Taiwan Proposes New Toxic Chemical Substance Control Act

Update:

On 16 Jun 2017, The Environmental Protection Administration of Chinese Taipei notified the Committee on Technical Barriers to Trade under World Trade Organization (WTO)  the draft Toxic Chemical Substance Control Act (G/TBT/N/TPKM/276). The draft proposal is right on a 60-day public consultation (both Chinese and English version available).

• Chinese version:https://members.wto.org/crnattachments/2017/TBT/TPKM/17_2745_00_x.pdf 

• English version:https://members.wto.org/crnattachments/2017/TBT/TPKM/17_2745_00_e.pdf

Issued on 17 Apr 2017, Taiwan EPA is now consulting on a proposed revision to the Toxic Chemical Substance Control Act (TCSCA). The current TCSCA in force was issued on 11 Dec 2013 adopting a registration scheme of new and existing chemical substances (CL news) similar to EU REACH regulation. Compared to the current version, major changes are proposed as below:

(1) Have a new category called “chemical substances of concern”

Considering the fact that other hazards in addition to toxicity, e.g. explosiveness, self-reactivity, corrosion, etc. will cause risk to environment and human health as well, Taiwan EPA intends to expand control to more chemicals.

According to the latest update made by Taiwan EPA on 21 Apr (EPA news), the management of the current Class 1 to 4 toxic chemical substances will be maintained. The new category will serve as an additional category rather than replace “Class 4 toxic chemical substances” as proposed in the revision released on 17 Apr.  

For “Class 4 toxic chemical substances”, the official definition in current TCSCA is “chemical substances for which there is concern of pollution of the environment or the endangerment of human health”.

For “chemical substances of concern”, the definition introduced in the proposal is “chemical substances which are intentionally or unintentionally generated during manufacture but which are not themselves toxic”. They can be sub-categorized into (1) substances for which there is concern of pollution of the environment and (2) substances for which there is concern of endangerment of human health

(2) Strengthen management on handling of “chemical substances of concern” and registered substances in Taiwan, e.g. assistance with the establishment of a national or cross-regional toxic chemical substance joint prevention organization

(3) Broaden funding sources for expanded regulation

The Chemical Management Fund will be established to impose fees on operation of chemical substances and consultation regarding adverse incidents associated with manufacture, importation, release, hazards and risks, etc.

(4) Strengthen emergency response capabilities of central and local government for chemical incidents

(5) Establish whistleblower mechanisms, including witness protection, public prosecution, citizen litigation, and pursuit of illicit gains

If you have any comments on the proposed revision, please contact Taiwan EPA within 60 days via

• Email: [email protected]

• Fax: (02)2325-3865