Provisional Translation
| OTO No. | 599 | Classification | MOT-54 |
|---|---|---|---|
| Date of Acceptance | June 29, 1999 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Transport | Related Laws | Road Vehicles Law |
| Complainant | Domestic association | Exporting Countries | |
| Subject | Simplification of handling of parallel import automobiles | ||
| Description of Complaint | (1) Following a directive dated March 15, 1999, in the name of the head of the Technical Planning Section, Technical Safety Department, Road Transport Bureau of the Ministry of Transport (partial amendment to the directive titled "Handling of details, relating to instructions for handling parallel import automobiles," - hereafter referred to as "the directive"), since April 1, 1999, importers are now required to submit one copy for each vehicle imported through parallel import of an "original certificate from the manufacturer of the parallel import vehicle for which notification is being made," which shows the vehicle number, etc., as a "certificate proving conformity with safety regulations." (2) However, in the case of parallel import vehicles, which are imported directly from foreign dealers without going through manufacturers' domestic dealerships, it is in effect impossible for parallel importers, who have no dealings with manufacturers, to obtain one original manufacturer's certificate for each vehicle thus imported. (3) On the other hand, although this is not always necessary when parallel import vehicles are labeled as conforming to foreign regulations equivalent to domestic technical regulations, in the case of European automobiles, since portions of ECE regulations do not conform to domestic technical regulations, even though the vehicles may be labeled as conforming to ECE regulations, they do not conform to domestic technical regulations as is and conformity must be proven separately, following the procedure described above. (4) The directive has made it particularly difficult to conduct parallel imports of European automobiles. Accordingly, the directive should be rescinded and the documentation formerly used for certifying conformity with safety regulations be accepted once more. |
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| Details of Measures | 1. The ministry replied as follows. (1) Concerning changes to the test speed for rear impact collisions in the regulations for preventing fuel leaks in the case of collisions, etc. and adoption of new regulations for protecting occupants in the case of front impact collisions, it is necessary to confirm conformity with domestic regulations at the time of new vehicle inspection and follow-up inspections, predicated on carrying out destructive testing of actual vehicles. (2) However, taking into consideration the fact that carrying out destructive testing of individual vehicles imported by parallel import would render the said vehicles unusable, which would be a major burden on importers, the matter was handled by requiring importers to obtain from and submit an original certificate "proving conformity with safety regulations" from the (foreign) manufacturer for each said vehicle at the time of new vehicle inspection, instead of conducting destructive testing. (3) In addition, the directive (dated March 31, 1997; Road Transport Bureau - Technical No. 62) was partially amended on June 22, 1999, and for vehicles which meet evaluation criteria, after being tested for technical regulations at domestic public testing facilities or foreign testing facilities designated by the Ministry of Transport, test result certificates issued by the said testing facilities will be handled in the same way as documents "certifying conformity with safety regulations." 2. After this reply, the ministry took the following actions. |
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| Classification of Processing | A | Directions | II-a |
| Remarks | |||