Published: 2007
Key Benefits:
Act for Implementation of the Mutual Recognition
between Japan and Foreign States in Relation to
Results of Conformity Assessment Procedures of
Specified Equipment
(Act No. 111 of July 11, 2001)
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Designation of Overseas Conformity Assessment Business (Articles
3 to 13)
Chapter III Designated Evaluation Bodies (Articles 14 to 28)
Chapter IV Special Provisions of the Telecommunications Business Act, Etc.
Section 1 Registered Foreign Conformity Assessment Bodies (Articles 29 and
30)
Section 2 Special Provisions of the Telecommunications Business Act
(Articles 31 and 32)
Section 3 Special Provisions of the Radio Act (Articles 33 and 34)
Section 4 Special Provisions of the Electrical Appliances and Material Safety
Act (Article 35)
Chapter V Miscellaneous Provisions (Articles 36 to 44)
Chapter VI Penal Provisions (Articles 45 to 52)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to facilitate the manufacture, import, export,
sale and other business activities of specified equipment by setting forth
matters necessary for conducting overseas conformity assessment business,
prescribing special provisions of the Telecommunications Business Act (Act No.
86, 1984), Radio Act (Act No. 131, 1950) and Electrical Appliances and
Material Safety Act (Act No. 234, 1961), and taking other steps to ensure the
proper implementation of mutual recognition agreements.
(Definitions)
Article 2 (1) The term "mutual recognition agreements" as used in this Act
means international agreements, including treaties, which Japan and other
parties have concluded to mutually accept the results (including marks and
certificates of the results; the same shall apply in paragraph (3) and paragraph
1
(4)) of conformity assessment procedures (any procedures to determine whether
specified equipment fulfills relevant technical requirements set out in the
applicable laws and regulations of respective parties (laws and regulations on
the specified equipment and public notices and other administrative provisions
issued by the authorities of the respective parties; the same shall apply in
Article 3 paragraph (1)); hereinafter the same shall apply in this Article) and
for which taking steps pursuant to this Act to ensure the proper
implementation of the agreement is necessary as specified by a Cabinet Order.
(2) The term "specified equipment" as used in this Act means specified equipment
for export and specified equipment for import.
(3) The term "specified equipment for export" as used in this Act means
telecommunications terminal equipment, radio equipment and electrical
products in respect of which a foreign state as the party of a mutual
recognition agreement (hereinafter referred to as a "foreign state") shall accept
the results of conformity assessment procedures pursuant to the provisions of
the applicable mutual recognition agreement.
(4) The term "specified equipment for import" as used in this Act means
telecommunications terminal equipment, radio equipment and electrical
products in respect of which Japan shall accept the results of conformity
assessment procedures pursuant to the provisions of the applicable mutual
recognition agreement.
(5) The term "conformity assessment body" as used in this Act means a body
which conducts conformity assessment procedures as prescribed in the
applicable mutual recognition agreement.
(6) The term "registration" as used in this Act means the registration of a
conformity assessment body pursuant to the provisions of the applicable
mutual recognition agreement.
(7) The term "overseas conformity assessment business" as used in this Act
means the business of conducting the conformity assessment procedures for the
specified equipment for export.
Chapter II Designation of Overseas Conformity Assessment Business
(Designation)
Article 3 (1) Any person who intends to engage in overseas conformity
assessment business may be designated by the competent minister according to
the category of the overseas conformity assessment business (category of
overseas conformity assessment business as specified by a Cabinet Order for
each mutual recognition agreement and corresponding to the respective
applicable laws and regulations of the foreign state prescribed in the applicable
mutual recognition agreement; the same shall apply hereinafter).
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(2) The designation set forth in the preceding paragraph may be limited in
respect of the type of specified equipment for export or scope of conformity
assessment activities.
(3) Any person who intends to be designated set forth in paragraph (1) shall, as
specified by the applicable ministerial ordinance, file with the competent
minister a written application describing the following matters and other
documents specified by the applicable ministerial ordinance:
(i) Name and address of the applicant and in the case of a juridical person, the
names and addresses of the representative person and officers
(ii) Category of overseas conformity assessment business
(iii) Outline of facilities used for overseas conformity assessment business
(iv) Rules and procedures for conducting overseas conformity assessment
business
(v) In the case of a person intending to be designated for activities limited in
scope pursuant to the provision of the preceding paragraph, the type of
specified equipment for export and scope of conformity assessment activities
(4) Upon designation pursuant to paragraph (1), the competent minister shall
publicly notify the name and address of the person designated (hereinafter
referred to as a "designated conformity assessment body") and matters listed in
item (ii) and item (v) of the preceding paragraph, and proceed to the
registration of the designated conformity assessment body pursuant to the
provisions of the applicable mutual recognition agreement.
(Disqualification Criteria)
Article 4 The designation specified in Article 3 paragraph (1) shall not be
obtained by any person who falls under any of the following items:
(i) Any person who contravenes this Act or any dispositions pursuant to this
Act and has been punished by a fine or severer punishment, if a period of two
years has not yet elapsed since the day when the sentence was served or the
stay of execution was granted
(ii) Any person whose designation was withdrawn pursuant to the provision of
Article 13 paragraph (1), if a period of two years has not yet elapsed since
the day of withdrawal
(iii) Any person who is a juridical person, one or more of whose officers engaged
in its activities fall under either of the above mentioned disqualification
criteria
(Criteria for Designation)
Article 5 (1) The competent minister shall not grant designation unless he deems
that the applicant set forth in Article 3 paragraph (1) satisfies the criteria for
designation specified by the applicable ministerial ordinance in accordance
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with the criteria for designation prescribed in the applicable mutual
recognition agreement and specified by a Cabinet Order corresponding to the
respective categories of overseas conformity assessment business.
(2) In the examination for the designation of the overseas conformity assessment
business set forth in Article 3 paragraph (1), the competent minister shall
conduct an evaluation of the management system of overseas conformity
assessment business in respect of the application as specified by the applicable
ministerial ordinance.
(Renewal of Designation)
Article 6 (1) The designation set forth in Article 3 paragraph (1) shall be
renewed every year or longer period specified by a Cabinet Order, or else lose
its effect with the elapse of such period.
(2) The provisions of Article 3 paragraph (3), Article 4 and Article 5 shall apply
mutatis mutandis to the renewal of designation set forth in the preceding
paragraph.
(Changes of Designated Conformity Assessment Bodies, Etc.)
Article 7 (1) A designated conformity assessment body which intends to change
any of the matters listed in item (iii) through item (v) of Article 3 paragraph (3)
shall first obtain approval from the competent minister; provided, however,
that this shall not apply to minor changes specified by the applicable
ministerial ordinance.
(2) Any person who intends to obtain approval for a change set forth in the
preceding paragraph shall file with the competent minister a written
application describing the matters relating to the change and other documents
specified by the applicable ministerial ordinance.
(3) The provisions of Article 5 shall apply mutatis mutandis to the approval of
changes set forth in paragraph (1).
(4) Any designated conformity assessment body which changes any of the matters
listed in Article 3 paragraph (3) item (i) shall notify the competent minister to
that effect without delay.
(5) When a change has been approved pursuant to the provisions of paragraph (1)
(limited to the change relating to matters listed in Article 3 paragraph (3) item
(v)) or notification has been filed pursuant to the provision of the preceding
paragraph (limited to the notification relating to a change of name or address),
the competent minister shall publicly notify to that effect.
(Suspension and Abolition of Business)
Article 8 (1) When a designated conformity assessment body intends to suspend
or abolish in whole or in part the designated conformity assessment business,
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he shall notify the competent minister of to that effect in advance pursuant to
the provisions of the applicable ministerial ordinance.
(2) When a notice is filed pursuant to the provision of the preceding paragraph,
the competent minister shall publicly notify to that effect.
(Bookkeeping and Records Relating to Business)
Article 9 A designated conformity assessment body shall prepare and maintain
books and records relating to the designated conformity assessment business
pursuant to the provisions of the applicable ministerial ordinance.
(Orders Issued to Designated Conformity Assessment Bodies)
Article 10 The competent minister may issue necessary supervisory orders
relating to the designated conformity assessment business to a designated
conformity assessment body where deemed necessary to ensure the proper
implementation of the applicable mutual recognition agreement and this Act.
(Public Notice of Registration, Etc.)
Article 11 The competent minister, where any of the following dispositions was
imposed pursuant to the provisions of the applicable mutual recognition
agreement, shall publicly notify to that effect:
(i) Registration or termination of registration of a designated conformity
assessment body
(ii) Suspension of registration or lifting of suspension of registration of a
designated conformity assessment body
(Issuance of Certificates)
Article 12 (1) A designated conformity assessment body which has been
registered (except where registration has been suspended or designation has
been suspended pursuant to the provision of Article 13 paragraph (1)) may, in
conducting designated overseas conformity assessment business, issue
certificates of conformity describing the matters prescribed by the applicable
ministerial ordinance with a special mark prescribed by the applicable
ministerial ordinance.
(2) No person shall affix the special mark set forth in the preceding paragraph or
any misleadingly similar mark to a certificate relating to overseas conformity
assessment business except the case prescribed in the same paragraph.
(Withdrawal of Designation, Etc.)
Article 13 (1) The competent minister may withdraw or suspend designation
where a designated conformity assessment body falls under any of the
following items:
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(i) The conformity assessment body falls under either item (i) or item (iii) of
Article 4.
(ii) The conformity assessment body no longer satisfies the criteria for
designation specified by the applicable ministerial ordinance prescribed in
Article 5 paragraph (1) (limited to the criteria relating to the category of the
designated overseas conformity assessment business).
(iii) The conformity assessment body contravenes the provisions of Article 7
paragraph (1) or paragraph (4), Article 9 or Article 12 paragraph (2).
(iv) The conformity assessment body contravenes an order issued pursuant to
the provision of Article 10.
(v) The conformity assessment body has been designated pursuant to Article 3
paragraph (1), or has obtained approval for a change pursuant to Article 7
paragraph (1), through wrongful means.
(vi) In addition to the matters listed in item (i) through item (v), any grounds
specified by the applicable ministerial ordinance as grounds for possible
hindrance of the faithful implementation of a mutual recognition agreement
have been found applicable to the conformity assessment body.
(2) In the event of the withdrawal of designation pursuant to the provision of the
preceding paragraph the competent minister shall publicly notify to that effect
and proceed to the procedures for termination of registration pursuant to the
provisions of the applicable mutual recognition agreement in respect of the
person whose designation was withdrawn.
(3) In the event of the suspension of designation or lifting of suspension of
designation pursuant to the provision of paragraph (1), the competent minister
shall publicly notify to that effect.
Chapter III Designated Evaluation Bodies
(Evaluations by Designated Evaluation Bodies)
Article 14 (1) The competent minister may commission a person designated by
him (hereinafter referred to as a "designated evaluation body") to conduct
evaluations in whole or in part pursuant to the provisions of Article 5
paragraph (2) (including the cases where it is applied mutatis mutandis
pursuant to Article 6 paragraph (2) and Article 7 paragraph (3)) (hereinafter
referred to simply as "evaluations").
(2) Where a designated evaluation body is commissioned to conduct evaluations
in whole or in part pursuant to the provision of the preceding paragraph, the
competent minister shall not conduct such evaluations in whole or in part. In
this case, the competent minister shall make the decision on the designation
set forth in Article 3 paragraph (1) or renewal of the designation or approval of
a change set forth in Article 7 paragraph (1) taking into consideration the
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results of the evaluations of which the competent minister has been reported
by the designated evaluation body pursuant to the provision of paragraph (4).
(3) Where a designated evaluation body is commissioned to conduct evaluations
in whole or in part pursuant to the provision of paragraph (1), the person
intending to be designated under Article 3 paragraph (1) or to have the
designation renewed, or intending to obtain approval for a change under
Article 7 paragraph (1) shall apply to the designated evaluation body as
specified by the applicable ministerial ordinance, notwithstanding the
provisions of Article 3 paragraph (3) (including the cases where it is applied
mutatis mutandis pursuant to Article 6 paragraph (2)) and Article 7 paragraph
(2), in respect of the evaluations conducted by the designated evaluation body.
(4) Where a designated accreditation body conducts an evaluation in respect of
an application set forth in the preceding paragraph, it shall report to the
competent minister the results of the evaluation without delay as specified by
the applicable ministerial ordinance.
(Designation)
Article 15 Designation pursuant to the provisions of Article 14 paragraph (1)
(hereinafter referred to as "designation" in this Chapter and Article 36
paragraph (3)) shall be made upon application by a person intending to conduct
evaluations as specified by the applicable ministerial ordinance.
(Disqualification Criteria)
Article 16 Designation shall not be obtained by any person who falls under any
of the following items:
(i) Any person who contravenes this Act or any dispositions pursuant to this
Act and has been punished by a fine or severer punishment, if a period of two
years has not yet elapsed since the day when the sentence was served or the
stay of execution was granted
(ii) Any person whose designation was withdrawn pursuant to the provision of
Article 27 paragraph (1), if a period of two years has not yet elapsed since
the day of withdrawal
(iii) Any person who is a juridical person, one or more of whose officers engaged
in its activities fall under either of the above mentioned disqualification
criteria
(Criteria for Designation)
Article 17 The competent minister shall not grant designation unless he deems
that the applicant satisfies all of the following designation criteria:
(i) The applicant has an adequate financial basis and technical competence to
properly and smoothly conduct evaluation activities.
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(ii) In the case of a juridical person, the applicant's officers and the composition
of the constituent members specified by the applicable ministerial ordinance
corresponding to the type of juridical person do not threaten to impede the
fair conduct of evaluations.
(iii) In addition to the matters prescribed in the preceding item, the applicant
satisfies the criteria specified by the applicable ministerial ordinance so that
the evaluation shall not be conducted unfairly.
(iv) The designation will not harm the smooth and proper conduct of
evaluations in respect of applications.
(Public Notice of Designation, Etc.)
Article 18 (1) Where designation is granted, the competent minister shall
publicly notify of the name and address of the designated evaluation body,
location of the offices where evaluation activities are conducted, and category
of overseas conformity assessment business for which evaluations are
conducted by the designated evaluation body.
(2) A designated accreditation body which intends to change its name or address
or the location of the offices where evaluation activities are conducted shall
notify the competent minister of to that effect two weeks prior to the planned
date of change.
(3) Where a notification is filed pursuant to the provision of the preceding
paragraph, the competent minister shall publicly notify to that effect.
(Renewal of Designation)
Article 19 (1) Designation shall be renewed every three years or a longer period
specified by a Cabinet Order, or else loses its effect with the elapse of such
period.
(2) The provisions of Article 15 through Article 17 shall apply mutatis mutandis
to the renewal of designation set forth in the preceding paragraph.
(Confidentiality, Etc.)
Article 20 (1) The officers (or persons designated in the case of a designated
evaluation body which is not a juridical person; the same shall apply in
paragraph (2), Article 46 and Article 49) and staff of a designated evaluation
body and persons who formerly held such positions shall not divulge any secret
which has come to such persons' knowledge in respect of the evaluation
activities.
(2) The officers or staff of a designated accreditation body employed in evaluation
activities shall be deemed to be staff legally employed in public service for the
purpose of application of the Penal Code (Act No. 45, 1907) and other penal
regulations.
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(Duty of Evaluation)
Article 21 Where requested to conduct an evaluation, a designated evaluation
body shall conduct the evaluation without delay except where there exist
justifiable grounds not to do so.
(Appointment and Dismissal of Officers)
Article 22 A designated evaluation body shall upon the appointment or dismissal
of officers notify the competent minister to that effect without delay.
(Rules and Procedures for Evaluation)
Article 23 (1) A designated evaluation body shall establish rules and procedures
regarding evaluation activities (hereinafter referred to as "rules and
procedures for evaluation") and obtain approval from the competent minister.
The same shall apply where a designated accreditation body intends to change
such rules and procedures.
(2) The matters which should be provided in the rules and procedures for
evaluation shall be prescribed by the applicable ministerial ordinance.
(3) The competent minister may order that the rules and procedures for
evaluation approved pursuant to paragraph (1) be changed if deemed
inappropriate to the fair conduct of evaluations.
(Bookkeeping and Records)
Article 24 A designated accreditation body shall prepare and maintain books and
records concerning matters prescribed by the applicable ministerial ordinance
in respect of evaluation activities business pursuant to the provisions of the
applicable ministerial ordinance.
(Supervisory Orders)
Article 25 The competent minister may, where deemed necessary for the
enforcement of this Act, issue necessary supervisory orders regarding
evaluation activities to a designated evaluation body.
(Suspension and Abolition of Activities)
Article 26 (1) A designated evaluation body shall not suspend or abolish in whole
or in part any evaluation activities without the permission of the competent
minister.
(2) Where the permission set forth in the preceding paragraph is given, the
competent minister shall publicly notify to that effect.
(Withdrawal of Designation, Etc.)
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Article 27 (1) Where a designated evaluation body falls under any of the
following items, the competent minister may withdraw its designation or order
the suspension in whole or in part of its evaluation activities for a term
specified by the competent minister:
(i) The evaluation body contravenes the provisions of this Chapter.
(ii) The evaluation body falls under either item (i) or item (iii) of Article 16.
(iii) The evaluation body no longer satisfies any of item (i) through item (iii) of
Article 17.
(iv) The evaluation body does not conduct its evaluation activities in
accordance with the rules and procedures for evaluation approved pursuant
to Article 23 paragraph (1).
(v) The evaluation body contravenes an order issued pursuant to the provisions
of Article 23 paragraph (3) or Article 25.
(vi) The evaluation body has been designated through wrongful means.
(2) Where the competent minister withdraws designation or orders the
suspension in whole or in part of evaluation activities pursuant to the
provision of the preceding paragraph, the competent minister shall publicly
notify to that effect.
(Evaluation Activities by Competent Ministers)
Article 28 (1) In the event that a designated evaluation body suspends in whole
or in part evaluation activities pursuant to the provision of Article 26
paragraph (1), a designated evaluation body is ordered to suspend in whole or
in part evaluation activities pursuant to the provision of Article 27 paragraph
(1), or a natural disaster or other cause impede the conduct of evaluation
activities by a designated evaluation body, the competent minister shall, if
deemed necessary, conduct evaluation activities in whole or in part himself.
(2) Where the competent minister conducts evaluation activities pursuant to the
provision of the preceding paragraph or ceases to conduct evaluation activities
thus far conducted by him pursuant to the provisions of the same paragraph,
the competent minister shall publicly notify to that effect in advance.
(3) Matters regarding the transfer of evaluation activities and other necessary
matters, in the event of the conducting of evaluation activities by the
competent minister pursuant to the provision of paragraph (1) and the
permission by the competent minister of the abolition of evaluation activities
pursuant to the provision of Article 26 paragraph (1) or the withdrawal of
designation pursuant to the provision of Article 27 paragraph (1), shall be
provided by the applicable ministerial ordinance.
Chapter IV Special Provisions of the Telecommunications Business Act,
Etc.
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Section 1 Registered Foreign Conformity Assessment Bodies
(Definitions)
Article 29 The term "registered foreign conformity assessment body" as used in
this chapter means a conformity assessment body of a foreign state, which has
been designated (by an authority of the foreign state pursuant to the provisions
of the applicable mutual recognition agreement; hereinafter the same shall
apply in this Article and Article 30) and registered (except where such
designation or registration has been suspended).
(Public Notice of Registration, Etc.)
Article 30 The competent minister, where any of the following dispositions was
imposed pursuant to the provisions of the applicable mutual recognition
agreement, shall publicly notify to that effect:
(i) Registration or termination of registration of a conformity assessment body
of a foreign state
(ii) Suspension of registration or lifting of suspension of registration of a
conformity assessment body of a foreign state
(iii) Suspension of designation or lifting of suspension of designation of a
conformity assessment body of a foreign state
Section 2 Special Provisions of the Telecommunications Business Act
Article 31 (1) When a registered foreign conformity assessment body (limited to
those who have been registered in each of the same classifications of business
specified by an Ordinance of the Ministry of Internal Affairs and
Communications set forth in Article 86 paragraph (1) of the
Telecommunications Business Act as a person to approve conformity with the
technical standards specified by an Ordinance of the Ministry of Internal
Affairs and Communications set forth in Article 52 paragraph (1) of the same
act; hereinafter the same shall apply in this Article) issues a technical
standards conformity approval (technical standards conformity approval
prescribed in Article 53 paragraph (1) of the same act; the same shall apply
hereinafter in this paragraph) in respect of the terminal equipment (terminal
equipment prescribed in Article 53 paragraph (1) of the same act, provided that
such terminal equipment pertains to the classification in which the registered
conformity assessment body has been registered; the same shall apply in
paragraph (2)), the provisions of Article 53 paragraph (2), Article 54, Article 55
paragraph (1), Article 62 paragraph (1), Article 166 paragraph (2) and Article
167 paragraph (1), paragraph (2) and paragraph (5) (including the penal
provisions pertaining to these provisions) shall be applied by regarding the
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technical standards conformity approval as a technical standards conformity
approval issued by a registered approval body (registered approval body
prescribed in Article 53 paragraph (1) of the same act; hereinafter the same
shall apply in this Article) and the person who has obtained the technical
standards conformity approval from the registered foreign conformity
assessment body as a person who has obtained a technical standards
conformity approval from a registered approval body. In this case, the term
"registered approval body" and the term "shall affix" in Article 53 paragraph
(2) of the same act shall be deemed to be replaced with "registered foreign
conformity assessment body prescribed in the first sentence in Article 31
paragraph (1) of the Act for Implementation of the Mutual Recognition between
Japan and Foreign States in Relation to Results of Conformity Assessment
Procedures of Specified Equipment (Act No. 111, 2001)" and "may affix,"
respectively. Other necessary technical replacement shall be prescribed by a
Cabinet Order.
(2) When a registered foreign conformity assessment body issues a certification of
type (certification of type prescribed in Article 56 paragraph (1) of the
Telecommunications Business Act; hereinafter the same shall apply in this
paragraph) in respect of a type (including the method to verify that each
terminal equipment conforms to the type) of terminal equipment, the
provisions of Article 57 through Article 59, Article 60 paragraph (1), Article 61,
Article 62 paragraph (2) and paragraph (3), Article 166 paragraph (3) and
Article 167 paragraph (4) and paragraph (6) (including the penal provisions
pertaining to these provisions) shall be applied by regarding the certification of
type as a certification of type issued by a registered approval body and the
person who has obtained the certification of type from the registered foreign
conformity assessment body as a person who has obtained a certification of
type from a registered approval body. In this case, the term "registered
approval body" in Article 60 paragraph (1) item (v) of the same act shall be
deemed to be replaced with "registered foreign conformity assessment body
prescribed in the first sentence in Article 31 paragraph (1) of the Act for
Implementation of the Mutual Recognition between Japan and Foreign States
in Relation to Results of Conformity Assessment Procedures of Specified
Equipment (Act No. 111, 2001)." Other necessary technical replacement shall
be prescribed by a Cabinet Order.
Article 32 With regard to the application of the provisions of Article 53
paragraph (3), Article 55 paragraph (2), Article 60 paragraph (2), Article 62
paragraph (4), Article 69 paragraph (1), Article 166 paragraph (7) and
paragraph (8), Article 167 paragraph (3), Article 168 and Article 171 of the
Telecommunications Business Act (including the penal provisions pertaining to
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Article 53 paragraph (3) of the same act) where the provisions of Article 31 are
applied, the term "the cases where the preceding paragraph shall apply
mutatis mutandis pursuant to Article 104 paragraph (4)" in Article 53
paragraph (3) of the same act shall be deemed to be replaced with "the cases
where the preceding paragraph shall apply mutatis mutandis pursuant to
Article 104 paragraph (4) and the cases where the preceding paragraph shall
apply with the replacement pursuant to the provision of Article 31 paragraph
(1) of the Act for Implementation of the Mutual Recognition between Japan and
Foreign States in Relation to Results of Conformity Assessment Procedures of
Specified Equipment (Act No. 111, 2001); hereinafter referred to as "the
Mutual Recognition Implementation Act")" ; the term "the cases where Article
58 shall apply mutatis mutandis pursuant to Article 104 paragraph (7)" in
Article 53 paragraph (3) of the same act shall be deemed to be replaced with
"the cases where Article 58 shall apply mutatis mutandis pursuant to Article
104 paragraph (7) and the cases where Article 58 shall apply pursuant to the
provision of Article 31 paragraph (2) of the Mutual Recognition
Implementation Act" ; the term "the cases where Article 53 paragraph (2) shall
apply mutatis mutandis pursuant to Article 104 paragraph (4)" in Article 69
paragraph (1) of the same act shall be deemed to be replaced with "the cases
where Article 53 paragraph (2) shall apply mutatis mutandis pursuant to
Article 104 paragraph (4) and the cases where Article 53 paragraph (2) shall
apply with the replacement pursuant to the provision of Article 31 paragraph
(1) of the Mutual Recognition Implementation Act" ; and the term "the cases
where Article 58 shall apply mutatis mutandis pursuant to Article 104
paragraph (7)" in Article 69 paragraph (1) of the same act shall be deemed to
be replaced with "the cases where Article 58 shall apply mutatis mutandis
pursuant to Article 104 paragraph (7) and the cases where Article 58 shall
apply pursuant to the provision of Article 31 paragraph (2) of the Mutual
Recognition Implementation Act." Other necessary technical replacement shall
be stipulated by a Cabinet Order.
Section 3 Special Provisions of the Radio Act
Article 33 (1) When a registered foreign conformity assessment body (limited to
those who have been registered in each of the same classifications of business
listed in Article 38-2 paragraph (1) of the Radio Act as a person to certify that
radio equipment conforms to the technical standards prescribed in Chapter III
of the same act; hereinafter the same shall apply in this Article) issues a
technical standards conformity certification (technical standards conformity
certification prescribed in Article 38-2 paragraph (1) of the same act;
hereinafter the same shall apply in this paragraph) in respect of the specified
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radio equipment (specified radio equipment prescribed in the same paragraph,
provided that such radio equipment pertains to the classification in which the
registered conformity assessment body has been registered; the same shall
apply in paragraph (2)), the provisions of Article 38-7 paragraph (1), Article 38-
20 paragraph (1), Article 38-21 paragraph (1) and paragraph (2), Article 38-22
paragraph (1), Article 38-23 paragraph (1) and Article 38-30 paragraph (1)
(including the penal provisions pertaining to these provisions) shall be applied
by regarding the technical standards conformity certification as a technical
standards conformity certification issued by a registered certification body
(registered certification body prescribed in Article 38-5 paragraph (1) of the
same act; hereinafter the same shall apply in this Article) and the person who
has obtained the technical standards conformity certification from the
registered foreign conformity assessment body as a person who has obtained a
technical standards conformity certification from a registered certification body.
In this case, the term "registered certification body" and the term "shall affix"
in Article 38-7 paragraph (1) of the same act shall be deemed to be replaced
with "registered foreign conformity assessment body prescribed in the first
sentence in Article 33 paragraph (1) of the Act for Implementation of the
Mutual Recognition between Japan and Foreign States in Relation to Results
of Conformity Assessment Procedures of Specified Equipment (Act No. 111,
2001)" and "may affix," respectively. Other necessary technical replacement
shall be prescribed by a Cabinet Order.
(2) When a registered foreign conformity assessment body issues a certification of
construction type (certification of construction type prescribed in Article 38-24
paragraph (1) of the Radio Act; hereinafter the same shall apply in this
paragraph) in respect of a construction type (including the method to verify
that each equipment conforms to the type) of specified radio equipment, the
provisions of Article 38-25 through Article 38-27, Article 38-28 paragraph (1),
Article 38-29 and Article 38-30 paragraph (2) and paragraph (3) (including the
penal provisions pertaining to these provisions) shall be applied by regarding
the certification of construction type as a certification of construction type
issued by a registered certification body and the person who has obtained the
certification of construction type from the registered foreign conformity
assessment body as a person who has obtained a certification of construction
type from a registered certification body. In this case, the term "registered
certification body" in Article 38-28 paragraph (1) item (v) of the same act shall
be deemed to be replaced with "registered foreign conformity assessment body
prescribed in the first sentence in Article 33 paragraph (1) of the Act for
Implementation of the Mutual Recognition between Japan and Foreign States
in Relation to Results of Conformity Assessment Procedures of Specified
Equipment (Act No. 111, 2001)." Other necessary technical replacement shall
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be prescribed by a Cabinet Order.
Article 34 With regard to the application of the provisions of Article 4 (limited to
the part concerning item (ii) and item (iii)), Article 13 paragraph (2), Article 15,
Article 27-2, Article 27-18 paragraph (1), Article 38-7 paragraph (2) and
paragraph (3), Article 38-20 paragraph (2), Article 38-21 paragraph (3), Article
38-22 paragraph (2), Article 38-23 paragraph (2), Article 38-28 paragraph (2),
Article 38-30 paragraph (4), Chapter VII, Article 99-2 and Article 103-2
paragraph (11) and paragraph (17) through paragraph (25) of the Radio Act
(including the penal provisions pertaining to these provisions) where the
provision of Article 33 are applied, the term "the cases where Article 38-7
paragraph (1) shall apply mutatis mutandis pursuant to Article 38-31
paragraph (4)" in Article 4 item (ii) of the same act shall be deemed to be
replaced with "the cases where Article 38-7 paragraph (1) shall apply mutatis
mutandis pursuant to Article 38-31 paragraph (4) and the cases where Article
38-7 paragraph (1) shall apply with the replacement pursuant to the provision
of Article 33 paragraph (1) of the Act for Implementation of the Mutual
Recognition between Japan and Foreign States in Relation to Results of
Conformity Assessment Procedures of Specified Equipment (Act No. 111, 2001;
hereinafter referred to as "the Mutual Recognition Implementation Act")" ; the
term "the cases where Article 38-26 shall apply mutatis mutandis pursuant to
Article 38-31 paragraph (6)" in Article 4 item (ii) of the same act shall be
deemed to be replaced with "the cases where Article 38-26 shall apply mutatis
mutandis pursuant to Article 38-31 paragraph (6) and the cases where Article
38-26 shall apply pursuant to the provision of Article 33 paragraph (2) of the
Mutual Recognition Implementation Act; the term "the cases where paragraph
(1) of this Article shall apply mutatis mutandis pursuant to Article 38-31
paragraph (4)" in Article 38-7 paragraph (2) and paragraph (3) of the same act
shall be deemed to be replaced with "the cases where paragraph (1) of this
Article shall apply mutatis mutandis pursuant to Article 38-31 paragraph (4)
and the cases where paragraph (1) of this Article shall apply with the
replacement pursuant to the provision of Article 33 paragraph (1) of the
Mutual Recognition Implementation Act" ; the term "the cases where Article
38-26 shall apply mutatis mutandis pursuant to Article 38-31 paragraph (6)" in
Article 38-7 paragraph (2) and paragraph (3) of the same act shall be deemed
to be replaced with "the cases where Article 38-26 shall apply mutatis
mutandis pursuant to Article 38-31 paragraph (6) and the cases where Article
38-26 shall apply pursuant to the provision of Article 33 paragraph (2) of the
Mutual Recognition Implementation Act" ; and the term "Article 38-26 (except
the cases applied to foreign dealers)" in Article 103-2 paragraph (11) of the
same act shall be deemed to be replaced with "Article 38-26 (except the cases
15
applied to foreign dealers) and Article 38-26 applied pursuant to the provision
of Article 33 paragraph (2) of the Mutual Recognition Implementation Act
(except the cases applied to foreign dealers)." Other necessary technical
replacement shall be prescribed by a Cabinet Order.
Section 4 Special Provisions of the Electrical Appliances and Material
Safety Act
Article 35 Where a notifying supplier under Article 4 paragraph (1) of the
Electrical Appliances and Material Safety Act maintains any of the certificates
described under any of the following items before sale of the specified electrical
appliances and materials relating to manufacture or import thereby (specified
electrical appliances and materials prescribed in Article 2 paragraph (2) of the
same act excluding electrical appliances and materials manufactured or
imported through the application of the proviso of Article 8 paragraph (1) of
the same act; hereinafter the same shall apply in this Article), the notifying
supplier shall be treated as having undergone conformity inspection pursuant
to the provision of the main clause of Article 9 paragraph (1) of the same act
and having obtained and maintaining a certificate prescribed in the same
paragraph.
(i) A certificate issued to the notifying supplier in respect of the specified
electrical appliances and materials (limited to those pertaining to the
registered classification; the same shall apply in the following item) by a
registered foreign conformity assessment body (limited to those who have
been registered in each of the same classifications as specified by an
Ordinance of the Ministry of Economy, Trade and Industry under Article 29
paragraph (1) of the Electrical Appliances and Material Safety Act as a
person to conduct conformity inspection prescribed in Article 9 paragraph (1)
of the same act), provided that it certifies conformity in accordance with the
technical standards stipulated in Article 8 paragraph (1) of the same act
and/or the standards for assessment facilities and other matters specified by
an Ordinance of the Ministry of Economy, Trade and Industry noted in
Article 9 paragraph (2) of the same act in respect of any of the items in
Article 9 paragraph (1) of the same act (hereinafter referred to as an
"international certificate" in this Article)
(ii) An international certificate obtained in respect of a specified electrical
appliance and material of the same type as the specified electrical appliance
and material (limited to those relating to Article 9 paragraph (1) item (ii) of
the Electrical Appliances and Material Safety Act), provided that the period
prescribed in the proviso of the same paragraph has not yet passed from the
date of issue of the certificate
16
(iii) A certificate stipulated by an Ordinance of the Ministry of Economy, Trade
and Industry as equivalent to the international certificate listed in item (i)
and item (ii)
Chapter V Miscellaneous Provisions
(Evaluation Activities by NITE)
Article 36 (1) The competent minister (limited to the case where the competent
minister is the Minister of Economy, Trade and Industry pursuant to the
provision of Article 44 paragraph (1); hereinafter the same shall apply in this
Article, Article 37 paragraph (4) through paragraph (6) and Article 39) may,
where evaluation activities are conducted by the minister and if deemed
necessary, commission the Incorporated Administrative Agency called the
National Institute of Technology and Evaluation (hereinafter referred to as
"NITE") to conduct in whole or in part such evaluation activities.
(2) The provisions of Article 14 paragraph (2) through paragraph (4) shall apply
mutatis mutandis to the case where NITE conducts evaluation activities
pursuant to the provision of the preceding paragraph. In this case, the term
"designated evaluation body" in these provisions shall be deemed to be replaced
with "NITE."
(3) Where the competent minister permits the abolition of evaluation activities
pursuant to the provision of Article 26 paragraph (1), withdraws the
designation pursuant to the provision of Article 27 paragraph (1), or conducts
evaluation activities in whole or in part by himself pursuant to the provision of
Article 28 paragraph (1), matters regarding the transfer of evaluation activities
and other matters necessary in the event that the conducting of evaluation
activities is commissioned in whole or in part to NITE pursuant to the
provision of paragraph (1) shall be provided by the applicable ministerial
ordinance.
(4) Where the competent minister decides to commission NITE to conduct in
whole or in part evaluation activities pursuant to the provision of paragraph
(1) or chooses no longer to commission NITE to conduct in whole or in part
evaluation activities thus far conducted by NITE, the competent minister shall
publicly notify to that effect.
(On-site Inspection, Etc.)
Article 37 (1) Within the limit necessary for the enforcement of this Act, the
competent minister may require a designated conformity assessment body to
report on its designated conformity assessment business or delegate
ministerial officials to enter into the offices or other places of work of the
designated conformity assessment body concerned to inspect the state of
17
designated conformity assessment business or facilities, books and records and
other properties, or to make inquiries of the persons concerned.
(2) Within the limit necessary for the enforcement of this Act, the competent
minister may require a designated evaluation body to report on its activities or
delegate ministerial officials to enter into the offices of the designated
accreditation body concerned to inspect the state of activities or books and
records and other properties, or to make inquiries of the persons concerned.
(3) The officials who conduct the on-site inspection or inquiry pursuant to the
provisions of paragraph (1) and paragraph (2) shall carry a certificate for
identification and produce it to the persons concerned.
(4) Where deemed necessary, the competent minister may commission NITE to
conduct an on-site inspection or inquiry pursuant to the provisions of
paragraph (1) or paragraph (2).
(5) Where NITE is commissioned to conduct an on-site inspection or inquiry
pursuant to the provision of the preceding paragraph, the competent minister
shall inform NITE of the location of the on-site inspection and other matters
necessary to conduct such on-site inspection.
(6) Where an on-site inspection or inquiry prescribed in paragraph (4) is
conducted in accordance with an instruction by the competent minister under
the preceding paragraph, NITE shall report the results thereof to the
competent minister.
(7) The staff of NITE who conduct the on-site inspection or inquiry pursuant to
the provision of paragraph (4) shall carry a certification for identification and
produce it to the persons concerned.
(8) The powers granted under the provisions of paragraph (1) and paragraph (2)
shall not be construed as being invested for criminal investigations.
Article 38 Where the Joint Committee (Joint Committee prescribed in the
applicable mutual recognition agreement; hereinafter the same shall apply in
this Article) decides to conduct a joint verification (joint verification prescribed
in the applicable mutual recognition agreement) pursuant to the provisions of
the applicable mutual recognition agreement, the competent minister may
allow a member of staff of the foreign state, who is designated by the Joint
Committee pursuant to the provisions of the mutual recognition agreement, to
enter into the offices or other places of work of the designated conformity
assessment body concerned and inspect the state of designated conformity
assessment business or facilities, books and records and other properties, or to
make inquiries of the persons concerned in the presence of the ministerial
officials set forth in Article 37 paragraph (1) when an on-site inspection or
inquiry is conducted pursuant to the provisions of the same paragraph;
provided, however, that this shall not apply without the consent of the person
18
who is the subject of the on-site inspection or inquiry pursuant to the
provisions of the same paragraph.
(Issuance of Orders to NITE)
Article 39 Where deemed necessary for the proper conduct of on-site inspection
or inquiry activities prescribed in the provisions of Article 37 paragraph (4),
the competent minister may issue necessary orders regarding such activities to
NITE.
(Fees)
Article 40 (1) The following persons shall pay to the Government a fee specified
by a Cabinet Order taking into consideration of actual cost:
(i) Any person who intends to obtain or renew the designation set forth in
Article 3 paragraph (1)
(ii) Any person who intends to obtain approval for a change set forth in Article
7 paragraph (1)
(2) Any person who intends to undergo an evaluation conducted by NITE shall
pay to NITE a fee specified by a Cabinet Order taking into consideration of
actual cost.
(3) Fees paid to NITE pursuant to the provision of the preceding paragraph shall
be the income of NITE.
(4) Any person who intends to undergo an evaluation conducted by a designated
evaluation body shall pay to the designated evaluation body a fee the
designated accreditation body determines with the approval of the competent
minister as specified by a Cabinet Order.
(5) Fees paid to a designated evaluation body pursuant to the provision of the
preceding paragraph shall be the income of the designated accreditation body.
(Demand for Examination)
Article 41 Any person dissatisfied with any disposition or inaction of NITE or a
designated evaluation body under the provisions of this Act may file a request
with the competent minister for an examination under the Administrative
Appeal Act (Act No. 160, 1962).
(Transitional Measures)
Article 42 Where any cabinet order or applicable ministerial ordinance is
established, revised or abolished under the provisions of this Act, provision
may be made for the necessary transitional measures (including transitional
measures relating to penal provisions) to the extent deemed reasonably
necessary in establishing, revising or abolishing the respective cabinet order or
applicable ministerial ordinance.
19
(Consultation with the Minister of Economy, Trade and Industry)
Article 43 Where any applicable ministerial ordinance under Article 5 paragraph
(1) and Article 17 item (iii) is established, revised or abolished, the competent
minister (limited to the case where the competent minister is the Minister for
Internal Affairs and Communications pursuant to the provision of Article 44
paragraph (1)) shall consult with the Minister of Economy, Trade and Industry
in advance.
(Competent Ministers, Etc.)
Article 44 (1) The competent minister in Chapter II, Chapter III and this
Chapter shall be either the Minister for Internal Affairs and Communications
or the Minister of Economy, Trade and Industry as specified by a Cabinet
Order.
(2) The competent minister in Article 30 shall be as follows:
(i) The Minister for Internal Affairs and Communications in respect of matters
regarding foreign conformity assessment bodies subject to the provisions of
Section 2 and Section 3 of Chapter IV
(ii) The Minister of Economy, Trade and Industry in respect of matters
regarding foreign conformity assessment bodies subject to the provisions of
Section 4 of Chapter IV
(3) The applicable ministerial ordinance in Chapter II, Chapter III and this
Chapter shall be the orders issued by the competent minister as specified by a
Cabinet Order prescribed in paragraph (1).
Chapter VI Penal Provisions
Article 45 Any person who divulges any secret which has come into such person's
possession with respect to the person's duties in violation of the provisions of
Article 20 paragraph (1) shall be punished by imprisonment with work for not
more than 1 year or a fine of not more than 1,000,000 yen.
Article 46 In the event of the contravention of an order to suspend activities
pursuant to the provisions of Article 27 paragraph (1), the officers or members
of staff of the designated evaluation body committing such violation shall be
punished by imprisonment with work for not more than 1 year or a fine of not
more than 1,000,000 yen.
Article 47 Any person who contravenes the provisions of Article 12 paragraph (2)
shall be punished by a fine of not more than 500,000 yen.
20
Article 48 Any person who falls under any of the following items shall be
punished by a fine of not more than 300,000 yen:
(i) Any person who changes the matters listed in item (iii) through item (v) of
Article 3 paragraph (3) in violation of the provisions of Article 7 paragraph
(1)
(ii) Any person who fails to prepare or maintain books and records under the
provisions of Article 9 or who prepares false books and records
(iii) Any person who fails to make a report under the provisions of Article 37
paragraph (1) or makes any false report, or refuses, obstructs or evades any
on-site inspection under the provisions of the same paragraph, or fails to
answer or gives a false answer to an inquiry under the provisions of the same
paragraph
Article 49 Where a designated evaluation body falls under any of the following
items, any officer or member of staff of the body which commits such violation
shall be punished by a fine of not more than 300,000 yen:
(i) Any body which fails to keep or maintain books and records, makes no entry
or makes a false entry in violation of the provisions of Article 24
(ii) Any body which wholly abolishes evaluation activities in contravention of
the provisions of Article 26 paragraph (1)
(iii) Any body which fails to make a report under the provisions of Article 37
paragraph (2) or makes any false report, or refuses, obstructs or evades on-
site inspection under the provisions of the same paragraph, or fails to answer
or gives a false answer to an inquiry under the provisions of the same
paragraph
Article 50 When any representative person of a juridical person, or any agent,
worker or other employee of juridical person or individual commits a violation
referred to in Article 47 or Article 48 with regard to the business of said
juridical person or individual, not only the offender shall be punished but also
said juridical person or individual shall be punished by the fine prescribed in
the respective Articles.
Article 51 In the event of the contravention of an order issued pursuant to the
provision of Article 39, the officers of NITE committing the violation shall be
punished by a non-penal fine of not more than 200,000 yen.
Article 52 Any person who fails to file a notification under the provisions of
Article 7 paragraph (4) or Article 8 paragraph (1) or files a false notification
shall be punished by a non-penal fine of not more than 100,000 yen.
21
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date on which the
Agreement enters into force; provided, however, that the provision of the
following Article shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding six months from the day of promulgation.
(Preparatory Actions)
Article 2 Designation pursuant to the provisions of Article 14 paragraph (1),
related procedures and other necessary actions may be conducted according to
the provisions of Article 15 through Article 17, Article 18 paragraph (1) and
Article 23 paragraph (1) and paragraph (2) even if prior to the enforcement of
this Act.
Supplementary Provisions [Act No. 31 of April 26, 2002 Excerpts]
[Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date on which the
Agreement between Japan and the Republic of Singapore for a New-Age
Economic Partnership enters into force; provided, however, that the provision
of the following Article shall come into effect as from the date specified by a
Cabinet Order within a period not exceeding six months from the day of
promulgation.
(Preparatory Actions)
Article 2 Relevant to the overseas conformity assessment business as prescribed
in Article 2 paragraph (8) item (vi) and item (vii) of the Act for Implementation
of the Mutual Recognition between Japan and the European Community and
the Republic of Singapore in Relation to Conformity Assessment of Specif ied
Equipment revised by this Act (hereinafter referred to as "the new Act"), the
designation pursuant to the provisions of Article 14 paragraph (1) of the new
Act, related procedures and other necessary actions with regard to the person
who conducts the evaluation pursuant to the provisions of Article 5 paragraph
(2) of the new Act may be conducted according to the provisions of Article 15
through Article 17, Article 18 paragraph (1), Article 23 paragraph (1) and
paragraph (2), and Article 40 paragraph (4) of the new Act even if prior to the
enforcement of this Act.
Supplementary Provisions [Act No. 68 of June 6, 2003 Excerpts] [Extract]
22
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding nine months from the day of promulgation.
(Transitional Measures in Connection with Partial Revision of the Act for
Implementation of the Mutual Recognition between Japan and the European
Community and the Republic of Singapore in Relation to Conformity
Assessment of Specified Equipment)
Article 12 (1) The specified radio equipment prescribed in Article 33 paragraph
(1) item (i) of the Act for Implementation of the Mutual Recognition between
Japan and the European Community and the Republic of Singapore in Relation
to Conformity Assessment of Specified Equipment prior to the revision by the
provision of the preceding Article (hereinafter referred to as "the former Act for
implementation of the mutual recognition") prior to the enforcement of this Act
and shall be regarded as the same as that prescribed in Article 33 paragraph
(1) item (i) of the revised Act for Implementation of the Mutual Recognition
between Japan and the European Community and the Republic of Singapore in
Relation to Conformity Assessment of Specified Equipment (hereinafter
referred to as "the new Act for implementation of the mutual recognition").
(2) The specified radio equipment stipulated in Article 33 paragraph (1) item (ii)
of the old Act for implementation of the mutual recognition prior to the
enforcement of this Act shall be regarded as the same as that stipulated in
Article 33 paragraph (1) item (ii) of the new Act for implementation of the
mutual recognition.
Supplementary Provisions [Act No. 125 of July 24, 2003 Excerpts]
[Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding nine months from the day of promulgation.
(Transitional Measures in Connection with Partial Revision of the Act for
Implementation of the Mutual Recognition between Japan and the European
Community and the Republic of Singapore in Relation to Conformity
Assessment of Specified Equipment)
Article 43 (1) The terminal equipment prescribed in Article 31 paragraph (1)
item (i) of the Act for Implementation of the Mutual Recognition between
Japan and the European Community and the Republic of Singapore in Relation
to Conformity Assessment of Specified Equipment prior to the revision by the
23
provisions of the preceding Article (hereinafter referred to as "the former Act
for implementation of the mutual recognition") shall be regarded as the same
as that prescribed in Article 31 paragraph (1) item (i) of the Act for
Implementation of the Mutual Recognition between Japan and the European
Community and the Republic of Singapore in Relation to Conformity
Assessment of Specified Equipment revised by the provisions of the preceding
Article (hereinafter referred to as "the new Act for implementation of the
mutual recognition").
(2) The terminal equipment prescribed in Article 31 paragraph (1) item (ii) of the
former Act for implementation of the mutual recognition shall be regarded as
the same as that prescribed in Article 31 paragraph (1) item (ii) of the new Act
for implementation of the mutual recognition.
(3) With regard to the application of the provisions of Article 31 and Article 32 of
the new Act for implementation of the mutual recognition within the period
between the date of enforcement of this Act and the previous day of the
effective date, in Article 31 paragraph (1), the term "Article 69 paragraph (1)"
shall be deemed to be replaced with "Article 51 paragraph (1)", the term
"Article 53 paragraph (2)" shall be deemed to be replaced with "Article 50
paragraph (2)", the term "Article 52 paragraph (1)" shall be deemed to be
replaced with "Article 49 paragraph (1)", the term "Article 86 paragraph (1)"
shall be deemed to be replaced with "Article 68 paragraph (1)" and the term
"Article 62 paragraph (1)" shall be deemed to be replaced with "Article 50-10
paragraph (1)" ; in Article 32, the term "Article 52 paragraph (1)" shall be
deemed to be replaced with "Article 49 paragraph (1)."
Supplementary Provisions [Act No. 47 of May 19, 2004 Excerpts]
[Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding three months from the day of
promulgation; provided, however, that the provisions listed in the following
items shall come into effect as from the day specified respectively in those
items.
(iii) The provisions of Article 2 (except the provision revising Article 99-11
paragraph (1) item (i) of the Radio Act) and Supplementary Provisions
Article 6 and Article 8 through Article 12: the date specified by a Cabinet
Order not exceeding one year from the day of promulgation
Supplementary Provisions [Act No. 92 of June 20, 2007 Excerpts]
[Extract]
24
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding six months from the day of promulgation.
(Transitional Measures)
Article 2 (1) Terminal equipment (terminal equipment prescribed in Article 53
paragraph (1) of the Telecommunications Business Act (Act No. 86, 1984);
hereinafter the same shall apply in this Article) which exists at the time of the
enforcement of this Act and listed in Article 31 paragraph (1) item (i) of the Act
for Implementation of the Mutual Recognition between Japan and the
European Community and the Republic of Singapore in Relation to Conformity
Assessment of Specified Equipment prior to the revision by this Act
(hereinafter referred to as "the former Act") (excluding that regarded not to
have the mark affixed pursuant to the provision of Article 32 paragraph (1) of
the former Act) shall be regarded as terminal equipment to which the mark has
been affixed pursuant to the provision of Article 53 paragraph (2) of the
Telecommunications Business Act. In this case, the provision of Article 54 of
the same act (including the case where the provision of Article 54 of the same
act shall be deemed to be replaced pursuant to the provision of Article 62
paragraph (1) of the same act) shall not apply.
(2) Approval pertaining to terminal equipment which exists at the time of the
enforcement of this Act, which has obtained the approval prescribed in Article
31 paragraph (1) item (i) of the former Act and to which the mark specified in
the same item has not been affixed shall be regarded as a technical standards
conformity approval issued by a registered foreign conformity assessment body
specified in Article 31 paragraph (1) of the Act for Implementation of the
Mutual Recognition between Japan and Foreign States in Relation to Results
of Conformity Assessment Procedures of Specified Equipment revised by this
Act (hereinafter referred to as "the new Act").
(3) A person who has obtained the approval prescribed in Article 31 paragraph
(1) item (i) of the former Act prior to the enforcement of this Act shall be
regarded as a person who has obtained a technical standards conformity
approval from a registered foreign conformity assessment body specified in
Article 31 paragraph (1) of the new Act.
(4) Terminal equipment which exists at the time of the enforcement of this Act
and listed in Article 31 paragraph (1) item (ii) of the former Act (excluding that
regarded not to have the mark affixed pursuant to the provision of Article 32
paragraph (1) of the former Act) shall be regarded as terminal equipment to
which the mark has been affixed pursuant to Article 58 of the
Telecommunications Business Act. In this case, the provision of Article 54 of
25
the same act applied mutatis mutandis pursuant to Article 61 of the same act,
which shall be deemed to be replaced pursuant to the provision of Article 62
paragraph (2) of the same act, shall not apply.
(5) The certification prescribed in Article 31 paragraph (1) item (ii) of the former
Act issued prior to the enforcement of this Act shall be regarded as a
certification of type issued by a registered foreign conformity assessment body
specified in Article 31 paragraph (2) of the new Act.
(6) A person who has obtained the certification prescribed in Article 31
paragraph (1) item (ii) of the former Act prior to the enforcement of this Act
shall be regarded as a person who has obtained a certification of type issued by
a registered foreign conformity assessment body specified in Article 31
paragraph (2) of the new Act.
Article 3 (1) Specified radio equipment (specified radio equipment prescribed in
Article 38-2 paragraph (1) of the Radio Act (Act No. 131, 1950; hereinafter the
same shall apply in this Article) which exists at the time of the enforcement of
this Act and listed in Article 33 paragraph (1) item (i) of the former Act
(excluding that regarded not to have the mark affixed pursuant to the
provision of Article 34 paragraph (1) of the former Act) shall be regarded as
specified radio equipment to which the mark has been affixed pursuant to the
provision of Article 38-7 paragraph (1) the Radio Act. In this case, the
provision of Article 38-22 paragraph (1) of the same act (including the case
where the provision of Article 38-22 paragraph (1) of the same act shall be
deemed to be replaced pursuant to the provision of Article 38-30 paragraph (1)
of the same act) shall not apply.
(2) A certification pertaining to specified radio equipment which exists at the
time of the enforcement of this Act, which has obtained the certification
prescribed in Article 33 paragraph (1) item (i) of the former Act and to which
the mark specified in the same item has not been affixed shall be regarded as a
technical standards conformity certification issued by the registered foreign
conformity assessment body specified in Article 33 paragraph (1) of the new
Act.
(3) A person who has obtained the certification prescribed in Article 33
paragraph (1) item (i) of the former Act prior to the enforcement of this Act
shall be regarded as a person who has obtained a technical standards
conformity certification from a registered foreign conformity assessment body
specified in Article 33 paragraph (1) of the new Act.
(4) Specified radio equipment which exists at the time of the enforcement of this
Act and listed in Article 33 paragraph (1) item (ii) of the former Act (excluding
that regarded not to have the mark affixed pursuant to the provision of Article
34 paragraph (1) of the former Act) shall be regarded as specified radio
26
equipment to which the mark has been affixed pursuant to Article 38-26 of the
Radio Act. In this case, the provisions of Article 38-22 paragraph (1) of the
same act applied mutatis mutandis pursuant to Article 38-29 of the same act,
which shall be deemed to be replaced pursuant to the provision of Article 38-30
paragraph (2) of the same act, shall not apply.
(5) The certification prescribed in Article 33 paragraph (1) item (ii) of the former
Act issued prior to the enforcement of this Act shall be regarded as a
certification of construction type issued by a registered foreign conformity
assessment body specified in Article 33 paragraph (2) of the new Act.
(6) A person who has obtained the certification prescribed in Article 33
paragraph (1) item (ii) of the former Act prior to the enforcement of this Act
shall be regarded as a person who has obtained a certification of construction
type issued by a registered foreign conformity assessment body specified in
Article 33 paragraph (2) of the new Act.
(Disposition and Procedures pursuant to the Old Act)
Article 4 In addition to those prescribed in Article 2 and Article 3, dispositions,
procedures and other actions implemented pursuant to the provisions of the
former Act prior to the enforcement of this Act shall be regarded as being
implemented pursuant to the equivalent provisions of the new Act, if any.
(Transitional Measures relating to Penal Provisions)
Article 5 With regard to the application of penal provisions to acts committed
prior to the enforcement of this Act, the provisions then in force shall remain
applicable.
(Cabinet Order Mandate)
Article 6 In addition to what is provided for in Article 2 through Article 5 of
Supplementary Provisions, transitional measures necessary for the
enforcement of this Act shall be prescribed by a Cabinet Order.
27
