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Title: Toxic and Concerned Chemical Substances Control Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 8 Supplementary Provisions
Article 68
After the official announcement by the central competent authority of those toxic chemical substances and chemical substances
of concern that are already being handled prior to official announcement, the handler shall, within the officially announced period, complete related matters with regard to matters that must be declared, reported or implemented in compliance with regulations, and shall obtain a permit, complete registration or obtain approval pursuant to this Act, and may only continue handling after doing so.
Article 69
Chemical substance registration information pursuant to this Act shall be disseminated to the public. However, the central competent authority possesses the authority to maintain confidentiality of information involving national defense, industrial or commercial confidentialities subject to the application submitted by the manufacturer or importer and received approval by the central competent authority.
When one of the following circumstances occurs, information confidentiality in Paragraph 1 shall not be subjected to this restriction pursuant to the authority of the central competent authority.
I. It is necessary for benefitting the public.
II. It is necessary for protecting people’s lives, bodies, health.
III. Consent is obtained from the manufacturer or importer.
Confidentiality shall be maintained concerning reviews, checking, and the collection of samples and testing performed pursuant to this Act that involve national defense, industrial or commercial secrets. However, the identity, physical properties, chemical, toxicity, classification, labeling and relevant safety information of chemical substances shall not be subject to this restriction.
The Freedom of Government Information Act shall apply to application to the central or special municipality, county and city competent authorities for provision of government information pursuant to the regulations in Paragraphs 1 to 3.
Article 70
Handlers shall publicly disclose the permits, registration documents or approval documents approved by the competent authority, and the materials declared in accordance with this Act, and the certificate numbers of professional technical management personnel and environmental analysis and testing organization to a website designated by the central competent authority.
Competent authorities at all levels may publicly disclose individual and statistical information related to the auditing and punishment of handlers, professional technology management personnel, environmental analysis and testing organizations on a website designated by the central competent authority.
Article 71
The competent authority at the special municipality, county or city level, as necessary to prevent environmental pollution or hazard to human health, shall require handlers to submit diagrams of the entire handling site and the interior layout of the site when applying for handling permits, registration or approval with regard to toxic chemical substances and chemical substances of very concern. Once the handling of such substances has been approved, firefighting units shall also be notified of the diagrams of the entire handling site and the interior layout of the site.
Article 72
The competent authority may grant incentives to those that comply with one of following conditions:
I. The handler has not violated the regulations of this Act for ten consecutive years.
II. The handler has achieved outstanding results in its toxic chemical substance and chemical substances of very concern risk prevention and equipment improvement efforts.
III. Those that have invented or improved methods for the reduction of dangers or pollution created through the manufacture, transport, storage or use of toxic chemical substances and chemical substances of very concern that are appropriate for promotion.
The competent authority shall determine implementation procedures governing applicable targets, selection, incentive methods, and other binding matters with regard to the incentives in Paragraph 1.
Article 73
If the competent authority is negligent in enforcement when a handler, person responsible for registration and reporting, or other person with relevant responsibilities violates the regulations of this Act or orders determined under the authorization of this Act, victims or public interest groups may notify the competent authority in writing and state the specific content of the negligent enforcement. If the competent authority has still failed to perform enforcement in accordance with law within 60 days after the date of delivery of written notification, the victim or public interest group may initiate a lawsuit in administrative court addressing the negligence in implementation of duties taking the competent authority as the defendant, and request that the competent authority be ordered to perform implementation.
With regard to the administrative court's decision in Paragraph 1, in accordance with its authority, the court may order the defendant agency to pay appropriate legal expenses, detection and appraisal fees, and other lawsuit-related expenses to a plaintiff who has made a substantive contribution to the control of environmental pollution by chemical substances.
The central competent authority shall determine the format of the written notification in Paragraph 1 in consultation with relevant agencies.
Article 74
The central competent authority shall determine the enforcement rules of this Act.
Article 75
Apart from Article 7, Article 54, Article 65, Article 67 and Article 72, which shall take effect on the date of promulgation, the remaining articles shall take effect one year after promulgation.