| TOP |
| 5th Report of Market Access Ombudsman Council (March 17, 1998) |
1. Complainant: Tokyo Chamber of Commerce
2. Ministry concerned: Ministry of International Trade and Industry, Ministry of Labour
3. Complaint:
Regulation of the design, manufacture, and inspection of compressors, boilers, heat exchangers and other pressurized containers involves complex and unclear technical standards and complicated procedures, owing to the various different ordinances from different government offices (Ministry of International Trade and Industry and Ministry of Labour). At present, excessive time and effort are required, making the process inefficient. As the regulations make the bringing in of overseas products highly disadvantageous in terms of cost and delivery time, the following improved measures should be considered.
(1) Make the technical standards consistent with JIS. For pressurized containers, make them consistent with JISB8270 (basic standards on pressurized containers).
(2) Aim to internationalize the technical standards in future.
1) Establish a mutual approval system between JIS and ASME.
2) Reduce and clarify additional specifications using ASME, an international standard, as a base.
3) Recognize the inspection agencies designated overseas for overseas business (Lloyd's, etc.) and internationalize technical standards and inspections.
(3) Make an actual clear, international-like procedural manual pertaining to bringing in over overseas goods.
(4) Aim to reduce and simplify the items to be inspected and the inspection documents and minimize the translation of inspection documents, etc., into Japanese.
(5) Transfer all obligation and authority pertaining to inspections to private inspection companies.
4. Corresponding Policy of the Ministries concerned:
(1)
Revision of the JIS standards on pressurized containers will be begin in fiscal year 1997, and in cooperation with the related ministries, coordination of the mandatory legislation (High-Pressure Gas Safety Law, Gas Enterprises Act, Electricity Enterprises Act and Industrial Safety and Health Law) will be aimed for as much as possible.
[MITI]
There exists a major difference in the purpose, content, and validity between the Industrial Safety and Health Law and those of Industrial Standardization Law. Industrial Safety and Health Law is a compulsory legislation with regulations in order to prevent work-related accidents which harm human life and health, whereas Industrial Standardization Law is a voluntary legislation aiming at improvement of quality and productivity. Therefore it is not appropriate to unify the Construction of Code of the Industrial Safety and Health Law, and JIS Standard which is a technical standard of the Industrial Standardization Law. However, the Ministry of Labour is making an effort to seek for conformity for acceptance with the JIS standard, where it is appropriate.
[Ministry of Labour]
(2)
1) As there is no authorization system on pressurized containers under the Industrial Standardization Law, we will need to consider this issue.
[MITI]
The JIS standards do not stipulate an accreditation system for pressure vessels and would not adapt well to a mutual recognition system with the ASME standards.
[Ministry of Labour]
2) In terms of the technical standards of the High-Pressure Gas Safety Law, at present, the ASME standards are a recognized element pertaining to specific equipment (particularly necessary for the inspections of design, material quality and the manufacturing process for preventing the explosion of high-pressure gas and other accidents).
As the technical standards of the Electricity Enterprises Act avoid, as much as possible, specific stipulations on materials, structure and the like, as long as the safety level can be guaranteed, the use of fair, private standards from overseas, like ASME, has been recognized in Japan from the first.
The technical standards of the Gas Enterprises Act cite a portion of the JIS standards in stipulating materials, structures and the like, and to broaden the field of choice for enterprises, for materials with functional qualities equivalent or superior to those conforming to the technical standards, parts of ASME, ISO and other international standards have been recognized by means of related notifications.
At present, the issue of steering technical standards in the direction of stipulating performance is under consideration, with conclusions expected sometime in fiscal year 1999. In this case, it is expected that the JIS standards, overseas standards, etc. will be accepted into the inspection standards.
[MITI]
2) At present system, pressure vessels manufactured by ASME standards can be recognized conformity with the Industrial Safety and Health Law and its Construction Code. Our system accepts not only standard models made of materials by JIS, design and manufacturing prescribed in Construction Code, but the equivalent models if their safety is proved equal or superior.
The documents for proving the equivalency are clearly described depending on the case, and limited to the necessary minimum.
[Ministry of Labour]
3) Under the High-Pressure Gas Safety Law, when the materials necessary for the inspection of specific equipment to be imported have been submitted, domestic testing may be omitted. Moreover, it may be possible for overseas manufacturers of specific equipment that have been registered with the Minister of International Trade and Industry as having excellent quality-control systems to conduct their own inspections on the specific equipment.
Under the Electricity Enterprises Act, the operation and inspection records of the manufacturers, etc., in the manufacturing country are accepted in the welding inspection of the goods for import.
Under the Gas Enterprises Act, the inspection work is done on the government level, but the issue of involving third-party inspection agencies is now under consideration, and a conclusion is expected to be reached within fiscal year 1999.
[MITI]
Under the Industrial Safety and Health Law, five agencies, such as Lloyd's Register of Shipping, have already been recognized as designated overseas inspection agencies.
[Ministry of Labour]
(3) As a manual on the inspection methods and procedural methods under the High-Pressure Gas Safety Law, "Application and Inspection of High-Pressure Gas Equipment for Import" (issued by the High Pressure Gas Safety Institute, in Japanese and English) is being distributed.
Procedures related to the Electricity Enterprises Act have been publicized by means of "Guidance on the Welding Inspection Application and on Making the Application for Welding Inspection for Imported Goods" (issued by Japan Power Engineering and Inspection Corporation), with consideration given to transparency.
Concerning the Gas Enterprises Act, "Essentials of the Pre-usage Inspection" and "Essentials of the Periodic Inspection" have been created, which each gas-related enterprise may purchase.
[MITI]
Although the procedures under the Industrial Safety and Health Law concerning the import of pressure vessels have been clarified through ordinances and the like, we may consider creating a procedural manual in cooperation with the related organizations, if necessary, and aim to set forth our conclusions by the end of fiscal year 1998
[Ministry of Labour]
(4) Concerning the High-Pressure Gas Safety Law, both the range of specific equipment and a reduction of the inspection during processing for each specific piece of equipment are under consideration. In addition, even the English-language versions of the materials necessary for the inspections are being accepted.
For the welding inspection for goods to be imported under the Electricity Enterprises Act, the aim is to make the inspection simpler than that for pressure-resisting structures welded within Japan. In addition, even the English-language versions of the materials necessary for the inspection are being accepted.
The items for inspection and inspection documents under the Gas Enterprises Act are at the necessary minimum. Concerning equipment targeted for inspection, etc., in view of technical progress, improved safety levels and the like, successive rationalization of regulations is underway. For example, a reduction, etc., of the targeted range of construction plan approval, reports, and pre-usage inspections by February 1997 have been aimed for. In addition, even the English-language versions of the materials necessary for inspections are being accepted.
[MITI]
We consider the existing items checked by the inspection is the necessary minimum.
Applications in languages other than Japanese are not acceptable under the Industrial Safety and Health Law. This is because we can not eliminate the risk that applicant's intentions concerning safety matters are misinterpreted and misconveyed and thus hinders proper investigation, which could put human life and health at risk.
[Ministry of Labour]
(5) Under the High-Pressure Gas Safety Law, it is possible to have inspections of specific equipment done by private inspection companies.
Under the Electricity Enterprises Law, the addition of private enterprises to the designated inspection agencies for conducting the welding inspections is currently under consideration, along with the entire system, and conclusions are expected to be reached within 1999.
Under the Gas Enterprises Act, inspection work is done on the government level, but the issue of involving third-party inspection agencies is now under consideration, and a conclusion is expected to be reached within fiscal year 1999.
[MITI]
Under the Industrial Safety and Health Law, a system for designated overseas inspection agencies was introduced in 1985. The new rule is; if inspection is done by a designated overseas inspection agencies, such as Lloyds Register of Shipping, for a machine at an overseas manufacturing site, another inspection in Japan for the same machine is no longer necessary.
[Ministry of Labour]