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 Access Issues as Concerns Standards, Certifications and Others (March 21, 2000)
March 21, 2000
Office of the Trade and Investment Ombudsman
Respecting the "Recommendations on Market Access Issues as Concerns Standards, Certifications and Others" (The 6th Report of the Market Access Ombudsman Council, March 16, 2000) to the greatest extent possible, the following measures will be taken to further promote improved market access.
1. Animals and Plants, Foods
1-(1) Allowing food testing to be conducted by private sector organizations
The following measures will be taken regarding designating testing organizations under the Food Sanitation Law.
(1) The ministry will study testing facilities, with a view to also designating private sector testing facilities as designated facilities under the Food Sanitation Law, and will reach a conclusion on this matter during 2000.
(2) Regarding designation of testing facilities, the ministry will draw up standards regarding operation and supervision, and technical standards, where designation of testing facilities is concerned, and standards for revoking designation when testing facilities are found not to meet standards, in order to ensure that facilities meet standards for reliability, fairness and impartiality.
2. Pharmaceuticals, Medical Devices, Cosmetics
2-(1) Relaxing regulation on dietary supplements
Measures concerning the dietary supplement category will be taken as follows.
(1) In accordance with the Office of Market Access's decision, the ministry will decide how to handle the dietary supplement category and will reach a conclusion on revisions of standards for the scope of pharmaceuticals, in order that products usually distributed and sold as dietary supplements in other countries may be handled as foods in Japan without being regulated as pharmaceuticals.
(2) Where food additives are concerned, the ministry will study and reach a conclusion during FY2000 concerning how to handle food additive regulation in the case of dietary supplements, so that products usually distributed and sold as dietary supplements in other countries may be handled appropriately in Japan.
(3) The ministry will report to the Market Access Ombudsman Council on the status of the dietary supplement category, at an early date during FY2000.
3. Transportation and Traffic
3-(1) Introducing market mechanisms to port business
The following measures to introduce market mechanisms to port operations will be taken.
(1) In order to boost efficiency and improve service through competition as soon as possible, deregulation in the form of switching from an operating license to an operating permit system (eliminating restrictions on supply and demand) and changing the permission system for fees to a notification system will be carried out for the 9 major ports handling the bulk of containerized cargo (Keihin, Chiba, Shimizu, Nagoya, Yokkaichi, Osaka, Kobe, Kammon, and Hakata) as quickly as possible during 2000.
(2) To ensure that deregulation is effective, measures will be taken so that entry of new operators is not hampered.
3-(2) Eliminating restrictions prohibiting tandem riding of motorcycles on expressways
The following measures will be taken concerning prohibition of tandem riding on motorcycles.
(1) Public relations and education campaigns will be undertaken, to promote better driving manners among motorcycle users and establish safe driving of motorcycles. Driver education will be improved, by giving instruction in tandem riding and so on, and hazardous driving will be pursued more assiduously.
(2) A broad study of trends in other countries concerning usage styles and national attitudes toward motorcycles, and of licensing systems, will be conducted and findings compiled during 2000.
3-(3) Review of standards for parking certificates for motor homes (large campers)
The following measures concerning review of standards for parking certificates for motor homes (large campers) will be taken.
(1) The issues of whether to approve motor pools as the main place of use for small towed camper-trailers, based on their format, usage, and whether they are eligible for the special measures permitting their owners to obtain a parking permit in motor pools will be studied, and the necessary measures will be taken during 2000 if there are no particular problems.
3-(4) Changes to the vehicle inspection system for towing and towed vehicles
The following measures regarding changes to the vehicle inspection system for towing and towed vehicles will be taken.
(1) With a view to making it possible to use rented camper-trailers, in order to allow camper-trailers to be towed by vehicles other than those already registered, a study will be initiated immediately to examine simplifying procedures when registering camper-trailers, including whether it is possible to introduce an American/European-style system whereby auto makers label vehicles as to the maximum weight of towed vehicle they have the capacity to tow, and a conclusion will be reached during 2000 at the latest.
3-(5) Establishing new classes of towing permits
The following measures will be taken regarding establishing classes of towing permits.
(1) A study will be conducted concerning whether it is necessary to establish classes for towing permits, based on the weight of the towed vehicle, and a conclusion will be reached during 2000.
(2) Specifically, a detailed analysis of the accident rate and characteristics of accidents involving camper-trailers weighing between 750 kg and 2 tons and other towed vehicles will be carried out as soon as possible.
(3) A study of whether there are differences in driving skills needed when towing camper-trailers weighing between 750 kg-2 tons and other towed vehicles will be carried out as soon as possible.
3-(6) Regulations on trailer homes
To preempt confusion at the stage of applying the Ministry of Construction's directive on trailer homes, and to promote the healthy growth of the trailer home market, the following measures will be taken to create an environment conducive to promoting imports.
(1) The Report of the Study Committee Concerning Regulations on Trailer Homes will been sent to local public bodies, and to other organizations connected with trailer homes, to inform all concerned parties thoroughly. The study committee will continue to exist within the OTO Liaison and Coordinating Committee and report to MAOC on matters it has studied in the future as necessary.
4. Import Procedures
4-(1) Improvement of customs inspection system for containerized cargo
The following measures will be taken to improve the customs inspection system for containerized cargo.
(1) For complete inspections, large X-ray apparatus capable of inspecting containers while loaded on transport vehicles will be introduced as soon as possible, to fulfill the two aims of reducing the burden of inspection expenses and shortening inspection time, as well as of detecting socially undesirable cargo.
(2) To help reduce the time needed for customs clearance of imported cargo, parties concerned will be informed about the prior inspection system and the simplified declaration system scheduled to be introduced during FY2000, and encourage them to use these systems.
4-(2) Improvement of customs clearance procedures such as NACCS using the Internet
The following measures will be taken to improve customs procedures such as NACCS using the Internet.
(1) Regarding NACCS (Nippon Automated Cargo Clearance System), in conjunction with modification to be made to Air-NACCS in autumn 2001, active efforts will be made to allow the system to be used from the Internet. Measures will also be taken as soon as possible to allow Sea-NACCS, to which changes were made in October 1999, to be accessed from the Internet without waiting for the next modifications to the system scheduled for 2007.
(2) Regarding prior verification by e-mail, rather than granting authority equivalent to that of written replies to all e-mail replies, the ministry will study giving e-mail replies the same authority as written replies, when classification is simple and sufficient information is provided, and reach a conclusion on how to accomplish this, during 2000.
(3) Regarding the search system for classification information, a study will be completed during 2000 concerning establishing a new system, in addition to the viewing and search system on dedicated terminals located at customs offices, allowing users to view and search for classification information over the Internet.
5. Other Areas
5-(1) Review of landing examination criteria
The following measures will be taken concerning the "investment and management" permission for stay.
(1) Where criteria for the "investment and management" permission for stay status are concerned, applicants will be granted permission to land as investors or managers, if "an investment equivalent to" hiring two locally-based people is made, even if such people are not actually hired. However, since this has not always been applied consistently under current application of examination criteria, regional immigration bureaus will be notified immediately that in the future, they should grant applicants permission to land in Japan under the "investment and management" status in cases where it is acknowledged that a considerable investment has been made in Japan, even if two locally-based persons are not employed.
(2) In order to clarify the scope of operations staffed by two or more regular employees, the ministry will draw up, during 2000, practical examination guidelines applying to cases where two persons are not employed.
(3) Regarding new types of businesses, for example Internet-based businesses and so on which can continue operating stably and continuously on a certain scale even if they do not necessarily employ two people, these businesses will also be actively accepted from the perspective of promoting inward investment, and based on the guidelines established, measures will be taken to smoothly administer the landing and stay of their investors or managers.
5-(2) Reviewing standards for installing equipment using fire under the Fire Service Law
The following measures will be taken concerning separation distance for equipment using fire.
(1) For equipment using large amounts of energy and for which it is possible to establish models for separation distance, the ministry will draw up guidelines during FY2000 and inform fire service authorities of these guidelines.
(2) All fire service authorities will be informed immediately, by notice or other appropriate means, of the need for each fire service authority to also confirm the safety in terms of fire prevention of equipment other than that which has passed inspection and been certified by the Japan Gas Appliances Inspection Association or other bodies.