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Responsible Enterprise Regulated Recyclable Waste Management Regulations Amended

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The Responsible Enterprise Regulated Recyclable Waste Management Regulations have gone through three revisions since being promulgated and were last updated in the end of 2011. Since most of the enterprises responsible for recycling are small-scale companies, the EPA has drafted the amendments to simplify the fee payment procedure for the convenience of responsible enterprises.

The EPA points out that there are currently more than 36,000 registered responsible enterprises, among which 90% pay less than NT$100,000 of annual recycling fees. Considering that smaller responsible enterprises usually pay lower fees, the EPA has proposed amendments to simplify the payment procedure of recycling, clearance, and disposal fees to reduce interference in their business operation. According to the current regulations, the fee rate is decided based on the operating or import volume regularly reported by the enterprises. In the amendments, the EPA has added a new stipulation that exempts small-scale responsible enterprises from regular reports, in which case the operating or import volume will be assessed, designated and provided by competent authorities.

Corresponding to technology and the internet's advances, parts of the regulations were also reviewed and updated. For example, data and application can now be submitted online.

The main points of the amendments are as follows:

1. Responsible enterprises that have already been registered in compliance with the Company Act, the Business Registration Act, and the Value-added and Non-value-added Business Tax Act, and their company information is accessible as public information provided by the Ministry of Economic Affairs or the Ministry of Finance, are exempt from submitting the information.

2. Photocopies of relevant company or commercial registration documents or identification documents issued by the industry competent authority are no longer required when enterprises apply for the cancellation of the responsible enterprise registration. In addition, documents regarding the payment of recycling, clearance, and disposal fees will be provided by the custodian bank of the Resource Recycling Fund and, therefore, will no longer be required.

The operating or import volume shall be reported online. Specifics will be stipulated in newly added clauses.

3. Operating or import volume criteria and calculating methods were added for small-scale responsible enterprises eligible to pay recycling, clearance and disposal fees using the EPA designated rates. Payment will be exempt if the calculated fee is under NT$100. A 5% discount on the fees will also be given after using the designated volume for 1.5 years. 

4. Guidelines are added for when enterprises using the designated operating or import volume experience significant operation changes or when industry competent authorities find the enterprises underreport the volume.

5. The annual declaration application should be submitted with the declaration form and payment proof was deleted, the related procedures can be applied online instead.

6. After obtaining the approval of competent authorities, fees over NT$100,000 can be paid in installments.

7. Responsible enterprises who have accidentally or intentionally underreported the operating volume shall be punished based on the Regulations for Determination of Fines for Violations of the Waste Disposal Act.

8. Responsible enterprises not eligible to make payments based on the designated ratio shall report data on operation and import value and pay the fees within the deadline given by competent authorities.

Excerpt from Environmental Policy Monthly, 23 (2)

Source: 
Ministry of Environment
Published: 
2020-02-29
Updated: 
2020-10-29