The Cabinet Office, government of Japan ＞ Top page of OTO ＞ Reorganization of the Office of the Trade and Investment Ombudsman
(Provisional Translation)
Follow-up to the Report of the Market Access Ombudsman Council
June 5, 1995
Office of Market Access
The following is a report on the status of measures taken by the government following the "Report of the Market Access Ombudsman Council Recommendations on Market Opening Measures Relating to Standards, Certifications and Others" compiled on May 13, 1994.
1. Food, Sanitation, Health Care and Related Areas
1-(1) International Harmonization of JAS Standards for Grape Juice Concentrate
1-(2) Improvement of the Plant Quarantine System
1-(3) Simplifying Inspection Procedures for Dairy Products and Accepting Foreign Inspection Data
1-(4) Japan-New Zealand Harmonization of Testing Methods for Prepared Edible Fat (PEF)
1-(5) Improvement of Imported Food Inspection Procedures to Adopt the Australian Inspection System and to Expand Inspection Service for Fresh Foods, Especially at Local Airports
1-(6) Type Approval of Reverse Osmosis Drinking Water Treatment System by the Japan Water Works Association
1-(7) Relaxing Restrictions on Imports of Cosmetics and Perfumes
2. Manufacturing and Related Areas
2-(1) Relaxing Standards for Care Labelling for Clothing
2-(2) Improvement of JAS Standards for Radiata Pine
2-(3) Abolition of Possession Licenses Based on the Guns and Swords Law for Automated Nailers Using Gas Explosive Power
2-(4) Harmonization With U.S. Standards Concerning Refrigerant Recovery Equipment and Approval of Use of Alternative Refrigerants
2-(5) Harmonization of Motorized Wheelchair Standards with International Standards
3. Transportation and Traffic
3-(1) Internationalization of Regulations for Automobiles and Auto Parts and Acceptance of Foreign Test Data
3-(2) Relaxing Domestic Regulations on Batteries for Electric Vehicles
3-(3) Relaxing Regulations Concerning Motorcycles
3-(4) Early Establishment of Domestic Standards Based on International Standards for Aluminum Car Ferries
4. Construction and Related Areas
4-(1) International Harmonization of Fireproof Property Test for Steel Structures
4-(2) International Harmonization of Certification System for Wallpapers (Interior Materials)
4-(3) Relaxing Testing and Certification Requirements for Buildings with Unique Two-story Structure
5. Import Procedures, Etc.
5-(1) Simplifying Procedures for Return Export of Strategic Commodities
5-(2) Improvement of the JIS Yearbook and Enhancement of Harmonization between JIS and International Standards
1. Food, Sanitation, Health Care and Related Areas
1-(1) International Harmonization of JAS Standards for Grape Juice Concentrate
1. Complainants:Australia and New Zealand Chamber of Commerce, Australian Embassy
2. Ministry concerned:Ministry of Agriculture, Forestry and Fisheries
3. Results of deliberation in report:
The necessary measures will be taken to amend the JAS standards for grope juice concentrate to cover white grape juice as well.
4. Measures taken:
Where JAS standards for grape juice are concerned, in order to cover white grape juice, the JAS standards for fruit juices were amended (announced in October 1994 and implemented in November 1994) to include a standard index for juice extracted from white grapes, in addition to the standard index for grape juice under the standard so far.
1-(2) Improvement of the Plant Quarantine System
1. Complainants:Australia and New Zealand Chamber of Commerce, French Embassy, Australian Embassy, Embassy of Colombia
2. Ministry concerned:Ministry of Agriculture, Forestry and Fisheries
3. Results of deliberation in report:
Plant protection measures should be confined in scope to those designed to prevent the entry of harmful pests into Japan, and clear explanations based on scientific principles should be given for the ground for each measure and of the inspection procedures required. Conditions for making improvements will be clarified and discussed, and conclusions will be reached promptly.
4. Measures taken:
See the respective issues.
[Respective issues]
(1) Handling of harmful pests during import inspection
3. Results of deliberation in report:
Leaving to the future the issue of distinguishing as far as possible harmful pests requiring or not requiring quarantine, methods for proving the existence in Japan of pests of the same biotype as those in question in the following complaints will be developed and Japan will actively participate in the work of creating guidelines for pest risk analysis which the Secretariat of the International Plant Protection Convention (IPPC) is currently drawing up.
* Two-spotted spider mite found on New Zealand kiwi fruit
* Pests found on New Zealand asparagus and on Australian cut flowers (Information concerning specific pests will be provided by the quarantine authorities in the exporting countries. Specimen sampling methods and specimen size when quarantine inspection is carried out will be provided based on the complainant's request.)
4. Measures taken:
Committee members were dispatched to the Committee of Experts on Phytosanitary Measures (CEPM) of the United Nations' Food and Agriculture Organization (FAO) in May 1994 and May 1995. Proposed standards for plant inspection measures were discussed at these meetings. Staff from the ministry concerned also attended meetings of the working group to develop guidelines for pest risk analysis in August 1994 and March 1995, and plans further active participation in meetings of both bodies.
Specimens of two-spotted spider mite found on New Zealand kiwi fruit were provided in April 1995 and preparations are being made to test their comparative resistance to drugs.
Regarding pests found on New Zealand asparagus and on Australian cut flowers, appropriate measures will be taken when information concerning specific pests is received from the countries involved.
(2) Lifting an import ban of prohibited plants.
>3. Results of deliberation in report:
Specific information on the conditions and procedures necessary for lifting import bans will be provided and the following measures will be adopted.
* Regarding French apples, at France's request to lift the ban, technical studies by French and Japanese experts will be carried out promptly.
* Regarding Australian apples, arrangements to lift the ban will be taken promptly after results of additional experiments carried out by Australia are received. Regarding Australian mangoes, after final agreement regarding inspection measures is reached at a plant quarantine experts' meeting with Australia, arrangements to lift the ban will be made promptly.
* Regarding Colombian pitaya, Japan will actively carry out technical cooperation including training for Colombian experts in Japan. For other fruits, specific requests from Colombia will be awaited and the matter of whether to allow importation after vapor heat treatment will be discussed at experts' meetings and so on.
4. Measures taken:
Regarding French apples, an experts' meeting was held in May 1994 and agreement was reached regarding the experiments which France should carry out. France is currently carrying out pesticide experiments, and technical evaluation will begin once experiment data are submitted.
For Australian apples, Australia provided additional experiment data in October 1994, but the scale of the experiments was too small to prove that Codling moths present on apples were completely eliminated and accordingly, safety could not be evaluated. Additional experiment data were submitted in April 1995, which are currently being subjected to technical evaluation. Regarding Australian mangoes, it was determined that there were no problems with Australia's inspection system, and the import ban was lifted in October 1994 on condition, among others, that vapor heat treatment be carried out.
Regarding Colombian pitaya fruit, three Colombian experts were trained in Japan in May 1994. In April 1995, Japanese experts were dispatched to Colombia to study conditions relating to technical cooperation for vapor heat treatment for Mediterranean fruit fly disinfestation. Policies for effective technical cooperation will be drawn up based on the results of this study. For other fruits, specific requests from Colombia will be awaited and the matter of whether to allow importation will be studied.
(3) Designation of Fruit Fly Area Freedom
3. Results of deliberation in report:
Regarding expansion of areas designated as free of fruit flies, a matter raised by Australia, the Australian authorities will provide detailed data and the necessary verification will be carried out promptly, employing study results which the United States and others used when approving this matter.
4. Measures taken:
In July 1994, the Australian authorities provided detailed data on the presence of Mediterranean fruit fly in Australia, conditions at fruit orchards which it was suggested be designated as fruit fly free, measures to be taken if fruit flies were detected, and so on. The study methods used when designation was approved by the U.S. are also being referred to and the matter is being studied comprehensively. Upon completion of technical evaluation, if it is determined that there is no problem with approving area freedom, agreement will be reached on the necessary inspection measures, hearings will be held, and arrangements will be made to revise the relevant laws.
(4) Cold disinfestation treatment
3. Results of deliberation in report:
Regarding checking by Japanese plant quarantine inspectors of Australian oranges and lemons which have undergone cold disinfestation treatment, measures to reduce the inspection burden will be studied and the matter will be coordinated among the relevant authorities.
4. Measures taken:
Cold disinfestation is a condition for lifting the ban on imports of Australian oranges and lemons. However, Japanese plants quarantine inspectors verifying the processing discovered cases where temperatures had not been properly recorded, and at the regular meeting for Japan-Australia plant inspection in September 1994, Japanese officials gave the Australian authorities specific examples and requested that cold disinfestation be carried out appropriately. Taking into both consideration improvements in carrying out cold disinfestation by Australia and the safety of inspections, the work sharing of inspection between Australian and Japanese plant quarantine inspectors will be studied, in order to lighten the inspection burden where verification of cold disinfestation is concerned.
(5) Pre-export quarantine system
3. Results of deliberation in report:
In response to a request from the Colombian government in April 1993 to introduce a pre-export quarantine system for Colombian cut flowers, Colombia and Japan exchanged documents describing each plant quarantine system in September 1993. Possibilities of introducing the system will be studied promptly.
4. Measures taken:
The study was continued subsequently through exchange of documents with Colombia in March and July of 1994. In March 1995, Japan presented final questions about whether there is a stable volume of exports year-round and regarding the system and organization of inspection facilities. If it can be ascertained whether these conditions can be met, a directive will be issued promptly concerning the items agreed to by Japan and Colombia and a pre-export quarantine system will be established in Colombia.
In order to ascertain the conditions when the system is established, based on Colombia's answers to the above questions, plant quarantine experts will be dispatched to Colombia to conduct a prior study for the pre-export quarantine system for cut flowers.
(6) Promoting understanding of Japan's systems
3. Results of deliberation in report:
The content of materials in English concerning Japan's system will be expanded to facilitate understanding.
4. Measures taken:
"Quarantine of Import Plants and Plant Products," information in English on the overall Japanese plant inspection system, was published in March 1995 and distributed to foreign embassies and legations embassies in Tokyo, etc., and will be distributed in the future as well.
1-(3) Simplifying Inspection Procedures for Dairy Products and Accepting Foreign Inspection Data
1. Complainant:Australian Embassy
2. Ministry concerned:Ministry of Agriculture, Forestry and Fisheries, Ministry of Health and Welfare
3. Results of deliberation in report:
(1) Foreign inspection data will be accepted for import inspections of designated dairy products as required under the Food Sanitation Law and delegated to the Japan Dairy Technical Association (JDTA) by the Livestock Industry Promotion Corporation (LIPC), under implementation of the Pre-certification System for Imported Foods.
(2) Regarding the possibility of accepting foreign inspection data for inspections carried out by the JDTA under the Law Concerning the Stabilization of Livestock Prices (Price Stability Law) and the Law Concerning Temporary Measures on Deficiency Payments for Manufacturing Milk Producers (Deficiency Payment Law), discussions will be held with the complainant as soon as possible and a conclusion reached at an early date.
(3) A detailed guidebook in English will be prepared on current inspection methods and criteria used by the JDTA. If a decision is made to accept foreign inspection data, the inspection criteria and methods will be explained clearly to the complainant.
(4) Regarding the Pre-certification System for Imported Foods (Registered Exporting Country Plant System) which was implemented earlier, applications for factories and foods which meet the specified conditions will be processed and registered promptly. The matter of using Australian Quarantine and Inspection Service (AQIS) registration data on such occasions will be studied.
4. Measures taken:
(1) The Pre-certification System for Imported Foods was introduced in March 1994. Information regarding the system was disseminated in February 1995 at the APEC Sub-Committee on Standards and Conformance meeting and at the workshop on import procedures for foods sponsored by the FAO held in Canberra and efforts were made to promote the use of this system. If written applications are received from exporting country governments, inspections will be carried out promptly, and if Japanese sanitary standards are met, the factories and foods in question will be registered and import inspection waived.
Accordingly, dairy products imported under this system will no longer require the current food sanitation inspections conducted by the JDTA.
(2) Discussions were held with Australian officials in Tokyo in July 1994 and with officials of Australian Dairy Corporation in Australia in February 1995. The Japanese ministries concerned explained that inspection items concerning solubility and other quality factors based on the Price Stability Law and the Deficiency Payment Law were not necessary from the viewpoint of customs clearance but were based on requests from users and were meaningful indices of checking deterioration of quality due to accidents during transport. It was agreed to continue discussions on commercial transactions in the future.
(3) An English guidebook describing the detail of current inspection criteria and methods used by JDTA was prepared, and this was distributed and explained to the Australian authorities in July 1994.
(4) See (1)
In addition, the use of AQIS data when registration is carried out will be studied when applications from Australia are studied.
1-(4) Japan-New Zealand Harmonization of Testing Methods for Prepared Edible Fat (PEF)
1. Complainant:Australia and New Zealand Chamber of Commerce
2. Ministry concerned:Ministry of Finance
3. Results of deliberation in report:
Discussions will be held promptly between Japanese and New Zealand officials to promote mutual understanding.
4. Measures taken:
In June 1994, discussions were held with the Tokyo office of the New Zealand Dairy Corporation and New Zealand Embassy officials at the Analyzing Center for Customs of the Ministry of Finance, and mutual verification of the analysis methods for PEF used by the two countries was carried out.
The New Zealand officials showed that they understood Japanese analysis methods adequately.
1-(5) Improvement of Imported Food Inspection Procedures to Adopt the Australian Inspection System and to Expand Inspection Service for Fresh Foods, Especially at Local Airports
1. Complainant:Australian Embassy
2. Ministry concerned:Ministry of Health and Welfare
3. Results of deliberation in report:
Under the Pre-certification System for Imported Foods, if the exporting country certifies that its facilities and foods meet the standards of the Food Sanitation Law, registration will be carried out based on this certification by the exporting country.
Regarding operating hours for inspection of imported foods at local airports, this matter will be handled appropriately if specific requests for improvement are received.
4. Measures taken:
After introduction of the Pre-certification System for Imported Foods in March 1994, information regarding the system was disseminated in February 1995 at the Standards Approval Subcommittee of the APEC meeting and at the workshop on import procedures for foods sponsored by the FAO held in Canberra and efforts were made to promote the use of this system. The ministry concerned will continue to explain the system to exporting countries and others, and will hold discussions with individual foreign governments to further promote the use of the system.
In March 1995, a food product (mineral water) was registered, following an application by the United States under the system.
If applications for registration are received from Australia, inspections will be carried out promptly, and if the standards of Japan's Food Sanitation Law are met, the factories and foods in question will be registered and import inspection waived. Regarding the use of inspection data from AQIS for registration, this will be studied if Australia specifically suggests this.
Regarding extension of operating hours for inspection of imported foods at local airports, given actual conditions of food imports, weekday hours at Nagoya were extended by three hours to 8 p.m. from April 1995 and a similar measure will be implemented at Fukuoka Airport from June 1995. Extending hours at other local airports will be studied based on food import conditions and staff available.
1-(6) Type Approval of Reverse Osmosis Drinking Water Treatment System by the Japan Water Works Association
1. Complainant:Embassy of the United States
2. Ministry concerned:Ministry of Health and Welfare
3. Results of deliberation in report:
(1) A decision on whether to grant type approval for a reverse osmosis drinking water treatment system will be reached promptly.
(2) Applications for type approval of water supply equipment should be handled appropriately and promptly, and improvement of the type approval system will be studied in the near future to respond quickly to technological innovation and the entry of new products on the market.
4. Measures taken:
(1) The Japan Water Works Association (JWWA) granted type approval for the reverse osmosis drinking water treatment system mentioned in this complaint in October 1994.
(2) Regarding improvements to the type approval system, a study committee on water supply equipment was established and studied the issue, and the committee directed the JWWA to take appropriate measures. As a result, where type approval application procedures and inspection methods are concerned, the JWWA undertook to accept type approval applications throughout the year and to simplify and streamline inspection by expanding the scope of the Secretariat's discretion and so on, in order to process applications promptly.
The Ministry of Health and Welfare will follow up on the measures instituted by the JWWA.
1-(7) Relaxing Restrictions on Imports of Cosmetics and Perfumes
1. Complainant:French Embassy
2. Ministry concerned:Ministry of Health and Welfare
3. Results of deliberation in report:
(1) Active measures will be taken to speed up procedures by introducing an application and examination system on floppy disk during FY 1995.
(2) The Central Pharmaceutical Affairs Council will conduct examination of whether to accept the use of ingredients made from formaldehyde as rapidly as possible.
4. Measures taken:
(1) Regarding approval and permission for pharmaceuticals, quasi-pharmaceuticals and cosmetics, the rules on the application of the Pharmaceutical Affairs Law were amended in February 1995 to permit applications to be made by floppy disk, in addition to the existing method of submitting applications on paper.
Information regarding this new application and examination system is being spread to local governments through meetings of section chiefs in charge of this matter. The businesses concerned are being notified, and information on the system is also being spread through meetings to explain procedures for application by floppy disk. To ensure smooth application of the system, local governments are being sent operating manuals and training sessions on operation of the system are being held.
(2) Regarding whether to accept the use of ingredients made from formaldehyde, the Central Pharmaceutical Affairs Council is examining the safety of the ingredients in question. The applicant is currently preparing for replies to Council questions concerning data on the safety and effectiveness of the ingredients and collecting information on safety, and Council deliberations will proceed once this is received.
2. Manufacturing and Related Areas
2-(1) Relaxing Standards for Care Labelling for Clothing
1. Complainant:Keidanren
2. Ministry concerned:Ministry of International Trade and Industry
3. Results of deliberation in report:
Examination should proceed to promote Harmonization of JIS (Japanese Industrial Standards) with ISO standards, together with the full establishment of domestic standards for the convenience of consumers.
Where JIS standards for care labelling for clothing are concerned, the standard will be amended to abolish the requirement that the color red be used to indicate the 'x' prohibition symbol, in order to simplify standards.
4. Measures taken:
Since ISO standards contain no regulations concerning testing and evaluation methods needed when indicating care-labelling instructions for clothing, testing and evaluation methods should be established. Practical deliberations to this end began in 1994 in the ISO's TC38 (technical committee on textiles), SC11 (sub-committee on textiles and care labelling for clothing), and WG3 (working group on testing methods and standards), and Japan is actively participating in these deliberations.
Japan will continue to participate in ISO deliberations, and based on the results of deliberations, will study harmonization of JIS with ISO standards.
When the study of harmonization of JIS with ISO standards is completed, the necessary measures will be taken to ensure that the new domestic standards become well established, by holding meetings to explain the new standards and so on, and the issue of reviewing regulations concerning quality labelling for textiles drawing on JIS will be studied.
The requirement that the color red be used to indicate prohibition in the JIS for care labelling for clothing was abolished in March 1995 after deliberations by the Japanese Industrial Standards Committee, which is composed of manufacturers, users and others.
2-(2) Improvement of JAS Standards for Radiata Pine
1. Complainant:Australia and New Zealand Chamber of Commerce
2. Ministry concerned:Ministry of Agriculture, Forestry and Fisheries
3. Results of deliberation in report:
(1) JAS 143: structural soft wood lumber
Technical studies will be conducted soon regarding the possibility of establishing standards for the central core or the pith to replace standards for the average width of annual rings.
(2) JAS 702: machine stress rated structural lumber for wood frame construction
Discussions should be held soon to establish mutual understanding concerning the relationship between the quantity of knots on plank edges and strength.
(3) JAS 601: glued laminated timber and JAS 2054: structural glued laminated timber with large dimension.
When standards for the above are revised, the possibilities of assigning a higher grade to radiata pine and of establishing standards for grading each material according to test results each time should be studied.
4. Measures taken:
(1) JAS 143: structural soft wood lumber
A meeting was held with the New Zealand embassy in May 1994, at which testing methods were presented and test data were requested. Standards will be revised in about one year after the necessary test data have been received.
(2) JAS 702: machine stress rated structural lumber for wood frame construction
A meeting was held with the New Zealand embassy in May 1994 to discuss technical issues, and such meetings will be continued.
(3) JAS 601: glued laminated timber and JAS 2054: structural glued laminated timber with large dimension
Work is currently proceeding to establish new standards for structural laminated timber by combining both of the above standards. Based on comments by New Zealand, standards for classifying species, including radiata pine, will be reviewed, the machine stress rating indicating resistance to bending of each type of board used in glued laminated timber will be measured, and a grading system based on this will be introduced. This will also make it possible to grade materials individually.
The above revisions will be made after meetings of the JAS specialist committee and the JAS deliberation council is held, and the necessary procedures including notification to the WTO are taken. The new JAS standards for structural glued laminated timber is scheduled to be announced by around November 1995.
2-(3) Abolition of Possession Licenses Based on the Guns and Swords Law for Automated Nailers Using Gas Explosive Power
1. Complainant:Embassy of the United States
2. Ministry concerned:National Police Agency
3. Results of deliberation in report:
Regarding automated nailers which use gas explosive power, the subject of this complaint, it is inappropriate to remove this item from the controls of the Guns and Swords Law at this time. However, since this item can be used as a weapon, the issue of whether it should continue to be controlled will be reviewed appropriately, after safety mechanisms are developed.
To lighten the burden on dealers and users under the present system, the National Policy Agency will issue a directive to all prefectural police headquarters to standardize the forms to be submitted for examination, allow applications with a power of attorney, and introduce a simple procedure to allow use of an alternate nailer in case of breakdowns, etc.
4. Measures taken:
All measures mentioned in the report - standardizing forms to be submitted for examination, allowing applications with a power of attorney, introducing a simple procedure to allow use of an alternate nailer in case of breakdowns, etc., and others - were implemented, following a directive to all prefectural police headquarters issued in June 1994, in order to lighten the burden on dealers and users.
Regarding automated nailers which use gas explosive power, since this item can be used as a weapon, the issue of whether it should continue to be controlled under the Guns and Swords Law will be reviewed appropriately, after safety mechanisms are developed.
2-(4) Harmonization With U.S. Standards Concerning Refrigerant Recovery Equipment and Approval of Use of Alternative Refrigerants
1. Complainant:Embassy of the United States
2. Ministry concerned:Ministry of International Trade and Industry, Ministry of Construction
3. Results of deliberation in report:
Discussions will be held concerning the acceptance of foreign test data, where U.S. and Japanese standards for refrigerant recovery equipment overlap.
Regarding the use of alternative refrigerants in government procurement, a government directive was issued in 1994 approving the use of centrifugal chillers using HFC134a, which has an ozone depletion factor of 0 in construction ordered by the Government Building Department of the Ministry of Construction. Where HCFC123 is concerned, since its ozone depletion factor is not 0, efforts are being made to gain the understanding of the complainant.
4. Measures taken:
Documentation on Japanese standards and testing methods for refrigerant recovery equipment was shown to the U.S. (American Refrigeration Institute (ARI)) in April 1994. Additional explanations, on specific testing methods, etc., were provided when ARI officials came to Japan in October 1994.
After the U.S. makes a proposal on testing items in the two countries which overlap and which can probably be eliminated, the ministries concerned will study whether U.S. testing data can be accepted.
The situation concerning the use of alternative refrigerants in government procurement was also explained to ARI officials during their visit, and their understanding was solicited.
2-(5) Harmonization of Motorized Wheelchair Standards with International Standards
1. Complainant:British Embassy
2. Ministry concerned:Ministry of International Trade and Industry
3. Results of deliberation in report:
The complainant will be asked if there are other problems concerning sales of this product, and if so, the parties concerned will cooperate and respond appropriately.
4. Measures taken:
Regarding the "maximum dimensions" desired by the complainant in JIS (Japanese Industrial Standards) for motorized wheelchairs, since JIS state that "however, excepting where particularly specified," those standards do not exclude motorized wheelchairs with dimensions other than those specified in the standards. Accordingly, if the motorized wheelchairs in question meet the other requirements of the JIS standards, there is no problem with manufacturers and others declaring that such wheelchairs meet JIS. This matter has already been explained to the complainant, and if there are other problems concerning sales, appropriate measures will be taken. The complainant has not mentioned any problems with sales so far.
3. Transportation and Traffic
3-(1) Internationalization of Regulations for Automobiles and Auto Parts and Acceptance of Foreign Test Data
1. Complainant:European Business Council
2. Ministry concerned:Ministry of Transport
3. Results of deliberation in report:
(1) The ministry concerned accepts as completion inspection appropriate inspection methods integrated into manufacturers' quality control systems, and only a simple document examination is carried out to determine whether inspection methods are appropriate. To facilitate acquisition of type designation, a directive will be issued to further clarify this policy and ensure that all parties are fully informed.
(2) Concerning acceptance of deterioration indices based on foreign test results for endurance testing of exhaust emission control devices, the ministry will reach a conclusion concerning acceptance of the engine family concept during FY 1994 and will implement this promptly. Where acceptance of deterioration indices obtained by testing methods developed by manufacturers to replace the U.S. endurance tests is concerned, each index will be studied after it is explained.
(3) Concerning the requirement for a heat-damage warning device, during 1994 the ministry concerned will study the equivalence to the heat-damage warning device of new devices such as one which warns of imperfect combustion in the engine and another which cuts off fuel supply in case of imperfect combustion and will accept these if they are judged to be equivalent.
4. Measures taken:
(1) The ministry concerned accepts appropriate inspection methods integrated into manufacturers' quality control system as completion inspections and has been promoting this more flexible practice. Further, only a simple document inspection is required to determine whether inspection methods are appropriate. To further clarify this policy and ensure that all parties concerned are fully informed, a directive titled "Application of completion inspection for vehicles which have received type designation" was issued in July 1994.
(2) Concerning acceptance of deterioration indices based on foreign test results for endurance testing of exhaust emission control devices, measures to accept the equivalence of deterioration indices measured in tests of engines with a certain variance in engine displacement (including engines treated as engine families in the U.S.) have already been implemented, according to a directive entitled "Partial revision to 'Requirements for long-distance running tests'" of December 1994 (effective from January 1995). Where acceptance of deterioration indices obtained by testing methods developed by manufacturers to replace the U.S. endurance tests is concerned, each index will be studied after it is explained.
(3) Regarding automobiles equipped with devices to warn of imperfect combustion in the engine or to cut off fuel supply in case of imperfect combustion, since it has been confirmed that these devices are equivalent to the heat-damage warning device, it was decided in December 1994 not to require such automobiles to be equipped with a heat-damage warning device, and that the same measure will apply to automobiles equipped with devices determined to be equivalent to these devices.
The relevant ordinances are currently being revised and will be distributed and implemented by July 1995.
3-(2) Relaxing Domestic Regulations on Batteries for Electric Vehicles
1. Complainant:Keidanren
2. Ministry concerned:Ministry of Home Affairs
3. Results of deliberation in report:
The safety of sodium sulfur batteries for use in electric vehicles will be studied in FY 1994, and based on the results of study, the issue of handling of sodium sulfur batteries as an energy source for electric vehicles by the general public will be studied immediately as well.
4. Measures taken:
A Investigative Committee on the Safety of Sodium Sulfur Batteries, composed of fire department personnel, academic experts and industry representatives, was established in FY 1994, and investigation and study of the state of development, structure, features, hazardous elements, and safety of sodium sulfur batteries as batteries for electric vehicles were carried out. Study revealed that production of sodium sulfur batteries in foreign countries had been suspended because of numerous accidents involving the batteries, and other factors. For this reason, the Committee was also unable to obtain sodium sulfur batteries for testing purposes, and so was unable to determine their safety.
On February 3, 1995, the complainant contacted the Market Access Ombudsman Council to withdraw their request in this matter, in view of the fact that production and sale of sodium sulfur batteries had been suspended.
3-(3) Relaxing Regulations Concerning Motorcycles
1. Complainant:Embassy of the United States
2. Ministry concerned:National Police Agency
3. Results of deliberation in report:
(1) Regarding whether to allow tandem riding of motorcycles on expressways and motorways, recent data on the safety of tandem riding on large motorcycles will be presented by the complainant. This data will be studied, and this regulation reviewed if it is determined that there are no problems concerning safety.
(2) Regarding licenses for driving large motorcycles, the introduction of a system exempting persons who have passed the technical skill test at designated driver's schools from the technical skill test administered by the Public Safety Commission, and including review of applicable laws, will be undertaken promptly.
The issue of whether to require a different technical skill test, with engine displacement of 400 cc as the borderline, will continue to be studied after data regarding the correlation between engine size and accident frequency is presented by the complainant.
(3) The agency concerned will promptly show data providing a rationale for the speed limit for motorcycles on expressways to the complainant.
4. Measures taken:
(1) Since the complainant subsequently advised that they could not supply new data, future measures regarding this question are still being studied.
(2) Opinions from academic experts and the general public concerning the driver's license system for large motorcycles were solicited and studied comprehensively. As a result, since opinions are that advanced driving skills and sufficient knowledge about the characteristics of large motorcycles with engine displacement of over 400 cc are needed to control and drive such motorcycles safely, it was decided to discontinue to current driver's license system for motorcycles, and to introduce a two-tier system of licenses for large motorcycles with engine displacement of over 400 cc and of licenses for ordinary motorcycles, and to require technical skill tests appropriate to the vehicle characteristics of each. Additionally, a technical skill certification system for licenses for large motorcycles at designated driver's schools will be introduced. In order to realize this change in the system, partial revisions to the Road Traffic Law were approved by the Cabinet in February 1995 and submitted to the 132nd regular session of the Diet. The Law was passed and announced in April.
Revisions will be made to the relevant subsidiary laws as a result of this change, and the new measures will be implemented in FY 1996.
(3) Data providing a rationale for the speed limit for motorcycles on expressways were shown to the complainant, but since the complainant indicated that such data were insufficient, a study and analysis of past cases will be undertaken. It is expected that the additional data can be shown to the complainant in about one year's time.
3-(4) Early Establishment of Domestic Standards Based on International Standards for Aluminum Car Ferries
1. Complainant:Australian Embassy
2. Ministry concerned:Ministry of Transport
3. Results of deliberation in report:
From the viewpoint of harmonization with international standards, the ministry concerned will actively participate in the International Maritime Organization (IMO) study of international standards for high-speed craft, and will harmonize domestic standards as far as possible, in time for the scheduled implementation of IMO standards in 1996.
4. Measures taken:
The ministry concerned attended meetings of the IMO Committee and took active part in the drawing up of international standards (February 1994, May 1994, etc.)
International standards for high-speed craft (including aluminum-hulled car ferries) were debated and accepted in 1994, and are scheduled to go into effect in January 1996.
Japan plans to harmonize domestic standards for high-speed craft in accordance with this. Specifically, laws concerning ships' structure will be amended to harmonize with international standards when these go into effect in January 1996.
4. Construction and Related Areas
4-(1) International Harmonization of Fireproof Property Test for Steel Structures
1. Complainant:Embassy of the United States
2. Ministry concerned:Ministry of Construction
3. Results of deliberation in report:
(1) The ministry concerned is undertaking a General Technology Development Project - "Development of Technology for Rational Testing and Evaluation System for Fire Safety Performance of Buildings" (FY 1993-97), in order to harmonize fireproof property testing methods with international standards promptly after amendment of those standards by the International Standardization Organization (ISO).
Studies to harmonize fireproof property testing methods with international standards will be undertaken within the Project.
Regarding testing methods, proposals for revisions will be made after carrying out the necessary testing to determine safety.
(2) The ministry will support the introduction of a mutual recognition system in the construction industry, including the present matter, in consultation with the related foreign authorities.
4. Measures taken:
(1) Based on the ISO's revision of testing methods, the General Technology Development Project - "Development of Technology for Rational Testing and Evaluation System for Fire Safety Performance of Buildings" will be continued, to harmonize fireproof property testing methods internationally. During studies of this matter, it was decided in June 1994 to introduce the load-bearing heating test, in addition to the heating test which has been carried out so far.
Additionally, based on results of the above Project, parts of the fireproof property testing method (method of measuring average temperatures of the steel, timing of measurement of maximum temperature of the steel) were harmonized with international practices in November 1994.
(2) To support the introduction of a mutual recognition system in the construction industry, including the system mentioned in this complaint, consultations are being carried out with the related foreign authorities. The mutual recognition system will be introduced promptly after an agreement is reached with these authorities.
N.B.
Heating test:
testing to determine whether a maximum specified temperature is exceeded when steel coated with fireproof coating materials is heated in a furnace at a specified temperature for a set time.
Load-bearing heating test:
testing to determine whether the degree of distortion, etc. exceeds specific limits when steel coated with fireproof coating materials is heated in a load-bearing state in a furnace at a specified temperature for a set time.
4-(2) International Harmonization of Certification System for Wallpapers (Interior Materials)
1. Complainant:Embassy of the United States
2. Ministry concerned:Ministry of Construction
3. Results of deliberation in report:
Foreign-made wallpapers confirmed as having sufficient fire preventive properties will be made eligible for Simplified Certification and testing will be simplified. Discussions were held with the complainant concerning the fire preventive properties of the wallpapers in question, and those meeting the specified requirements will be handled under Simplified Certification.
Better information will be provided to foreign businesses.
4. Measures taken:
Explanations concerning the certification system for interior materials with fire preventive properties have been made as necessary to the complainant since October 1993.
In April 1994, the ministry established a consultation desk on the Simplified Certification system, handled by the Association of International Communication for Building and Housing. In addition, a pamphlet in English was published in March 1995 explaining the Building Standards Law and how the Simplified Certification system works, to help foreign manufacturers, etc. understand the system more clearly.
4-(3) Relaxing Testing and Certification Requirements for Buildings with Unique Two-story Structure
1. Complainant:Embassy of the United States
2. Ministry concerned:Ministry of Construction
3. Results of deliberation in report:
The ministry concerned will promptly examine the safety of the two- story structure in this complaint, using a structural calculation method appropriate to the structure.
4. Measures taken:
The ministry concerned, based on discussions with the complainant, studied structural calculation methods appropriate for the structure in question, and since the complainant prepared documentation on evaluation of safety based on those calculation methods, a designated testing organization accepted the application for technical evaluation in April 1995.
After completion of technical evaluation, approval procedures will be taken if the complainant submits an application for certification by the Minister under Article 38 of the Building Standards Law, accompanied by the certificate of technical evaluation obtained.
5. Import Procedures, Etc.
5-(1) Simplifying Procedures for Return Export of Strategic Commodities
1. Complainant:Keidanren
2. Ministry concerned:Ministry of International Trade and Industry
3. Results of deliberation in report:
Regarding delegation of the authority of the Minister of International Trade and Industry for return export licenses for strategic commodities to the Heads of Customs, because of the spread of the general license system, the necessary review will be made concerning destinations to which this delegation applies, taking into account the spread of the general bulk license system. Procedures will be simplified as much as possible in the future.
4. Measures taken:
From April 1995, the scope of licensing authority delegated to the Heads of Customs when strategic commodities are returned because of defects was expanded to include return export of commodities bound for the U.S. and western Europe. (The destinations for which return export licensing authority had been delegated until now had excluded the former Communist bloc nations, the United States, and western Europe.)
(Reference)
As part of the system related to export control of strategic commodities, there is a system to certify that a certain commodity is exempt from the need for an export license and approval. To improve the system, simplification measures will be studied after the necessary adjustments are made and a conclusion will be reached at an early date, for implementation during FY 1995.
5-(2) Improvement of the JIS Yearbook and Enhancement of Harmonization between JIS and International Standards
1. Complainant:Australia and New Zealand Chamber of Commerce
2. Ministry concerned:Ministry of International Trade and Industry
3. Results of deliberation in report:
Prompt action will be taken to indicate the relationship between international and JIS (Japan Industrial Standards) in the JIS Yearbook.
Efforts will be made to harmonize JIS standards with international standards.
4. Measures taken:
For the convenience of users abroad, the JIS Yearbook published in August 1994 indicated the relationship of harmonization between JIS standards and international standards.
Based on the WTO/TBT Agreement (Agreement on Technical Barriers to Trade), efforts will be made to harmonize JIS with international standards, except in certain areas affected by climatic or geographical factors.
In order to promote harmonization with international standards, a study of the state of harmonization of JIS standards with international standards will be undertaken in FY 1995, and based on the study's findings, the necessary measures will be taken to achieve harmonization with international standards within three years.