4th Report of the Market Access Ombudsman Council (March 17, 1997)

3-(5) Relaxation of container re-testing period

1. Complainant: Tokyo Chamber of Commerce

2. Ministry concerned: Ministry of International Trade and Industry

3. Background:

In order to ensure the safety of pressurized gas containers, Article 48, Clause 1, Item 5 of the Pressurized Gas Control Law stipulates that containers for which a certain period mandated by statute (1-6 years) has elapsed after testing, may not be refilled with gas unless they are tested anew for pressure resistance.

Under Article 47, Clause 1, Item 4 of the Container Safety Regulations, the period for re-testing of seamless containers of less than 500-liter capacity which are the subject of this complaint is set at three years.

In other countries, the period before re-testing is required is 5-10 years in the United States, 2-20 years in the U.K. and 2-10 years in Germany.

4. Complaint:

The Pressurized Gas Control Law (Container Safety Regulations) sets the re-testing period for seamless containers of less than 500-liter capacity at three years. As there appear to be no technical problems, the period before re-testing is required for seamless containers of less than 500-liter capacity should be made the same as the five years for seamless containers of over 500-liter capacity.

5. Results of deliberation:

Although intended to prevent accidents, overly stringent safety regulations increase the burden on businesses. From the perspective of creating an environment conducive to international business, such regulations can inhibit direct investment in Japan and should be kept to a minimum. This is especially so when the burden imposed is much greater in comparison to other countries.

In its January 1996 report, the Safety Council on Pressurized Gases and Explosives recommended that the length of the period before re-testing is required for containers and peripheral equipment be extended, given improvements in the quality of pressurized gas containers, and after studying technical data and other information. Accordingly, in the light of this complaint, the concerned ministry is currently studying the overall re-testing system for containers, including the length of testing cycles, in a committee including persons in related businesses during FY1997, and based on the results of this study, will implement measures during FY1997.

In order to reduce the burden on businesses, the concerned ministry should study the matter and take the necessary actions after reaching a conclusion as soon as possible.

Government decision (March 25,1997)

3-(5) Relaxation of container re-testing period

Based on the recommendations of the security advisory council on pressurized gases and explosives (January 1996), a committee of members, including persons in related businesses, is currently studying the entire re-testing system for containers, including the testing cycle. They will reach a conclusion as soon as possible, and based on the results of their study, will produce results in FY 1997.