Provisional Translation

OTO No. 651 Classification MAFF-(6)
Date of Acceptance May 24, 2002 Ministry/Agency Receiving Complaint Cabinet Office
Responsible Ministries Ministry of Agriculture, Forestry and Fisheries Related Laws Law Concerning Standardization And Proper Labeling Of Agricultural And Forestry Products(JAS Law)
Complainant Foreign (Norwegian) test organization Exporting Countries Norway and other European countries
Subject Prompt confirmation of a country having a system similar to the JAS system (forest products: Norway)
Description of Complaint 1. The complainant has been engaged in the JAS certification of factories making plywood in Europe since it was designated as a Foreign Test Organization (FTO) in 1996. The revision of the JAS Law in 2000 abolished the FTO system and introduced the Registered Foreign Certification Organization (RFCO) system.
Registration of a test organization as an RFCO has a precondition that the country in which the organization exists be designated by the Minister of Agriculture, Forestry and Fisheries as a country that has an equivalent system to the JAS system. Norway has not been designated as such.

2. However, (1) factories that were certified under the old JAS will lose their status as JAS-certified factories unless they are certified under the new JAS system before the expiration of the transition period (until the end of June 2003) and (2) factories that have been certified by the complainant are hoping for certification by the complainant, not by other RFCOs, due to geographical problems and overall costs.

3. For the complainant to be registered as an RFCO, Norway has to have been designated as a country that has an equivalent system to the JAS system in late June 2002 at the latest. The outlook for this is still vague, however. If the process is delayed, not just the complainant but also many plywood factories using the complainant will sustain great losses.

4. Therefore, the complainant requests the ministry to clarify (1) the progress in the work of confirming the equivalence, (2) the reason the ministry is spending much time confirming the equivalence and (3) the timeline of the process, as well as promptly acknowledge Norway as a country that has an equivalent system to the JAS system.

Details of Measures 1. The ministry is conducting examinations on the equivalence of Norway's grading system for forestry products to our system (the JAS system), based on the materials and data submitted by Norway for the examinations, and subsequent inquiries and replies.

2. The ministry had a necessity to obtain detailed information about the Norwegian government's engagement in the grading system (the relationship between the Ministry of Local Government and Regional Development and the Office of Weights, Measures and Certification Services of the Ministry of Trade and Industry) as well as the country's complicated labeling system (EN Standard, NS Standard, INSTA Standard and accommodating EN Standard). Materials and data submitted by Norway contained unclear statements (inconsistency of expressions) and so on, failing to satisfy our expectations (forcing us to ask additional questions).

3. The ministry cannot specify the date for completing the confirmation of the equivalence since it has to proceed with the examinations in a rigorous manner.
The ministry, however, recognizes the difficulties the complainant and the foreign certified factories are encountering and is making an effort to realize a smooth transition for the complainant from an FTO status to an RFCO status.

4. On November 8, 2002 (after the above reply), the ministry's "Ordinance Revising Part of Enforcement Rules for the Law Concerning Standardization and Proper Labeling of Agricultural and Forestry Products (JAS Law)" (Fiscal 2002 MAFF Ordinance No. 85) was implemented to designate Norway as a country that has an equivalent system to the JAS system regarding lumber, hardwood lumber and plywood.

Classification of Processing A Directions II-b
IV
Remarks A written reply was made on May 30, 2002.

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