Published: 2006
Key Benefits:
Act on Promotion of Global Warming
Countermeasures
(Act No. 117 of October 9, 1998)
Table of Contents
Chapter I General Provisions (Articles 1-7)
Chapter II Kyoto Protocol Target Achievement Plan (Articles 8-9)
Chapter III Global Warming Prevention Headquarters (Articles 10-19)
Chapter IV Programs for Control of Greenhouse Gases (Articles 20-27)
Chapter V Maintaining Greenhouse Gas Absorption by Forests and Plants
(Article 28)
Chapter VI Quota Account Inventory (Articles 29-41)
Chapter VII Miscellaneous Provisions (Articles 42-47)
Chapter VIII Punitive Provisions (Articles 48-50)
Chapter I General Provisions
(Purpose)
Article 1 In recognition of the serious impact of global warming on the
environment of the entire planet, and the importance of efforts on the part of
all humankind to actively and voluntarily address the universal issue of
stabilizing greenhouse gas concentrations in the atmosphere at levels where
human interference does not pose a danger to climate systems, the purpose of
this Law is to promote global warming countermeasures by formulating a plan
for attaining targets under the Kyoto Protocol and taking measures to promote
the control of greenhouse gas emissions due to social, economic, and other
activities, thereby contributing to the health and cultural life of the Japanese
people, both now and in the future, as well as contributing to the wellbeing of
all humankind.
(Definitions)
Article 2 (1) The term "global warming" as used in this Law shall mean the
phenomenon in which the temperature of the earth's surface and atmosphere
rises incrementally, affecting the planet as a whole, as the concentration of
greenhouse gases in the atmosphere is increased by greenhouse gases
generated as a result of human activity.
(2) The term "global warming countermeasures" as used in this Law shall mean
measures to control greenhouse gas emissions and to maintain and improve the
absorption of greenhouse gases (hereinafter referred to as "control of
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greenhouse gases") and other measures taken in international cooperation for
the prevention of global warming.
(3) The term "greenhouse gases" as used in this Law shall mean the following
substances.
(i) Carbon dioxide (CO2)
(ii) Methane (CH4)
(iii) Nitrous oxide (N2O)
(iv) Those hydrofluorocarbons specified by Cabinet Order
(v) Those perfluorocarbons specified by Cabinet Order
(vi) Sulfur hexafluoride (SF6)
(4) The term "greenhouse gas emissions" as used in this Law shall mean the
discharge, release, or leakage into the atmosphere of greenhouse gases
generated in conjunction with anthropogenic activities, or the use of electric
power or heat (limited to heat derived from fuel or electricity) that is supplied
by others.
(5) The term "total greenhouse gas emissions" as used in this Law shall mean the
sum of all values obtained by multiplying the global warming potential of each
substance constituting a greenhouse gas by the emissions of that substance as
calculated by methods specified in a Cabinet Order. (In this article and
hereinafter, global warming potential [GWP] indicates a coefficient for each
substance constituting a greenhouse gas which indicate that substance's effect
on global warming as a ratio to that of carbon dioxide, specified by a Cabinet
Order on the basis of internationally recognized knowledge.)
(6) The term "carbon dioxide equivalent quota" as used in this Law shall mean
the following quantities, expressed in units corresponding to one ton of carbon
dioxide.
(i) Quotas prescribed under Article 3, No. 7 of the Kyoto Protocol of the United
Nations Framework Convention on Climate Change (hereinafter referred to
as "Kyoto Protocol").
(ii) Quotas of net change as prescribed in Article 3, No. 3 of the Kyoto Protocol.
(iii) Emissions reduction units as prescribed in Article 6, No. 1 of the Kyoto
Protocol.
(iv) Certified emissions reductions as prescribed in Article 12, No. 3(b) of the
Kyoto Protocol.
(v) Other quantities besides those listed above, if recognized as quotas
calculated under Article 3, No. 1 of the Kyoto Protocol in the case of fulfilling
a commitment pursuant to that article.
(Responsibilities of the national government)
Article 3 (1) The national government shall conduct monitoring and observation
to determine changes in the concentrations of greenhouse gases in the
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atmosphere and related climate changes and ecological matters, and shall
formulate and implement comprehensive, plan-based global warming
countermeasures.
(2) The national government shall implement programs for the control of
greenhouse gases and take care to ensure that its programs related to the
control of greenhouse gases will contribute to the control of greenhouse gases
in a manner that is consistent with attaining the goals of those programs.
(3) The national government shall take measures to reduce greenhouse gas
emissions and to maintain and improve greenhouse gas absorption with regard
to its own administration and undertakings, support the programs of local
government bodies for the control of greenhouse gases, and endeavor to provide
technical advice and other measures to promote activities by businesses,
citizens, and private groups organized by businesses or citizens (hereinafter
referred to as "private entities") with regard to the control of greenhouse gases.
(4) The national government shall take the measures needed to fulfill its
commitment pursuant to Article 3 of the Kyoto Protocol, including acquisition
of the quantities stated in Paragraph (6), Items (iii) and (iv) of the preceding
article, and participation in emissions trading as prescribed in Article 17 of the
Kyoto Protocol.
(5) The national government shall conduct surveys regarding global warming and
the prediction of its effects, surveys regarding technologies for the control of
greenhouse gases, and other surveys needed to formulate global warming
countermeasures.
(6) The national government shall endeavor to take the necessary measures to
ensure international collaboration for the effective implementation of the
monitoring and observation prescribed in Paragraph (1), international
cooperation for implementation of the surveys prescribed in the preceding
paragraph, and other international cooperation related to global warming; and
shall endeavor to provide information and take other necessary measures to
promote activities by local governments or private entities for international
cooperation regarding the control of greenhouse gases.
(Responsibilities of local governments)
Article 4 (1) Local governments shall implement programs for the control of
greenhouse gases in accordance with the natural and social conditions of their
local areas.
(2) Local governments shall take measures to reduce greenhouse gas emissions
and to maintain and improve greenhouse gas absorption with regard to their
own administration and undertakings, and shall endeavor to provide
information and take other measures with regard to the steps prescribed in the
preceding paragraph, in order to promote activities by businesses and residents
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in their local areas concerning the control of greenhouse gases.
(Responsibilities of business operators)
Article 5 Business operators shall strive to develop measures for the control of
greenhouse gases regarding their business activities (including measures to
contribute to the control of greenhouse gases by others), and shall cooperate
with programs of the national government and local governments for the
control of greenhouse gases.
(Responsibilities of the general public)
Article 6 Members of the general public shall strive to develop measures for the
control of greenhouse gases with regard to activities of their daily lives, and
shall cooperate with programs of the national government and local
governments for the control of greenhouse gases.
(Calculating greenhouse gas emissions and sinks)
Article 7 In order to prepare the inventory prescribed in Article 4, Item 1 (a) of
the United Nations Framework Convention on Climate Change and the annual
inventory prescribed in Article 7, Item 1 of the Kyoto Protocol, the national
government shall calculate greenhouse gas emissions and sinks in Japan each
year, and the results shall be published as prescribed by an Ordinance of the
Ministry of the Environment.
Chapter II Kyoto Protocol Target Achievement Plan
(Kyoto Protocol Target Achievement Plan)
Article 8 (1) The national government shall establish a plan for attaining the
targets prescribed in Article 3 of the Kyoto Protocol (hereinafter referred to as
the "Kyoto Protocol Target Achievement Plan").
(2) The Kyoto Protocol Target Achievement Plan shall prescribe the following
matters.
(i) Basic orientation regarding the promotion of global warming
countermeasures
(ii) Basic matters regarding the control of greenhouse gases which should be
taken by the national government, local governments, businesses, and
citizens, respectively.
(iii) Targets regarding greenhouse gas emissions and sinks for each class and
category of greenhouse gases.
(iv) Targets regarding implementation of measures which are necessary in
order to achieve the targets of the preceding item.
(v) Matters regarding programs of the national government and local
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governments which are necessary in order to achieve the targets of the
preceding item.
(vi) Basic matters regarding the National Government Action Plan as
prescribed in Article 20-2, Paragraph (1) and the action plans of local
governments as prescribed in Article 21, Paragraph (1).
(vii) Basic matters regarding plans that should be formulated and announced
concerning measures for the control of greenhouse gases related to
businesses with considerably high total greenhouse gas emissions (including
measures to contribute to the control of greenhouse gas emissions by other
parties).
(viii) Basic matters regarding measures prescribed in Article 3, Paragraph (4).
(ix) Other important matters regarding global warming countermeasures, in
addition to those indicated in the items above.
(3) The Prime Minister shall seek a Cabinet decision concerning the proposed
Kyoto Protocol Target Achievement Plan.
(4) Upon the Cabinet decision prescribed by the preceding paragraph, the Prime
Minister shall announce the Kyoto Protocol Target Achievement Plan without
delay.
(Changes in the Kyoto Protocol Target Achievement Plan)
Article 9 (1) The national government shall conduct study in 2007 concerning
the targets and programs prescribed in the Kyoto Protocol Target Achievement
Plan, in view of the situation in Japan including the levels of greenhouse gas
emissions and sinks.
(2) The national government shall promptly change the Kyoto Protocol Target
Achievement Plan if it finds this to be necessary based on the results of study
prescribed in the preceding paragraph.
(3) The provisions of Articles 3 and 4 of the preceding article shall apply mutatis
mutandis regarding changes in the Kyoto Protocol Target Achievement Plan.
Chapter III Global Warming Prevention Headquarters
(Establishment of the Global Warming Prevention Headquarters)
Article 10 The Global Warming Prevention Headquarters (hereinafter referred
to as "Headquarters") shall be established under the Cabinet for the
comprehensive, plan-based implementation of global warming countermeasures.
(Scope of authority)
Article 11 Headquarters shall have authority over the following operations.
(i) Matters related to preparation and execution of the Kyoto Protocol Target
Achievement Plan.
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(ii) Matters related to general coordination regarding the implementation of
global warming countermeasures from a long-term standpoint.
(Organization)
Article 12 Headquarters shall consist of a Headquarters Chairman,
Headquarters Vice Chairmen, and Headquarters Members.
(Headquarters Chairman)
Article 13 (1) Headquarters shall be headed by a Headquarters Chairman
(hereinafter referred to as "Chairman"); and the Prime Minister shall serve in
this capacity.
(2) The Chairmen shall command department staff of Headquarters and
administrate the operations regarding to under the authority of Headquarters.
(Headquarters Vice Chairmen)
Article 14 (1) Headquarters shall include Headquarters Vice Chairmen
(hereinafter referred to as "Vice Chairmen"); and the chief Cabinet secretary,
the Minister of the Environment, and the Minister of Economy, Trade and
Industry shall serve in this capacity.
(2) The Vice Chairmen shall assist with the duties of the Chairman.
(Headquarters Members)
Article 15 (1) Headquarters shall include Headquarters Members (hereinafter
referred to as "Members").
(2) All of the state ministers other than the Chairman and the Vice Chairmen
shall serve in the capacity of Members.
(Director)
Article 16 (1) Headquarters shall include a Director.
(2) The Prime Minister shall appoint an official of a related administrative body
as Director.
(3) The Director shall assist the Chairman, Vice Chairmen, and Members with
regard to operations under the authority of Headquarters.
(Operations)
Article 17 Operations regarding Headquarters shall be handled by the Cabinet
Secretariat and administered by the assistant to the deputy chief cabinet
secretary as instructed.
(Chief minister)
Article 18 The Prime Minister shall be the chief minister as indicated in the
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Cabinet Law (Law No. 5 of 1947) for matters pertaining to Headquarters.
(Other matters concerning Headquarters)
Article 19 Other necessary matters regarding Headquarters, in addition to what
is provided in this Law, shall be prescribed by Cabinet Order.
Chapter IV Programs for Control of Greenhouse Gases
(Programs by the national government and local governments)
Article 20 (1) Using knowledge concerning technologies for the control of
greenhouse gases, information regarding the levels of greenhouse gas
emissions which is reported as prescribed by this Law, and other information,
the national government shall endeavor to comprehensively and effectively
implement the programs needed for the control of greenhouse gases, in
collaboration with local governments.
(2) In view of the Kyoto Protocol Target Achievement Plan, prefectural and
municipal governments shall endeavor to formulate and implement
comprehensive, plan-based programs for the control of greenhouse gases, in
accordance with the natural and social conditions of their local areas.
(National Government Action Plan)
Article 20-2 (1) The national government shall implement a plan (referred to
hereinafter in this article as the "National Government Action Plan") for
measures to reduce greenhouse gas emissions and to maintain and improve
greenhouse gas absorption with regard to its own administration and
undertakings, in line with the Kyoto Protocol Target Achievement Plan.
(2) The National Government Action Plan shall prescribe the following matters.
(i) Plan period
(ii) Goals of the National Government Action Plan
(iii) Content of measures to be implemented
(iv) Other matters needed for implementation of the National Government
Action Plan
(3) The Minister of the Environment shall prepare a draft of the National
Government Action Plan and seek a Cabinet decision.
(4) Before preparing a draft of the National Government Action Plan, the
Minister of the Environment shall consult in advance with the heads of related
administrative bodies.
(5) Upon the Cabinet decision prescribed by Paragraph (3), the Minister of the
Environment shall announce the National Government Action Plan without
delay.
(6) The provisions of Article 3 shall apply mutatis mutandis regarding changes in
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the National Government Action Plan.
(7) Once each year, the national government shall announce the situation of
implementation of measures based on the National Government Action Plan,
including total greenhouse gas emissions.
(Action plans of local governments)
Article 21 (1) Prefectural and municipal governments shall formulate plans
(referred to hereinafter in this article as "action plans of local governments")
for measures to reduce greenhouse gas emissions and to maintain and improve
greenhouse gas absorption with regard to their own administration and
undertakings, in line with the Kyoto Protocol Target Achievement Plan.
(2) The action plans of local governments shall prescribe the following matters.
(i) Plan period
(ii) Goals of the action plans of local governments
(iii) Content of measures to be implemented
(iv) Other matters needed for implementation of the action plans of local
governments
(3) Upon formulating or changing action plans of local governments, the
respective prefectural and municipal governments shall announce those plans
without delay.
(4) Once each year, the respective prefectural and municipal governments shall
announce the situation of implementation of measures based on the action
plans of local governments, including total greenhouse gas emissions.
(Reporting of carbon dioxide equivalent greenhouse gas emissions)
Article 21-2 (1) Parties specified by Cabinet Order as producing considerably
high greenhouse gas emissions in conjunction with their business activities
(including undertakings of the national government and local governments; the
same shall apply hereinafter in this article) shall be hereinafter referred to as
"specified emitters." For each place of business (or for each division specified by
Competent Ministerial Order, in the case of a party designated by Competent
Ministerial Order as a specified emitter who should report according to
divisions other than places of business in view of the type of business
activities; the same shall apply hereinafter in this paragraph, as well as in
Article 21-3, Paragraph (1), in Article 21-4, Paragraph (2), Item (ii), and in
Article 21-6, Paragraph (2), Item (ii)), specified emitters shall report every
fiscal year, as prescribed by Competent Ministerial Order, to the minister who
has jurisdiction over the area of business pertaining to the place of business in
question (hereinafter referred to as "minister having jurisdiction over the
business in question") on the matters specified by Competent Ministerial Order
concerning the carbon dioxide equivalent greenhouse gas emissions produced
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during a period specified by Competent Ministerial Order.
(2) The term "carbon dioxide equivalent greenhouse gas emissions" as used in
this chapter shall mean the value obtained by multiplying the GWP of each
substance constituting a greenhouse gas by the emissions of that substance
produced in conjunction with the business activities of specified emitters, as
calculated by methods specified in a Cabinet Order.
(Requests pertaining to protection of rights and interests)
Article 21-3 (1) If there is believed to be a risk that the rights, competitive
standing, or other legitimate interests (hereinafter referred to as "rights and
interests") of a specified emitter could be injured by the publication of
information on carbon dioxide equivalent greenhouse gas emissions pertaining
to a report prescribed in Paragraph (1) of the preceding article, then that
specified emitter may submit a request to the minister having jurisdiction over
the business in question, asking that the notification prescribed in Article 21-4,
Paragraph (1) be conducted using the total value of carbon dioxide equivalent
greenhouse gas emissions related to that specified emitter for each place of
business (or the carbon dioxide equivalent greenhouse gas emissions pertaining
to that specified emitter, totaled as specified by Competent Ministerial Order,
if there are found to be special circumstances making it difficult to use that
value; the same shall apply in Article 21-4, Paragraph (2), Item (ii)) instead of
the carbon dioxide equivalent greenhouse gas emissions in question.
(2) When submitting a request pursuant to the preceding paragraph, specified
emitters shall submit the reasons for the request, as prescribed by Competent
Ministerial Order, along with a report as prescribed by Paragraph (1) of the
preceding article.
(3) If the minister having jurisdiction over the business in question approves of a
request pursuant to Paragraph (1), that minister shall issue a decision to that
effect and notify the specified emitter who submitted the request.
(4) If the minister having jurisdiction over the business in question does not
approve of a request pursuant to Paragraph (1), that minister shall issue a
decision to that effect and, immediately after this decision is issued, shall
notify the specified emitter who submitted the request and inform that
specified emitter of the reasons why the request was not approved.
(5) The decisions of the two preceding paragraphs shall be made within 30 days
from the date of the request pursuant to Paragraph (1).
(6) Notwithstanding the provisions of the preceding paragraph, the minister
having jurisdiction over the business in question may extend the period of the
preceding paragraph for up to 30 days in the case of difficulty regarding
administrative processing or other justifiable grounds.
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(Notification of reported matters)
Article 21-4 (1) Upon receiving a report as prescribed in Article 21-2, Paragraph
(1), the minister having jurisdiction over the business in question shall notify
the Minister of the Environment and the Minister of Economy, Trade and
Industry concerning the matters pertaining to that report.
(2) Notification pursuant to the preceding paragraph shall be conducted as
follows.
(i) If no request has been made pursuant to Paragraph (1) of the preceding
article, notification shall be made without delay concerning the matters
pertaining to the report.
(ii) If a request has been made pursuant to Paragraph (1) of the preceding
article, and a decision has been issued pursuant to Paragraph (3) of that
article, then notification shall be made without delay concerning the matters
pertaining to the report. (Among those matters, instead of the carbon dioxide
equivalent greenhouse gas emissions pertaining to that decision, the total
value of carbon dioxide equivalent greenhouse gas emissions pertaining to
that specified emitter for each place of business shall be indicated.)
(iii) If a request has been made pursuant to Paragraph (1) of the preceding
article, and a decision has been issued pursuant to Paragraph (4) of that
article, then notification concerning the matters pertaining to the report
shall be made promptly after two weeks have elapsed from the date of
notification to the specified emitter as prescribed in that paragraph.
(3) Upon receiving a report as prescribed in Article 21-2, Paragraph (1), the
minister having jurisdiction over the business in question shall total up the
carbon dioxide equivalent greenhouse gas emissions pertaining to that report
without delay, as prescribed by Competent Ministerial Order.
(4) The minister having jurisdiction over the business in question shall notify the
Minister of the Environment and the Minister of Economy, Trade and Industry
without delay concerning the totals obtained as prescribed in the preceding
paragraph. However, if there is a risk that the rights and interests of a
specified emitter pertaining to a decision pursuant to Paragraph (3) of the
preceding article could be injured by notification of those totals, then instead of
the carbon dioxide equivalent greenhouse gas emissions pertaining to those
totals, notification shall be made of the total values obtained as prescribed by
Competent Ministerial Order.
(Records of reported matters)
Article 21-5 (1) The Minister of the Environment and the Minister of Economy,
Trade and Industry shall prepare records of the matters notified pursuant to
Paragraph (1) of the preceding article in computer files as specified by
Ordinance of the Ministry of the Environment and by Ordinance of the
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Ministry of Economy, Trade and Industry.
(2) After preparing records as prescribed in the preceding paragraph, the
Minister of the Environment and the Minister of Economy, Trade and Industry
shall notify the minister having jurisdiction over the business in question
concerning the matters recorded in the files indicated in that paragraph
(hereinafter referred to as "matters in record files") pertaining to the specified
emitters conducting a business which comes under the authority of that
minister having jurisdiction over the business in question, without delay and
as specified by Ordinance of the Ministry of the Environment and by Ordinance
of the Ministry of Economy, Trade and Industry.
(3) The Minister of the Environment and the Minister of Economy, Trade and
Industry shall total up the matters notified pursuant to Paragraph (4) of the
preceding article, without delay and as specified by Ordinance of the Ministry
of the Environment and by Ordinance of the Ministry of Economy, Trade and
Industry. In this case, after confirming that there is no impediment to
protecting the rights and interests of the specified emitter pertaining to a
decision pursuant to Article 21-3, Paragraph (3), the Minister of the
Environment and the Minister of Economy, Trade and Industry may request
that the minister having jurisdiction over the business in question provide
notification of the total values of carbon dioxide equivalent greenhouse gas
emissions obtained pursuant to Paragraph (3) of the preceding article for use
in preparing those totals, as specified by Competent Ministerial Order.
(4) The Minister of the Environment and the Minister of Economy, Trade and
Industry shall notify the minister having jurisdiction over the business in
question without delay concerning the total values obtained pursuant to the
preceding paragraph and announce that information.
(Right to request disclosure)
Article 21-6 (1) If an announcement has been made as prescribed in Paragraph
(4) of the preceding article, then any person may request that the competent
minister disclose the matters in record files kept by that minister, on or after
the date of that announcement.
(2) Any request under the preceding paragraph (referred to hereinafter as
"disclosure request") shall include the following information.
(i) Name and address of the person or entity submitting the disclosure request,
and name of the representative in the case of a disclosure request submitted
by a corporation or other organization.
(ii) Name and address of the place of business or specified emitter pertaining to
the disclosure request, and any other information sufficient to identify that
place of business or specified emitter.
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(Obligation for disclosure)
Article 21-7 Upon receiving a disclosure request, the competent minister shall
promptly disclose to the requester those matters in record files which pertain
to that disclosure request.
(Providing information)
Article 21-8 (1) Specified emitters may provide additional information to the
minister having jurisdiction over the business in question along with a report
submitted pursuant to Article 21-2, Paragraph (1), including information on
changes in carbon dioxide equivalent greenhouse gas emissions pertaining to
that report, as specified by Competent Ministerial Order, in order to contribute
to further understanding of the information announced pursuant to Article 21-
5, Paragraph (4) or disclosed pursuant to the preceding article.
(2) The minister having jurisdiction over the business in question shall notify the
Minister of the Environment and the Minister of Economy, Trade and Industry
of the information provided as prescribed by the preceding paragraph.
(3) The Minister of the Environment and the Minister of Economy, Trade and
Industry shall prepare records of the information notified pursuant to the
preceding paragraph in computer files as specified by Ordinance of the
Ministry of the Environment and by Ordinance of the Ministry of Economy,
Trade and Industry.
(4) After preparing records as prescribed in the preceding paragraph, the
Minister of the Environment and the Minister of Economy, Trade and Industry
shall notify the minister having jurisdiction over the business in question
concerning the matters in record files pertaining to specified emitters
conducting a business which comes under the authority of that minister having
jurisdiction over the business in question, without delay and as specified by
Ordinance of the Ministry of the Environment and by Ordinance of the
Ministry of Economy, Trade and Industry.
(5) The Minister of the Environment and the Minister of Economy, Trade and
Industry shall notify the minister having jurisdiction over the business in
question concerning the information notified pursuant to Paragraph (2) and
announce that information, without delay and as specified by Ordinance of the
Ministry of the Environment and by Ordinance of the Ministry of Economy,
Trade and Industry.
(6) The provisions of the two preceding articles shall apply mutatis mutandis in
the case of an announcement as prescribed in the preceding paragraph.
(Technical advice)
Article 21-9 The competent minister shall provide the necessary technical advice,
information, and other assistance to specified emitters, in order to help ensure
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appropriate calculation of carbon dioxide equivalent greenhouse gas emissions
and promote voluntary steps for the control of greenhouse gases.
(Relationship to laws regarding rationalization of energy use)
Article 21-10 If a report has been submitted by a specified emitter as prescribed
in Article 15, Paragraph 1 of the Act on Rationalization of Energy Use (Act No.
49 of 1979) (including the cases in which it is applied mutatis mutandis
pursuant to Article 18, Paragraph 1 of that law), or in Article 20, Paragraph 3;
Article 56, Paragraph 1 (including the cases in which it is applied mutatis
mutandis pursuant to Article 69 or Article 71, Paragraph 6 of that law); or
Article 63, Paragraph 1 of that law, then with regard to application of the
provisions of Articles 21-2 through 21-9, Article 45, and Article 47, the portions
of that report regarding matters pertaining to carbon dioxide emissions shall
be deemed as reports pursuant to Article 21-2, Paragraph (1) regarding carbon
dioxide emissions produced in conjunction with the use of energy (referring to
energy as prescribed in Article 2, Paragraph (1) of that law). In this case, the
words "minister who has jurisdiction over the area of business pertaining to
the place of business in question (hereinafter referred to as 'minister having
jurisdiction over the business in question')" in Article 21-2, Paragraph (1), the
words "minister having jurisdiction over the business in question" in Article
21-3, Paragraphs (1), (3), (4), and (6), Article 21-4, Paragraphs (1), (3) and (4),
Article 21-5, Paragraph (4), Article 21-8, Paragraphs (1), (2) and (5), Article 45,
Paragraphs (1) and (2), and Article 47, Paragraph (1), the words "that minister
having jurisdiction over the business in question" in Article 21-5, Paragraph
(2) and Article 21-8, Paragraph (4), and the words "that minister having
jurisdiction over relevant businesses" in Article 21-5, Paragraph (3) shall be
deemed to be replaced with the words "competent minister" as prescribed in
Article 11, Paragraph (1) of the Act on Rationalization of Energy Use
(including the cases in which it is applied mutatis mutandis pursuant to
Article 12-3, Paragraph (1) of that law) with regard to reporting under Article
15, Paragraph 1 of that law (including the cases in which it is applied mutatis
mutandis pursuant to Article 18, Paragraph 1 of that law); with the words
"competent minister" as prescribed in Article 20, Paragraph 3 of the Act on
Rationalization of Energy Use with regard to reporting under Article 20,
Paragraph 3 of that law; with the words "Minister of Land, Infrastructure,
Transport and Tourism" with regard to reporting under Article 56, Paragraph
1 of that law (including the cases in which it is applied mutatis mutandis
pursuant to Article 69 and Article 71, Paragraph 6 of that law); or with the
words "competent minister" as prescribed in Article 63, Paragraph 1 of the Act
on Rationalization of Energy Use with regard to reporting under Article 63,
Paragraph 1 of that law; and other necessary technical matters with regard to
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application of the provisions of Articles 21-2 through 21-9, Article 45, and
Article 47 shall be specified by Cabinet Order.
(Plan regarding business activities of business operators)
Article 22 (1) Business operators, either independently or collectively, shall
endeavor to prepare and announce plans concerning measures for the control of
greenhouse gases regarding their business activities (including measures to
contribute to the control of greenhouse gases by others), by giving due
consideration to the provisions of the Kyoto Protocol Target Achievement Plan.
(2) Business operators who have prepared and announced plans as prescribed in
the preceding paragraph shall endeavor to announce the situation of
implementation of measures pertaining to plans under the preceding
paragraph, either independently or collectively, keeping the provisions of the
Kyoto Protocol Target Achievement Plan in mind.
(Climate change action officers)
Article 23 (1) Prefectural governors may delegate persons to serve as climate
change action officers who are enthusiastic and knowledgeable concerning the
promotion of activities for the regional dissemination of knowledge regarding
the current situation of global warming and related countermeasures and for
the promotion of global warming countermeasures.
(2) Climate change action officers shall perform the following activities.
(i) Deepening the understanding of the general public concerning the current
situation of global warming and the importance of global warming
countermeasures.
(ii) Investigating measures for the control of greenhouse gases with regard to
activities of daily life and providing guidance and advice based on such
investigation to member of the general public in response to their requests.
(iii) Supporting members of the general public who conduct activities to
promote global warming countermeasures by providing relevant information
and other types of cooperation.
(iv) Providing the necessary cooperation for programs conducted by the
national government or local governments for the control of greenhouse gases.
(Prefectural promotion centers for climate change action)
Article 24 (1) Prefectural governors may designate no more than one
organization per prefecture as a prefectural promotion center for climate
change action (hereinafter referred to as "Prefectural Centers for Climate
Change Action") upon application by that organization, providing that the
organization was established for the purpose of promoting activities to
contribute to the prevention of global warming by means such as education
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concerning global warming countermeasures, that the organization is
recognized as capable of appropriately and reliably performing the operations
prescribed in Paragraph (2) below, and that it is either a corporation under
Article 34 of the Civil Code (Law No. 89 of 1896) or a specified nonprofit
corporation under Article 2, Paragraph (2) of the Law to Promote Specified
Nonprofit Activities (Law No. 7 of 1998).
(2) Prefectural centers for climate change action shall perform the following
operations within their respective prefectures.
(i) Conducting education and public information activities concerning the
current situation of global warming and the importance of global warming
countermeasures, and supporting the activities of climate change action
officers and private organizations engaged in activities to promote global
warming countermeasures.
(ii) Responding to inquiries, providing consultation, and offering advice as
needed with regard to measures for the control of greenhouse gases in
relation to daily life.
(iii) Investigating the actual status of greenhouse gas emissions in relation to
daily life, in line with actual inquiries and requests for consultation under
the preceding item, and analyzing information and materials pertaining to
such investigation.
(iv) Providing the results of analysis as prescribed in the preceding item on a
regular basis or at appropriate times, in order to promote activities by
members of the general public for the sake of global warming
countermeasures.
(v) Other operations incidental to the above items.
(3) If the prefectural governor finds that improvement is needed in the
administration of the operations or financial situation of a prefectural center
for climate change action, then the prefectural governor may order that
prefectural center for climate change action to take the necessary measures for
such improvement.
(4) The prefectural governor may cancel the designation of a prefectural center
for climate change action under Paragraph (1) if it has violated an order as
prescribed in the preceding paragraph.
(5) The executive officers, employees, and former executive officers and
employees of a prefectural center for climate change action shall not divulge
any confidential information learned with regard to the operations indicated in
Paragraph (1), Items (ii)) or (iii), or operations indicated in Paragraph (1), Item
(v) (limited to those matters incidental to operations under Items (ii) or (iii) of
that paragraph).
(6) The necessary matters regarding prefectural centers for climate change action,
including the procedures for designation under Paragraph (1), shall be
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specified by an Ordinance of the Ministry of the Environment.
(Japan Center for Climate Change Action)
Article 25 (1) The Minister of the Environment may designate no more than one
organization in Japan as the Japan Center for Climate Change Action
(hereinafter referred to as "Japan Center for Climate Change Action" upon
application by that organization, providing that the organization was
established for the purpose of promoting activities to contribute to the
prevention of global warming through such means as education concerning
global warming countermeasures, that the organization is recognized as
capable of appropriately and reliably performing the operations prescribed in
Paragraph (2) below, and that it is a corporation under Article 34 of the Civil
Code (Law No. 89 of 1896).
(2) The Japan Center for Climate Change Action shall perform the following
operations.
(i) Conducting education and public information activities concerning the
current situation of global warming and the importance of global warming
countermeasures in at least two prefectures, and supporting the activities of
private organizations engaged in activities to promote global warming
countermeasures in at least two prefectures.
(ii) Investigation and research on ways to promote measures for the control of
greenhouse gases in relation to daily life, in line with practical examples of
greenhouse gas emissions in relation to daily life.
(iii) In addition to investigation and research indicated in the preceding item,
other investigation and research related to global warming and global
warming countermeasures, and the collection, analysis, and provision of
related information and materials.
(iv) Collection and provision of information regarding the amounts of
greenhouse gas emissions from products that result in greenhouse gas
emissions when used in daily life.
(v) Conducting liaison and coordination regarding the operations of prefectural
centers for climate change action, providing training for persons engaged
therein, and providing guidance and other assistance to prefectural centers
for climate change action.
(vi) Other operations incidental to the above items.
(3) The Minister of the Environment shall consult with the heads of related
administrative agencies in advance before making a designation under
Paragraph (1) above.
(4) The provisions of Paragraphs (3), (4), and (6) of the preceding article shall
apply mutatis mutandis to the Japan Center for Climate Change Action. In
this case, the words "prefectural governor" in Paragraphs (3) and (4) of that
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article shall be deemed to be replaced with "Minister of the Environment;" and
the words "Paragraph (1)" in Paragraphs (4) and (6) of that article shall be
deemed to be replaced with "Article 25, Paragraph (1)."
(Regional councils on global warming countermeasures)
Article 26 (1) Local governments, prefectural centers for climate change action,
climate change action officers, business operators, members of the general
public, and other entities engaged in activities to promote global warming
countermeasures may organize regional councils on global warming
countermeasures (referred to hereinafter as "regional councils") for the sake of
discussion concerning measures needed regarding the control of greenhouse
gases in relation to daily life.
(2) The members of regional councils shall respect the results of discussion
concerning matters agreed upon at a meeting for discussion under the
preceding paragraph.
(3) The regional councils shall determine the matters needed for their
administration, other than as provided in the two preceding paragraphs.
(Promotion of climate change action by the Minister of the Environment)
Article 27 The Minister of the Environment shall endeavor to promote activities
for the dissemination of knowledge concerning the current situation of global
warming and related countermeasures and for the promotion of global warming
countermeasures, in collaboration with the Japan Center for Climate Change
Action, local governments, regional councils, and other related organizations.
Chapter V Maintaining Greenhouse Gas Absorption by Forests and Plants
(Evaluating implementation of measures)
Article 28 In order to contribute to the determination and evaluation by local
governments and private entities of their own measures for the control of
greenhouse gases (including measures to contribute to the control of
greenhouse gases by others), the national government shall endeavor to
develop methods for determination and evaluation and to disseminate the
results of such measures.
Chapter VI Quota Account Inventory
(Preparation of quota account inventory)
Article 29 (1) The Minister of the Environment and the Minister of Economy,
Trade and Industry shall open accounts (hereinafter referred to as
"Management Accounts") for the acquisition, holding, and transferal of carbon
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dioxide equivalent quotas (hereinafter referred to as "Carbon Dioxide
Equivalent Quota Management") and shall prepare a quota account inventory
in accordance with international decisions regarding the calculation of quotas
pursuant to Article 7, No. 4 of the Kyoto Protocol (hereinafter referred to as
"International Decisions").
(2) The quota account inventory shall be prepared in its entirety using magnetic
disks (including other means of reliably recording certain matters by
equivalent methods; the same shall apply hereinafter).
(Attribution of carbon dioxide equivalent)
Article 30 The attribution of carbon dioxide equivalent quotas shall be
determined according to the records of the quota account inventory pursuant to
the provisions of this chapter.
(Matters recorded in quota account inventory)
Article 31 (1) The quota account inventory shall have the following divisions.
(i) Management Account of the national government
(ii) Management Account of a corporation having its headquarters or principal
office (hereinafter referred to as "Head Office") located in Japan (hereinafter
referred to as a "Japanese Corporation").
(2) Management Accounts of Item (ii) of the preceding paragraph shall be
classified according to the holder of each Management Account (party in whose
name the Management Account was opened; hereinafter referred to as
"Account Holder").
(3) The following matters shall be recorded in each Management Account of
Paragraph (1), Item (ii).
(i) Name of Account Holder, name of representative, location of Head Office,
and any other matters specified by an Ordinance of the Ministry of the
Environment or the Ministry of Economy, Trade and Industry.
(ii) Quantities and identification codes for each type of carbon dioxide
equivalent quota held (referring to the types given in each item under Article
2, Paragraph (6); the same shall apply hereinafter). (Here, "identification
codes" means the letters and numbers assigned by the signatory parties of
the Kyoto Protocol or the Secretariat of the United Nations Framework
Convention on Climate Change, hereinafter referred to as "Secretariat," for
per-unit identification of carbon dioxide equivalent quotas; the same shall
apply hereinafter).
(iii) If all or a portion of the carbon dioxide equivalent quotas of the preceding
item are trust assets, a statement to that effect.
(iv) Other matters specified by Cabinet Order.
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(Establishment of management accounts)
Article 32 (1) A Japanese Corporation which wishes to conduct Carbon Dioxide
Equivalent Quota Management must have a Management Account opened by
the Minister of the Environment and the Minister of Economy, Trade and
Industry.
(2) Only one Management Account may be opened for each Japanese Corporation.
(3) To have a Management Account opened, a Japanese Corporation shall submit
an application to the Minister of the Environment and the Minister of Economy,
Trade and Industry, stating its name, the name of its representative, the
location of its Head Office, and any other matters specified by an Ordinance of
the Ministry of the Environment or the Ministry of Economy, Trade and
Industry.
(4) The corporation's articles of incorporation, certificate of registered matters,
and any other documents specified by an Ordinance of the Ministry of the
Environment or the Ministry of Economy, Trade and Industry shall be
appended to the application of the preceding paragraph.
(5) Upon receiving an application for establishment of a Management Account as
prescribed in Paragraph (3), the Minister of the Environment and the Minister
of Economy, Trade and Industry shall establish a Management Account
without delay, unless false statements have been made in important matters of
the application or appended documents.
(6) After establishing a Management Account as prescribed in the preceding
paragraph, the Minister of the Environment and the Minister of Economy,
Trade and Industry shall promptly notify the Account Holder of the matters
needed in order to conduct Carbon Dioxide Equivalent Quota Management in
that Management Account.
(Notification of changes)
Article 33 (1) If any changes occur in the name of the Account Holder, the name
of its representative, the location of its Head Office, or any other matters
specified by an Ordinance of the Ministry of the Environment or the Ministry
of Economy, Trade and Industry, then the Account Holder shall notify the
Minister of the Environment and the Minister of Economy, Trade and Industry
to this effect without delay.
(2) After receiving notification under the preceding paragraph, the Minister of
the Environment and the Minister of Economy, Trade and Industry shall
change the relevant records without delay.
(3) The provisions of Article 32, Paragraph (6) shall apply mutatis mutandis to
changes in the records of the preceding paragraph.
(Transfer procedures)
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Article 34 (1) The Minister of the Environment and the Minister of Economy,
Trade and Industry shall handle the acquisition and transferal of carbon
dioxide equivalent quotas (hereinafter referred to as "transfer") by recording
increases and decreases to and from the carbon dioxide equivalent quotas in
the quota account inventory, as prescribed in this article.
(2) To conduct a transfer of carbon dioxide equivalent quotas, the Account Holder
in whose Management Account a decrease will be recorded due to the transfer
shall apply to the Minister of the Environment and the Minister of Economy,
Trade and Industry.
(3) In the application of the preceding paragraph, the Account Holder submitting
the application (hereinafter referred to as "Applicant") shall indicate the
matters listed below.
(i) The quantities and code numbers for each type of carbon dioxide equivalent
quota to be recorded as increased or decreased due to the transfer.
(ii) The Management Account in which an increase will be recorded due to the
transfer (hereinafter referred to as "Transferee Account"), except as provided
in the following item.
(iii) If applying for a transfer of carbon dioxide equivalent quotas to an account
which exists in another signatory country to the Kyoto Protocol (hereinafter
referred to as "Other Signatory Party"), the name of the Other Signatory
Party, and the account in which an increase will be recorded due to the
transfer.
(4) Upon receiving an application under Paragraph (2), the Minister of the
Environment and the Minister of Economy, Trade and Industry shall take the
steps listed below without delay, except for a case that comes under Item (iii)
of the preceding paragraph or another case specified by Ordinance of the
Ministry of the Environment or the Ministry of Economy, Trade and Industry.
(i) Record a decrease in the carbon dioxide equivalent quotas of Item (i) of the
preceding paragraph in the Management Account of the Applicant.
(ii) Record an increase in the carbon dioxide equivalent quotas of Item (i) of the
preceding paragraph in the Transferee Account.
(5) If the Applicant has submitted an application indicating the matters listed in
Paragraph (3), Item (iii), then the Minister of the Environment and the
Minister of Economy, Trade and Industry shall issue notification of the
transfer to the Other Signatory Party and the Secretariat, based on
International Decisions, unless otherwise specified by Ordinance of the
Ministry of the Environment or the Ministry of Economy, Trade and Industry;
and after receiving notification from the Other Signatory Party and the
Secretariat concerning completion of the transfer, the Minister of the
Environment and the Minister of Economy, Trade and Industry shall record a
decrease in the carbon dioxide equivalent quotas of Paragraph (3), Item (i) in
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the Management Account of the Applicant.
(6) Upon receiving notification from the Other Signatory Party or the Secretariat
concerning a transfer of carbon dioxide equivalent quotas to a Management
Account in the quota account inventory, the Minister of the Environment and
the Minister of Economy, Trade and Industry shall record an increase in the
carbon dioxide equivalent quotas of that Management Account.
(7) In addition to the provisions of Paragraphs (2)-(6), carbon dioxide equivalent
quotas may also be transferred under commission by government offices or
other public offices to the Minister of the Environment and the Minister of
Economy, Trade and Industry, as specified by an Ordinance of the Ministry of
the Environment or the Ministry of Economy, Trade and Industry.
(Conditions for effectuation of assignment of carbon dioxide equivalent quotas)
Article 35 (1) An assignment of carbon dioxide equivalent quotas shall not take
effect unless the assignee has had an increase in carbon dioxide equivalent
quotas, as per a transfer pursuant to the preceding article, recorded in its
Management Account as a result of that assignment.
(2) Concerning application of the provisions of the preceding paragraph to the
transfer of carbon dioxide equivalent quotas to an account that exists in
another signatory country, the recording of an increase pursuant to that
paragraph shall be considered to have been completed upon receipt of
notification from the Other Signatory Party and the Secretariat concerning the
completion of that transfer.
(Prohibition on pledges)
Article 36 No pledges may be established on carbon dioxide equivalent quotas.
(Perfection in trusts of carbon dioxide equivalent quotas)
Article 37 Unless the trustee of a trust regarding carbon dioxide equivalent
quotas has obtained the recording in the Management Account as prescribed in
Article 31, Paragraph (3), Item (iii) as specified by Cabinet Order, the trustee
may not set up against a third party.
(Presumption of legal possession)
Article 38 It shall be presumed that the national government and Account
Holders are in legal possession of the carbon dioxide equivalent quotas
recorded in their Management Accounts.
(Bona fide acquisition)
Article 39 If the national government or an Account Holder has obtained the
recording of an increase in carbon dioxide equivalent quotas in its Management
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Account due to a transfer pursuant to Article 34 (excluding Paragraph (6)),
then it shall obtain those carbon dioxide equivalent quotas. However, this shall
not apply in the case of bad faith or gross negligence on the part of the national
government or Account Holder.
(Requesting certification of matters recorded in the quota account inventory)
Article 40 An Account Holder may ask the Minister of the Environment and the
Minister of Economy, Trade and Industry to issue written certification of the
matters recorded in its Management Account in the quota account inventory.
(Reliance on Ordinances of the Ministry of the Environment or the Ministry of
Economy, Trade and Industry)
Article 41 The matters needed for implementation of the provisions in this
chapter, including the establishment of Management Accounts in the quota
account inventory and Carbon Dioxide Equivalent Quota Management, shall be
determined by Ordinances of the Ministry of the Environment or the Ministry
of Economy, Trade and Industry, except for the matters specified in this
chapter.
Chapter VII Miscellaneous Provisions
(Evaluating implementation of measures)
Article 42 In order to attain the targets prescribed in the Kyoto Protocol Target
Achievement Plan regarding the amount of absorption of greenhouse gases, the
national government and local governments shall take steps to maintain and
improve greenhouse gas sinks, based on the basic plan for forests and forestry
as prescribed in Article 11, Paragraph (1) of the Basic Law on Forests and
Forestry (Law No. 161 of 1964) and other plans regarding afforestation,
greening, and the preservation of forests and other green spaces.
(Cooperation with related administrative agencies)
Article 43 (1) The Minister of the Environment may ask the heads of related
administrative agencies to provide needed cooperation in the implementation
of global warming countermeasures with regard to programs to contribute to
the control of greenhouse gases, if he finds this necessary in order to attain the
goals of this Law.
(2) The Minister of the Environment may ask relevant prefectural governors to
provide needed materials or explanations if he finds this necessary in order to
attain the goals of this Law.
(Fees)
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Article 44 Persons who come under any of the following shall pay fees in an
amount specified by Cabinet Order in view of actual costs, in the manner
specified by Cabinet Order.
(i) Persons who obtain disclosure of matters in record files under Article 21-6,
Paragraph (1).
(ii) Persons applying for establishment of a Management Account under Article
32, Paragraph (3).
(iii) Persons applying for a transfer under Article 34, Paragraph (2).
(iv) Persons requesting issuance of documentation under Article 40.
(Use of magnetic disks)
Article 45 (1) The minister having jurisdiction over the business in question may
require the use of magnetic disks, as specified by Cabinet Order, for reports as
prescribed in Article 21-2, Paragraph (1), requests under Article 21-3,
Paragraph (1), and information as prescribed in Article 21-8, Paragraph (1).
(2) The minister having jurisdiction over the business in question may use
magnetic disks, as specified by Cabinet Order, for notifications as prescribed in
Article 21-3, Paragraphs (3) and (4).
(3) The competent ministers may use or require the use of magnetic disks, as
specified by Cabinet Order, for requests under Article 21-6, Paragraph (1)
(including the cases in which it is applied mutatis mutandis pursuant to
Article 21-8, Paragraph (6)), and for disclosure as prescribed in Article 21-7
(including the cases in which it is applied mutatis mutandis pursuant to
Article 21-8, Paragraph (6)).
(Transitional measures)
Article 46 When an order is enacted, changed, or abolished based on the
provisions of this Law, that order may establish transitional measures within
the scope judged to be reasonably necessary in conjunction with its enactment,
change or abolition.
(Competent ministers)
Article 47 (1) The competent ministers in this Law shall be the Minister of the
Environment, the Minister of Economy, Trade and Industry, and the minister
having jurisdiction over the business in question.
(2) Competent Ministerial Orders in this Law shall be orders issued by the
Minister of the Environment, the Minister of Economy, Trade and Industry, or
the minister having jurisdiction over the business in question.
(3) The authority of competent ministers under this Law may be delegated to the
heads of Regional Bureaus as specified by Competent Ministerial Order.
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Chapter VIII Punitive Provisions
Article 48 (1) Persons who have made false statements in applications as
prescribed in Article 32, Paragraph (3) shall be punished by a fine of up to
500,000 yen.
(2) If a representative, agent, employee, or other person engaged by a corporation
has committed the violation specified in the preceding paragraph with regard
to the business of that corporation, then in addition to punishment of the
person who committed the violation, the corporation itself shall also be subject
to the punishment prescribed in that paragraph.
Article 49 Persons who violate the provisions of Article 24, Paragraph (5) shall
be punished by a fine of up to 300,000 yen.
Article 50 Any person who falls under any of the following items shall be
punished by an administrative fine of up to 200,000 yen.
(i) Persons who submit a falsified report or fail to submit a report as prescribed
by Article 21-2, Paragraph (1).
(ii) Persons who submit falsified notification or fail to submit notification as
prescribed by Article 33, Paragraph (1).
Supplementary Provisions [Extract]
Article 3 The national government shall conduct study concerning the situation
of enforcement of this Law until 2008 and take any necessary measures based
on the results of such study.
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