2nd Report of the Market Access Ombudsman Council (March 14, 1995)

4-(1) Acceptance of data from EU testing organizations in other than automobile-producing countries

1. Complainant: German Embassy

2. Ministry concerned: Ministry of Transport

3. Complaint:

Since 1975, the Ministry of Transport has designated ten automobile testing organizations within the EU as public testing organizations, and accepts test data obtained from these testing organizations in examinations for imported vehicles concerning compatibility of the standards. Since 1977, automobile inspectors have been dispatched abroad to carry out type certification testing at foreign automobile makers.

The complainant states that test data from the foreign testing organizations designated by the Ministry of Transport can be used only for type certification testing of automobiles produced in the countries where the testing organizations are located. Since this means that automobiles produced in countries without a specified testing organizations have to undergo the Ministry's own type certification testing, the complainant states that data from designated foreign testing organizations should be accepted for vehicles produced in any countries.

4. Results of deliberation:

Until now, test data from foreign testing organizations has been accepted only for vehicles produced in the countries where the testing organizations are located because the organizations are considered to be capable of vouching only for the accuracy of the test data produced there.

However, the Ministry has been studying the unified EU approval system which has been introduced gradually in the EU since 1993. Since this system is becoming established and because the EU Committee has undertaken to mediate in resolving any disputes if cases of manipulated test data arise, the Ministry has determined that treating the EU as a single country poses no problems. Amended directives have been issued and from the spring of 1995, data from designated testing organizations in other than producing countries within the EU will be accepted.

This measure is appropriate because it will facilitate foreign makers' access to the Japanese automobile market and because it is consistent with the movement of the EU unification.

Government decision (March 28, 1995)

4-(1) Acceptance of the test data from EU testing institutes not located in the country where the cars were produced

Since a unified EU approval system is in the process of being established, the test data from designated testing institutes not located in the country where the cars were produced within the EU will be accepted from May 1995.

Follow-up (May 27,1996)

4-(1) Acceptance of data from EU testing organizations in other than automobile-producing countries

In accordance with a directive dated April 21, 1995, data from designated testing organizations in other than automobile-producing countries within EU will be accepted from May 1, 1995.