3rd Report of the Market Access Ombudsman Council (March 18, 1996)

3-(3) Mutual Recognition of Electric Machines with Explosion-Proof Construction

1. Complainant: Tokyo Chamber of Commerce and Industry

2. Ministry concerned: Ministry of Labour

3. Background Information:

Under the Industrial Safety and Health Law, electric machines and equipment used where there is combustible gas and a danger of an explosion or fire must be explosion-proof electric machines and equipment. Furthermore, one who manufactures or imports explosion-proof electric machines and equipment must receive the type inspection of the type inspection institution designated by the Minister of Labour (Technical Institution of Industrial Safety).

IEC (International Electrotechnical Commission) establishes international standards (IEC standards) for explosion-proof electric machines and equipment. EU has the CENELEC standards, the contents of which are identical to those of IEC standards.

In Japan, the standards for the explosion-proof structure were aligned with the IEC standards in 1988. Consequently, explosion-proof electric machines and equipment manufactured according to the IEC standards are considered to meet Japanese standards. As for actually imported machines and equipment, the type inspection is employed to verify that they satisfy the IEC standards.

In addition, in the type inspection, inspection data from designated foreign inspection institutions (designated by the Minister of Labour) are accepted. If data prepared by a designated foreign inspection institutions are submitted, an inspection conducted on the actual equipment can be omitted. At present, only one institution in the United Kingdom is designated a foreign inspection institution. However, other institutions will be examined on demand and designated if admitted to be eligible.

4. Complaint:

Even if importers or foreign manufacturers import explosion-proof electric machines and equipment that have been certified by foreign inspection institutions, since the explosion-proof structure standards of an exporting country differ from those of Japan, the imported machines and equipment cannot be used without the type inspection conducted by Technical Institution of Industrial Safety. Before a certification can be obtained in Japan, time is required for redesigning and application. Also, for example, because of the differences in the interpretation of the regulations concerning the process line wall in the explosion-proof vessel, even if the equipment has been certified by a European inspection institution, a complex modification has been required for the equipment to be certified in Japan.

Since the electric machines and equipment explosion-proof structure standards of Japan are alleged to be aligned to the IEC standards, products that have been certified by foreign inspection institutions as meeting the IEC standards or any other foreign standards that are aligned to the IEC standards should be allowed to pass the certification automatically.

5. Results of Deliberation:

The ministry concerned claims that the electric machines and equipment explosion-proof structure standards of Japan are harmonized with the international standards, IEC standards. However, the ministry concerned performs type inspection on products, which are certified by foreign inspection institutions as having been manufactured according to the IEC standards, upon their import into Japan. As for the simplification of inspection by harmonization of standards, the ministry concerned only accepts inspection data from designated foreign inspection institutions.

The true purpose of international harmonization of standards and certification systems is to prevent Japanese standards or certification systems from causing a barrier against imports of products manufactured according to foreign specifications and standards and to avoid additional costs incurred from modification, re-inspection, etc.

To this end, the ministry concerned should proceed with the review as follows.

(1) Type inspection in Japan should be promptly eliminated for a product that has been certified by a foreign government or an institution authorized by a foreign government as meeting the IEC standards or foreign standards aligned with the IEC standards, and it should be handled as having passed the type inspection. In addition, if the details or interpretation of the standards are different between Japan and overseas, they should be standardized as soon as possible.

(2) Conduct type inspection only on products that have not been certified as meeting the IEC standards of foreign standards aligned to the IEC standards. In this case, make an effort to publicize the designated foreign inspection institution system, and actively designate those institutions which many importers have requested for designation. In addition, promote actively the acceptance of foreign inspection data.

(3) Perform actively investigation and deliberation to successively take the necessary measures, in about five years from now, towards mutual certification of standards other than IEC standards as well.

Government decision (March 26, 1996)

3-(3) Mutual Recognition of Electric Machines with Explosion-Proof Construction

In the interest of international harmonization of standards and certifications, the review will be advanced as follows.

(1) A product that has been certified by a foreign government or an institution authorized by a foreign government as meeting the IEC standards or foreign standards aligned with the IEC standards will be handled as having passed the type inspection, after confirming the necessary information with the certifying institutions. At the same time, if the details or interpretation of the standards are different between Japan and overseas, they will be standardized as soon as possible.

(2) As for products that have not been certified as mentioned above, the designated foreign inspection institution system will be publicized. The acceptance of foreign inspection data will be actively promoted by active designation those institutions which many importers have requested for designation.

(3) Investigation and deliberation will be actively perform to successively take the necessary measures, in about five years from now, towards mutual certification of standards other than IEC standards as well.

Follow-up (May 12, 1997)

3-(3) Mutual Recognition of Electric Machines with Explosion-Proof Construction

(1) A study committee on the inspection system for explosion-proof electric machines (hereafter, "the committee") composed of scholars and technical experts was established in April 1996, with a view to promptly handling explosion-proof electrical machines manufactured in conformity with IEC standards in an identical manner to those which conform to Japanese type inspection standards. The committee has begun its studies and has already conducted technical studies through the Technical Institution of Industrial Safety concerning inspection and inspection institutions in Spain, Germany and South Korea and held discussions with staff from foreign testing and inspection organizations.

(2) Verification of foreign data prepared by foreign inspection institutions for type inspection will exempt the actual machine test from inspection. In addition to the British inspection institution, a German inspection institution was also designated in April 1996, and the prefectural Labour Standards Offices were notified of this. This information will also be carried in the journal of he Industrial Safety Technology Association, which carries out type inspection of explosion-proof electrical machines, and in the public relations journals of organizations for the prevention of work accidents.

(3) The committee will continue its technical study of standards other than IEC standards, and based on the results of its study, will analyze and study problems related to implementing the mutual recognition system for standards other than IEC standards.