Report of the OTO Advisory Council (April 12, 1993)

1-(4) Accepting water supply equipment conforming to major foreign specifications

1. Complainant: the U.S. Embassy

2. Ministry concerned: Ministry of Health and Welfare

3. Complaint:

The Japan Waterworks Association (Nihon Suido kyokai) is an association of waterworks operators (public corporations, etc.) enjoying the confidence of ordinary users, who prefer to buy Association-approved water supply equipment. For this reason, companies wishing to engage in manufacturing and selling water supply equipment usually request model approval by the Association. Model approval standards require that harmful substances not leach our during use, that the materials used be of JIS or JIS-equivalent quality and that on-the-spot inspection be carried out at approved testing facilities in Japan.

For these reasons, even though products may be manufactured according to major foreign specifications, if the specifications of the country concerned do not meet JIS specifications, special parts must be developed or attached. Also, foreign manufactures, with no testing facilities in Japan must make a sizeable investment to acquire facilities beforehand or delegate testing to other companies in Japan, which can affect industrial secrecy.

Given the circumstances, the complainant asserts that

(1) if there are no safety problems, model approval of products meeting foreign specifications should be granted even if they do not conform to JIS specifications, and that

(2) testing facilities should include foreign plants.

4. Results of deliberation:

The basic aim of the model approval system is to ensure the safety of water supply equipment. Accordingly, decisions concerning model approval should be made from the viewpoint of product safety, and it is inappropriate to exclude products solely because details concerning materials specified in foreign specifications do not conform to JIS specifications.

Therefore, the Nihon Suido Kyokai should examine the safety of major foreign specifications, and if safety is verified, review its approval standards to permit model approval of products manufactured according to these specifications.

Regarding testing facilities, systems for official testing in foreign plants have already been established by other laws and the Association should introduce a similar system.

The Nihon Suido kyokai has begun to review product safety of products made according to the specifications mentioned in this complaint. It is also continuing to examine the issue of testing in foreign plants and taking steps to make this possible.

Government decision (May 27, 1993)

The Japan Waterworks Association should examine the safety of major foreign specifications; and once safety has been verified, it should review its approval standards and introduce a system for conducting tests in overseas factories.