Article Content

  Chapter 1 General Provisions

Article 1
These Regulations are established in accordance with Paragraph 5, Article 8 of the Occupational Safety and Health Act (the Act).
Article 2
The terms and vocabulary used in these Regulations shall be defined as follows:
1. Mechanical products: machinery, equipment or appliances, imported or domestically manufactured, announced to be subject to type certification by the central competent authority in accordance with Paragraph 1, Article 8 of the Act.
2. Produce: manufacture, make, process or modify, including the assembly of individual components to final mechanical products for sale, and modification of the products for purpose of sale before they are placed on the market.
3. Certification procedures: conformity assessment procedures as mentioned in the Agreement on Technical Barriers to Trade, including any of the following procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.
(1) procedures for sampling, testing and inspection;
(2) procedures for evaluation, verification and assurance of conformity;
(3) procedures for registration and approval;
(4) combinations of the procedures mentioned in the preceding 3 subparagraphs.
4.Certification body: bodies that are approved to perform type certification in accordance with Paragraph 1, Article 8 of the Act.
Article 3
The obligatory applicant for mechanical products (hereinafter referred to as the products) shall be:
1.the manufacturer, if the products are produced domestically. Where the products are contracted to others to produce and are placed on the market under the name of the contractor who has domiciles or business offices in Taiwan, the contractor shall be the obligatory applicant.
2.the importer, if the products are produced in foreign countries. Where the products are contracted to others to import and are placed on the market under the name of the contractor who has domiciles or business offices in Taiwan, the contractor shall be the obligatory applicant.
3.the seller of the products, if the manufacturer/importer/contractor of production or contractor of import is unknown and not able to be traced.
Article 4
Products that are subject to type certification in accordance with Paragraph 1, Article 8 of the Act shall not be shipped out of the production premises or imported if they are not type certified by the certification bodies, do not obtain the certificate of conformity to type certification (Appendix) and do not put up the certification labels, except that an application for prior release is approved in accordance with Paragraph 4, Article 8 of the Act.
Article 5
The implementation procedures, items and standards for certification shall be stipulated and published by the central competent authority by following requirements of international trade or labor treaties and consulting relevant national standards, international standards or other technical regulations.