Committee on Technical Barriers to Trade - Notification - The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu - Hydrochlorofluorocarbons

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Department of Atmospheric Environment

Ministry of Environment

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [X], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): hydrochlorofluorocarbons; products or equipment containing hydrochlorofluorocarbons (HCFCs)

5.

Details of notified document(s) (title, number of pages, means of access): Draft Amendments to the Regulations for Consumption Management of Hydrochlorofluorocarbons; (17 page(s), in English), (14 page(s), in Chinese)

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

WTO TBT Enquiry Point, Email: tbtenq@bsmi.gov.tw

https://members.wto.org/crnattachments/2025/TBT/TPKM/25_04194_00_x.pdf

6.

Description of content: The Ministry of Environment proposes to amend the provisions of the "Regulations for Consumption Management of Hydrochlorofluorocarbons" and revise its title to "Management Regulations for Hydrochlorofluorocarbons."

The key points of the draft amendments are as follows:

1._    Add a definition for HCFC-containing products or equipment, and revise the definitions of HCFCs and consumption quantity.

2._    Adjust the control timelines for the consumption and production of HCFCs, as well as the restrictions on their use, to reflect that certain timelines have already passed.

3._    Simplify the current allocation system by adopting a single annual allocation process to better meet practical needs.

4._    Add application procedures for exempted uses permitted under Montreal Protocol resolutions, which are not included in consumption calculations.

5._    Add regulations on the import and reporting requirements for enterprises granted import approvals for exempted uses.

6._    Clarify the existing prohibition on importing HCFC-containing products or equipment without prior approval.

7._    Add provisions allowing unauthorized imports of HCFCs or HCFC-containing products or equipment to be disposed of through sale or other appropriate methods.

7.

Objective and rationale, including the nature of urgent problems where applicable: Consumer information, labelling; Protection of human health or safety; Protection of animal or plant life or health; Protection of the environment; Harmonization; Cost saving and productivity enhancement

8.

Relevant documents:

Government Gazette, Vol. 031, No. 108, dated 12 June 2025.

https://gazette.nat.gov.tw/egFront/e_detail.do?metaid=157891

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Provision of comments:

Final date for comments: 26 August 2025

[X] 60 days from notification

Contact details of agency or authority designated to handle comments regarding the notification:

WTO TBT Enquiry Point

Bureau of Standards, Metrology and Inspection

Ministry of Economic Affairs

No. 4, Sec. 1, Jinan Rd., Zhongzheng Dist.

Taipei City 100, Taiwan

Tel: +(886-2) 23431700#1566

Fax: +(886-2) 23431804

Email: tbtenq@bsmi.gov.tw