Taiwan Tightens Controls over Chemicals of Concern

On 3 September 2019 Taiwan's Environmental Protection Administration published the Amendment to the Toxic Chemical Substances Control Act Enforcement Rules to impose additional restrictions on chemicals of concern as newly defined under the Toxic and Concerned Chemical Substances Control Act. The amendment will become effective on 16 January 2020.

Verisk 3E Review             

The Taiwan EPA issued the Amendment to the Toxic Chemical Substances Control Act Enforcement Rules (the amendment) on 3 September 2019. The amendment will become effective on 16 January 2020.

Compared to the Toxic Chemical Substances Control Act Enforcement Rules, the following major revisions have been introduced under the enforcement rules:

• Incorporating the concept of "chemicals of concern," as introduced under the newly amended Toxic and Concerned Chemical Substances Control Act (毒性及關注化學物質管理法), under the auspices of the enforcement rules. For instance, the enforcement rules will be renamed as Toxic and Concerned Chemical Substances Control Act Enforcement Rules (毒性及關注化學物質管理法施行細則) to reflect this new concept. In addition, various provisions under the enforcement rules have been revised to impose additional restrictions and requirements for chemicals of concern. Chemicals of concern are defined as chemical substances, other than toxic chemical substances, that are considered by the Taiwan EPA to be detrimental to the health of individuals or the environment due to their characteristics or due to domestic or international concerns of consumers. A list of these substances will be developed and published by the Taiwan EPA.
   
• Further defining online and mail order purchases as regulated under Articles 21, 28 and 60 of the Toxic and Concerned Chemical Substances Control Act, which previously banned such purchases without defining them. The amendment defines these purchases to cover any transaction conducted via radio, television, telephone, fax, newspaper, magazine or the internet and does not have specifically targeted or identified purchasers.
   
• Allowing applicants of permits or licenses for toxic chemicals and chemicals of concern to submit the layout map of their facilities electronically.

Verisk 3E Analysis          

Companies engaged in the manufacture, import, export, sales, transport, use, storage or disposal of toxic chemicals in Taiwan should take note of the changes introduced under the amendment, which imposes controls on an additional set of substances defined as chemicals of concern and clarifies the restrictions on online and mail order sales of toxic chemicals. Affected companies are recommended to review the amendment and adjust their business practices accordingly to ensure compliance.