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| 7th Report of Market Access Ombudsman Council (March 18, 2002) |
1. Complainant: Tokyo Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Land, Infrastructure and Transport
3. Complaint:
As a result of the revision of the labor-management agreement on the working hours of harbor loading and unloading in April 2000, it is said that stevedoring on Sundays and whole-day harbor practices except for 4 hours before the daybreak on weekdays are now available. ("Response of ministries and agencies to opinions and requests from Japan and abroad concerning regulatory reforms" April 2001). However, in the case of the container yard at Osaka harbor, for example, loading operations are open only Monday through Friday (Saturday mornings in some cases) and the working hours are set at 8:30~11:30 and 13:00~16:00. The situation is the same in the 9 major ports in Japan.
The ministry says that the problem should be solved not by regulations by the state but through talks between the labor and management. However, even if customs clearance operations are open 24 hours a day, it is meaningless if harbor operations are not open for 24 hours. Therefore, the Ministry of Land, Infrastructure and Transport should work on the business organizations concerned to improve the situation from the standpoint of harbor users.
The Ministry of Land, Infrastructure and Transport says that, from the standpoint of maintaining and strengthening the international competitiveness of major Japanese ports, it will establish a study committee composed of related persons and study measures to remove factors that obstruct moves toward 24 hour operations. We would like to know the progress and details of the study.
4. Corresponding Policy of the Ministries concerned:
(1) With regard to the 24-hour full opening of harbor practices, "The Outline of New Comprehensive Distribution Measures" (Cabinet decision on July 6, 2001) says, "In order to further enhance the efficiency and services of harbor operations, (the government) will strengthen business foundations by promoting computerization and joint operations of work and promote efforts by the parties concerned to realize 24-hour full opening of harbor practices, while striving to expand the working hours for administrative procedures.
(2) The Ministry of Land, Infrastructure and Transport, for its part, inaugurated the FY2001 Harbor Distribution Efficiency Promotion Study Committee on June 21 to realize 24-hour full opening of harbor practices at an early date. The committee is composed of representatives of the parties concerned, including the Japan Harbor Transportation Association, the Japanese Shipowners' Association (JSA), Japan Shippers' Council, the Japan Federation of Economic Organizations, harbor administrators, and the administration (Ports and Harbors Bureau, Maritime Bureau, Customs and Tariff Bureau, Japan Coast Guard, and the Ministry of Health, Labor and Welfare). The committee is now investigating specific requests from shipping companies and shippers, problems of labor costs arising from the introduction of a work shift system, and conditions of individual harbors.
(Note: As a result of labor-management consultations held later, it was agreed to open harbor operations 24 hours throughout the year, except on January 1. The 24-hour, 364 days-a-year full opening of harbor practices was realized in late November 2001.)
5. Remarks
The complainant accepted this policy.