Exporte nach Taiwan

Leider konnte noch kein bilaterales Abkommen zwischen der EU Kommission und Taiwan geschlossen werden.
Da LACON auch keine Kontrollstelle in Taiwan ist, können wir ab dem 1.Juni keine Transaction Certificates für Taiwan mehr ausstellen.
Wir bitten die Wirtschaftsbeteiligten, ggf. über Ihre Interessenvertretungen bei der KOM vorstellig zu werden, um ein bilaterales Gleichwertigkeitsabkommen beschleunigen zu helfen.
Wir verweisen auf das unten angefügte Schreiben der DG Agri hierzu.

(Stand 04.06.2020)

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Von: AGRI-B4@ec.europa.eu <AGRI-B4@ec.europa.eu>

„Videconference (VDC) between the DG AGRI and the European Economic Trade Office (EETO) and Taiwan Agriculture and Food Agency and the Bureau of Foreign Trade (BoFT). 8/05/2020

COM requested a VDC with Taiwanese authorities AFA and BoT, in order to find out the best solution to overcome trade disruption, at the end of the grace period, 2 years, following the entry into application of the Taiwanese organic bill in 2018. On May 30, unilateral recognition from the TW side of the 16 MS, will in fact, expire (see the background below).

In a letter sent in March by the EETO to the Vice-Minister Chen, two bridging solution (listed below) for the purpose of overcoming the end of the unilateral equivalence were proposed, also in the light of current lockdown measures in place due to the COVID_19 pandemic. Following talks with the sector, a third option aroused and was also put on the table.

The purpose of the VDC today was to explore the feasibility of such bridging solutions. Proposed solutions were:

• the possibility of recognizing European Control bodies, through a temporary acceptance of their accreditation, done by an accreditation body recognized by the International Accreditation Federation.
• the possibility of signing joint ventures between EU and TW control bodies, the former would carry out the control on the territory, while the TW would be responsible of signing the certification.
• the recognition by the Taiwanese Council of Agriculture of European accreditation bodies as authorized to accredit CB for the purpose of exports of European products to Taiwan.

TW reiterated its position on an equivalent bilateral recognition as the best way forward.
The COM replied that although it acknowledged the importance of bilateral recognitions, since 2014 the arrangement between administrations are not allowed anymore. The Commission can, in fact, only sign fully fledged trade agreements.

Conclusions- The solution based on the temporary recognition of the CB based on their European accreditation was discarded (the first of the list above). However:

TW authorities confirmed that they will accept the joint ventures between European Control Bodies and Taiwanese control bodies recognized for the purpose of certifying products in the EU. Currently there are two TW CB’s that comply with this requirement: Tse-Xin Organic Certification Corporation (http://www.tw-toc.com/en) and EcoGarden (http://www.eco-garden.com.tw) . Apparently there is already an EU CB that has taken contacts with EcoGarden. The European CB would be responsible for the control of the operators on the EU territory, while the certificate would be signed by the TW counterpart. The EU CB interested in such a solution should therefore take contacts with the above mentioned CB’s, to establish the relations, and also request the training to be able to certify according to the TW standards. However, certain compulsory training could be already be recognized as valid for the purpose for the TW standards.
TW authorities also confirmed that it is possible for EU accreditation bodies to apply as an accreditor in TW. This would allow an European accreditor, to recognize the CB’s on its territory. However the TW authorities request the dossier to be submitted in Mandarin and that the accreditation body has a legal entity established in Taiwan, in case sanctions and penalties. TW provided a contact point of an AFA officer who will work as a liaison with the CoA, eventually the responsible of the recognition of the CB. They however also stated that the whole procedure could be quite lengthy.

Agriculture and Food Agency, Council of Agriculture, Executive Yuan
Address: No.8 Guang-hwa Rd., Nantou county 54044

Contact window:
Ms Hsiu-Hui Wang
Specialist
Organic Farming Section
Farm Chemicals & Machinery Division
AGRICULTURE & FOOD AGENCY
COUNCIL OF AGRICULTURE, EXECUTIVE YUAN
Tel: 886-49-233-2380 #2429
Fax: 886-49-234-1092
e-mail:hsiuhui@mail.afa.gov.tw

Of course the recognition of the European CB by the Taiwanese accreditation forum (TAF), as per the current organic bill, remains valid. Also in this case the application shall be presented in Mandarin and the whole procedure will take between 10 to 12 months.

Background
The Taiwanese bill foresees two alternative systems to authorize the imports into the Taiwanese market of organic products: whether a mutual recognition arrangement between Taiwan and the third country (a trade agreement in practical terms, , unfeasible, for the reasons already discussed many times), or a CB system recognized by the Taiwanese authorities to certify producers in third countries, on the model of the European System but with lengthy accreditation procedures.
For the purpose of setting up the CB system, the Taiwanese accreditation published the procedures to accredit Control Bodies, quite late in October 2019 and domestic CBs were prioritized.
What makes the system burdensome is that any CB (including European) has to be accredited by the Taiwanese accreditation office. The request of accreditation should be compiled in mandarin, the accreditation body should be pay a visit to the CB, therefore from Taiwan to all the interested CB in the EU, which is now even more complicated due to the COVID emergency that is imposing travel bans all over the world. However, even in normal times, the accreditation procedure would last around one year, therefore the would not be enough time to ensure a smooth continuation imports of European organic products into Taiwan.“