notification
of failure. Fisheries Agency of this Council or the designated
authority shall arrange on-board re-evaluation within fifteen days
upon receipt of application from the fishery operator.

For any European Union registered distant water fishing vessel
that fails the triennial follow-up hygiene inspection, its fishery
operator shall re-apply in accordance with Article 5. 


Article 9
Captains of distant water fishing vessels applying for
registration shall receive a minimum of 12-hour hygiene training
from Fisheries Agency of this Council or the designated authority.
Hygiene training shall include relevant regulations of the
European Union, items for fishing vessel hygiene inspection,

hygiene management of catch, and notes for signing the Captain
Declaration.


Article 10
Captains who passed hygiene training shall be issued certificates
with the validity of five years by Fisheries Agency of this
Council. Fisheries Agency shall also file qualified captains’
signatures.

Within the validity of captains’ certificates, Fisheries Agency
of this Council or the designated authority may conduct training
in latest hygiene management regulations by correspondence for the
needs of hygiene management.

Captains shall apply to Fisheries Agency of this Council or the
designated authority for re-training within six months before the
validity of certificates expires. The re-training shall be for a
minimum of six hours, and certificates shall be renewed for
captains who pass the re-training.


Article 11
Fisheries Agency of this Council may authorize trained and
qualified captains to verify whether distant water fishing vessels
on which the captains are employed and the catch comply with
regulations of the European Union, in accordance with the
Checklist for Captain Declaration (as shown in Appendix 5), so as
to sign and issue the Captain Declaration (as shown in Appendix
6). The Captain Declaration shall be signed and written in
triplicate.

The list of the authorized captains as referred to in the
preceding paragraph shall be proclaimed by Fisheries Agency of
this Council.


Article 12
In case of any of the following circumstances, captains of the
European Union registered distant water fishing vessels shall not
sign and issue the Captain Declaration.
(1) Captains do not receive training pursuant to Article 10;
(2) Catch temperature during fishing operation is not in
      compliance with regulations of the European Union;
(3) Environment of fishing vessel is contaminated during
      fishing operation;
(4) Catch is not harvested by the fishing vessel on which the
      captain is employed.

In the event that any captain signs and issues the Captain
Declaration without complying with these directions and the non-
compliance is considered as severe, Fisheries Agency of this
Council may request the Bureau of Standards, Metrology and
Inspection of Ministry of Economic Affairs to notify the European
Union.


Article 13
In case of any of the following circumstances, Fisheries Agency of
this Council shall request the Bureau of Standards, Metrology and
Inspection of Ministry of Economic Affairs to notify the European
Union to delete the fishing vessel from the list of European Union
registered distant water fishing vessels.
(1) Fishery operators apply for hygiene inspection with forged
      documents;
(2) Fishery operators do not re-apply for hygiene inspection
      or fail to pass the triennial follow-up hygiene inspection
      pursuant to Article 8, except for fishing vessels that are
      under re-evaluation;
(3) Fishery operators fail to take corrective actions for
      catch that has been verified as non-conformity to the
      hygiene regulations of the European Union, and the non-
      conformity is considered as severe;
(4) Loss of fishing vessel;
(5) Fishery operators do not submit relevant information
      pertaining to hygiene of catch pursuant to these directions.


Article 14
Distant water fishing vessels whose registrations are being
deleted by the European Union may re-apply for hygiene inspection
one year after the date that the Bureau of Standards, Metrology
and Inspection of Ministry of Economic Affairs notify the European
Union for deletion.

Captains who are being notified to the European Union by the
Bureau of Standards, Metrology and Inspection of Ministry of
Economic Affairs as not qualified to issue the Captain Declaration
may re-apply for training 3 years after the date of notification.


Article 15
For any European Union registered distant water fishing vessel, if
there is any change of its information, fishery operator and
vessel name, the fishery operator shall submit certification
document of such changes to Fisheries Agency of this Council.

In the event that the change of information in the preceding
paragraph is related to the registration of the European Union,
Fisheries Agency of this Council shall forward to the Bureau of
Standards, Metrology and Inspection of Ministry of Economic
Affairs for notification to the European Union.


Article 16
Fishery operators shall submit or fax the sales information lot by
lot within seven days after the catch of European Union registered
distant water fishing vessel are exported to the European Union.

Captains shall submit records of fishing vessels temperature of
each voyage to fishery operators for filing. Such records shall be
the ground for future hygiene inspection and triennial follow-up
hygiene inspection.


Article 17
In the event that catch of European Union registered distant water
fishing vessel are exported to non European Union regions, the
hygiene inspection of fishing vessels, training of captains and
the issue of the Captain Declaration may be conducted in
accordance with theses directions.


Article 18
(Repealed.)


Article 19
In the event that catch of distant water fishing vessels are sold
to processing plants that export fishery products to the European
Union, the Sale Record of Catch Exported to the European Union (as
show in Appendix 7) shall be submitted to fish trade agents,
processing plants exporting fishery products to the European
Union, and the Bureau of Standards, Metrology and Inspection of
Ministry of Economic Affairs in sequence. 


Article 20
For catch of distant water fishing vessels directly stored in
frozen warehouses and then loaded in containers or directly loaded
in containers for exportation to the European Union, fishery
operators shall notify Fisheries Agency of this Council ten days
before such catch are transported to the Republic of China and
submit records of catch temperature to Fisheries Agency of this
Council to forward to the Bureau of Standards, Metrology and
Inspection of Ministry of Economic Affairs for conducting
inspection of catch and issue of hygiene certificates.