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英譯法規內容

法規名稱(Title) Operation Rules for Review and Assessment of World Trade Organization Members or Countries in Organic Equivalence Ch
公發布日(Date) 2019.06.06
法規沿革(Legislative) 1. Full text of 9 rules was promulgated by the Council of
Agriculture on June 6, 2019 per Order Nung-Liang-Tzu-Tze
1081069451A.
法規內文(Content) 1. These Rules have been established by the Council of
    Agriculture, Executive Yuan (hereinafter referred to as
    the COA) to review and assess countries or members of
    World Trade Organization (WTO) in organic equivalence in
    accordance with Article 9 of the Enforcement Rules for
    Organic Agriculture Promotion Act.

2. Any country or WTO member who applies for review of organic
    equivalence (hereinafter collectively referred to as the
    Applicant) shall file applications with the following
    documents, to the COA:
  (1) A letter of application, specifying the scope of the
     products applied for review and the information of contact
     persons;
  (2) A comparison of the laws and regulations for management of
     organic agriculture between the Applicant and the ROC;
  (3) Status of organic agriculture, which shall include the
     amount of certification bodies, the amount of certified
     farmlands and processing factories and the area of cultivation
     certified organic; and
  (4) Management framework and measures for organic products,
     which shall include product testing, examination of labeling and
     disposal of violation cases, among other matters.

3. To conduct the review indicated in the previous article,
    the COA may invite relevant government authorities, experts,
    scholars, industries or institutions and organizations which
    have interests involved on a case-by-case basis to form the
    organic equivalence review team (hereinafter referred to
    as the Review Team), which shall participate in the review.
    The COA may require the Applicant to cooperate for on-site
    assessment, if necessary.

4. For conducting the on-site assessment in the previous
    article, except for competent staff designated by the COA,
    the COA may also appoint at least one person respectively
    from accreditation bodies, the Review Team and the experts
    or scholars in the field of relevant technologies, to form
    the assessment team, which shall participate in on-site
    assessment operation.

5. Targets to be assessed on-site by the assessment team are
    listed below and may be expanded if necessary.
(1) Accreditation bodies, or conformity assessment institutions
with equivalent functions;
(2) Certification bodies: Preferably, two certification bodies
shall be assessed (headquarters assessment). The number of
certification bodies to be assessed may be increased or reduced,
if necessary.
(3) Operators: Two of the operators that have been certified by
the certification body shall be assessed (witness assessment).
The number of operators to be assessed may be increased, if
necessary.

6. An on-site assessment schedule for the assessment team
    shall be prepared and submitted by the Applicant to
    the COA and shall be followed only with the consent of
    the COA. Local transportation and translation expenses
    incurred during the assessment period shall be borne by the
    Applicant. Expenses of flight tickets to/from the applying
    country or area, meals, accommodations and relevant matters
    shall be borne by the COA.

7. From the arrival of the assessment team members at the
    airport in the territory of the Applicant, the Applicant
    shall arrange staff to provide pick-up and drop-off services
    and shall also designate a person or persons to accompany
    the assessment team all the way throughout the assessment
    so as to ensure the successful completion of the assessment
    schedule and the safety of the assessment personnel.

8. Preferably, the assessment team shall conduct on-site
    assessment in Chinese. In a non-Chinese speaking country,
    the Applicant shall arrange a person who is proficient
    in the local language and Chinese to interpret for the
    assessment team.

9. The assessment team shall submit an assessment report in
    Chinese to the COA after returning to the ROC. The COA shall
    have it translated into English and then deliver an English
    copy to the Applicant in writing.