Directions

Last Update:2015-09-01
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Directions on Hygiene Management of Distant Water Fishing Vessels Registered to Export Fishery Products to the European Union

Legislative History
1. Promulgated on 16 April 2007 by the Council of Agriculture,
   Executive Yuan under Order No. Nung-sou-yu-tzu 0961330892.
2. Article 19 amended and promulgated on 29 April 2008 by the 
   Council of Agriculture, Executive Yuan under Order No. Nung-
   sou-yu-tzu 0971330884.
3. Part of these directions, Appendix 2 of Article 5 and Appendix
   6 of Article 11 amended and promulgated on 20 November 2009 by
   the Council of Agriculture, Executive Yuan under Order No. 
   Nung-sou-yu-tzu 0971333045. 
4. Appendix 1 and 2 of Article 5 and Appendix 3 of Article 6 
   amended and promulgated on 4 August 2010 by the Council of 
   Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu 
   0991331006.
5. Part of these directions and Appendix 4 of Article 8 amended 
   and promulgated on 17 January 2011 by the Council of 
   Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu 
   1001330940.
6. Article 3, Article 20, Appendix 1 and 2 of Article 5, Appendix
   3 of Article 6, Appendix 6 of Article 11 and Appendix 7 of 
   Article 19 amended and promulgated on 12 September 2012 by the 
   Council of Agriculture, Executive Yuan under Order No. Nung-
   sou-yu-tzu 1011331038 and became effective on the date of 
   promulgation.
7. Article 2, 5, 6, 7, 8, 9 and 10 amended and promulgated on 2 
   June 2015 by the Council of Agriculture, Executive Yuan under 
   Order No. Nung-sou-yu-tzu 1041334216A and became effective on 
   the date of promulgation.



Article 1
To promote hygiene management of distant water fishing vessels and 
ensure hygiene of catch and fishery products and export procedures 
meeting with provisions set forth in Regulation (EC) No. 852/2004 
and Regulation (EC) No. 853/2004 by the European Union, these 
directions are hereby enacted by the Council of Agriculture, 
Executive Yuan (hereinafter referred to as "this Council").


Article 2
Fisheries Agency of this Council is the competent authority of 
these directions. If deemed necessary, Fisheries Agency may 
commission or designate domestic/foreign authority (hereinafter 
referred to as “the designated authority”) to conduct hygiene 
inspection of distant water fishing vessels and captains’hygiene 
training.

The designated authority shall conduct hygiene inspection of 
distant water fishing vessels and captains’ hygiene training in 
accordance with these directions.

The designated authority conducting the hygiene inspection of 
distant water fishing vessels and captains’ hygiene training 
shall be proclaimed by Fisheries Agency of this Council.


Article 3
Any fishery operator who intends to export catch of distant water 
fishing vessels to the European Union shall complete the 
registration of such vessels as approved fishing vessels exporting 
catch to the European Union (hereinafter referred to as “the 
European Union registered distant water fishing vessels”), and 
the hygiene of catch shall meet relevant regulations of the 
European Union.

In the event that catch of distant water fishing vessels are 
transshipped by carrier vessels and exported to the European 
Union, such carrier vessels shall be registered as approved 
carrier vessels as well, and the hygiene of catch shall meet 
relevant regulations of the European Union. 

In the event that catch to be exported to the European Union are 
directly stored in frozen warehouses and then exported in 
containers, such frozen warehouses shall be in accordance with 
Standards for Frozen Warehouses Exporting Food promulgated by 
Bureau of Standards, Metrology and Inspection of Ministry of 
Economic Affairs.


Article 4 
Any fishery operator applying for registration of his/her distant 
water fishing vessels shall pass the hygiene inspection which 
includes document review and on-board inspection.


Article 5
Any fishery operator applying for registration of his/her distant 
water fishing vessels shall, through the distant water fishery 
organization he/she belongs to, submit the application form 
(format as shown in Appendix 1) together with the following 
documents to Fisheries Agency of this Council or the designated 
authority for document review.
(1) Basic information;
(2) Copy of the fishing license;
(3) Layout of holds;
(4) Organization chart of crew and illustration of positions 
    in charge of hygiene management;
(5) Captain’s certificate of hygiene training;
(6) Catch-processing equipments and illustration of hygiene 
    management;
(7) Self-inspection sheets of the European Union registered 
    distant water fishing vessels;
(8) Attachments (please number pages in accordance with the 
    following sequence) 
   i.  Photos of catch-processing equipments;
   ii. Monitoring record of fish hold temperature of the latest 
       trip. Any distant water fishing vessel newly installed with 
       a temperature recorder shall submit a testing record of its 
       freezer equipments;
   iii. Plans of Hygiene Management and Hazard Analysis and 
        Critical Control Points (HACCP);
   iv.  Others.

Upon receiving applications from fishery operators, Fisheries 
Agency of this Council or the designated authority shall complete 
the document review within fifteen days and inform fishery 
operators to arrange on-board inspection. Where there’s any error 
in the submitted information or certificates are not in conformity 
with requirements, Fisheries Agency of this Council or the 
designated authority shall notify fishery operators to submit 
relevant supplementary document(s) within required timeframe. The 
application shall be rejected if no supplementary document(s) is 
submitted within required timeframe.

The distant water fishery organization referred to in paragraph 1 
shall be proclaimed and designated by Fisheries Agency of this 
Council.


Article 6
Fisheries Agency of this Council or the designated authority shall 
conduct on-board inspection within fifteen days after distant 
water fishing vessels applying for registration have passed the 
document review.

Criteria for on-board inspection are listed in Appendix 3 and 
shall include the item of interview with captains.


Article 7
Upon completion of on-board inspection, Fisheries Agency of this 
Council or the designated authority shall inform fishery operators 
of the result in written within seven days. Where there is 
disagreement with the result, Fisheries Agency of this Council may 
invite authorities concerned, scholars and experts to establish a 
Review Committee for re-examination. Upon reaching the conclusion 
of re-examination, Fisheries Agency of this Council shall inform 
fishery operators in written within seven days.  
 
Fisheries Agency of this Council shall compile distant water 
fishing vessels that pass the hygiene inspection as lists and 
forward to the Bureau of Standards, Metrology and Inspection of 
Ministry of Economic Affairs for submission to the European Union 
for registration as approved distant water fishing vessels 
exporting catch to the European Union. For distant fishing vessels 
that fail the on-board hygiene inspection, fishery operators of 
such vessels may improve deficiencies and apply for re-evaluation 
within three months upon the receipt of notification of failure. 
Fisheries Agency of this Council or the designated authority shall 
arrange on-board re-evaluation within fifteen days upon the 
receipt of applications from fishery operators. In the event of 
failing re-evaluation, fishery operators shall re-submit 
applications in accordance with Article 5.


Article 8
The registration is valid for five years. Fishery operators shall 
re-apply for hygiene inspection within six months before the date 
the registration expires in accordance with Article 5.

Any European Union registered distant water fishing vessels shall 
undertake triennial follow-up hygiene inspection after the date it 
passed the hygiene inspection. If deemed necessary, the frequency 
of triennial follow-up hygiene inspection may be increased. The 
principle items of triennial follow-up hygiene inspection are 
hygiene maintenance (as shown in Appendix 4). Where a European 
Union registered distant water fishing vessel fails the triennial 
follow-up hygiene inspection, its fishery operator may apply for 
re-evaluation within three months upon the receipt of notification 
of failure. Fisheries Agency of this Council or the designated 
authority shall arrange on-board re-evaluation within fifteen days 
upon receipt of application from the fishery operator.

For any European Union registered distant water fishing vessel 
that fails the triennial follow-up hygiene inspection, its fishery 
operator shall re-apply in accordance with Article 5.  


Article 9
Captains of distant water fishing vessels applying for 
registration shall receive a minimum of 12-hour hygiene training 
from Fisheries Agency of this Council or the designated authority. 
Hygiene training shall include relevant regulations of the 
European Union, items for fishing vessel hygiene inspection, 

hygiene management of catch, and notes for signing the Captain 
Declaration.


Article 10
Captains who passed hygiene training shall be issued certificates 
with the validity of five years by Fisheries Agency of this 
Council. Fisheries Agency shall also file qualified captains’ 
signatures.

Within the validity of captains’ certificates, Fisheries Agency 
of this Council or the designated authority may conduct training 
in latest hygiene management regulations by correspondence for the 
needs of hygiene management.

Captains shall apply to Fisheries Agency of this Council or the 
designated authority for re-training within six months before the 
validity of certificates expires. The re-training shall be for a 
minimum of six hours, and certificates shall be renewed for 
captains who pass the re-training.


Article 11
Fisheries Agency of this Council may authorize trained and 
qualified captains to verify whether distant water fishing vessels 
on which the captains are employed and the catch comply with 
regulations of the European Union, in accordance with the 
Checklist for Captain Declaration (as shown in Appendix 5), so as 
to sign and issue the Captain Declaration (as shown in Appendix 
6). The Captain Declaration shall be signed and written in 
triplicate.

The list of the authorized captains as referred to in the 
preceding paragraph shall be proclaimed by Fisheries Agency of 
this Council.


Article 12
In case of any of the following circumstances, captains of the 
European Union registered distant water fishing vessels shall not 
sign and issue the Captain Declaration.
(1) Captains do not receive training pursuant to Article 10;
(2) Catch temperature during fishing operation is not in 
      compliance with regulations of the European Union;
(3) Environment of fishing vessel is contaminated during 
      fishing operation;
(4) Catch is not harvested by the fishing vessel on which the 
      captain is employed.

In the event that any captain signs and issues the Captain 
Declaration without complying with these directions and the non-
compliance is considered as severe, Fisheries Agency of this 
Council may request the Bureau of Standards, Metrology and 
Inspection of Ministry of Economic Affairs to notify the European 
Union.


Article 13
In case of any of the following circumstances, Fisheries Agency of 
this Council shall request the Bureau of Standards, Metrology and 
Inspection of Ministry of Economic Affairs to notify the European 
Union to delete the fishing vessel from the list of European Union 
registered distant water fishing vessels.
(1) Fishery operators apply for hygiene inspection with forged 
      documents;
(2) Fishery operators do not re-apply for hygiene inspection 
      or fail to pass the triennial follow-up hygiene inspection 
      pursuant to Article 8, except for fishing vessels that are 
      under re-evaluation; 
(3) Fishery operators fail to take corrective actions for 
      catch that has been verified as non-conformity to the 
      hygiene regulations of the European Union, and the non-
      conformity is considered as severe;
(4) Loss of fishing vessel;
(5) Fishery operators do not submit relevant information 
      pertaining to hygiene of catch pursuant to these directions.


Article 14
Distant water fishing vessels whose registrations are being 
deleted by the European Union may re-apply for hygiene inspection 
one year after the date that the Bureau of Standards, Metrology 
and Inspection of Ministry of Economic Affairs notify the European 
Union for deletion.

Captains who are being notified to the European Union by the 
Bureau of Standards, Metrology and Inspection of Ministry of 
Economic Affairs as not qualified to issue the Captain Declaration 
may re-apply for training 3 years after the date of notification.


Article 15
For any European Union registered distant water fishing vessel, if 
there is any change of its information, fishery operator and 
vessel name, the fishery operator shall submit certification 
document of such changes to Fisheries Agency of this Council.

In the event that the change of information in the preceding 
paragraph is related to the registration of the European Union, 
Fisheries Agency of this Council shall forward to the Bureau of 
Standards, Metrology and Inspection of Ministry of Economic 
Affairs for notification to the European Union.


Article 16
Fishery operators shall submit or fax the sales information lot by 
lot within seven days after the catch of European Union registered 
distant water fishing vessel are exported to the European Union.

Captains shall submit records of fishing vessels temperature of 
each voyage to fishery operators for filing. Such records shall be 
the ground for future hygiene inspection and triennial follow-up 
hygiene inspection.


Article 17
In the event that catch of European Union registered distant water 
fishing vessel are exported to non European Union regions, the 
hygiene inspection of fishing vessels, training of captains and 
the issue of the Captain Declaration may be conducted in 
accordance with theses directions.


Article 18
(Repealed.)


Article 19
In the event that catch of distant water fishing vessels are sold 
to processing plants that export fishery products to the European 
Union, the Sale Record of Catch Exported to the European Union (as 
show in Appendix 7) shall be submitted to fish trade agents, 
processing plants exporting fishery products to the European 
Union, and the Bureau of Standards, Metrology and Inspection of 
Ministry of Economic Affairs in sequence.  


Article 20
For catch of distant water fishing vessels directly stored in 
frozen warehouses and then loaded in containers or directly loaded 
in containers for exportation to the European Union, fishery 
operators shall notify Fisheries Agency of this Council ten days 
before such catch are transported to the Republic of China and 
submit records of catch temperature to Fisheries Agency of this 
Council to forward to the Bureau of Standards, Metrology and 
Inspection of Ministry of Economic Affairs for conducting 
inspection of catch and issue of hygiene certificates.

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