These regulations are established in accordance with Paragraph 2, Article 7 of the Standards Act.
Any person, legal entity, government agency or organization may submit a proposal to the government agency in charge of standards (hereinafter referred to as the “standards authority”) for the establishment, amendment, or rescission of national standards.
The aforementioned proposal shall be made by preparing a written proposal for national standards, and a proposed draft of standards and technical specifications or standards applied domestically or in foreign countries may be attached. The same applies to that proposed by the standards authority.
The contents of the proposal for national standards shall include the following items:
1.heading and title;
3.objectives and reasons;
4.supporting information and documentation;
5.organizations or institutions that can provide assistance and assistant items; and
In case of any nonconformity with the contents of items listed in the preceding paragraph, the standards authority shall notify the party concerned for rectification within a specified time limit. Should the party fail to rectify according to relevant regulations, the proposal for national standards will be remarked as with the nonconformity.
The proposal for national standards shall be provided in the official language of this Country, and any technical terms translated from a foreign language may include their original texts. If the proposal was originally made in a foreign language, the original version shall also be provided.
Where the translation of technical terms have been stipulated in national standards, that translation shall be used. Where the translation does not exist in national standards, the one used by the National Academy for Educational Research shall be used.
Any proposals for national standards shall be reviewed by the National Standards Review Council (hereinafter referred to as the “Review Council”), and the party who submitted the proposal shall be notified of the results of the review.
The headings of the proposals for establishment, amendment, or rescission of national standards, adopted by the Review Council shall be announced by the standards authority.
The proposed draft for the establishment or amendment of national standards in the preceding Article shall be prepared by the standards authority.
The draft preparation of national standards mentioned in the preceding paragraph may be delegated to the National Standards Technical Committees (hereinafter referred to as the “Technical Committees”) or be provided by the competent governmental institutes. The standards authority may entrust other governmental institutions, legal entities, non-profit organizations or institutes or experts to conduct proposal draft, solicit comments, compile soliciting comments, and amend the national standards draft.
The draft preparation of national standards shall be referred to the following items in addition to the proposal for national standards:
1.proposed draft of national standards;
2.technical specifications or standards applied domestically or in foreign countries;
3.comments from domestic and foreign production and manufacturing, public institution, and academia;
4.the situation of domestic production, manufacturing and consumption; and
5.scientific and technical information those are available.
During the course of draft preparation for national standards, where relevant international standards and the international standards concerned exist or their completion is imminent, all or relevant part of them shall be used as the basis of drafting national standards, except where those standards would not conform the purpose for establishment or amendment of national standards.
In the process of preparing draft of national standards, on-site investigation and survey or testing, if needed, may be arranged.
Such on-site investigation and survey or testing may be entrusted to other governmental institutes, organizations or experts.
The standards authority shall solicit comments from interested parties, members of the Technical Committees and Review Council, experts, industries, government bodies, institutions, and educational institutes, once the national standards draft has been prepared.
In respect of the individual notice and public announcement, the commenting period shall not be less than sixty (60) days. The commenting period may be shortened in case of actual or potential emergencies involved in public safety, health or environment.
The comments solicited according to the preceding Article shall be compiled by the standards authority with the following recorded items:
1.the name of committee members or organizations presenting no comments;
2.the overall general comments;
3.the comments on specific subjects, sections or paragraphs, and contents.
The national standards draft shall be reviewed by the relevant Technical Committee.
The review shall be conducted by reference to the compilation of review comments and related documentation, and considered to achieve the following objectives from the aspect of technology:
1.to reflect the domestic production capability and technological level;
2.to improve quality of products and enhance production efficiency;
3.to maintain a rational balance between production, use and consumption;
4.to conform to relevant international standards; and
5.to establish the standards based on requirements in terms of performance rather than design or descriptive characteristics.
When reviewing as described in the first Paragraph, the standards authority shall invite persons concerned as referred in paragraph 1 of Article 9 for stating their views and opinions.
The national standards drafts passed in reviews of the Technical Committee shall be prepared in the form of national standards review drafts. In case that the drafts fail to pass the review, they shall be revised and prepared as new ones for further review, or be processed for soliciting comments and reviews in accordance with the previous 2 articles and previous paragraphs of the article.
The standards authority shall prepare an excerpt outlining the background of the national standards proposals, the review process and the results of the review.
Under any of the following conditions found by the Review Council, the standards authority may terminate the establishment or amendment of national standards:
1.The proposals for the establishment or amendment of national standards, adopted by the Review Council, are unable to be included in the draft of national standards.
2.The national standards draft fails in the review of the Technical Committee, and cannot be revised, or be passed in the review of the Technical Committee within 2 years since the day it was sent to the Technical Committee for review.
The proposals for establishment or amendment of national standards, abandoned due to the above procedure, shall be notified to the proposal holders.
The national standards review drafts shall be finally reviewed by the Review Council with reference to the excerpt of review and relevant documentation.
Committees of the Review Council may be invited to describe the reviewing items for the review stipulated in the previous paragraph. Only can editorial corrections be applied except for matters concerning technical items that are found self-contradictory in contents or conflicting with the policies, acts, or other regulations or national standards, which shall be sent to the Technical Committee for review.
The draft of national standards passed in the review, shall be granted with CNS symbol and general numbers, and compiled to the final draft of national standards. Where the draft of national standards fails to pass the review, it shall be returned to the Technical Committee for review along with the conclusions from such final review.
The standards authority shall submit the final draft of national standards to the Ministry of Economic Affairs (MOEA) for approval and promulgation as the ROC national standards.
The title of the promulgated standards referred in the previous paragraph shall be announced in the Official Gazette: Standards and notified the proposal holder.
Any standards not undergoing the announcement procedure in the first Paragraph shall be named National Standards of the Republic of China (CNS) upon its promulgation.
In case of any of the following situations, the standards authority may amend the contents of national standards in a corrigendum and announce the amendment in the Official Gazette: Standards:
2.misprinting of numbers
3.other reasons that do not affect substantive content of the standards.
The proposal for rescission of national standards, adopted through the review of the Review Council, may be applied to regulations stipulated from Article 9 to Article 14 for rescission.
In the event that certain national standards are integrated with or covered by other national standards through reviews of the Technical Committee, those national standards may be submitted to the Review Council for review and approval of rescission.
For the rescission through the above 2 paragraphs, the national standards authority shall submit the national standards to the Ministry of Economic Affairs (MOEA) for approval and promulgation, and announce the title of national standards in the Official Gazette: Standards.
The standards authority shall announce for soliciting comments on amending or rescinding national standards since fulfilling five (5) years following the day of their promulgation of adoption or amendment. Where no comments are received, the national standards at issue shall be submitted to the Review Council for confirmation and be published by the standards authority. Where comments are received, the national standards shall be amended or rescinded in accordance with the provisions set forth from Article 4 to Article 16. The same shall also apply to the national standards confirmed five (5) years following the promulgation date of confirmation.
The comments mentioned in the preceding paragraph shall be presented within thirty (30) days after the day of solicitation announcement in the Official Gazette: Standards.
These regulations shall come into effect from the date of promulgation.