News

Ministry Announces Draft Amendment to Article 35-1 of the General Waste Recycling, Clearance and Disposal Regulations

Published:

The Ministry of Environment announced a draft amendment to Article 35-1 of the regulations governing general waste recycling, clearance and disposal. For permits to export used cooking oil classified as general waste, the amendment would explicitly require consent documents issued by the competent authority of the receiving country to be submitted on paper, excluding the application of provisions on electronic documents and electronic signatures under the Electronic Signatures Act.

The Environmental Management Administration (EMA), Ministry of Environment (opens in a new window) explained that the amendment responds to Article 11, paragraph 1, of the Electronic Signatures Act as amended on May 15, 2024. That provision allows the use of electronic signatures to be excluded by law where an application must be made in writing. Under Article 35-1 of the waste regulations, public and private waste clearance organizations applying to export used cooking oil classified as general waste must provide documentation from the receiving country's competent authority confirming consent to import or that the import is not restricted. In practice, these documents are predominantly issued on paper, and their authenticity is checked through procedures that rely heavily on paper-based notarization, authentication and verification. Other verification methods cannot readily replace these procedures, so paper submissions remain necessary. The proposed amendment would therefore exclude electronic documents and electronic signatures for these applications.

Supporting information is available in the attachment to this news release or from the Executive Yuan Gazette website (opens in a new window). Members of the public are welcome to submit comments or proposed revisions within 30 days beginning on the day after publication of the notice.

Related attachment: Draft amendment to Article 35-1: explanatory memorandum and comparison of provisions (PDF, in Chinese) (opens in a new window)

Source: Environmental Management Administration, Ministry of Environment