The Cabinet Office, government of Japan ＞ Top page of OTO ＞ Reorganization of the Office of the Trade and Investment Ombudsman
(Provisional Translation)
Policy Actions on Market Opening Measures as concerns Standards, Certification and others (June 24, 1994)
June 24, 1994
Office of Market Access
Respecting the "Recommendation on Market Opening Measures as concerns Standards, Certification and others" (Report of Market Access Ombudsman Council, May 13, 1994) to the furthest extent possible, the following actions will be taken to further improvement of market access.
1. Food, Sanitation, Health Care and related area
1-(1) Improvement of JAS Standards for grape juice concentrate
Regarding rectification of JAS Standards to deal with juice from white grapes, a notification will be amended by July or August 1994, based on the amendment recently adopted by the Research Committee for Agricultural and Forest Product Standard.
1-(2) Improvement of the plant quarantine system
Regarding plant quarantine measures, conditions for the improvement will be clarified, negotiations will be progressed, and conclusions will be reached soon, under the policy that the measures should be taken within the scope necessary to prevent the entry of harmful pests to Japan, with clear justification for such measures and inspecting procedures, and based on scientific grounds.
(1) Scope of pests for quarantine
Leaving the issue of identifying as far as possible pests not requiring quarantine for the future, we will promote the development of methods of verifying that the pests below, which are in the current complaints, are of the same type as those found in Japan and will actively cooperate in the activities of the Secretariat of the International Plant Protection Convention to form an international consensus on such procedures.
* two-spotted spider mite found on New Zealand kiwi fruit
* pests found on New Zealand asparagus and pests on Australian cut flowers (to be deal with when the quarantine authorities of the exporting country inform us of specific pests)
(2) Lifting ban on plant imports
We will provide sufficient information on conditions and procedures for lifting of the import ban and will take the following actions:
* Regarding French apples, technical studies currently being conducted by Japanese and French specialists in response to French requests for lifting the import ban wi11 be carried out quickly.
* Regarding Australian apples, procedures to 1lft the import ban will be taken soon, after receiving thc results of additional tests currently being carried out in Australia. Regarding Australian mangoes, a final agreement concerning measures will be reached at a meeting with Australian plant quarantine experts to be held this year, and procedures to lift the import ban will be taken soon.
* Regarding Colombian pitaya, we are actively cooperating in training Colombian specialists in Japan and will provide other technical cooperation for vapor treatment. Regarding other fruits, after receiving specific requests from Colombia, we are prepared to consult with Colombian plant quarantine experts for permitting imports after vapor heat treatment.
(3) Fruit fly free area designation
Regarding the complaint received from Australia concerning expanding areas designated as fruit fly free, the necessary measures will be taken soon, after receiving specific data from Australia, and also using study results presented when the U.S. applied this designation.
(4) Cold disinfestation treatment
Regarding verification of cold disinfestation treatment of Australian oranges and lemons by Japanese plant quarantine officials, measures to lighten the inspection burden will be studied thoroughly and adjustments will be made soon among the authorities concerned.
(5) Pre-export quarantine
Regarding the introduction of pre-export quarantine system for Colombian cut flowers, we received a request from the Colombian government in April 1993, and documents describing plant quarantine system in both countries were exchanged in September 1993. A study of the possibility of introducing pre-export quarantine system will be carried out soon.
(6) Promoting understanding of Japan's systems
English brochures on Japan's systems will be improved to facilitate understanding of Japan's system.
1-(3) Simplifying and speeding up inspection of imported foods by using the Pre-certification System for Imported Food, etc.
Under the recently introduced Pre-certification System for Imported Food, etc. (factory-registration system), receiving applications for registration of factories and foods meeting the requirements, we will register them soon. When doing so, we will consider using registration data from the Australian Quarantine Inspection Service (AQIS) of the Ministry of Primary Industries and Energy.
When foreign businesses make specific requests for improvements regarding inspection of imported foods at local airports, we will continue to respond them appropriately.
1-(4) Promoting acceptance of foreign inspection data concerning the import of designated dairy products
(1) Regarding import inspection of designated dairy products, which the Japan Dairy Technical Association (JDTA) is entrusted by the Livestock Industry Promotion Corporation (LIPC) to make based on the Food Sanitation Law, foreign inspection data will be accepted under the Pre-certification System for Imported Food, etc.
(2) Regarding the possibility of accepting foreign inspection data which correspond to the data inspected by the JDTA under the Livestock Price Stability Law and the Deficiency Payment Law, conclusion will be reached at early stage by exchanging views with the complainant as soon as possible.
(3) Regarding the JDTA's inspection criteria and methods, a detailed English guidebook will be prepared by the end of July 1994 to facilitate understanding by foreign businesses.
1-(5) Analysis methods for ingredients in PEF (prepared edible fat and vegetable oil)
A meeting will be held soon between Japanese and New Zealand officials to promote understanding on this matter. (The meeting was held on June 21.)
1-(6) Facilitating type approval by the Japan Water Works Association of water purifiers with reverse osmosis film
(1) The decision whether to grant type approval for water purifiers with reverse osmosis film will be made soon.
(2) In addition to appropriately and swiftly dealing with applications for type approval applications for water supply equipment, consideration wil1 be carried out soon regarding the improvement of the type approval system, from the perspective of responding quickly to technological innovation and the entry of new products into the market, and the Association will be instructed by the end of FY1994 based on the results.
1-(7) Simplifying and speeding up import approval procedures for cosmetics
(1) An application and examination system using floppy disks for import approval procedures will be introduced in FY1995, and the processing period for Import approval is expected to be shortened in FY1996.
(2) The Central Pharmaceutical Affairs Council is already whether to accept the use of ingredients made from formaldehyde, and this examination will be conducted as rapid a pace as possible.
2. Manufacturing and related area
2-(1) Changes in regulations concerning care labelling of clothing
While harmonization of ISO and domestic standards will be promoted over the intermediate term, domestic standards will be fully established with promoting the convenience of consumers.
To simplify standards, the provision regarding the color of 'X' in red, which means the prohibition symbol, will be abolished by amending JIS standard during fiscal 1994.
2-(2) JAS specifications for lumber
JAS specifications for lumber
(1) Regarding quality standards for radiata pine under JAS 143 (structural soft wood lumber), discussions on specific testing methods and how to carry out tests will be held with the complainant and technical studies will be undertaken soon regarding the possibility of establishing standards for central core or pith, instead of standards for average width of annual rings, as In JAS 600 (structural lumber for wood frame construction).
(2) Regarding JAS 702 (machine stress rated structural lumber for wood frame construction), discussions will be held soon to establish mutual understanding concerning the correlation between strength and the amount of knots along lumber edges.
(3) Regarding changes in specifications for JAS 601 (glued laminated timber) and JAS 2054 (structural glued laminated timber with large dimension), a conclusion will be reached by November 1995 concerning the possibility of grading radiata pine in a higher grade and of introducing classification standards for grading individual lumber each time.
2-(3) Improvement of the possession license system for automatic nail guns
It is inappropriate to remove automatic nail guns with gas explosive power on the subject of this complaint from the controls of the Guns and Swords Law at the present time. In the future, after safety mechanisms are developed, the issue of whether the item should continue to be regulated, from the viewpoint of probability of being used as a weapon, will be reviewed appropriately.
For the convenience of users and sellers of automatic nail guns, the possession license system was improved by the directive issued to Prefectural Police Headquarters nationwide at June 10, 1994: the improvement included the standardization of the documents required for examination, allowing a proxy to present application, and allowing the use of an alternate machine through a simplified application procedure.
2-(4) Improvement of standards concealing refrigerating equipment
Regarding duplication of U.S. and Japanese standards for refrigerant recovery equipment after U.S. investigation results and specific proposals based on those results which we requested at the end of May 1994 are given, we will examine the matter of accepting U.S. test results soon.
Regarding the use of alternate refrigerants the construction ordered by Government Building Department of Ministry of construction, an amended directive was issued which makes centrifugal refrigerating equipment using a refrigerant with an ozone depletion factor of O (HFC134a) eligible for use in the construction ordered by the Department fiscal year.
2-(5) JIS standards for motorized wheelchairs
The content of JlS standards for motorized wheelchairs has been explained to the complainant. We are currently referring to the complainant whether there are other problems in sales, and if there are other problems in sales, the parties concerned will appropriately continue to meet the matter with the cooperation of them.
3. Transportation and Traffic
3-(1) Changing the standards and certification system relating to automobiles
The following changes will be made to promote imports.
(1) Completion inspection are allowed to be carried out using appropriate testing methods incorporated into manufacturers' quality control systems, and efforts have been made to apply this system more flexibly. A simple document examination is used to determine whether testing methods are appropriate. A directive to further clarify and propagate this information will be issued by July 1994 to smooth the acquisition of type designation.
(2) Regarding the acceptance of deterioration indices based on foreign data in durability tests for exhaust gas anti- dispersal apparatus, we have begun collecting data on accepting the engine family concept used in the U.S. A conclusion will be reached during this year and will be implemented soon.
Concerning acceptance of deterioration indices obtained by testing methods developed by individua1 manufacturers to replace the U.S durability tests, this matter will be studied after each method is explained.
(3) Regarding the requirement for heat warning equipment, other means should basically be allowed as long as they ensure safety. Whether new apparatus capable of detecting and warning of an accidental fire in the engine or capable of detecting an accidental fire in the engine and cutting off fuel supply are equivalent to the heat warning equipment will be studied in order to reach a conclusion during this year, and will be accepted if such apparatuses have equivalent function.
3-(2) Relaxing restrictions on sodium sulfur batteries for electric vehicles
The safety of sodium sulfur batteries used as batteries in electric vehicles will be studied starting this fiscal year, and based on results of studies, restrictions on sodium sulfur batteries as hazardous materials will be relaxed in fiscal 1996.
3-(3) Improvement of the system for motorcycles under the Road Traffic law and ordinances
(1) Regarding whether to permit tandem riding of motorcycles on expressways and motorways, recent data on the safety of tandem riding on large motorcycles which will be presented by the complainant will be studied, and this regulations reviewed if it is determined that there are no problems regarding safety.
(2) Regarding driver's license for large motorcycles, study will be undertaken, including review of laws and ordinances, to introduce a system exempting persons who have completed training and passed the technical skill test at designated driver's schools from the driver's license examination about the technical skill administered by the Public Safety Commission in around fiscal 1996.
Further, study of whether to require different driver's license examination about the technical skill, with total engine displacement of 400 cc as the borderline, will be continued, based on data produced by the complainant regarding the correlation between engine size and accident frequency.
(3) Regarding the speed limit for motorcycles on expressways, data providing a rationale for this will be shown to the complainant soon.
3-(4) Changing the standards and certification system concerning aluminum ships
We will actively participate in the International Maritime Organization (IMO) study of intentional standards, in order to promote international harmonization of specifications and standards internationally, and will harmonize domestic standards as far as possible, in time for the scheduled implementation of the IMO standards in 1996.
4. Construction area
4-(1) Internatlona1 harmonization of fireproof property test for steel structures
The following measures will be taken to promote international harmonization.
(1) A technical development project will be promoted to internationally harmonize fireproof property testing methods soon after changes in international standards are mode by the ISO.
Fireproof property test is very important in ensuring the safety of stee1 structures, and the above-mentioned project wi11 study directions for international harmonization of testing methods by the end of June 1994.
Regarding part of the testing methods mentioned in this complaint, the necessary experiments will be carried out to check safety and a draft amendment may be prepared after this by the end of August.
(2) We will promote the introduction of a mutual recognition system, including the matter mentioned in this complaint, in the field of building, through discussions with related overseas organizations.
4-(2) Providing information on the standards and certification system for wallpaper
In order to provide more extensive information for foreign businesses, the Association of International Communication for Building and Housing established a consultation point on the building standards and certification system in April 1994 and will make sustained efforts to make information available.
4-(3) Minister's approval based on Article 38 of the Building Standard Law relating to buildings with unique two-story structure
The two-story structure in this complaint is of a special type which does not meet domestic building standards. Safety will be evaluated soon, using a structural calculation method which appropriately evaluates its characteristics.
5. Import Procedures, Etc.
5-(1) Facilitating return export of strategic commodities
A general bulk license system for the export of strategic commodities (excluding arms and others) to the U.S. and Europe which greatly simplifies export application procedures has been in effect since April 1,1994.
Regarding delegation of license authority for return export of strategic commodities from the Minister of International Trade and Industry to the Head of Customs, the areas to which this system applies wi11 be expanded during fiscal 1994, pending the spread of the general bulk 1icense system.
5-(2) Promoting international harmonization of JIS standards and Improving of JIS year book
More stringent attention will be paid to make progress of harmonization from the perspective of international harmonization at the time of review of JIS standards, excluding that re1ating to the fields specified as exception in the GATT Standards Code.
The JIS Yearbook will be revised during fiscal 1994 to clarify the relationship between JIS and international standards.