| OTO No. | 612 | Classification | MOT-48 | |
|---|---|---|---|---|
| Date of Acceptance | October 25, 2000 | Ministry/Agency Receiving Complaint | Cabinet Office (Economic Planning Agency) | |
| Responsible Ministries | Ministry of Land, Infrastructure and Transport (Ministry of Transport) | Related Laws | Road Vehicles Law | |
| Complainant | Republic of Korea Embassy in Japan (Proxy complaint) | Exporting Countries | Republic of Korea | |
| Subject | Driving of South Korean special vehicles in Japan | |||
| Description of Complaint | Japan has permitted temporary import customs clearance for South Korean travelers' passenger cars and these cars can be driven without registration under the "Law Concerning Special Exceptions to the Road Vehicles Law for the Implementation of the Treaty on Road Traffic." On the other hand the Ministry of Finance revised the "Customs Clearance for Vehicles Imported or Exported aboard International Ferries" (MOF Customs No. 849) and other rules on April 1, 2000, and temporary import customs clearance for special vehicles including freezer vehicles was permitted. But no measure has been taken to exclude such vehicles from those subject to the Road Vehicles Law. Therefore, it is in fact not possible to drive such vehicles in Japan. Accordingly, the government should promptly develop relevant laws to allow driving South Korean special vehicles in Japan in the same way as passenger cars from the viewpoint of reciprocity. | |||
| Details of Measures |
1. The ministry forwarded its reply at the 16th OTO Grievance Resolution Committee as follows: (1) To ensure security and prevent environmental pollution, vehicles are not permitted to run on public roads without being inspected and registered under the Road Vehicles Law and are required to receive an effective inspection certification and registration plate. (2) In Europe, each country has entered into the 1968 Convention on Road Traffic (covering all vehicles including those other than passenger cars) whereby the countries mutually admit the temporary use of vehicles registered in other contracting parties. Japan has not ratified the Convention. (3) In examining a system for the temporary use of Korean fishery product transport vehicles, the following factors need to be taken into consideration, 1) guarantee of conformity to certain safety and environmental standards, 2) compliance with international agreements under consideration at the United Nations such as the "Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts (global standard)" and the "Mutual Agreement on Design Standard" and 3) relation with most favored nation treatment based on the WTO Agreement. (4) It is not possible to exempt only Korean fishery product transport vehicles from registration and inspection by operational measures including notification as Korea does. It is necessary to establish an institutional framework for the temporary use of foreign vehicles in Japan on the basis of the international framework by revising the Road Vehicles Law. On that occasion, it is also necessary, from the viewpoint of reciprocity, that the Korean authorities establish a legal system for the temporary use of Japanese vehicles in Japan on the basis of the above international framework instead of taking operational measures such as notification. 2. The ministry forwarded its reply as follows at the 18th OTO Grievance Resolution Committee: (1) In consideration of an increase in the accident rate and the intensity of pollution problems in recent years, the role of inspection systems for ensuring safety and environmental standards of vehicles is important. The institutional guarantee of conformity to safety and environmental standards is required since the temporary use of foreign trucks is highly likely to be repeated and continued. (2) It is impossible to exempt the temporary use of foreign vehicles from inspection and registration by revising the Road Vehicles Law without any international agreements. In order to enable the temporary use of Korean vehicles, a system should be established through the revision of law and others after both countries accede to the 1968 Convention on Road Traffic or conclude the Japan-Korea Free Trade Agreement. No difficulty is envisaged by the Ministry of Land, Infrastructure and Transport regarding this matter. (3) If applications are filed in conformity to Japanese safety and environmental standards and through procedures based on the Garage Law, Tax Law and other related laws, a mechanism can be considered in which the staff goes down to the vicinity of the Shimonoseki Port, which handles the Japan-Korea regular lines, and inspects and registers vehicles on a specific date. However, even in such a case, a certain period of time is required for necessary preparations such as 1) financial measures for borrowing inspection facilities and 2) preparation of pamphlets about application procedures written in foreign languages. |
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| Classification of Processing | Cc | Directions | II-a | |
| Remarks |
Deliberated at the 16th Grievance Resolution Committee on March 23, 2001.
Deliberated at the 18th Grievance Resolution Committee on May 14, 2001. |
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