6th Report of Market Access Ombudsman Council (March 16, 2000)

5-(6) Indicating the schedule for implementing performance standards of the Building Standards Law and establishing transparency in setting down government ordinances and rules

1. Complainant: Japan-America Cooperative Conference

2. Ministry concerned: Ministry of Construction

3. Complaint:

The Building Standards Law was revised at the regular session of the Diet in June 1998, and provisions regarding performance (system whereby various materials, equipment, and structural methods may be used as long as they meet specific performance requirements) are to be implemented by June 12, 2000.This is a major overhaul of the law in the direction of deregulation and foreign businesses look forward to its appropriate application and effectiveness. However, no information has been provided on when implementation ordinances and rules for implementation will be set and concerning the schedule until announcement is made, and neither are many details of the above known. The revised law is an issue that very much interests not only Japanese but also foreign industries and organizations concerned, and since it has a major impact, implementation should be carried out smoothly and with the greatest attention possible. The implementation schedule should be made clear and cabinet ordinances and so on should be clear and transparent.

4. Corresponding Policy of the Ministries concerned:

Regarding the content of cabinet ordinances, the ministry is planning to announce these in proposal form as necessary and appropriately, based on the "Procedures for Submitting Comments Concerning Setting or Abolition of Regulations" (the so-called public comment procedures) decided by the Cabinet on March 23, 1999.

5. Remarks
The complainant accepted this policy.
The ministry announced the proposed changes to the implementation ordinances and held public comment procedures between February 15 and March 14, 2000. The outline of the ordinances was also presented in English.