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英譯法規內容

法規名稱(Title) Regulations for the Approval and Management of the Exporters of Catches or Fisheries Products of Distant Water Fisheries Ch
公發布日(Date) 2018.08.07
法規沿革(Legislative) 1.The full text of 18 articles promulgated by the Council of
Agriculture, Executive Yuan on January 20, 2017, under Order
No. Nong-Yu-Tsu 1061332070.
2.The full text of 20 articles Amended and promulgated by the
Council of Agriculture, Executive Yuan on August 7, 2018,
under Order No. Nong-Yu-Tsu 1071336070.
法規內文(Content) Article 1
These Regulations are hereby established pursuant to Article 25,
 paragraph 4 of the Act for Distant Water Fisheries (hereinafter
 referred to as “the Act”).

Article 2
The industry related to distant water fisheries intending to 
conduct the export of catches or fisheries products of distant 
water fisheries listed in Appendix 1 shall fill in the 
application form (format as shown in Appendix 2) and apply to 
the competent authority through post, facsimile, or the internet
 for the approval to be the exporter of catches or fisheries 
products of distant water fisheries (hereinafter referred to as
 “the exporter of distant water fisheries products”), with the
 following documents enclosed: 
(1)A photocopy of the National Identity Card of the legal 
   representative or the person in charge.
(2)The basic registered information on the company, business or 
   factory of the applicant downloaded from the website of the 
   Department of Commerce of the Ministry of Economic Affairs.
(3)The basic registered importer/exporter information of the 
   applicant downloaded from the website of the Bureau of 
   Foreign Trade of the Ministry of Economic Affairs.
(4)Business Operation Prospectus (as shown in Appendix 3), which 
   shall include the company's organizational chart, manpower 
   deployment, items for purchases and sales, contractors for 
   purchases and sales, risk management, etc.
(5)Code of Conduct and standard operating procedures (SOP) for 
   the purchase and sale of catches or fisheries products of 
   distant water fisheries as listed in Appendix 1.

The applicant as referred to in the preceding paragraph shall be
 limited to the importer/exporter registered with the Bureau of 
Foreign Trade of the Ministry of Economic Affairs.

In addition to meeting the requirements imposed by the 
corresponding trading country on the production and storage of 
the fisheries products imported as well as the sanitary 
requirements on processing premises, the Code of Conduct as 
referred to in subparagraph (5) of paragraph 1 shall include the
 requirements to be complied with by the exporters of distant 
water fisheries products as stipulated in Article 7.

The SOP as referred to in subparagraph (5) of paragraph 1 shall 
include procedures for purchase, transport, storage, processing,
 or sales and shall be sufficient to trace the flow of catches 
or fisheries products and the legitimacy of their sources.

In case that the amount of the catches or fisheries products of 
distant water fisheries listed in Appendix 1 in one single 
exportation is less than 1,000 kilograms, the provisions on the 
application for the approval as the exporter of distant water 
fisheries products shall be waived.

Article 3
For any application document that does not meet the 
requirement(s) prescribed in Article 2, the competent authority 
shall require the supplementation within a timeframe. Any 
application without supplementation within the required 
timeframe or with incomplete supplementation shall be denied.

Article 4
The competent authority will issue the certificate of the 
approved exporter of distant water fisheries products after the
 application as referred to in Article 2 has passed the 
documentary review.  The certificate will record the following:
(1)Name and Tax ID Number.
(2)Operation address.
(3)Name of the legal representative or the person in charge.
(4)Certificate number and issuing date.
(5)The issuing authority.

Article 5
In case of any of the following circumstances, the application 
made in accordance with Article 2 shall be denied:
(1)The applicant does not meet the requirement stipulated in 
Article 2, paragraph 2.
(2)The Code of Conduct and SOP do not meet the requirements 
   stipulated in Article 2, paragraphs 3 and 4.
(3)Three years have not passed since the exportation eligibility
    has been revoked pursuant to Article 38, paragraph 3 of the 
   Act. 
(4)Five years have not passed since the exportation eligibility 
   has been revoked pursuant to Article 38, paragraph 5 of the 
   Act.

Article 6
In case that any entry, except for the Tax ID Number, recorded 
in the certificate of the approved exporter of distant water 
fisheries products has changed, such exporter shall apply to 
the competent authority through post, facsimile, or the 
internet, with the enclosure of relevant proving document(s), 
within three months after the date of occurrence of such change. 

For the application as referred to in paragraph 1, provisions 
stipulated in Article 3 and 4 shall, mutatis mutandis, apply.

Article 7
Any exporter of distant water fisheries products shall comply 
with the following provisions when purchasing or selling catches
 or fisheries products of distant water fisheries as listed in 
Appendix 1:
(1)In case that the fish species of the catches or fisheries 
   products is under the management of the international 
   fisheries organization(s), such catches or fisheries products
    shall come from the fishing vessel(s) authorized by relevant
    international fisheries organization(s).
(2)Catches or fisheries products shall not come from any fishing
    vessel listed on the illegal, unreported, and unregulated 
   (IUU) fishing vessels list promulgated by the competent 
   authority pursuant to Article 13, paragraph 2 of the Act.
(3)Catches or fisheries products shall not be the catches or 
   fisheries products under trade sanction from any country 
   under trade sanction imposed by the international fisheries 
   organization(s).
(4)The supplying fishing vessel(s) of the Republic of China 
   shall not violate provisions stipulated in Article 13, 
   paragraph 1 of the Act.
(5)The supplying fishing vessel(s) of foreign flag(s) shall not 
   violate relevant laws or regulations of the flag State(s) or 
   conservation and management measures.
(6)The catches or fisheries products purchased, transported, 
   stored, processed, or sold shall come from legitimate sources
    and be traceable.
(7)Respective SOP in case of self-detecting or being notified by
    a client or the competent authority that catches or 
   fisheries products have involved in IUU fishing shall be 
   established. The SOPs shall include the manners to deal with 
   circumstances such as receiving notifications, self 
   notifications, stopping or suspending transactions, or 
   compensation. 
(8)A management unit or personnel in charge of supervising and 
   ensuring the execution of the Code of Conduct and the SOP 
   shall be established or assigned.
(9)The purchase and sales information of each batch of catches 
   or fisheries products, checklist(s), annual internal audit 
   reports, and education/training records shall be archived for
    at least five years.

Article 8
Any exporter of distant water fisheries products shall declare, 
in accordance with the items as prescribed in Appendix 4, the 
information on the purchased, sold, and stored catches or 
fisheries products as listed in Appendix 1 during the preceding 
three months within 15 days after the end of each quarter, 
through post, facsimile, or the internet. Starting from January 
16, 2019, the declaration shall be made through the internet.

In the event that a catch certificate has been applied for the 
catches or fisheries products as referred to in the preceding 
paragraph in accordance with the Regulations for Issuing Distant
 Water Fisheries Catch Certificates, the write-off shall be 
conducted in accordance with such Regulations. 

Article 9
For the execution and management of the Code of Conduct and SOP, 
any exporter of distant water fisheries products whose employees
 are 30 persons or above shall establish a management unit, and 
any exporter with less than 30 persons of employees shall assign 
personnel in charge.

The management unit or the assigned personnel as referred to in 
the preceding paragraph shall receive, at least for 12 hours in 
every three years, education/training courses organized by the 
competent authority on combating IUU fishing.

Article 10
Any exporter of distant water fisheries products shall comply 
with its own Code of Conduct and SOP in case of purchasing or 
selling catches or fisheries products as listed in Appendix 1, 
and shall conduct internal audit at least once a year. 

Article 11
Any exporter of distant water fisheries products shall cooperate
 with the competent authority in the event of auditing the Code 
of Conduct and SOP for the purchase or sales of catches or 
fisheries products, and shall not evade, obstruct or deny.

Items and criteria for the audit as referred to in the preceding
 paragraph are shown in Appendix 5.

Article 12
Pursuant to the criteria listed in Appendix 6, the competent 
authority shall, based on the information declared during the 
preceding year, categorize the exporters of distant water 
fisheries products into high, medium, and low risk level. Unless 
otherwise provided in these Regulations, audits shall be 
conducted pursuant to the following provisions:
(1)For the exportation amount over 10,000 metric tons during the
   preceding year, an audit shall be conducted every year.
(2)For the exportation amount over 1,000 metric tons and of 
   10,000 metric tons or less during the preceding year, an 
   audit shall be conducted every five years.
(3)For the exportation amount of 1,000 metric tons or less 
   during the preceding year, random audit shall be conducted at
    the ratio of 5% every year, and priority shall be given to 
   those categorized as high or medium level.

For any exporter of distant water fisheries products that has 
not exported any catch or fisheries product as listed in 
Appendix 1 in the preceding year, the competent may not audit 
such exporter in accordance with the provision stipulated in 
the preceding paragraph.

In the event that any exporter of distant water fisheries 
products is reported to be involved in or support the 
transaction of IUU fishing activities, or any anomaly appears 
in relevant catch certificates applied by any exporter of 
distant water fisheries products, or the points of risk 
increase, the competent authority may conduct the audit at any 
time.

Article 13
Before auditing, the competent authority may require any 
exporter of distant water fisheries products to provide, within 
the required timeframe, relevant information such as the 
management for traceability of the catches or fisheries products
 it purchases or sells.

The competent authority shall, after reviewing the information 
as referred to in the preceding paragraph, draw up the audit 
plan and notify the exporter of distant water fisheries products
 to cooperate with the audit.

Article 14
In the event of field audit, the competent authority may require
 the exporter of distant water fisheries products to provide the
 following documents and/or information:
(1)Information on contractor(s) for purchases and sales.
(2)Purchase and sales contracts, and documents proving the 
   transaction and exportation.
(3)Other documents and/or information designated by the 
   competent authority.

Auditor(s) shall keep confidential the contents of the documents
 and information as referred to in the preceding paragraph.

Article 15
Ratings after the audit are categorized as the following:
(1)A plus: No defect was found.
(2)A: minor defects are five items or less, or one major defect.
(3)B: minor defects are six items or above but less than 12, or 
   major defects are two items or above but less than four.
(4)C: minor defects are 12 items or above, or major defects are 
   four items or above.

In terms of calculating the number of defect as referred to in 
the preceding paragraph, three minor defects are equivalent to 
one major defect.

For any exporter of distant water fisheries products that is 
rated “A plus” and has been categorized as law risk level in 
the recent three consecutive years, it may be exempted from the 
audit for five years starting from the date of the completion of
 the most recent audit.

Article 16
For any exporter of distant water fisheries products that is 
rated “B”, it shall submit the improvement report within 30 
days starting from the next day that the audit report is served.

In the event that the exporter of distant water fisheries 
products is unable to submit the improvement report by the 
deadline prescribed in the preceding paragraph, it may apply to 
the competent authority for the extension before the deadline.  
The application of extension shall be limited to once and the 
extension shall be limited to only 30 days.

For any exporter of distant water fisheries products failing to 
submit the improvement report and complete the improvements in 
accordance with the preceding two paragraphs, the competent 
authority may continue to require such exporter to improve 
within a timeframe till the completion of the improvements.

It shall only be deemed as completing the improvements once the 
improvement report submitted by the exporter of distant water 
fisheries is rated “A” or above by the competent authority. 

Article 17
In case of any of the following circumstances, the competent 
authority shall revoke the exportation eligibility of any 
exporter of distant water fisheries products:
(1)The exporter of distant water fisheries products is rated 
   “B” and has not completed the improvements within the 
   required deadline for three times.
(2)The exporter of distant water fisheries products is rated 
   “C”.
(3)The Bureau of Foreign Trade of the Ministry of Economic 
   Affairs revokes the importer/exporter registration.
(4)The exportation of the catches or fisheries products as 
   listed in Appendix 1 has been ceased for six months or above.
(5)The company or business registration has been withdrawn, 
   revoked, or cancelled; or the company or the business has 
   been dissolved or terminated; or the recognition is revoked.  

Any exporter of distant water fisheries products that ceases 
exporting the catches or fisheries products as listed in 
Appendix 1 may take the initiative to apply to the competent 
authority for the revocation of is exportation eligibility and 
return the original copy of its certificate.

Article 18
In case that the exportation eligibility of an exporter of 
distant water fisheries products has been revoked by the 
competent authority pursuant to subparagraph (1) or (2) of 
Article 17, paragraph 1, such exporter shall only re-apply for 
the approval as an exporter of distant water fisheries products
 after it improves the defects and is rated as “A” or above 
by the competent authority.

Any exporter whose eligibility has been revoked due to the 
circumstances stipulated in subparagraph (4) of Article 17, 
paragraph 1 may re-apply for the approval as an exporter of 
distant water fisheries products after the disappearance of 
such circumstances.  

Article 19
The competent authority may commission other institution(s) to 
conduct audits and education/training courses of the exporters 
of distant water fisheries products.

Article 20
These Regulations shall become effective upon promulgation.
圖表附件(Attachments)