| OTO No. | 675 | Classification | MHLW-11 METI-3 |
|---|---|---|---|
| Date of Acceptance | April 15, 2005 | Ministry/Agency Receiving Complaint | Cabinet Office |
| Responsible Ministries | Ministry of Agriculture, Forestry and Fisheries Ministry of Economy, Trade and Industry |
Related Laws | |
| Complainant | United States Embassy in Japan (Proxy complaint) | Exporting Countries | USA |
| Subject | Ensuring of an appropriate certification method for wood preservatives | ||
| Description of Complaint |
1. Although borate wood preservatives are widely used in developed countries as wood preservatives in the environment where wood is not exposed to the ground or water (i.e. environment where wood is not always exposed to water), they could not meet the qualitative standards according to the testing methods stipulated in the (old) JIS K 1571. For this problem, requests were accepted after going through grievance resolution of OTO Nos. 640 and 661 (Review of the "qualitative standards and testing methods for wood preservatives" (JIS K 1571)). The annex of JIS K 1571-2004 was revised in May 2004 to stipulate laboratory assessment and testing methods for wood preservatives that are applied to woods, which "are used while being protected from weather by roof or exterior wall panel and are not directly exposed to the ground" (i.e. used in the environment where wood is not exposed to the ground or water). From the standpoint of common sense, drugs that have passed a test conducted by a method pursuant to the revised JIS standards must be certified as wood preservatives to be used in the environment where wood is not exposed to the ground or water. 2. The drafter of the revised JIS K 1571 is the Japan Wood Preserving Association (hereinafter referred to as the "JWPA"), which is under the jurisdiction of the Ministry of Agriculture, Forestry and Fisheries (under the co-jurisdiction of the Ministry of Economy, Trade and Industry). The JWPA carries out the certification of wood preservatives and woods to which preservation processing has been applied. Preservatives certified by the JWPA have been designated in the Government Housing Loan Corporation's common specifications for construction of wooden houses and in the quality and performance assessment standards for the obtainment of the Certification of Wooden Building Materials (AQ), which is a certification for new wooden building materials, etc. that are outside the scope of JAS. In this manner, the obtainment of certification from the JWPA has a large effect on the dissemination of wood preservatives and lumber to which wood preservatives have been applied. 3. In June 2004, the JWPA decided the basic policy that the "certification under the annex (provision) of JIS K 1571-2004 be applicable to the dry area 1 m or more above the ground." There are no existing construction-related laws and regulations that require preservation processing for lumber used in the dry area 1 m or more above the ground. Thus, the JWPA's decision arbitrarily distorts the purport of the annex (provision) of JIS K 1571-2004. 4. Although the complainant requested the presentation of a scientific basis for the JWPA's decision through the Ministry of Agriculture, Forestry and Fisheries, the content presented was based on problems that are not applicable to today's specifications for wooden houses. The scientific basis presented is wrong for the following reasons. (1) The problem of hygroscopic underfloor materials for houses in the 1970s, which the JWPA cited as scientific basis, has already been completely solved through preparation and revision of construction-related laws and regulations and the Government Housing Loan Corporation's specifications. There is allegedly no environment where lumber deteriorates, below the floor of newly built houses in principle. ("Consideration of durability of wooden houses" (Kozo Hijikuro, Wood Preservation, vol. 12-2 (1986))). (2) Recent study confirmed that borate wood preservatives would not leach even if they are exposed to a highly humid environment for a long period of time and that they are highly resistant to formosan termites and rot fungus. (Joint Team of Kyoto University, University of Hawaii and Canada's Forintek: IRG/WP 04-30344). (3) The actual use (overseas) in wooden houses for more than half a century also proves that borate wood preservatives will not leach due to the effect of dew condensation within the exterior wall or some leaking rain. 5. Though the revision of JIS standards was finally realized through grievance resolution of OTO Nos. 640 and 661, the JWPA, drafter of the revision, limits the application of the revised JIS standards to parts that normally do not require preservation processing, with the intent to virtually eliminate borate wood preservatives from the market. The Ministry of Agriculture, Forestry and Fisheries and the Ministry of Economy, Trade and Industry should instruct the JWPA to change the method of certifying new wood preservatives, for which an application for certification was filed based on the annex of JIS K 1571-2004, to be compliant with the text of the said annex, in order to remove disincentives to the dissemination of borate wood preservatives in Japan. | ||
| Details of Measures |
The ministry replied as follows: (A reply from the Ministry of Economy, Trade and Industry) (1) The certification of wood preservatives by the Japan Wood Preserving Association (hereinafter referred to as the "JWPA") is the certification unique to the JWPA that was designed to contribute to ensuring the supply of effective and highly safe wood preservatives, etc. to consumers. (2) The ministry understands that the JWPA independently adopted the policy of "limiting" certification of wood preservatives "to those 1 m or more above the ground" for the purpose of restricting the use of borate and other highly soluble wood preservatives (hereinafter referred to as "relevant preservatives") to lumber that is used in the environment not exposed to the ground or water as provided in the annex (provision) of JIS K 1571-2004 to prevent the leaching of relevant preservatives. (3) The ministry has a policy to notify the JWPA that it is appropriate, when certifying relevant preservatives, to set the limitation of application to "lumber that is unlikely to be supplied with water under normal conditions in the same way as lumber for building that is protected from weather by roof or exterior wall panel and is not directly exposed to the ground, but is likely to be placed in a highly humid environment suddenly" pursuant to the annex of JIS K 1571-2004. (A reply from the Ministry of Agriculture, Forestry and Fisheries) (1) In relation to the complaint in question, the certification of wood preservatives by the Japan Wood Preserving Association (hereinafter referred to as the "JWPA") is the certification unique to the JWPA that was designed to contribute to ensuring the supply of effective and highly safe wood preservatives, etc. to consumers. The standards for the certification have been set through consideration among intellectuals, actual consumers and other experts. (2) The JWPA independently decided to apply the annex (provision) of JIS K 1571 to wood preservatives used 1 m or more above the ground in the certification process, from the standpoint of keeping compliance with wood preservatives certified in the past. (3) The division having jurisdiction over the JWPA has a policy to instruct the JWPA that it is appropriate to apply the annex (provision) of JIS K 1571 in the certification of wood preservatives in the way that is clearly explainable outside of the JWPA. 2. The Ministry of Agriculture, Forestry and Fisheries and the Ministry of Economy, Trade and Industry gave instruction pursuant to the above-mentioned policy to the JWPA on June 27th and 30th, respectively. | ||
| Classification of Processing | Pending | Directions | IV |
| Remarks |
Ministry of Economy, Trade and Industry : A written reply was made on April 27, 2005 Ministry of Agriculture, Forestry and Fisheries : A written reply was made on May 27, 2005 | ||