Legislative: |
1.Approved and promulgated by the Ministry of Economic Affairs on September 27, 1947. 2.Amended and promulgated by the Ministry of Economic Affairs on September 2, 1955. 3.Amended and promulgated by the Ministry of Economic Affairs on June 1, 1972. 4.Amended and promulgated by the Ministry of Economic Affairs on April 27, 1978. 5.Amended and promulgated by the Ministry of Economic Affairs on December 16, 1991. 6.Amended and promulgated by the Ministry of Economic Affairs on August 16, 1995. 7.Amended and promulgated by the Ministry of Economic Affairs on September 4, 1996. 8.Amended and promulgated by the Ministry of Economic Affairs on August 26, 1998. 9.Amended and promulgated by the Ministry of Economic Affairs on October 26, 2005. 10.Amended and promulgated by the Ministry of Economic Affairs on April 4, 2007 11.Amended and promulgated by the Ministry of Economic Affairs on December 7, 2010 12.Amended and promulgated by the Ministry of Economic Affairs on December 5, 2011 |
Content: |
Article 1
These regulations are established in accordance with Paragraph 2, Article 7 of the Standards Act.
Article 2
Any person, legal entity, government agency or organization may submit a proposal to the government agency in
charge of standards (hereinafter referred to as the “standards authority”) for the establishment, amendment,
or rescission of national standards.
The aforementioned proposal shall be made by preparing a written proposal for national standards, and a proposed
draft of standards and technical specifications or standards applied domestically or in foreign countries may
be attached. The same applies to that proposed by the standards authority.
The contents of the proposal for national standards shall include the following items:
1.heading and title;
2.scope;
3.objectives and reasons;
4.supporting information and documentation;
5.organizations or institutions that can provide assistance and assistant items; and
6.interested parties.
In case of any nonconformity with the contents of items listed in the preceding paragraph, the standards
authority shall notify the party concerned for rectification within a specified time limit. Should the party
fail to rectify according to relevant regulations, the proposal for national standards will be remarked as
with the nonconformity.
Article 3
The proposal for national standards shall be provided in the official language of this Country, and any
technical terms translated from a foreign language may include their original texts. If the proposal was
originally made in a foreign language, the original version shall also be provided.
Where the translation of technical terms have been stipulated in national standards, that translation shall
be used. Where the translation does not exist in national standards, the one used by the National Academy
for Educational Research shall be used.
Article 4
Any proposals for national standards shall be reviewed by the National Standards Review Council (hereinafter
referred to as the “Review Council”), and the party who submitted the proposal shall be notified of the
results of the review.
The headings of the proposals for establishment, amendment, or rescission of national standards, adopted by
the Review Council shall be announced by the standards authority.
Article 5
The proposed draft for the establishment or amendment of national standards in the preceding Article shall
be prepared by the standards authority.
The draft preparation of national standards mentioned in the preceding paragraph may be delegated to the
National Standards Technical Committees (hereinafter referred to as the “Technical Committees”) or be
provided by the competent governmental institutes. The standards authority may entrust other governmental
institutions, legal entities, non-profit organizations or institutes or experts to conduct proposal draft,
solicit comments, compile soliciting comments, and amend the national standards draft.
Article 6
The draft preparation of national standards shall be referred to the following items in addition to the
proposal for national standards:
1.proposed draft of national standards;
2.technical specifications or standards applied domestically or in foreign countries;
3.comments from domestic and foreign production and manufacturing, public institution, and academia;
4.the situation of domestic production, manufacturing and consumption; and
5.scientific and technical information those are available.
During the course of draft preparation for national standards, where relevant international standards and
the international standards concerned exist or their completion is imminent, all or relevant part of them
shall be used as the basis of drafting national standards, except where those standards would not conform
the purpose for establishment or amendment of national standards.
Article 7
In the process of preparing draft of national standards, on-site investigation and survey or testing, if
needed, may be arranged.
Such on-site investigation and survey or testing may be entrusted to other governmental institutes,
organizations or experts.
Article 8
(Deleted)
Article 9
The standards authority shall solicit comments from interested parties, members of the Technical Committees
and Review Council, experts, industries,government bodies, institutions, and educational institutes,
once the national standards draft has been prepared.
In respect of the individual notice and public announcement, the commenting period shall not be less
than sixty (60) days. The commenting period may be shortened in case of actual or potential emergencies
involved in public safety, health or environment.
Article 10
The comments solicited according to the preceding Article shall be compiled by the standards authority with
the following recorded items:
1.the name of committee members or organizations presenting no comments;
2.the overall general comments;
3.the comments on specific subjects, sections or paragraphs, and contents.
Article 11
The national standards draft shall be reviewed by the relevant Technical Committee.
The review shall be conducted by reference to the compilation of review comments and related documentation,
and considered to achieve the following objectives from the aspect of technology:
1.to reflect the domestic production capability and technological level;
2.to improve quality of products and enhance production efficiency;
3.to maintain a rational balance between production, use and consumption;
4.to conform to relevant international standards; and
5.to establish the standards based on requirements in terms of performance rather than design or descriptive
characteristics.
When reviewing as described in the first Paragraph, the standards authority shall invite persons concerned as
referred in paragraph 1 of Article 9 for stating their views and opinions.
The national standards drafts passed in reviews of the Technical Committee shall be prepared in the form of
national standards review drafts. In case that the drafts fail to pass the review, they shall be revised and
prepared as new ones for further review, or be processed for soliciting comments and reviews in accordance
with the previous 2 articles and previous paragraphs of the article.
The standards authority shall prepare an excerpt outlining the background of the national standards proposals,
the review process and the results of the review.
Article 12
Under any of the following conditions found by the Review Council, the standards authority may terminate the
establishment or amendment of national standards:
1.The proposals for the establishment or amendment of national standards, adopted by the Review Council, are
unable to be included in the draft of national standards.
2.The national standards draft fails in the review of the Technical Committee, and cannot be revised, or be
passed in the review of the Technical Committee within 2 years since the day it was sent to the Technical
Committee for review.
The proposals for establishment or amendment of national standards, abandoned due to the above procedure,
shall be notified to the proposal holders.
Article 13
The national standards review drafts shall be finally reviewed by the Review Council with reference to the
excerpt of review and relevant documentation.
Committees of the Review Council may be invited to describe the reviewing items for the review stipulated
in the previous paragraph. Only can editorial corrections be applied except for matters concerning technical
items that are found self-contradictory in contents or conflicting with the policies, acts, or other
regulations or national standards, which shall be sent to the Technical Committee for review.
The draft of national standards passed in the review, shall be granted with CNS symbol and general numbers,
and compiled to the final draft of national standards. Where the draft of national standards fails to pass
the review, it shall be returned to the Technical Committee for review along with the conclusions from such
final review.
Article 14
The standards authority shall submit the final draft of national standards to the Ministry of Economic
Affairs (MOEA) for approval and promulgation as the ROC national standards.
The title of the promulgated standards referred in the previous paragraph shall be announced in the Official
Gazette: Standards and notified the proposal holder.
Any standards not undergoing the announcement procedure in the first Paragraph shall be named National
Standards of the Republic of China (CNS) upon its promulgation.
Article 15
In case of any of the following situations, the standards authority may amend the contents of national
standards in a corrigendum and announce the amendment in the Official Gazette: Standards:
1.typographical errors
2.misprinting of numbers
3.other reasons that do not affect substantive content of the standards.
Article 16
The proposal for rescission of national standards, adopted through the review of the Review Council, may be
applied to regulations stipulated from Article 9 to Article 14 for rescission.
In the event that certain national standards are integrated with or covered by other national standards
through reviews of the Technical Committee, those national standards may be submitted to the Review Council
for review and approval of rescission.
For the rescission through the above 2 paragraphs, the national standards authority shall submit the national
standards to the Ministry of Economic Affairs (MOEA) for approval and promulgation, and announce the title of
national standards in the Official Gazette: Standards.
Article 17
The standards authority shall announce for soliciting comments on amending or rescinding national standards
since fulfilling five (5) years following the day of their promulgation of adoption or amendment. Where no
comments are received, the national standards at issue shall be submitted to the Review Council for
confirmation and be published by the standards authority. Where comments are received, the national standards
shall be amended or rescinded in accordance with the provisions set forth from Article 4 to Article 16.
The same shall also apply to the national standards confirmed five (5) years following the promulgation
date of confirmation.
The comments mentioned in the preceding paragraph shall be presented within thirty (30) days after the day
of solicitation announcement in the Official Gazette: Standards.
Article 18
These regulations shall come into effect from the date of promulgation.
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