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(Provisional Translation)

2nd Report of the Market Access Ombudsman Council (March 14, 1995) [Government decision] [Follow-up] [Further Follow-up]

3-(3) Changes to approval procedures for electric and electronic products

1. Complainant: Taipei Economic and Cultural Representative Office in Japan

2. Ministry concerned: Ministry of International Trade and Industry

3. Complaint:

To prevent hazards and defects due to electrical products of inferior quality, the Electrical Appliance and Material Control Law and related laws set out technical standards for electrical products, and products which do not meet such standards may not be manufactured or sold.

Electrical products are divided into Type A electrical products (282 items), which require approval (type permit) by the Minister of International Trade and Industry based on technical standards, and Type B electrical products (216) which require self-verification.

Where Type A electrical products are concerned,

(1) domestic or foreign manufacturers, after being registered by the Ministry as manufacturers, must have the products they are intending to manufacture and sell tested under the appropriate type classification at a testing organization specified by the Minister, and after obtaining type permit (in the case of foreign manufacturers, type approval) from the Ministry, must sell the products with specified labeling attached after the manufacturer verifies once more that they meet technical standards; or,

(2) importers must have the products they are intending to import and sell tested under the appropriate model classification at a testing organization specified by the Minister, and after obtaining type approval, must sell the products with specific labeling attached after the importer verifies once more that they meet technical standards.

For Type B electrical products, it is required that

(3) after reporting the start of manufacturing operations to the Minister, a domestic manufacturer must verify (self-verification) that the products intended to be manufactured and sold meet technical standards and sell them with specific labeling attached, or that

(4) after reporting the start of business operations to the Minister, the importer must verify (self-verification) that the products intended to be imported and sold meet technical standards and sell them with specific labeling attached.

The following complaint has been raised concerning these procedures.

First, the Electrical Appliance and Material Control Law and related laws are complicated and detailed, and since many documents are available only in Japanese, they are not easy for foreign businesses to understand. Accordingly, the complainant would like English versions of such publications as the "The Collected Electrical Appliance and Material Control Law and Related Laws," the "Manual for Application Procedures," the "Explanation of Technical Standards for Electric Products," and the "Adjudication Methods and Applications for Technical Standards for Electric Products." The Japan Electrical Products Testing Laboratory has held seminars for Taiwanese businesses, but it is not easy to understand the complicated Electrical Appliance and Material Control Law and related laws in such short briefings.

Second, the Japanese language must be used in application procedures for registration and type approval, but the use of English should be permitted as well, to lighten the burden on foreign businesses. In particular, the fact that manufacturer registration requires that the application for registration and floor plans of factories or business establishments be filled out in Japanese and that manufacturer's staff be present and give explanations in Japanese when the plant is inspected by officials from the Japan Electrical Products Testing Laboratory, are particularly onerous burdens.

4. Results of deliberation:

(1) Translating the related laws of the Electrical Appliance and Material Control Law into English would be a meaningful step from the viewpoint of the aim of the law; i.e. to prevent hazards and defects due to electrical products of inferior quality. Therefore, the ministry, with the cooperation of JETRO and others in translating the related laws of the Electrical Appliance and Material Control Law into English, has prepared and distributes the "English Guide to the Electrical Appliance and Material Control Law" and the "English Pamphlet on the Electrical Appliance and Material Control Law."

Where the related laws of the Electrical Appliance and Material Control Law are concerned, the Japan Electrical Products Testing Laboratory, with the cooperation of JETRO, has already translated the technical standards for 340 items out of 498 into English, and this material is available for a fee. This is a noteworthy step from the viewpoint of improving market access and furthering the understanding of foreign businesses regarding the Japanese system, and translation of the technical standards for the remaining items should be continued.

(2) Regarding seminars on the Electrical Appliance and Material Control Law sponsored by Taiwanese testing organizations, the Japan Electrical Products Testing Laboratory dispatched lecturers a total of eight times up to the last fiscal year and a total of four times in the current fiscal year. If Taiwanese sponsors of the seminars wish to extend the duration of seminars or otherwise present more detailed programs, the ministry is prepared to request the Japan Electrical Products Testing Laboratory to cooperate as far as possible.

(3) Regarding the use of English on applications for manufacturer registration and type approval of electrical products, the ministry's position is that such procedures are necessary to ensure safety of electrical appliances, and that since accurate, strict and rapid testing and adjudication are necessary, it is necessary to use Japanese on applications and that the use of any language other than Japanese cannot be allowed.

However, the possibility of allowing the use of English on applications for registration and type approval should be studied, given increasing internationalization, recognition of the role of English as an international language, and as a way of reducing the burden on foreign businesses.

In the case of Taiwan, the Merchandise Inspection Bureau of the Economic Department has concluded a cooperation agreement with the Japan Electrical Products Testing Laboratory concerning model testing for electrical products, and effective use of this scheme could lighten the applicant's language burden upon testing. The Merchandise Inspection Bureau of the Economic Department and the Japan Electrical Products Testing Laboratory are also planning to enter into a cooperation agreement concerning registration of businesses, which, if implemented, will lighten the burden regarding language at the time of plant inspections. Such measures should be taken quickly.

(4) The ministry is currently reviewing the system for ensuring the safety of electrical products. Namely, during FY1995, 117 items in Type A electrical products, including household appliances such as air conditioners, refrigerators, televisions and so on, will be transferred to Type B, and the reporting forms for Type B electrical products will be rationalized. In addition, the ministry's policy of transferring more products to the Type B classification. This will make it unnecessary for foreign manufacturers intending to export to Japan to apply for manufacturer registration and type approval for these electrical products. Further, the ministry intends to make the specifications of the Electric Appliance and Material Control Law compatible with those of the IEC (International Electromechanical Commission) within the next five years.

These measures are noteworthy from the viewpoints of the importance of producers/importers assuming responsibility for their products and of international harmonization of standards.

Efforts are also being made to create and establish a private sector third-party approval system, and bearing the present complaint in mind, the ministry should encourage the parties involved to make the system easy for foreign businesses to use as well.

Government decision (March 28, 1995) [Report] [Follow-up] [Further Follow-up]

3-(3) Improvement of approval procedures for electric and electronic products and others

(1) Japan Electrical Products Testing Laboratory, with the cooperation of Japan External Trade Organization (JETRO), will be encouraged to continue with the translation into English of the technical standards under the Electrical Appliance and Material Control Law. (Translation for 340 of the 498 product items has been completed.)

(2) Regarding seminars on the Electrical Appliance and Material Control Law organized by foreign testing organizations, if the organizers make requests for an extension of the seminar period, etc., Japan Electrical Products Testing Laboratory, which dispatches seminar lecturers, will be encouraged to cooperate.

(3) Given increasing internationalization, recognition of the role of English as an international language, etc., and in order to reduce the burden on foreign businesses, the possibility of permitting the use of English in application procedures for registration and model approval will be considered.

(4) During FY1995, 117 items in Type A electrical products will be transferred to Type B, and the reporting forms for Type B electrical products will be rationalized.

Over the next five years. Electrical Appliance and Material Control Law specifications will be made more harmonized with those of the International Electric commission.

Follow-up (May 27,1996) [Report] [Government decision] [Further Follow-up]

3-(3) Changes to approval procedures for electric and electronic products

(1) The Japan Electric Products Testing Association, in cooperation with JETRO, is continuing to translate the technical standards "Ministerial Ordinance Setting Technical Standards for Electrical Products" (Ordinance No. 85 of the Ministry of International Trade and Industry, 1962). Translation of Attachment 1 (29 items in the category of electric cables and electric floor warming cables) and of Attachment 6 (14 items in the category of small transformers, voltage adjusters, and stabilizers for discharge lamps) of the ordinance was completed in FY1995. Translation into English of 450 items out of the coverage of the law, for which there was strong demand from importers, was completed in March 1996 and is scheduled to be printed within FY1996.

(2) To promote acknowledgment of the Electrical Appliance and Material Control Law, the Japan Electrical Products Testing Laboratory dispatched instructors to Taiwan to hold seminars of three days in total in FY1995, as had been done in FY1994.

(3)
1) When manufacturers' applications for registration and type approval are examined, they must be checked against laws written in Japanese. The issue of accepting applications in English was studied, but since misunderstandings of the content of applications during examination could arise due to linguistic differences and examination cannot be carried out appropriately, the use of English cannot be allowed. However, foreign manufacturers, including those from Taiwan, submit applications through examining bodies, and as the necessary forms are filled out by examining bodies in Japan and foreign countries on behalf of applicants, the language problems are actually made less severe.
2) The cooperation agreement between the Merchandise Inspection Bureau of the Economic Department of Taiwan and the Japan Electrical Products Testing Laboratory was used seven times in FY1995, and the language burden on applicants at the time of the model testing was reduced. When Taiwanese businesses obtain type approval for Type A electrical products, a cooperation agreement with the Japan Electrical Products Testing Laboratory makes it possible to use the data from tests carried out by the Merchandise Inspection Bureau of the Economic Department of Taiwan.
3) The Japan Electrical Products Testing Laboratory and the Merchandise Inspection Bureau of the Economic Department of Taiwan concluded a cooperation agreement in March 1996 concerning plant inspection of manufacturers. The agreement states that data from tests by the Merchandise Inspection Bureau of the Economic Department of Taiwan can be used for plant inspection carried out by the Japan Electrical Products Testing Laboratory, when Taiwanese manufacturers apply for registration of foreign manufacturers.

The complainant has understood that measures of the above 1) - 3) have reduced the burden of submitting applications in Japanese.

(4)
1) 117 items classified as Type A electrical products, including air conditioners, refrigerators, televisions, were transferred to Type B, and the reporting forms for Type B electrical products were simplified in July 1, 1995 by the revised government ordinance. The issue of transferring the remaining Type A items to Type B will continue to be studied after FY 1996.
2) In accordance with the shortened planning period of the Deregulation Action Plan, the specifications of the Electric Appliance and Material Control Law will be made more compatible with those of the IEC by FY1997.
3) As part of efforts to inform foreign manufacturers of the private sector third-party approval system, the Japan Electrical Products Testing Laboratory has held seven seminars on this approval system in six countries or regions, including Taiwan, during FY1995.

Further Follow-up (May 12, 1997) [Report] [Government dicision] [Follow-up]

3-(3) Changes to approval procedures for electric and electronic products

(1) JETRO is cooperating in the English translation of the technical standards (ordinance determining technical standards for electrical products - MITI Ordinance #85, 1962) of the Electrical Appliance and Material Control Law. In addition to the 450 items for which an English translation of technical standards was published in FY1995, Attached List 3 (for 9 fuse products) and Attached List 5 (for 3 voltage regulators) of the same ordinance were translated in FY1996 and are scheduled to be published in FY1997.

(4)
1) The remaining items classified as Type A electrical products are wiring and wiring devices which are relatively hazardous (used in direct contact with the human body), but the Issue of transferring the remaining Type A items to Type B will continue to be studied considering the spread of the private sector third-party certification.
2) Technical studies will be undertaken to explore the feasibility of adopting some 300 IEC standards for electrical wiring, light bulbs and other electrical goods as technical regulations of Electrical Appliance and Material Control Law. And work will be undertaken to align technical regulations in some 500 items with international standards (IEC standards) more closely by the end of FY 1997.