The Cabinet Office, government of Japan ＞ Top page of OTO ＞ Reorganization of the Office of the Trade and Investment Ombudsman
(Provisional Translation)
Recommendation on Market Opening Measures as concerns Standards, Certifications and others
"Report of Market Access Ombudsman Council"
May 13, 1994
Market Access Ombudsman Council
Based on "Policy actions on Market Opening Measures as concerns Standards, Certifications and others" (adopted by Office of Market Access, May 27, 1993) and the "Outline of external economic reform measures" (cabinet decision, March 29, 1994), in this report, we clarify where the problems with Japan's standards and certification lie and recommend actions needed in relation to complaints received by foreign businesses and others.
We wish the Office of Market Access undertakes to determine actions, respecting this Report to the furthest extent possible, and to take measures based on this at an early date.
I. General Observations
II. Recommendations
1. Food, Sanitation, Health Care and related area
1-(1) International Harmonization of Standard (JAS) 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 Systems by the Japan Water Works Association
1-(7) Relaxing Restrictions on Imports of Cosmetics and Perfumes
2. Manufacturing and related area
2-(1) Relaxing Standards for Care Labellings of Clothing
2-(2) Improvement of JAS Standards for Radiata Pine
2-(3) Abolition of Possession License Based on the Guns and Swords Law for Automated Nailers which use 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 Standards for Motorized Wheelchairs with International Standards
3. Transportation and Traffic area
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) Relaxation of Regulations Concerning Motorcycles
3-(4) Early Establishment of Domestic Standards Based on International Standards for Aluminum Car Ferries
4. Construction area
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
I. General Observations
1. The Government is currently undertaking a comprehensive review of official regulation, in order to make Japan's socioeconomic structure more open internationally and to shift to a free market economy based on the principle of self-responsibility and market mechanisms over the intermediate to long term.
As the Office of Trade and Investment Ombudsman (OTO) reviews regulation from the viewpoint of improving market access, we, as part of OTO, paying attention to these efforts of the government to review official regulation, we have studied complaints raised by foreign businesses and other bodies concerning Japan's system of standards and certification.
As internationalization continues to spread, the OTO has received a variety of opinions and requests concerning the standards and certification system from sources in and out of Japan. Even concerning systems which had not heretofore been considered related to market access complaints have become to be raised and accordingly, it is becoming increasingly important to actively review the standards and certification system from the aspect of international harmonization.
2. Summing up the work relating to the complaints brought before the OTO this time, we request appropriate action from the government on the following points.
(1) Regarding existing specifications and standards, appropriate measures should be taken to facilitate the development of products which had not been anticipated previously in Japan and to smooth import of such products into Japan from abroad.
In cases where imports are negatively affected because no specifications and standards appropriate to new products from abroad exist, such specifications and standards should be improved rapidly in order to promote imports. Such action is very important not only in case specifications and standards mandated by law but also in case they are commercial practices, which even though not mandatory, have an important impact on market distribution.
Further, foreign test data should be taken advantage of effectively to speed up amendment of specifications and standards from these viewpoints.
Additionally, in order to smooth the market entry of new products, specifications and standards must be changed as far as possible so that they are based on product performance. Because when specifications and standards intended to ensure safety and durability exist, they do not necessarily have to specify structure or materials. In fact, the entry into Japan of foreign products with performance equivalent to that of domestic products is sometimes hampered because their structure does not accord with Japanese specifications and standards.
(2) Steps have been taken to simplify and speed up import procedures, but further improvements are needed in this area.
In particular, the use of foreign test data will not only help in simplifying and speeding up procedures, it will save time and cost spent on testing as well, thus contributing to improving market access. Therefore, the testing methods required by Japan should be clarified and more active use made of foreign testing organizations, to further promote acceptance of foreign test data.
(3) When the standards and certification system is operated by industry associations and other non-governmental bodies, these bodies should actively seek out the opinions of non-Japanese experts and others, establish specifications and standards sufficiently taking into consideration the features of foreign products, and make active efforts to provide information on the system to foreign businesses in order to provide sufficient market accessibility to foreign businesses which are not members of such organizations.
(4) Since foreign businesses do not have access to sufficient information, misunderstandings arise concerning our standards and certification system so that the system is in some cases viewed as an impediment to imports.
Accordingly, to promote imports and to avoid unnecessary friction, information on the standards and certification system must be made available to foreign businesses much more actively than in the past.
3. With the above comments in mind, we hope that the Government will make more vigorous efforts to improve market access. The Market Access Ombudsman Council will follow up on the implementation of actions the Government has undertaken to carry out which are described in this report.
4. This report lists 50 complaints brought to the OTO and compiles specific recommendations for 21 of these complaints, which are provisionally translated into English in this paper.
In 10 cases, the complainants' understanding concerning handling by the ministries or agencies concerned was obtained in the process of clarifying the complaint, and in 13 cases, appropriate measures should be considered and taken by the ministries or agencies concerned. Of the remaining four complaints, two were withdrawn in the process of clarifying the complaint, and two had already been dealt with in the OTO Advisory Council's 1993 report. Contents of these complaints and measures taken by the ministries are shown the original report in Japanese.
II. Recommendations
1. Food, Sanitation, Health Care and related area
1-(1) International Harmonization of Standard (JAS) for Grape Juice Concentrate
1. Complainants: Australian and New Zealand Chamber of Commerce, Australian Embassy
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
The complainants have insisted that requirement of JAS certification for grape juice concentrate are set based on the composition of Japanese products and American ones, so that Australian products are not certified to carry the JAS mark. But Australian products does not seem to be defective in respect quality or safety, the JAS mark specifications (in particular, criteria for amino nitrogen) should be amended to cover them and to be in conformance with the relevant Australian standards.
4. Results of deliberation:
The JAS standards for grape juice have so far been set based on red grape juice, but recently the Research Committee for Agricultural and Forest Products Standard approved the proposal to amend the standards to cover white grape juice as well. The ministry concerned is currently following the necessary procedures and working to amend the notification based on the proposal as soon as possible.
This action is fully appreciated and is expected to satisfy the complainants' request.
1-(2) Improvement of the Plant Quarantine System
1. Complainants: Australian and New Zealand Chamber of Commerce, French Embassy, Australian Embassy, Embassy of Colombia
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
The Plant Protection Law and ordinances set out restrictions, prohibitions and inspection of import, and require importers of plants to report imports to the Plant Protection Station and submit them for inspection by plant quarantine officers immediately. When inspections find no harmful pests and diseases, a plant quarantine certificate is issued and the plant(s) in question may be imported. If harmful pests or diseases are found, steps to disinfect or destroy may be taken, depending on their type.
Importation of specified plants from specified areas in ministry ordinance is prohibited. However, if the exporting country has developed an effective disinfection or disinfestation method for a certain plant product which ensures its complete freedom from designated pests or diseases and the reliability of this method is approved by Japan, importation is permitted under certain conditions. Even in such cases, inspection by plant quarantine officers is required on importation.
As an ordinary exception, GATT clause 20(b) permits adopting an enforcing use or execution of "measures necessary to protect human, animal or plant life or health." At the Uruguay Round, the "Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)" was agreed to as the rule for application of ordinary exceptions to sanitary and phytosanitary measures. This Agreement stipulates that the sanitary and phytosanitary measures must be applied only to the extent necessary to protect human, animal or plant life or health and must be based on scientific principles.
The Secretariat of the International Plant Protection Convention (IPPC) is currently drawing up proposed guidelines for pest risk analysis (PRA) concerning standards for these quarantine measures and studying risk management procedures.
The Australian and New Zealand Chambers of Commerce in Japan have raised specific complaints 1) and 2) as follows.
1) Eliminating fumigation for kiwi fruit
New Zealand kiwi fruit on which two-spotted spider mite is found is required to be fumigated, but two-spotted spider mite is also found in Japan and thus there is no risk in terms of plant protection. Accordingly, the fumigation requirement should be dropped.
2) Review of fumigation for imported asparagus, etc.
If asparagus, etc. from New Zealand imported into Japan is found to carry pests, it is required to be fumigated. However, most of these pests are found in Japan as well and there is no need for fumigation. The pest risk analysis currently under study by regional plant protection organizations as well as the FAO should be accepted and unnecessary damage to agricultural products caused by fumigation should be avoided.
The French Embassy has raised the following complaint.
3) Relaxation of sanitary requirements for imported agricultural products
Importation of French apples and other fruits and vegetables is prohibited because of the presence of Mediterranean fruit fly and Codling moth, but sanitary requirements should be relaxed and importation of these products permitted.
The following complaints have been submitted by the Australian Embassy.
4) Elimination of zero tolerance for cut flower imports
Japan enforces a zero tolerance policy for imports of cut flowers, requiring fumigation if even one pest is found, regardless of whether such pests are harmful to Japanese agriculture. However, a scientific pest risk analysis should be used to evaluate imports from each country and a distinction established between pests requiring or not requiring quarantine.
5) Expanding fruit fly area freedom
Japan prohibits importation of Australian fruits because of the presence of Mediterranean fruit fly. However, except for the State of Western Australia, the Mediterranean fruit fly has been eliminated from the mainland of Australia. Japan should designate the region as area freedom from Mediterranean fruit fly, as the United States has done.
6) Lifting an import ban of Australian apples
Importation of Australian apples is prohibited because of the presence of Codling moth, Mediterranean fruit fly and Queensland fruit fly. Australia has been requesting lift of the import ban of apples for many years and has recently confined its request to Tasmanian Fuji apples, but is disappointed at the slowness of Japanese technical study. Permission to import Australian apples should be granted soon, in conjunction with consultation with other countries.
7) Lifting an import ban of Australian mangoes
Importation of Australian mangoes is prohibited because of the presence of Mediterranean fruit fly and Queensland fruit fly, but procedures to permit importation should be carried out soon.
8) Cold disinfestation treatment for imported oranges and lemons and transfer of inspection by Japanese plant quarantine officers
Importation of Australian oranges and lemons is permitted on condition that they undergo cold disinfestation treatment and that treatment be checked by Japanese plant quarantine officers. However, the expense of this inspection constitutes a burden on exporters. In the case of export to countries other than Japan, this inspection is carried out by Australian plant quarantine officers, and Japan should allow inspection by Australian plant quarantine officers as well.
The Colombian Embassy has raised the following complaints.
9) Introducing a pre-export inspection system for Colombian cut flowers
In order to promote Colombian cut flowers on the Japanese market, a pre-export inspection system, where Japanese plant quarantine officers are assigned to carry out product inspection in the exporting country, should be established in Colombia.
10) Lifting an import ban of Colombian fresh fruit
Importation of the following Colombian fresh fruit should be permitted.
* Regarding Colombian strawberries, the United States permits importation with a quarantine certificate from the Colombian government, and the EC permits importation without restriction. Since Japan permits importation of American strawberries fumigated with methyl bromide, it should permit importation of similarly treated Colombian strawberries.
* The United States permits importation of mangoes from all countries after hot water treatment. Japan should permit importation of similarly treated Colombian mangoes.
* Other countries permit importation of Colombian pitaya after hot water treatment and Japan should permit importation of such produce similarly treated.
4. Results of deliberation:
From the viewpoint of promoting imports, import inspection procedures for plant imports are also demanded to be simplified as far as technically possible, and import prohibition measures are also demanded to be minimized.
Accordingly, as provided for in the SPS Agreement, plant protection measures should be confined in scope to those designed to prevent the entry of harmful pests into Japan and based on scientific principles, and there should be clear explanations of the ground for each measure and of the inspection procedures required.
Regarding the respective issues raised in this complaint, conclusions based on scientific principles should be reached as soon as possible by clarifying the respective conditions and procedures necessary to make the improvements requested by the complainants, by talking with the exporting country authorities as soon as possible, by providing enough opportunities for the exporting country to express its views so as to fully satisfy the complainants, and by taking active steps to supply the necessary information.
Further, it is very important for Japan to make efforts to gain the understanding of other countries concerning the various systems in place. Accordingly, the content of English-language pamphlets should be expanded and improved to facilitate understanding.
Concerning the respective issues raised in this complaint, first, the ministry concerned will meet by import inspection and fumigation ones with the following measures.
Concerning 1) the matter of two-spotted spider mite found on New Zealand kiwi fruit, the New Zealand authorities have been shown data on the deference between two-spotted spider mite found in Japan and in New Zealand from the viewpoint of resistance to pesticides. The two countries are also currently studying scientific methods of proving whether the two-spotted spider mite found in Japan are of the same biotypes as those in New Zealand.
Concerning 2) the matter of insects found on asparagus, etc. from New Zealand, a similar study will be done, after receiving information concerning specific pests to be provided by the New Zealand plant quarantine authorities.
Concerning 4) the matter of pests found on Australian cut flowers, after receiving information concerning specific pests to be provided by the Australian quarantine authorities, a study like that in 1) above will be done. Further, based on the complainant's request, specimen sampling methods and size of specimens when quarantine inspection is carried out will be provided.
Regarding the above, in order to identify pests which are not a subject of quarantine as clearly as possible based on scientific principles in the future, development of methods of proving whether the pests in the complaints raised are the same strain or biotype as those found in Japan must be promoted. In addition, Japan should actively cooperate in the IPPC's pest risk analysis work to formulate an international agreement concerning such procedures.
Secondly, concerning lifting an import ban of prohibited plants, the concerned ministry is taking the following steps.
3) Regarding French apples, since the France submitted specific data when they repeated their request in December 1993 that imports be allowed, a technical study is being carried out by experts.
6) Regarding Australian apples, a proposal on experiment methods was made for technical data submitted by Australia at a plant quarantine experts' meeting with Australia in September 1993. Australia accepted the proposal and since additional experiments are currently taking place, procedures for lifting an import ban will be taken once results of these experiments are known.
7) Regarding Australian mangoes, at the above-mentioned meeting in September 1993, the tests carried out by Australia were approved and no problems were found either when on-site confirmation was carried out in February 1994. Accordingly, if agreement on quarantine measures can be reached at this year's meeting, procedures for lifting an import ban will be progressed.
10) Among the Colombian fruits mentioned in this complaint, steps to provide technical cooperation for vapor heat treatment of pitaya to disinfest Mediterranean fruit fly are being taken, and Colombian experts are being trained in Japan. Regarding fruits other than pitaya, specific requests from Colombia will be awaited and the matter of whether to allow importation after vapor heat treatment will be discussed in experts' meetings and soon.
Japan should provide sufficient detailed information concerning conditions for lifting an import ban and the procedures required, actively provide technical cooperation as far as possible, and speed up discussions on the above matters.
Thirdly, concerning item 5) fruit fly area freedom designation, the concerned ministry will receive detailed data from the Australian authorities, and will allow the designation if studies ascertain that the designated pest is not present in the area.
Regarding area freedom of the Australian continent, except for Western Australia, the complainant has pointed out that this designation has already been approved by the United States and the question of using the study results obtained at that time as well to carry out the necessary inspection quickly and to carry out designation should be studied.
Fourth, regarding item 8), confirmation of cold disinfestation treatment by Japanese plant quarantine officers, the concerned ministry has made cold disinfestation treatment a condition for importation, and since there have also been some troubles over recording the temperatures used for cold disinfestation processing, it will be necessary for Japanese plant quarantine officers to continue inspection.
As the complainant has pointed out, since quarantine is carried out in addition to this inspection when the fruits in question are imported into Japan, ways of lightening this inspection burden should be studied, and logical conclusions satisfactory to the both authorities involved should be reached as soon as possible.
Finally, regarding introduction of a pre-export quarantine system for Colombian cut flowers, the ministry concerned received a request from the Colombian government in April 1993, documents describing a plant quarantine system between Japan and Colombia were exchanged in September 1993 and the possibilities of such a system are currently being studied.
A conclusion regarding this matter should be reached as soon as possible, based on the exchange of detailed information.
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. Complaint:
Dairy products (butter, skimmed milk powder, condensed milk, etc.) designated in the Law concerning the Stabilization of Livestock Prices (Livestock Price Stability Law) and the Law concerning Temporary Measures on Deficiency Payment for Manufacturing Milk Producers (Deficiency Payment Law), are subject to buying and selling by the Livestock Industry Promotion Corporation (LIPC), and their ingredient specifications are set out in the two above laws.
Therefore, when LIPC imports designated dairy products, it entrusts the Japan Dairy Technical Association (JDTA) with inspections of the products based on the JDTA's "Inspection Method for Designated Dairy Products" (the inspection items set out in ordinances related to the Livestock Price Stability Law and to the Food Sanitation Law).
In general, when food products are imported, the Food Sanitation Law requires that the importer give an import notice to quarantine station. But in the case of dairy product imports, the products shall meet the specification standards set out in the "Ordinance Concerning Ingredient Specifications for Milk and Dairy Products" (ordinance of the Ministry of Health and Welfare).
In Australia, on the other hand, under the Export Control Act of 1982, dairy products are inspected before export by specified inspection facilities (inspection facilities certified by the National Australian Testing Association (NATA)) from the viewpoint of public health, and only products whose inspection results have been certified by the Australian Quarantine and Inspection Service (AQIS) may be exported.
Accordingly, the complainant believes that there is no need to repeat inspection in Japan and that inspection procedures should be simplified as follows and foreign inspection data accepted.
(1) Butter and skimmed milk powder imported from Australia can be assured to meet ingredients and specifications of the Livestock Price Stability Law before export by AQIS and the Australian Dairy Corporation, and therefore inspection data certified by AQIS should be accepted without conducting a repeat inspection.
(2) Testing facilities certified by AQIS and NATA have the capability of testing and certifying to the requirements of the countries to which products are being exported. Agreements to use Australian data have already been concluded with the governments of the United States, the U.K., New Zealand and Hong Kong. However, the inspection required by the JDTA has the following problems: dairy products imported into Japan are generally inspected according to the criteria set out in the "Grading Method for Foods, Beverages and Fats" (Notification 1074 of the Ministry of Agriculture, Forestry and Fisheries), but since the inspection items required by the JDTA's "Testing Procedures for Designated Dairy Products" include specified items related to the Food Sanitation Law in addition, criteria for specified item are stricter than those of the MAFF's notification.
(3) If products are eligible under the Registered Exporting Country Plant System which the Ministry of Health and Welfare is intending to introduce, they would be excepted from inspection under the Food Sanitation Law when imported, and since products manufactured in Australian dairy product manufacturing plants meet the standards demanded by the MHW, participation in the system by Australian dairy product manufacturing plants should be allowed.
When doing so, the sanitary conditions in individual Australian dairy products manufacturing plants are already registered with AQIS under the Export Control Act, and the Japanese and the Australian governments should sign an agreement permitting registration on the basis of information provided by AQIS.
(4) Regarding certification that dairy products contain no additives or preservations when imported, importers are sometimes requested to produce a certificate issued by the exporting country's government, but this requirement should be eliminated since products have already been inspected in Australia in public inspection facilities.
4. Results of deliberation:
(1) Regarding acceptance of foreign data concerning item of import inspections of designated dairy products required under the Food Sanitation Law, the LIPC should put it into practice such data immediately, under the implementation of the Pre-certification System for Imported Foods, etc. (registered exporting country plant system).
Regarding inspections carried out by the JDTA under the Price Stability Law and the Deficiency Payment Law, the complainant states that Australia has the capability of conducting inspections according to the requirement by the importing countries, and that inspection data from inspection facilities certified by NATA are actually being accepted by countries much further away than Japan (U.K., etc.). For this reason, considering that it is basically desirable to accept foreign inspection data, the LIPC should verify the above assertion made by the complainant and exchange views, in order to reach a conclusion soon concerning the possibility of using foreign data for the inspection items carried out by the JDTA.
(2) Since the complainant has pointed out that the current inspection criteria and methods used by the JDTA are unclear, the LIPC should prepare a guidebook or take other necessary measures, and if it decides to accept foreign inspection data, should explain clearly the inspection criteria and methods to the complainant.
(3) Receiving applications for registration of dairy product manufacturing factories through the Australian government, the MHW should immediately examine whether the factory(s) in question meets the necessary sanitation requirements for foods, and should register foods meeting these requirements.
In verifying the sanitation requirements, the MHW should consider using the AQIS registration data in light of the fact that the factories are already registered with AQIS in Australia.
(4) Regarding import notifications for imported dairy products, it was ascertained during the examination process that importers are not required to attach a certificate from the exporting country's government stating that the products do not contain additives or preservatives to the import notification form.
1-(4) Japan-New Zealand Harmonization of Testing Methods for Prepared Edible Fat (PEF)
1. Complainants: Australian and New Zealand Chamber of Commerce
2. Ministry concerned: Ministry of Finance
3. Complaint:
Japan does not permit imports of PEF containing more than 70% milk fat, but PEF which has been analyzed by New Zealand as having a milk fat content of less than 70% was analyzed by Japanese Customs as containing more than 70%. The complainants believe that analysis methods should be harmonized.
4. Results of deliberation:
There are no international standards for analyzing the product in question, and the study of analysis methods requires highly specialized knowledge. Discussions by persons in charge of analysis in Japan and New Zealand are needed, and the ministry concerned is currently scheduling such discussions.
This action has merit and both sides should reach mutual understanding soon regarding analysis methods.
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. Complaint:
Japan has been preparing improvement of imported food inspection procedures since 1991. The complainant holds that Australian inspection results should be accepted and inspection service for fresh foods at local airports should be expanded.
4. Results of deliberation:
On March 29, 1994, the ministry concerned introduced a Pre-Certification System for Imported Food, etc. (factory registration system). Under this system, foods imported into Japan certified beforehand as meeting the standards and specifications under the Food Sanitation Law will be registered and subject to simplified import procedures.
It is being considered to make a registration in the light of the certificate issued by the governments of exporting countries if the government issues a certificate indicating that its facilities, foods, and so on meet the regulation under the Food Sanitation Law.
Regarding extending operating hours at local airports, the complainant's requests have been accepted, and the hours have been extended at Chitose, Nagoya and Fukuoka airports. While further extension looks ineffective in view of the volume of applications received after this extension, other specific requests for improvement will be taken into account.
These actions will be appreciated. However the Pre-Certification System for Imported Food, etc. should be introduced soon and inspections simplified as much as possible. If the complainant presents further specific requests for improvement, these should be dealt with appropriately as well.
1-(6) Type Approval of Reverse Osmosis Drinking Water Treatment Systems by the Japan Water Works Association
1. Complainant: Embassy of the United States
2. Ministry concerned: Ministry of Health and Welfare
3. Complaint:
The Water Works Law stipulates that waterworks operators (municipalities, etc.) may refuse to supply their water or may reject applications for connection to the water supply, if the structure or materials of the water supply equipment (water pipes branching out from the waterworks operator's supply pipes and water supply fixtures directly connected to this) fail to meet standards, prescribed by their respective water supply regulations.
Individual waterworks operators, in accordance with their respective water supply regulations, specify that the products constituting the water supply equipment of water supply users (consumers) be limited to those which have received type approval from the Japan Water Works Association and which have been inspected by said Association, or which individual waterworks operators have approved as appropriate, etc.
The complainant has raised the following issues.
(1) Since type approval standards for water purifiers with reverse osmosis filters are not clearly described on the current Japan Water Works Association standards, it is impossible to receive type approval. Therefore, standards should be established immediately.
(2) According to the Japan Water Works Association, air gap construction is needed to prevent backflow from the water purifier to the water supply pipe. The water purifier in this complaint, while it has no air gap, is equipped with a backflow prevention valve between the water purifier and the water supply pipe. The main unit also incorporates devices to prevent backflow and to drain excess water to a sufficient degree. Therefore, there is no danger that backflow will occur, and this water purifier should be approved.
4. Results of deliberation:
(1) Regarding type approval for water purifiers, there are no standards relating specifically to water purifiers with reverse osmosis filters, but since current standards of the Japan Water Works Association take into consideration not only structure but performance as well, they can be applied to the water purifiers in question. Further, regarding backflow prevention devices located between water purifiers with reverse osmosis filters and the water supply pipe, the Association has determined that, it is sufficient that such water purifiers be equipped with a backflow prevention device that has the same backflow prevention capability as air gap construction. Accordingly, if the complainant applies for structure and materials approval for the water purifiers in question, equipped with a backflow prevention valve equivalent in place of air gap construction, the Association should begin examination immediately and decide in the near future whether to grant type approval.
(2) Given that having type approval by the Association is an especially favorable condition for entry into the water purifier market, the Association should deal with applications for type approval swiftly and appropriately. Also, from the perspective of responding quickly to technological innovation and the entry of new products into the market, the Association should study improvement of the type approval system.
1-(7) Relaxing Restrictions on Imports of Cosmetics and Perfumes
1. Complainant: French Embassy
2. Ministry concerned: Ministry of Health and Welfare
3. Complaint:
Under the provisions of Japan's Pharmaceutical Affairs Law, when cosmetics are imported a permit (in the case of cosmetics containing hormones, approval and permission) from the Minister of Health and Welfare is needed for each type of cosmetics product imported. The Law also states that the Minister of Health and Welfare may establish the necessary standards for cosmetics.
The complainant has raised the following issues regarding this system.
(1) It takes from 3-6 months to gain approval for import of cosmetics and perfumes, and this period of time should be shortened.
(2) Even ingredients already tested in European or American testing facilities must be retested in Japan, but foreign testing data should be accepted.
(3) Three types of ingredients made from formaldehyde (Germal 115, Dowicil 200, Glydant XL 1000), which are not allowed in Japan, are approved in Europe and the U.S., and their use should be permitted in Japan as well.
4. Results of deliberation:
(1) Regulations to ensure the quality and safety of cosmetics are necessary to improve public health and sanitation, but the question of whether the current system is fulfilling its purpose adequately should continue to be studied and regulation kept to a minimum.
(2) Regarding shortening the time needed for import approval, the fact that the ministry concerned will introduce an application and examination system using floppy disks for import approval procedures in FY1995 is a positive development. Active measures such as improving the examination system will be taken to speed up procedures and to improve the examination system.
The ministry concerned should continue to take steps to accept scientifically reliable foreign testing data and should clearly specify the testing data needed for import approval procedures and keep the required amount of data to a minimum.
The Central Pharmaceutical Affairs Council is already examining whether to accept the use of ingredients made from formaldehyde, and the concerned ministry should conduct this examination at as rapid a pace as possible.
2. Manufacturing and related area
2-(1) Relaxing Standards for Care Labellings of Clothing
1. Complainant: Keidanren
2. Ministry concerned: Ministry of International Trade and Industry
3. Complaint:
The Household Goods Quality Labeling Law and related regulations set out specific quality labelling provisions for textile goods, by type of textile (e.g. "composition of fiber," "home laundering instructions," "shrinkage," etc.). Where labelling for home laundering instructions is concerned, labels are required to carry pictorial instructions based on JIS standards.
Similar international standards (ISO standards) exist for pictorial instructions, but since ISO, different from JIS, has not testing and evaluation methods, when clothing manufactured abroad is imported and sold in Japan, the foreign pictorial instructions may not be used as they are, and Japanese labels must be produced and affixed separately. This constitutes a barrier to imports, particularly from developing countries, and raises the price of imported clothing (particularly low-cost articles).
The complainant states that the standards relating to care labellings of clothing should be relaxed as described below in order to eliminate such barriers.
(1) On pictorial instructions, permit the use of a color other than red for the mark of 'x' which means the prohibition symbol
(2) When there are no specific instructions (items with no specific instructions regarding dry cleaning, chlorine bleach, ironing, wringing, drying), allow that care labellings of clothing be dispensed with
(3) Regarding the method of affixing labels, these must currently be sewn on, but simpler methods, for example, pasting labels on the back of price tags, should be allowed as well
(4) The use of foreign pictorial instructions (at least those based on ISO) should be allowed in Japan
4. Results of deliberation:
(1) The fact that domestic and ISO standards for care labelling of clothing may differ in effect constitute a barrier to imports. However, it should be borne in mind that JIS standards for pictorial labels have spread widely among consumers and that at the time of the introduction of such labelling, the opinions of consumers and industries were solicited, considering that ordinary laundering methods in Japan and abroad may differ, and domestic standards were adopted taking such opinions into account.
Because of this, while harmonization of ISO and domestic standards should be promoted over the intermediate term, domestic standards should be fully established with promoting the convenience of consumers and the necessary measures should be taken.
(2) The actions taken by the ministry concerned regarding this complaint are as follows. Where changes are necessary, these should be implemented without delay.
1) With respect to mark 'x' which means the prohibition symbol, the provision regarding the color of 'x' in red will be abolished by amending JIS standards during fiscal 1994.
2) It is important that consumers should not suffer as a consequence of inappropriate laundering methods. In the simplest case, a label showing only "method of laundering" will be allowed. In that case, if the garment is made of a single fiber and is undyed, and if the manufacturer assumes responsibility of selling such garments as underwear, care labelling of clothing.
3) Regarding method of attachment of labels, for the convenience of consumers when laundering, labels must be attached in such a way that they will not come off from the garment during laundering, but attachment method will not be limited to sewing and other methods leg gluing labels etc. on will be permitted as well.
4) With respect to the use of foreign pictorial instructions in Japan, since testing and evaluation methods for the symbols used have not yet been specified by the ISO standards, pictorial labelling based on ISO standards does not provide objective decision-making criteria to consumers when selecting goods. Accordingly, it is difficult under the present circumstances to introduce a domestic rule permitting the use of foreign pictorial labelling in Japan.
However, the ISO is currently discussing the adoption of testing and evaluation methods for ISO standards concerning pictorial instructions of clothing, and if such methods are adopted in ISO standards, JIS will be reviewed immediately to harmonize JIS standards with ISO standards as far as possible.
2-(2) Improvement of JAS Standards for Radiata Pine
1. Complainant: Australian and New Zealand Chamber of Commerce
2. Ministry concerned: Ministry of Agriculture, Forestry and Fisheries
3. Complaint:
JAS standards for forestry products are set down according to use and grades are determined according to results of strength tests.
The complainant states that since there are problems with strength evaluation methods under JAS standards, radiata pine, the main afforested forestry product in New Zealand, is assigned an unfairly low grading and believes that JAS standards should be improved as described below.
(1) JAS 143: structural soft wood lumber
Radiata pine grows faster than other species, the correlation between average width of annual rings and strength is low, and the strength of the pith and the central core is low compared to other portions.
For this reason, under JAS 600 (structural lumber for wood frame construction), strength standards for radiata pine only are based on central core or pith, and not on average width of annual rings.
However, under JAS 143, newly established in 1991, standards according to average width of annual rings are applied to radiata pine as well, meaning that there is no compatibility and that therefore the standards applying to central core or pith under JAS 600 should be applied.
(2) JAS 702: machine stress rated structural lumber for wood frame construction
After using a machine to measure strength and grade according to strength of material, visual examination is carried out. But, in the examination, there are restrictions on the number of amount of knots which may be found on the edge (portion close to the edge on the long side of the lumber). Since it seem little correlation between amount of knots on the edges and strength, this regulation should be eliminated or relaxed.
(3) JAS 601: glued laminated timber and JAS 2054: structural glued laminated timber with large dimension
These regulations contain grades from A1 to B2, depending on species of conifer, and radiata pine is classified to grade B2 (the lowest grade).
However, grading of materials should be carried out according to test results, and since radiata pine may not always be graded B2 if tested, the current grades should be reviewed and regulations reviewed so that grading is done according to test results for each material.
4. Results of deliberation:
(1) Most of radiata pine has more than 6mm width between annual rings on an average but according to strength test results, under JAS600 for small cross section lumber used for 2 x 4 construction, radiata pine has sufficient strength. Thus the regulations for strength based on average width of annual rings do not apply, and regulations concerning central core or pith apply instead. For JAS 143, which is the standard for medium cross section timber used for current post-and-beam construction, however, since regulations based on average width of annual rings are used, radiata pine is assigned a low grade or sometimes even fails to meet JAS grading standards, and the complainant's assertion can be understood.
However, so far data on the average width of annual rings and the strength of radiata pine concerning JAS 143 and on the correlation between average width of annual rings and strength has not been collected.
Therefore technical evaluation on the possibility of establishment of the requirements of central core or pith for radiata pine concerning JAS 143 replacing that of the average width of annual rings should be carried out soon after the presentation of the necessary data provided by the compliant.
(2) Regarding the correlation between the number of knots on edges of lumber and strength, the ministry concerned and the complainant should promote a technical evaluation on the correlation considering data and other conditions in order to acquire mutual understanding.
(3) Regarding the revision of JAS 601 and 2054, in the case the complainant apply to participate in the elaboration process, the Japanese side should allow them and examine the possibility of classifying radiata pine in a higher grade based on objective test results to reach a logical solution to this issue.
Further, even if the species of tree is classified in a low grade, it is possible for some material made from the species to have the same strength as species classified in higher grades, and introducing standards for grading by mechanical means each time, using data and other sources, should be considered.
2-(3) Abolition of Possession License Based on the Guns and Swords Law for Automated Nailers which use gas explosive power
1. Complainant: Embassy of the United States
2. Ministry concerned: National Police Agency
3. Complaint:
Products for industry use such as automated nailers are subject to the regulation of the Firearms and Swords Control Law (hereafter referred to as the "Guns and Swords Law") should be determined, after examination in the light of the purpose of the Law to prevent danger and harm, in proportion to their firing power, capacity to wound or kill, or whether they are likely to be used as a weapon to commit a crime (portability in particular).
The National Police Agency has determined that U.S.-made automated nailers which use gas explosive power fall under the category of air guns (including those using compressed gas) under the "gun" classification of items regulated under the Guns and Swords Law.
On the other hand, from their functional conditions in time of use, The National Police Agency has determined that automated nailers using compressed air do not come under the air gun classification, because N.P.A considers that the automated nailers using compressed air require an electric outlet at all times, and are connected by a hose to separate air compressors which may be available for various purposes, therefore there is little risk of their being used by criminals to commit crimes.
Persons intending to own automated nailers subject to the Guns and Swords Law must apply for registration, in case of dealers, or possession license, in case of industrial users, to the prefectural Public Safety Commission, according to the procedures and by the application forms required by the law and the related ordinance.
When importing or selling U.S.-made automated nailers which use gas explosive power, applicants are required to have a possession license under the Guns and Swords Law. Since application procedures are complicated and granting of license takes a number of days, this constitutes a barrier to entry into the Japanese market. Japan is the only country to have such a regulation among those to which the U.S. exports such products and the complainant believes that this regulation should be abolished or eased as described below.
(1) The product in question, compared to automated nailers using compressed air which are widely manufactured and used in Japan and which do not fall under the Guns and Swords Law, has less capacity to wound or kill and is equipped with a superior safety mechanism, and should therefore be exempt from regulation under the said law.
(2) If the product cannot be exempted from regulation, current procedures for possession license are too strict and should be relaxed.
4. Results of deliberation:
Whether to apply the Guns and Swords Law to respective automated nailers must be determined carefully depending on the possibility of criminal use of such items, and taking into consideration the national consensus on gun possession. The item in question, while it is equipped with a safety mechanism, can easily be fired in the air, and since it is very portable, there is a substantial risk that it can be used as a weapon in crimes. Accordingly, it is inappropriate to remove it from the controls of the Guns and Swords Law at the present time.
On the other hand, continual technical improvements being made on its portability contributes in general to the user's convenience and greater industrial productivity. The issue of whether the item should continue to be regulated should be reexamined from the viewpoint of possible use as a weapon, in case there is some development in the future of its safety mechanism to prevent firing in the air.
Regarding the current procedures for obtaining a possession license, these should be improved, by simplifying requirements and such. The agency concerned will issue a directive to all prefectural police headquarters to carry out improvement listed below (para 1-9) by the end of May 1994 as target time, and will disseminate information regarding relaxed license application procedures, in order to lighten as much as possible the burden on dealers and users under the present system.
(1) The type of documents required will be standardized nationwide while different documents are required by respected prefectures.
(2) At the time of application, documents mentioned in 1) above will be confined to those mentioned in the law and the related ordinance. When any additional documents are needed in the course of examination of the application, these should be kept to a minimum, and such cases will be limited in case where it seems necessary to prevent harm.
(3) Dealers will be allowed to present application, when based on a power of attorney completed by the person applying for possession license.
(4) Sales clerks employed by dealers already registered with the Prefectural Public Safety Commission are allowed to give a demonstration for sales promotion purposes, and this point will be disseminated.
(5) When registering employees capable of using the item under the supervision of the possession license holder, there is no restriction on the number of users to be registered, and this point will be disseminated.
(6) The time needed for permit procedures will be shortened as much as possible.
(7) Changes in employees registered as capable of using the item under the supervision of the possession license holder must be reported, but the change will be processed in a much shorter time than the initial application.
(8) Procedures will be simplified and processing time shortened in issuing license allowing the use of an alternate nailer in case of breakdowns, de facto, by simple verification of the alternate machine and the user.
(9) The standards concerning storage will be standardized nationwide, while it differs by respective prefecture.
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. Complaint:
The complainant has raised the following issues
(1) Testing procedures for refrigerant recovery equipment should be simplified and harmonized with standards set by the U.S. Environmental Protection Agency.
(2) A directive was issued in October 1992 by the Department recommending that absorption chillers should be used instead of centrifugal chillers for the construction ordered by Government Building Department of Ministry of Construction to eliminate CFC pollution. However, since it is now possible for the United States to supply centrifugal equipment using alternate refrigerants HCFC 123 and HFC134a, developed through new technology free from CFC pollution, Japan should amend its directive to make these eligible for the construction ordered by Government Building Department of Ministry of Construction.
4. Results of deliberation:
(1) Regarding duplication of U.S. and Japanese standards for refrigerant recovery equipment, since the Department has recognized that it would he useful to exempt inspection items overlapped between U.S. and Japan, it is intending to examine after specific proposal from the complainant. The complainant is also prepared to cooperate, and both sides should cooperate to make progress in introducing foreign testing results.
Regarding harmonization of the two countries' standards, discussions between the two sides should continue.
(2) Regarding the use of alternate refrigerants in the construction ordered by Government Building Department of Ministry of Construction, a directive was issued by the Department in April 1994 approving the use of HFC134a, which has an ozone depletion factor of 0, and this is a positive step.
Regarding HCFC123, however, since its ozone depletion factor is not 0, the Department has not included it in the construction ordered by Government Building Department of Ministry of Construction, and efforts are being made to gain the understanding of the complainant regarding this step.
2-(5) Harmonization of Standards for Motorized Wheelchairs with International Standards
1. Complainant: British Embassy
2. Ministry concerned: Ministry of International Trade and Industry
3. Complaint:
JIS standard of motorized wheelchairs specified two types for "indoor/outdoor use" and for "outdoor use." The ISO also has standards for motorized wheelchairs which may be used indoors. With regard to the dimensions for motorized wheelchairs, JIS standards for motorized wheelchairs for "indoor/outdoor use" and for "outdoor use" and ISO standards (for maximum dimensions in all cases) set identical items required in standards.
The complainant states that although JIS is a voluntary regulation, Japanese businesses are reluctant to deal in products which do not meet JIS standards, and that British-made motorized wheelchairs, which are basically made to be used outdoors, and are thus difficult to sell in Japan because British made motorized wheelchairs are larger than the JIS-specified dimensions. Accordingly, in order to remove this barrier, the complainant requires that JIS-specified dimensions for motorized wheelchairs for "outdoor use" should be changed to larger figures or eliminated altogether.
4. Results of deliberation:
JIS standards for motorized wheelchairs for "outdoor use" are meant for "motorized wheelchairs intended to cover medium distances mainly out of doors," and are set to allow wheelchair users to negotiate doors, slopes and elevators inside public facilities without encumbrance.
Products like the wheelchairs in this complaint, which are manufactured to be used mainly outdoors, were not considered when JIS standards were established. However, with regard to standards for dimensions, JIS standards state that "However, excepting where particularly specified" and thus allow dimensions larger than those set down in the items required in JIS standards. This means that the motorized wheelchairs mentioned in this complaint are not excluded from JIS standards. The ministry concerned has ruled that when other required items in the JIS corresponding standard are met, there is no problem in declaring for manufacturers and others that the motorized wheelchairs in question meet JIS standards. This matter of meeting the content of JIS standards for motorized wheelchairs has already been explained to the complainant, and if there are other problems concerning sales of this product, the parties concerned should continue to study the matter.
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. Complaint:
(1) Before each vehicle obtains initial registration, it must undergo initial inspection by the government to be certified as conforming to the Safety Regulations for Road Vehicles (the Safety Regulations). In order to make this inspection process more efficient, type approval systems such as the type designation system (TDS) and the type notification system (TNS), have been adopted.
Under TDS, examination of the method of completion inspection and the quality control system at the manufacturer is carried out, in addition to examination of an actual sample vehicle. As a result, the manufacturer can perform completion inspection instead of initial inspection carried out by the government for the vehicle designated under this system by verifying that each vehicle conforms with the Safety Regulations and is of the same model as the designated type.
When TNS is used, since an actual sample vehicle has been examined, initial inspection can be simplified when each vehicle is registered.
The complainant states that foreign manufacturers must bear substantial burden such as cost to carry out completion inspections which conform with Japanese inspection items and inspection methods. It also says when sample vehicles have been examined under TDS or TNS by the Ministry of Transport, each vehicle's uniformity and conformity with the Safety Regulations is ensured by the manufacturer's quality control procedures. Therefore, it claims that the law should be changed to eliminate initial inspections and completion inspections (including spot checks).
(2) Durability tests are designed to ensure that the performance of exhaust emission control devices conforms to the Safety Regulations sufficiently after long-term use. In Japan, testing is carried out after 30,000 km-driving (catalyst endurance test is performed after 80,000 km-driving). In the U.S. testing is currently done after 80,000 km-driving and after 1996, will be carried out after 160,000 km-driving.
In Japan, endurance test for each automobile model of different engine type (classified according to engine displacement) is required, but in the U.S., even if engine displacement differs, as long as certain conditions are met, the engine family concept is use and test results for one model may be applied to other models as well.
New U.S. regulations provide that endurance test method devised by the manufacturers which the Environmental Protection Agency (EPA) has approved to place the same burden as a 160,000 km running test on exhaust emission control devices can substitute for the endurance test of 160,000 km running.
In Japan at present, endurance tests for imported automobiles do not necessarily have to be carried out, when the performance of the exhaust emission control devices after long-distance use can be estimated based on the deterioration index (index showing the degree of deterioration in the performance of exhaust emission control devices due to long-distance use) obtained from results of endurance testing in the U.S.
The complainant states, with regard to accepting the deterioration index obtained from U.S. endurance test results, that the engine family concept used in the U.S. should be adopted so that the deterioration index for vehicles of large engine displacement within a certain range is applied to vehicles of smaller engine displacement as well, and that deterioration index figures obtained from testing methods which are thought in the U.S. to be equivalent to the 160,000 km running test is accepted.
(3) In Japan, to prevent catalyst deterioration and damage to the vehicle or vehicle parts due to overheating of the exhaust emission control devices (catalytic converter), a heat-damage warning device which operates when the catalyst reaches a certain temperature must be installed.
The complainant states that no such warning device is required to be installed in the U.S. or Europe, and that this requirement places cost and other burdens on U.S. and European manufacturers when exporting vehicles to Japan. From improvements of quality, reliability and durability in engines and catalytic technology, and the development of device which monitors combustion in the engine and cut off fuel supply in case of imperfect combustion, and which warns of engine trouble, it is unnecessary to install a heat-damage-warning device. Therefore, it claims that requirement of this device should be abolished.
4. Results of deliberation:
(1) With today's highly developed automobile manufacturing technology, vehicles produced by manufacturers with appropriate quality control systems can be assumed to fully conform to type uniformity and conform to the Safety Regulations. For this reason, in many countries in Europe government authorities conduct examinations of quality control systems of the manufacturer when granting type designation and let the manufacturer have a responsibility meet type uniformity requirements and conform with the Safety Regulations.
The ministry concerned accepts as completion inspection not only an inspection whose method is specified by the Japanese government but also an appropriate inspection which is composed in the part of manufacturers' quality control system, and has been trying to promote this more flexible practice in recent years. In addition, in order to lighten the burden in the application procedure on the applicant, only a simple document examination has been carried out to determine whether inspection methods are appropriate. Furthermore, in light of this complaint, circular notices will be issued to further clarify this policy and ensure that all parties concerned are fully informed.
This policy is a positive step which will help reduce the cost involved in type designation system and encourage the switch from TNS to TDS, which does not require government inspection of every single vehicle. As a result, it helps reduce the inspection burden on imported car dealers.
Accordingly, we believe that this policy will remedy this particular complaint, and progress in implementing this policy will be monitored in the Market Access Ombudsman Council.
(2) Since the time and cost required for endurance testing place a heavy burden on foreign manufacturers and imported car dealers producing or handling the small number of vehicles of specific types, it seems appropriate to comprehensively accept deterioration indices based on foreign test results as much as technically possible.
Regarding the engine family concept, the ministry concerned has begun compiling data on the correlation between engine displacement and the durability of exhaust emission control devices with a view to adopting the same method as the U.S., and a conclusion is expected to be reached within this year.
Concerning acceptance of deterioration indices obtained by testing methods developed by manufacturers to replace the U.S. endurance tests, each index will be studied after it is explained.
This is a positive step which should be promoted soon to reduce the inspection burden as much as possible.
(3) As concerns with the heat-damage-warning device which is installed to prevent pollution and ensure safety, other means should basically be allowed as long as they conform to the original purpose of this device. Therefore, bearing in mind actual occurrence of overheating, related regulations in foreign countries, and alternative means available, a conclusion leading relaxing or eliminating this requirement, which is satisfactory to the complainant, should be reached.
The ministry concerned will study the equivalence of new devices with the heat-damage warning device and it is expected that a conclusion will be reached this year. The new devices include the device which warns imperfect combustion in the engine and another device shown by the complainant such as the device which cuts off fuel supply in case of imperfect combustion. These devices are to be accepted if they have equivalent functions to the heat-damage warning device.
These are positive actions and study should be undertaken soon in line with this policy.
3-(2) Relaxing Domestic Regulations on Batteries for Electric Vehicles
1. Complainant: Keidanren
2. Ministry concerned: Ministry of Home Affairs
3. Complaint:
There has been progress in the development of sodium sulfur batteries for use in electric vehicles over the past few years. Both sodium and sulfur, which are used in these batteries, are classified as hazardous substances under Japan's Fire Services Law and their handling and storage are regulated.
The complainant states that such regulation constitutes a barrier to the import of sodium sulfur batteries and samples of electric vehicles powered by such batteries, and that current regulation will make future imports of such vehicles on a commercial basis difficult. However, since the spread of electric vehicles in the future should be encouraged from the viewpoint of preserving the environment, regulations concerning the handling of sodium sulfur batteries should be relaxed and test runs of electric vehicles powered by such batteries on public roads allowed.
4. Results of deliberation:
Since sodium sulfur batteries are expected to spread in the future as an energy source for electric vehicles, the safety of sodium sulfur batteries using sodium and sulfur as an energy source for electric vehicles should be studied immediately. From this viewpoint, the ministry concerned in the regulation has obtained a budget allocation for such a study in the fiscal 1994 budget and will examine the matter. Further, in addition to this study, in order to coordinate with other ministries and agencies concerned, the issue of handling sodium sulfur batteries used by the general public as an energy source for electric vehicles should be studied immediately as well.
3-(3) Relaxation of Regulations Concerning Motorcycles
1. Complainant: Embassy of the United States
2. Ministry concerned: National Police Agency
3. Complaint:
In Japan, the following regulations apply to motorcycles under the Road Traffic Law.
(1) On expressways and motorways, it is not permitted to drive a motorcycle on which anyone other than the driver is riding (hereafter referred to as "tandem riding").
(2) When granting licenses for driving motorcycles, the Public Safety Commission is allowed to restrict the types of motorcycles which can be driven according to level of driving skill.
Based on this, the examination content of motorcycle driving examination about the technical skill differs according to the following total engine displacement classifications, and the types of motorcycles that persons passing driver's examination for 1) and 2) below can drive are restricted.
1) total engine displacement of 125cc or less
2) total engine displacement of 400cc or less
3) unlimited total engine displacement
skill test are exempted from driver's license examination about the technical skill given by the Public Safety Commission.
(3) The maximum speed limit for vehicles on expressways is 100 km/h for large passenger and ordinary motor vehicles (hereafter referred to as "automobiles") and 80 km/h for motorcycles.
The complainant states that such regulations, which do not exist in other countries, impede the spread of motorcycles with total engine displacement of over 400cc (hereafter referred to as "large motorcycles") and make access to the Japanese market difficult for American and European manufacturers, who produce mainly large motorcycles, and that these regulations should be amended as follows.
(1) Japan bans tandem riding of motorcycles on expressways and motorways, but no industrialized country except Japan and Korea has such a regulation.
It is contradictory to allow tandem riding of motorcycles on ordinary roads, which have many intersections, complicated traffic flow and numerous pedestrians, and to ban tandem riding on expressways and motorways where there are no intersections or obstacles, and no pedestrians.
Accordingly, the prohibition on tandem riding of motorcycles on expressways and motorways should be abolished.
(2) In Japan, in order to acquire a license to drive a large motorcycle, it is necessary to pass a driver's examination about the technical skill more difficult than driver's examination about the technical skill for smaller motorcycles. However, in the United States, which requires no special driver's examination about the technical skill for large motorcycles, it is clear that there is no correlation between engine size and motorcycle accident frequency.
Therefore, the complainant wants the system of requiring different driver's examinations about the technical skill, with total engine displacement of 400cc as the borderline, abolished.
In addition, driver's examination about the technical skill for large motorcycles are administered only at public driver's examination facilities (there is no provision for exempting persons passing technical skill test at designated driver's schools from driver's examination about the technical skill), and since these driver's examination are held infrequently, depending on the area, making difficult to obtain a license for large motorcycles, the complainant wants this system improved as well.
(3) In Japan, the expressway speed limit for automobiles is 100 km/h, while that for motorcycles is 80 km/h, but no industrialized country except Japan has such a rule.
It is incomprehensible that motorcycles on expressways are required to move 20 km/h slower than surrounding vehicles, as this is in fact more dangerous to drivers of both motorcycles and automobiles.
Accordingly, the complainant wants the speed limit for motorcycles to be raised to 100 km/h.
4. Results of deliberation:
(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 should be studied and this regulation reviewed if it is determined that there are no problems regarding safety.
(2) Designated driver's schools offer training for small- and medium-sized motorcycles, but none for large motorcycles. Therefore, the system exempting persons who have passed the technical skill test at designated driver's schools from driver's license examination about the technical skill does not apply to those wishing to acquire a driver's license for a large motorcycle.
The concerned agency should promptly study this issue, including review of the law, 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 examination about the technical skill administered by the Public Safety Commission.
Study of the issue of whether to require different driver's license examination about the technical skill, with total engine displacement of 400 cc as the borderline, should 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, the agency concerned must show data providing a rationale for this in order to satisfy the complainant. If this cannot be done, this regulation should be reviewed.
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. Complaint:
Japan's Ship Safety Law mandates that ship hull must meet the specified orders (the regulations for Construction of Steel Ships, etc.).
The complainant has raised the following issues regarding this system.
(1) The International Maritime Organization (IMO) is currently studying the formulation of international standards for high-speed crafts. These standards are scheduled to be adopted during 1994, and Japan should act speedily to harmonize domestic standards with these standards and inform the Australian Embassy in Japan clearly of this in writing.
(2) As an interim measure until domestic standards are reviewed, existing domestic standards should be clarified. Specifically, the Australian Embassy in Japan should be informed clearly, in writing, concerning
1) that aluminum vessels (e.g. high-speed car ferries) should be brought under the current approved standards for steel vessels, and
2) additional requirements for fire resistance when this is done.
4. Results of deliberation:
(1) Regarding compatibility with IMO standards, the intention of the ministry concerned to harmonize domestic standards with the IMO standards once they are adopted is a positive step. The ministry concerned should actively participate in and support the IMO study of the matter, and should harmonize domestic standards as far as possible, in time for the scheduled implementation of the IMO standards in 1996.
(2) As an interim measure, the ministry concerned has sent an explanation in writing on how the issue raised will be handled, which has satisfied the complainant, and this is a positive step. The ministry concerned should continue to spread the information in this document and make sincere responses if further inquiries are received concerning this matter.
4. Construction area
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. Complaint:
Testing for fireproof property, to determine resistance to heat in the event of fire, is carried out on the posts, beams, walls, floors and other principal structural elements of buildings. Testing is done mainly by a heating test, which involves heating samples from the main structural elements in a furnace heated at a specified temperature for a set time and measuring the temperature of the steel, to test the insulating capacity of fireproof coating materials.
The heating test carried out in Japan is based on Construction Ministry Notification No.2999 of 1969.
First, this Notification specifies the allowable temperature range of the steel (in the case of posts and beams, an average steel temperature of 350 °.C or less), but this is lower compared to various foreign standards.
Secondly, the temperature of the steel is determined by measuring the maximum temperature reached, including a rise in temperature after heating is completed, while in other countries the temperature of the steel when heating is completed is taken as the maximum temperature.
Thirdly, unlike other countries, actual temperature measurement, in the case of beams, is done by averaging the temperatures of the points measured by each three areas of the steel (upper flange, web, lower flange), to determine whether the temperature of each portion remains within the allowable range.
Accordingly, this means that in Japan, fireproof coating materials mentioned in this complaint must be at least 1.5 times and occasionally 3 times thicker compared to other countries.
The complainant holds that with regard to the three points mentioned above, Japanese standards and measurement methods should be harmonized with those of other countries, and that Japan should allow the use of materials which have been approved abroad.
4. Results of deliberation:
The ISO is currently coordinating for the establishment of international standards for fireproof property test. In response to the ISO's work in this area, the ministry concerned is currently studying specific policies relating to harmonizing fireproof property testing methods internationally, under "Development of Technology for Rational Testing and Evaluation System for Fire Safety Performance of Building" (FY1993-97), a General Technology Development Project. Once a final international standard is formulated, harmonization should be carried out as soon as possible, regardless of whether the project is still ongoing. And prior to this, testing methods should be harmonized with those of other countries as much as possible, based on the directions of ISO harmonization in mind and barring any safety risks.
Specifically, regarding the first point raised (maximum temperature), because there is a corresponding decrease in the strength of steel when temperature rises during a fire, with the steel becoming unable to bear a load once a certain temperature is reached, the issue is to determine the maximum allowable temperature to obtain the needed standard of strength in accordance with load limit. This needs comprehensive study, from the viewpoint of international harmonization, after a thorough investigation of the relation between allowable maximum temperature and load limit in other countries. Regarding the second and third points (temperature measurement methods), this is basically a matter of how the heating test is practically carried out, and after investigating the reasons for this and the methods used by the ISO and foreign countries, the necessary international harmonization should be implemented soon.
The ministry concerned, on receipt of this complaint, insists that the first point must be examined very carefully, since steel reaching a certain temperature becomes unable to bear a load, leading to building collapse. The ministry will aim at determining the direction of study by the end of June 1994. Regarding the second and third points, the ministry will aim at making a draft improvement plan for the testing methods by the end of August 1994, after confirming safety by necessary experiments in the above-mentioned development of technology. These issues should be logically resolved in this way.
From the viewpoint of harmonizing building standards and certification system with international standards, the ministry concerned supports the introduction of a mutual recognition system and is discussing the matter with foreign related authorities. Including the system mentioned in this complaint, performance evaluation according to foreign certification bodies should be accepted soon, based on results of discussions with foreign counterparts.
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. Complaint:
Wallpapers can be certified as a fire preventive material by setting conditions for base layer, weight by surface area unit, and fireproofing processing method. There are two types of certification: "Individual Certification" or "Simplified Certification". In Individual Certification, each type of product undergoes testing set out by the Construction Ministry, and each is individually certified.
Simplified Certification, on the other hand, applies to each of five types of wall coverings, classified according to their main constituent substance such as woven material, vinyl and so on, and generally to the wallpapers which do not come under these classifications (Specified Wallpapers), for which the Wall Covering Materials Association, an industry group, receives comprehensive certification according to their materials, installation method, and so on. Simplified Certification, in which the Association certifies that each product type meets the certification standards, and where the necessary fire preventive property tests are done, thus exempts individual manufacturers or sellers from some of the tests required by the Construction Ministry and makes it possible to obtain certification for each product type.
In the United States and Europe, woven wall coverings made of fire retardant polyester, a material itself which is fire retardant and does not require application oil fire retardant chemicals, are used. However, these do not fall under any of the five product classifications according to constituent material of the Simplified Certification system. Further, foreign manufacturers have had difficulty understanding the certification requirements for obtaining Simplified Certification under the 'Specified Wallpaper' designation.
Regarding U.S.-made vinyl wallpaper, when foreign manufacturers attempted to obtain Simplified Certification, they had difficulty understanding the intent of Simplified Certification.
For this reason, the complainant believes that woven wall coverings made from fire retardant polyester should be eligible for Simplified Certification as a fire preventive material, and that active and cooperative steps should be taken to make information available to importers and foreign manufacturers regarding the Japanese certification system and procedures required.
4. Results of deliberation:
The intent of the Simplified Certification system is to simplify performance testing for materials whose fire preventive properties are known or for materials which are known to have sufficient fire preventive properties on the basis of accumulated results of individual certification. Accordingly, foreign-made wallpapers confirmed as having sufficient fire preventive properties should be made eligible for Simplified Certification and testing simplified.
The ministry concerned is currently discussing with the complainant the fire preventive properties of the product mentioned in the complaint. Products meeting the necessary requirements should be handled as eligible for Simplified Certification.
It is also undeniable that information for foreign manufacturers, etc. concerning the Simplified Certification system through the Association has been insufficient. From the viewpoint of improving market access, it is important to provide information on the Japanese building standards and certification system, including the subject of this complaint, to both domestic and foreign manufacturers. For this reason, the ministry concerned established a consultation point on these systems on April 1, 1994, handled by the Association of International Communication for Building and Housing. The Wall Covering Materials Association is also planning to publish a pamphlet explaining how the Simplified Certification system works. These means are needed to help foreign manufacturers and so on, understand the system in question.
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. Complaint:
The two-story house in this complaint is similar in structure to a barrel, with outer walls consisting of 28 panels held together by hoops from the outside, and with the outer walls supporting the weight of the roof. Unlike traditional Japanese construction, this eliminates the need for posts to support the roof and yields large, unobstructed space. This type of housing, since it is built according to this special method, does not meet Japanese building standards and needs a certification by the Minister for Construction according to Article 38 of the Building Standard Law that it meets or exceeds the safety requirements set out in the Building Standard Law.
The complainant has pointed out that since structural calculation methods used for buildings built according to domestic construction methods were used in the technical examination to certify one-story housing built according to the above-described method, various strengthening measures were imposed, lowering the product value of the structure.
Therefore, the complainant believes that this type of structure should be certified under Article 38 using examination methods appropriate for the structure in question.
4. Results of deliberation:
Certification under Article 38 of the Building Standard Law is intended for structures built according to different methods than domestic building methods, and while examination for safety must be conducted carefully and strictly, methods other than those for domestic building methods may be used for structural calculation. The most appropriate method of evaluating the safety of the structure should be used, as far as possible in technical terms.
Accordingly, in this case, examination should be carried out soon to satisfy the complainant, using a structural calculation method appropriate to the structure in question.
The ministry concerned, based on discussions with the complainant, is currently studying structural calculation methods appropriate for the structure.
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. Complaint:
Under the Export Trade Control Order based on the Foreign Exchange and Foreign Trade Control Law, the export of "strategic commodities" requires in principle a license from the Minister of International Trade and Industry on each occasion, even when the goods concerned are being returned to the original exporter because of a defect or complaint.
Other countries also have security export controls. While the strategic commodities concept itself is shared virtually by them, the decision concerning whether a specific item comes under the strategic commodities and the export application procedures are left up to the individual countries.
It should be noted that the United States' Export Administration Regulations (EAR) has a general license system which greatly simplifies export application procedures, and which makes it possible to return goods, even if they are classified as strategic commodities, to the original exporter in any country except for certain specified ones, without obtaining individual export licenses.
Given the above, the complainant believes that Japan should have a system similar to that of the United States to facilitate export of returns, enabling returns to be made to the original exporter without obtaining an individual export license.
4. Results of deliberation:
On April 1, 1994, a general bulk license system was introduced for strategic commodities (with the exception of weapons and others) under which after initial application is made, individual application is unnecessary for a specific period. With this system, if the destination is the United States or other western countries, exports of the strategic commodities, including re-export of returns to the original exporter as a result of a complaint and so on, are allowed for a specific period. There by the return re-export application procedures have been greatly reduced.
Further, regarding the license authority for strategic commodities which are being re-exported for return to the original exporter because of a complaint, destinations for which the authority of the Ministry of International Trade and Industry for export license is delegated to the Heads of Customs will be expanded, taking actual workload into consideration and bearing in mind the spread of the general bulk license system.
These revisions will resolve the complaint raised to a considerable extent, but the ministry concerned should continue to simplify procedures as much as possible in the future.
5-(2) Improvement of the JIS Yearbook and enhancement of harmonization between JIS and International Standards
1. Complainant: Australian and New Zealand Chamber of Commerce
2. Ministry concerned: Ministry of International Trade and Industry
3. Complaint:
JIS Yearbook has description on Japanese Industrial Standards (JIS) which are of interest to foreign business organization.
It was pointed out by the Complainant that effort should be made to elevate the harmonization rate between International Standards and JIS standards, and to present the relation of the two standards (more specifically as to whether the harmonized standards exist or not), as well as the future plan for progressing harmonization between them.
4. Results of deliberation:
At present, 66 percent of JIS standards corresponding to International Standards are harmonized. Utmost attention has being paid to progressing harmonization between International Standards and JIS standards at the time of establishment and revision of JIS standards at the ministry and agencies concerned. Still more stringent attention will be paid to make progress of harmonization from the perspective of international harmonization at the time of review of JIS, excluding that relating to the fields specified as exceptions in the GATT Standards Code. Based on this inquiry, efforts will be made to improve the contents of the JIS Yearbook.
This attitude should be appreciated, and not only to promote harmonization between JIS standards and International Standards, but also to maximize the benefit and usability of the foreign users, expedited action should be taken to present the relation between the two standards in the yearbook.