. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/TPKM/24 
21 September 2005 
 (05-4184) 
Committee on Technical Barriers to Trade Original:   English 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   THE SEPARATE CUSTOMS TERRITORY OF 
TAIWAN, PENGHU, KINMEN AND MATSU  
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:         
Bureau of Health Promotion 
Department of Health No. 2, Chang-Ching St. Shin-Juang City 
Taipei 242 
Taiwan  
Tel.:  (+886 2) 2 997 8616 ext. 451 
Fax:  (+886 2) 2 994 1124  E-mail:  yiling@bhp.doh.gov.tw 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [ X ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Tobacco and 
manufactured tobacco substitutes (HS: Section IV Chapter 24) 
5. Title, number of pages and langua ge(s) of the notified document:   Draft Amendments of 
the Tobacco Hazards Prevention Act (25 pages, in Chinese, English translation available) 
6. Description of content:   The amendments are proposed to take into account principles of 
the WHO Framework Convention on Tobacco Cont rol.  The proposed text contains eight 
chapters, thirty-seven articles, of which the main elements are described below: 
1. To change the legal basis for collecting the tobacco surcharge to  the Tobacco Hazards 
Prevention Act, instead of the Tobacco and Alcohol Tax Act, and to establish a 
mechanism for determining the rate of surcharges to ensure their adequacy; 
2. To extend the scope of restrictions on th e sale of tobacco products so as to prevent 
children and youths from getting access to tobacco selling channels; 
3. To strengthen the control over tobacc o products, brand name s and tobacco product 
containers and to require reporting and publicizing of the contents, additives and 
emissions of tobacco products; 
4. To expand the list of prohibited activiti es regarding advertising and promotion of 
tobacco products, to strengthen the contro l on the sales points of tobacco products and 
the way of display; G/TBT/N/TPKM/24 
Page 2  
 
 5. To prohibit pregnant women from smoki ng, impose responsibility of parents and 
guardians, and prohibit the manufacturing, impor tation or sale of tobacco products with 
the appearance of candies or toys; 
6. To expand places where smoking is prohib ited, stipulate conditions for setting up 
smoking rooms, and impose duties on owners and workers of the smoking-prohibited 
places to stop people therein from smoking; 
7. To amend types of violations and their respective ranges of administrative fines; and 
8. To provide a transitional period for the manufacturing, importation or sale of tobacco 
products of which the brands exist before the enactment of this proposed amendment 
and do not comply with the provisi on of Paragraph 1, Article 6. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
To protect and promote public health, as well as to comply with international norm in 
stricter control over tobacco products 
8. Relevant documents:   WHO Framework Convention on Tobacco Control (entered into 
force on 27 February 2005);  final version of  the proposed amendments would be available 
at: 
http://www.bhp.doh.gov.tw/BHP/do/english  when they are approved by legislators. 
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
6 months after adoption 
10. Final date for comments:   60 days from the date of notification 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Bureau of Health Promotion 
Department of Health No. 2, Chang-Ching St. Shin-Juang City Taipei 242 Taiwan  
Tel.:  (+886 2) 29978616 ext. 451 
Fax:  (+886 2) 29941124  E-mail:  yiling@bhp.doh.gov.tw  
Chinese description available at: http://www.bsmi.gov.tw/upload/b05/TBT/notif icati/ROC/TobaccoHazardsPreventionActC.
pdf 
English translation available at : 
http://www.bsmi.gov.tw/upload/b05/TBT/notif icati/ROC/TobaccoHazardsPreventionActE.
pdf