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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 14:07
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Chapter Law Content

Chapter 4 Monitoring and Management
Article 43
The central competent authority may, in accordance with Article 52 of these Regulations, subcontract domestic professional groups to conduct assessments of competence, confirmation of technological consistency, training of human resources and review of qualifications, management of registration, etc. of the certification bodies.
Article 44
Under any of the following circumstances, the central competent authority shall cancel the certificate of type certification issued to the obligatory applicant:
1.where cancellation of the certificate is made upon application by the obligatory applicant,
2.where the registration document of establishment is withdrawn , rescinded or cancelled in accordance with related laws,
3.where the business entity is dismissed or shut down or its approval is withdrawn, or
4.where non-conformities are found by the central competent authority during checks.
Article 45
Where the certificate of type certification is obtained by fraudulent or deceptive means, the central competent authority shall withdraw related qualifications of the obligatory applicant and shall request the certificate be returned within a certain time limit. Where criminal charges are involved, the cases shall be forwarded to judicial organizations for processing.
For the situation mentioned in the preceding paragraph occurs to mechanical products with special structures, where the central competent authority withdraws the approval for using appropriate inspection methods, the type certification label shall be withdrawn accordingly and the certification body shall request that the certificate of type certification be returned within a certain time limit.
Article 46
Under any of the following circumstances involving the obligatory applicant, the central competent authority shall rescind the certificate of type certification:
1.where the inspection results of purchased products or sampled products do not comply with the standards of type certification,
2.where the certificate of type certification, technical files or samples are not provided within the notified time limit or are not intended to be provided without justified reasons,
3.where the certified product causes significant hurt or damages due to defects,
4.where the products do not comply with labeling requirements and corrective actions are not taken within the notified time limit,
5.where the declaration of conformity and technical files of type-certified products are not maintained for the specified time period in accordance with the provisions of Article 14,
6.where the provisions of Article 17 are violated because the products are different from those stated in the certificate of type certification and corrective actions are not completed within the notified time limit,
7.where the re-issuance of certificate of type certification against revised certification standards is not completed within the specified time limit in accordance with Article 18,
8.where the production premises of certified products do not comply with the conformity assessment procedures at the production stage,
9.where the certification fees are not paid within the notified time limit,
10.where type certification is no longer required for the product item, or
11.where the violations are considered significant by the central competent authority.
Article 47
Where bilateral or multilateral mutual recognition agreements or conventions are signed between the Republic of China with other countries, regional organizations or international organizations, the central competent authority may recognize test reports, inspection certificates or other related certification documents in accordance with the obligations specified in such agreements or conventions.
For imported products, the certification body may recognize the foreign test reports, inspection certificates and other related certification documents provided by the obligatory applicant and recognized by the central competent authority in accordance with the provisions of the preceding paragraph. The whole or part of the certification or testing stipulated in Article 4 can therefore be waived. The certification body may apply to the central competent authority for approval on the acceptance of test reports via the arrangement of mutual recognition between testing laboratories if such agreements or conventions do not exist, or there are difficulties in accepting such certificates due to special reasons.
Article 48
The forms of documents mentioned in these Regulations shall be prescribed by the central competent authority.
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