![[Government decision]](../image/mondai02.gif)
![[Follow-up]](../image/mondai03.gif)
![[Further Follow-up]](../image/mondai05.gif)
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| 2nd Report of the Market Access Ombudsman Council (March 14, 1995) |
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1. Complainant: French Embassy
2. Ministry concerned: Ministry of Construction
3. Complaint:
According to the Building Standards Law, interior finishing materials for rooms and evacuation routes in special buildings, large-scale buildings, etc. must be noncombustible, in order to prevent the spread of fire in the early stages and to secure safe evacuation. Interior finishing materials like wallpaper and so on used in such buildings must be certified by the Minister of Construction as noncombustible material, quasi-noncombustible material or fire retardant material (referred to hereafter as "fire preventive material"), depending on the type and size of building. Certification of these fire preventive material requires testing, for each classification, for flammability, cracking, and emission of poisonous gases after application of a specified amount of heat, according to testing methods set out by Notification of the Ministry of Construction in order to evaluate their performance as fire preventive material.
There are two types of certification: Individual certification and General certification. For Individual certification, each type of product undergoes the tests specified by the Ministry of Construction, and each receives individual certification. For General certification, on the other hand, the Wallcoverings Association of Japan, an industry association, receives comprehensive certification depending on material, installation method and so on for five types of products classified according to their main constituent materials, for example, fabric, vinyl, etc, and for wallpaper in general ('special wallpapers') which belongs to none of the foregoing categories. In that case, individual makers and sellers, by undergoing verification by the Association that each type of product meets certification requirements and the required fireproof performance evaluation testing, can obtain certification for each type of product and be exempted from some of the testing required by Notification of the Ministry of Construction notices.
The following complaints were received concerning certification procedures for wallpaper as fire preventive material.
Since French approval of wallpaper as fire preventive material cannot be accepted in Japan, the wallpaper must be re-tested in Japan. It should be possible for products tested by approved testing organizations to receive certification as fire preventive material in Japan before shipment. Therefore, French testing organizations should be approved as organizations testing compatibility with Japanese standards.
Further, polyester-based materials, which are widely used in Europe, should be eligible for General certification. Additionally, the standard width of French wallpaper is 70 cm, which hinders imports into Japan because it does not coincide with Japanese certification standards.
4. Results of deliberation:
(1) The concerned ministry accepts performance test data from foreign testing Laboratories based on the Japanese Building Standard Law as data used in obtaining certification as fire Preventive material in Japan. Additionally, to harmonize with international practice, an "Guidelines for Designating Testing Laboratories" was adopted on October 21, 1994, which follows international standards (ISO Guide 25) concerning conditions for designating beforehand the testing laboratories from which test data will be accepted. Accordingly, beginning April 1,1995, French testing laboratories meeting the requirements set out in the above-mentioned Guidelines may be designated as testing laboratories beforehand, making it possible to accept their test data when fire preventive material are certified.
Acceptance of foreign test data is very important from the viewpoint of improving market access, and in order to conduct designation of testing organizations smoothly, active efforts should be made to publicize the changes in this system.
(2) In order to introduce a system of mutual recognition of performance evaluation carried out by certification organizations in the counterpart country, the concerned ministry is discussing France, the United States, Canada, the EU, etc. In the case of discussions on mutual recognition with France, an agreement was signed to promote mutual recognition relating to building standards in May 1994, and discussions on specific items for wallpaper etc. took place in mid-January 1995.
Introduction of the mutual recognition system should be actively supported in order to improve market access.
(3) The ministry explained to the complainant that even in the case of wallpaper made mainly of polyester, if it can be ascertained that the product in question meets the requirements for 'special wallpapers', a wallpaper category for which constituent materials are not designated, this wallpaper can be certified under specified certification using simplified procedures.
(4) Since wallpaper size generally has no connection with fire preventive properties, wallpaper can be certified as fire preventive materials, including General certification, even though its width is 70 cm, and the ministry explained to the complainant that this particular complaint was based on a misunderstanding.
(5) The ministry is currently consulting with the organizations and so on improved in General certification, to further streamline procedures for General certification by the end of FY1994. To provide information on the certification system for foreign wallpaper manufacturers and importers, the ministry will also produce a pamphlet in English describing Japanese building standards concerning wallpaper and certification procedures.
| Government decision (March 28, 1995) |
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(1) Active publicity will be undertaken to ensure that designation of foreign testing laboratories based on the Guidelines for Designating Testing Laboratories proceeds smoothly.
(2) Negotiations will be held actively with foreign countries such as France, the United States, Canada and the EU, and as soon as agreements have come into effect, a mutual recognition system will be introduced to enable mutual acceptance of performance evaluation obtained by certification organizations in the counterpart countries.
| Follow-up (May 27,1996) |
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(1)
1) The "Guidelines for Designating Testing Laboratories" (drawn up October 21, 1994) were implemented on April 1, 1995. Test data from testing laboratories, which meeting the requirements set out in the above Guidelines and already designated as testing laboratories, have be accepted, when fire preventive materials are certified.
2) Information regarding guidelines and application procedures for becoming a designated testing laboratory was provided to the French Embassy, US Embassy, Canadian Embassy and other foreign embassies beginning in November 1995. One Canadian testing laboratory was designated under the above Guidelines on December 19, 1995, and test data from this laboratory was accepted. Pamphlets in English describing Japanese building standards relating to wallpaper and certification procedures were also supplied.
(2) The ministry suggested holding consultations with the French authorities, and this will be taken place when the French side reaches to complete its necessary preparations.
(3)
1) The ministry studied the issue of rationalization procedures for General certification, and based on the results of its study, procedures for General certification of some types of wallpaper ("special wallpapers") in fireproof performance evaluation testing were simplified after March 13, 1995.
2) Pamphlets in English describing Japanese building standards relating to wallpaper and certification procedures was published and distributed after April 1995.
| Further Follow-up (May 12, 1997) |
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(2) The ministry has proposed holding discussions with France, which will take place after preparations by the French side are completed.