电气用品安全法实施条例(经济产业省省令No. 84 of 1962) [法律法规]

Enforcement Regulations of The Electrical Appliance and Material Safety Law (Ministry of International Trade and Industry Ordinance No. 84 of 1962)Enforcement Regulations of The Electrical Appliance and Material Safety LawContentsChapter 1 General Provisions (Article 1)Chapter 2 Report of Business Etc. (Article 2 to Article 9)Chapter 3 Conformity Assessment of Electrical Appliances and Materials Etc.(Article 10 to Article 17)Chapter 4 Restriction on Sales (Article 18)Chapter 5 Authorized Conformity Assessment Bodies Etc.Section 1 Authorized Conformity Assessment Bodies (Article 19 to Article 28) Section 2 Approved Conformity Assessment Bodies (Article 29 to Article 33) Chapter 6 Miscellaneous Provisions (Article 34 to Article 52) Supplementary ProvisionsChapter 1 General Provisions(Terminology)Article 1Article 1The terminology used in this Ministerial Ordinance, with the exception of its use in Appendix 2, is in accordance with the usage in the Electrical Appliance and Material Safety Law (Law No. 234 of 1961, hereinafter referred to as "the Law") and the Enforcement Ordinance of the Electrical Appliance and Material Safety Law (Cabinet Order No. 324 of 1962, hereinafter referred to as "the Enforcement Ordinance").Chapter 2 Report of Business Etc.(Business Classification)Article 2Article 2The classification of electrical appliances and materials stipulated in the Ministry of Economy, Trade and Industry Ordinance of the Law, Article 3 shall be in accordance with Appendix 1.(Report of Business)Article 3Article 3Any person who intends to make a report of business pursuant to the provisions of the Law, Article 3 shall submit a written report based on Form 1 to the Minister of Economy, Trade and Industry (in the case of persons stipulated by the Enforcement Ordinance, Article 6, Paragraph 1, the Director-General of theEconomy, Trade, and Industry Bureau having jurisdiction over the location of said person’s plant or place of business and in the case of persons stipulated by the Article, Paragraph 2, the Director-General of the Economy, Trade and Industry Bureau having jurisdiction over the location of said person’s office, place of business, store, or warehouse, the same for Article 5, Paragraph 1, Article 6, Article 8, and Article 9).(Type Classification)Article 4Article 41. The classification of type stipulated in the Ministry of Economy, Trade and Industry Ordinance of the Law, Article 3, Paragraph 2 shall, for electrical appliances and materials listed in the column of Products of Appendix 2, be in accordance with the classification by factor in the column of Type Classification of the Appendix. In this case, for electrical appliances and materials which have two or more factors, one of the classifications given as the classification by factor shall be used as the classification of type for each of the combinations of all factors.2. With regard to electrical appliances and materials for which there are two or more classifications as given by classification by factor for one factor in the column of Type Classification of Appendix 2, regardless of the provisions of the preceding paragraph, there shall be one classification of type for each combination of all classifications of the classifications of type stipulated pursuant to the provision of the paragraph when applying the provision of the paragraph to each classification.(Report of Accession)Article 5Article 51. Any person who intends to make a report of accession of position as a Reporting Supplier pursuant to the provisions of the Law, Article 4, Paragraph 2 shall submita written report based on Form 2 to the Minister of Economy, Trade and Industry.2. The following documents shall be attached to the written report of the preceding paragraph.(1) In the case of a person who has acceded to the position of a Reporting Supplierby being assigned the whole business covered by the Report pursuant to the provisions of the Law, Article 4, Paragraph 1, a document based on Form 3.(2) In the case of a successor, selected by the agreement of all of two or moresuccessors, who has acceded to the position of a Reporting Supplier pursuant to the provisions of the Law, Article 4, Paragraph 1, a document based on Form 4 and a certified copy of said person’s family registration.(3) In the case of a successor, other than the successor of the preceding item, whohas acceded to the position of a Reporting Supplier pursuant to the provisions of the Law, Article 4, Paragraph 1, a document based on Form 5 and a certified copy of said person’s family registration.(4) In the case of a juridical person which has acceded to the position of a Reporting Supplier by merger pursuant to the provisions of the Law, Article 4, Paragraph 1, a certified copy of the registration of the juridical person.(Report of Change) Art Article 6icle 6icle 6 Any person who intends to make a report of change in the reported matters of a business pursuant to the provisions of the Law, Article 5, shall submit a written report based on Form 6 to the Minister of Economy, Trade and Industry. (Changes in Minor Details) Article 7Article 7Minor changes stipulated by Ministry of Economy, Trade and Industry Ordinance of the proviso of the Law, Article 5 shall mean a change in the name of the representative of a juridical person when the Reporting Supplier is a juridical person.(Report of Dissolution) Article 8Article 8 Any person who intends to make a report of dissolution of business pursuant to the provisions of the Law, Article 6, shall submit a written report based on Form 7 to the Minister of Economy, Trade and Industry. (Provision of Information) Article 9Article 9Any person who intends to request the provision of information pursuant to the provisions of the Law, Article 7, shall submit a document describing the matters listed next to the Minister of Economy, Trade and Industry:(1) Name and address(2) Description of information intended to requestChapter 3 Conformity Assessment of Electrical Appliances and Materials Etc. (Application for Approval of Exemption of Obligation to Comply with Requirements etc.) Article Article 10 10 101. Any person who intends to obtain approval of the Law, Article 8, Paragraph 1, Item 1 shall submit a written application based on Form 8 to the Minister of Economy, Trade and Industry.2. The Minister of Economy, Trade and Industry may request the submission of a sample or a record of testing of the electrical appliance or material covered by the application from the applicant when deeming it necessary when there is an application for approval of the preceding paragraph.(Method of Testing Etc.)Article 11Article 111. The type of the testing in the testing pursuant to the provisions of the Law, Article 8, Paragraph 2 shall be in accordance with Appendix 3.2. The matters which a Reporting Supplier should describe in the record of testing pursuant to the provisions of the Law, Article 8, Paragraph 2 shall be as follows:(1) The name and classification of type of the electrical appliance or material and adescription of the construction, materials, and performance(2) The date and place where the test was conducted(3) The name of the person conducting the test(4) The quantity of the electrical appliance or material tested(5) The method of the test(6) The results of the test3. The period for which the record of the testing should be kept pursuant to the provisions of the Law, Article 8, Paragraph 2 shall be three years from the date of the test.(Storage by Electromagnetic Means)Article 12Article 121. The record of the testing stipulated in the Law, Article 8, Paragraph 2 may be prepared and kept by recording the matter described in the items of that Article, Paragraph 2 by an electromagnetic means (meaning an electronic method, a magnetic method, or another method not able to be discerned by the human senses, same in Article 28).2. When keeping records pursuant to the provisions of the preceding paragraph, the record of testing of that paragraph shall be made able to be immediately displayed using a computer or other apparatus according to need.3. When keeping records pursuant to the provisions of Paragraph 1, effort shall be made to ensure the standards stipulated by the Minister of Economy, Trade and Industry.(Equivalent of Certificate)Article 13Article 13A certificate stipulated by the Ministry of Economy, Trade and Industry Ordinance deemed to be equivalent to the certificate of the Law, Article 9, Paragraph 2 stipulated in the Article, Paragraph 1 shall be any one listed in the following items:(1) When a foreign manufacturer manufacturing said specific electrical applianceor material has a document issued from an authorized conformity assessment body or approved conformity assessment body (hereinafter referred to overall asa "conformity assessment body") and certifying conformity with the technicalrequirements stipulated in the Law, Article 8, Paragraph 1 and the standards stipulated in Article 15 by testing by a method given in the following article fora type of specified electrical appliance or material which a Reporting Supplierintends to import, a copy of that document issued by the issuing conformity assessment body at the request of the manufacturer for a period until the date of elapse of the period stipulated by Cabinet Order of the Law, Article 9,Paragraph 1 for each specified electrical appliance and material counted from the date of receipt of the document by the manufacturer.(2) Anything in addition to that given in the preceding item specially recognized asequivalent by the Minister of Economy, Trade and Industry.(Method of Conformity Assessment)Article 14Article 14The method given in the Law, Article 9, Paragraph 1, Item 2 among the methods of testing stipulated by Ministry of Economy, Trade and Industry Ordinance of that Article, Paragraph 2 shall be a method deemed suitable for confirming conformity with the technical requirements stipulated in the Law, Article 8, Paragraph 1 and a method deemed suitable for confirming conformity with the standards stipulated in the next article in the plant or place of business of the Reporting Supplier covered by the conformity assessment for testing facilities and other matters stipulated by Ministry of Economy, Trade and Industry Ordinance.(Standards Stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 9, Paragraph 2)Article 15Article 15The standards stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 9, Paragraph 2 shall be those given in the column of Technical Requirements of Appendix 4 for each type of testing facility given in the column of Testing Facility of that appendix.(Matters Described in Certificate)Article 16Article 16The matters described in the certificate of the Law, Article 9, Paragraph 2 shall be those given in the following items:(1) Name of conformity assessment body(2) Name and address of applicant(3) Classification of type of specified electrical appliance or material(4) Name and address of plant or place of business producing the specifiedelectrical appliance or material (for importer, the name and address of themanufacturer producing the specified electrical appliance or material and the name and address of the plant or place of business producing the electricalappliance or material)(5) Method of test(6) Fact of conformity with the technical requirements stipulated in the Law,Article 8, Paragraph 1 and the standards stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 9, Paragraph 2 (only relating to tests relating to the Law, Article 9, Paragraph 1, Item 2)(7) Date of issue of certificate(Method of Marking)Article 17Article 171. The method of marking stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 10, Paragraph 1 shall be based on the methods of marking stipulated in Appendix 5 for the matters to be marked given in the following items:(1) For specified electrical appliances and materials given in the left section of theEnforcement Ordinance, Appendix 1, the symbol stipulated in Appendix 6, the name of the Reporting Supplier, and the name of the conformity assessment body from which the certificate stipulated in the Law, Article 9, Paragraph 2 was issued(2) For electrical appliances and materials given in the Enforcement Ordinance,Appendix 2, the symbol stipulated in Appendix 7 and the name of the Reporting Supplier2. For the name of the Reporting Supplier or Conformity Assessment Body to be marked pursuant to the provisions of the preceding paragraph, use may be made of an approved abbreviated name or a reported registered trademark (meaning registered trademark of the Trademark Law (Law No. 127 of 1959), Article 2, Paragraph 2) when the person has obtained the approval of the Minister of Economy, Trade, and Industry or has reported it to the Minister of Economy, Trade and Industry.3. A Reporting Supplier intending to obtain approval or make a report pursuant to the provisions of the preceding paragraph shall submit a written application or written report based on Form 9 to the Minister of Economy, Trade and Industry.Chapter 4 Restriction on Sales(Application for Exceptional Recognition relating to Sale)Article 18Article 18The provisions of the paragraphs of the Article 10 shall apply mutatis mutandis to applications for approval of the Law, Article 27, Paragraph 2.Chapter 5 Authorized Conformity Assessment Bodies Etc.Section 1 Authorized Conformity Assessment Bodies (Classification of Authorization)Article 19Article 19The classifications stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 29 shall be as follows:(1) Cables and cords(2) Fuses(3) Wiring accessories(4) Current limiters(5) Single-phase small power transformers and discharge lamp ballasts(6) Heating appliances(7) Electric motor-operated appliances(8) Electronic appliances(9) Alternating current electrical appliances (except those given from (2) to thepreceding items)(10) Transportable engine generators(Application for Authorization)Article 20Article 20Any person intending to apply for authorization pursuant to the provisions of the Law, Article 29 shall submit a written application based on Form 11 attached with the following documents to the Minister of Economy, Trade and Industry:(1) Articles of incorporation, act of endowment, or certified copy of registration(2) Inventory of assets and balance sheet on final day of fiscal year immediatelybefore fiscal year including date of application(3) Business plans and profit and loss statement and budget for fiscal yearincluding date of application and next fiscal year (differentiating between items relating to work of conformity assessment and items relating to other work) (4) Documents describing the following matters1) Names and curricula vitae of officers and names and curricula vitae ofconstituent members stipulated in the following article (hereinafter in thisitem simply referred to as "constituent member") or the business owners(when the constituent member is a juridical person, the name of thatjuridical person) and the ratio of the constituent members2) Name and address of place of business3) Number, performance, and location of machinery and equipment and otherfacilities used for work of conformity assessment4) Results of work resembling conformity assessment relating to applicationfor authorization5) The qualifications and numbers of persons engaged in the work ofconformity assessment6) Types and descriptions of work when engaged in work other than work ofconformity assessment(5) Document explaining that the applicant does not fall under the provisions ofthe items of the Law, Article 30(6) Document explaining that the applicant conforms to the provisions of the itemsof the Law, Article 22(Constituent Members of Authorized Conformity Assessment Body)Article 21Article 21The constituent members stipulated in the Ministry of Economy, Trade and Industry Ordinance according to the type of juridical person of the Law, Article 31, Item 2 shall be those given in the following items of the types of juridical person given in the items:(1) Juridical persons established based on the provisions of the Civil Code (LawNo. 89 of 1896), Article 34: Company employees(2) Limited partnerships and general partnerships of Commercial Law (Law No.48 of 1900), Article 53 and limited companies of Limited Liability CompanyLaw (Law No. 74 of 1899), Article 1, Paragraph 1: Company employees(3) Joint stock companies of Commercial Law, Article 53: Shareholders(4) Business cooperatives, small business cooperatives, and corporate associationsof the Law on the Cooperative Association of Small and Medium Enterprises (Law No. 181 of 1949), Article 3, and agricultural cooperatives of theAgricultural Cooperative Law (Law No. 132 of 1947), Article 4, Paragraph 1: Association members(5) Federations of cooperatives of the Law on the Cooperative Association of Smalland Medium Enterprises, Article 3 and federations of agricultural cooperatives of the Agricultural Cooperative Law, Article 4, Paragraph 1: Persons directly or indirectly comprising the same(6) Other juridical persons: Persons resembling those given in the preceding itemsfor juridical persons(Requirements for Conformity of Authorized Conformity Assessment Bodies) Article 22Article 22The standards stipulated by Ministry of Economy, Trade and Industry Ordinanceof the Law, Article 31, Item 3 shall be established so that the organization relating to the performance of conformity assessment, the method of conformity assessment, the method of calculating fees, other systems for performing the work for conformity assessment conform with the following items:(1) Specific persons shall not be improperly treated in a discriminatory fashion.(2) There shall be no effect from business relations with the person receiving theconformity assessment or other interests(3) There shall be no other liability of hindering fair performance of conformityassessments in addition to the above items(Proceedings for Renewal of Authorization)Article 23Article 23The provisions from Article 19 to the preceding article shall apply mutatis mutandis when an authorized conformity assessment body intends to obtain renewal of the authorization pursuant to the provisions of the Law, Article 32, Paragraph 1.(Report of Change in Place of Business)Article 24Article 24An authorized conformity assessment body shall submit a written report based on Form 12 to the Minister of Economy, Trade and Industry when reporting a change of location of the place of business pursuant to the provisions of the Law, Article 34.(Rules of Operation)Article 25Article 251. An authorized conformity assessment body shall submit a written report based on Form 13 attached with the Rules of Operation to the Minister of Economy, Trade and Industry up to two weeks before the date at which it intends to start work of conformity assessment when reporting Rules of Operation pursuant to the provisions of the Law, Article 35, Paragraph 1.2. The provisions of the preceding paragraph shall apply mutatis mutandis to a report of a change in the Rules of Operation stipulated in the provisions of the Law, Article 35, Paragraph 1, second half.3. The matters to be stipulated in the Rules of Operation of the Law, Article 35, Paragraph 2 shall be the following:(1) Matters relating to the hours of work for conformity assessment and holidays(2) Matters relating to the locations of work for conformity assessment(3) Matters relating to the stationing of assessors(4) Matters relating to the calculation of fees relating to conformity assessments(5) Matters relating to the issuance of certificates relating to conformityassessments(6) Matters relating to the appointment and dismissal of assessors(7) Matters relating to the storage of applications for conformity assessments(8) Matters relating to the method of conformity assessment(9) Matters given in the following 1) to 5) relating to another business whenconsigning part of a conformity assessment to that business1) Name and address2) Articles of incorporation, act of endowment, or certified copy of registrationor document resembling the same3) Document explaining technical competence relating to conformityassessments4) Document explaining that there is nothing liable to hinder the fairperformance of conformity assessments5) Document explaining where the responsibility for conformity assessmentslies and the division of the work(10) The name of the international commitment and the matters given in 1) and 5)of the preceding item when using the results of testing of another business (only one having an overseas address) based on an international commitment established by public announcement by the Minister of Economy, Trade and Industry.(11) Other necessary matters than those given in the preceding items relating tothe work of conformity assessment.(Suspension or Dissolution of Operation)Article 26Article 26An authorized conformity assessment body shall submit a written report based on Form 14 to the Minister of Economy, Trade and Industry when reporting suspension or dissolution of all or part of the work of conformity assessment pursuant to the provisions of the Law, Article 36.(Record Books)Article 27Article 271. The matters stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 42, Paragraph 1 shall be as follows:(1) The name and address of the person applying for the conformity assessmentand, for a juridical person, the name of its representative(2) The date of receipt of the application for conformity assessment(3) The product relating to the application for conformity assessment and theclassification of type stipulated by Ministry of Economy, Trade and Industry Ordinance of the Law, Article 3, Item 2 relating to the product(4) The name of the specified electrical appliance or material assessed forconformity and a description of its construction, material, and performance(5) The date the conformity assessment was performed(6) The name of the assessor performing the conformity assessment(7) A description of the conformity assessment and its results2. An authorized conformity assessment body shall differentiate between each type of specified electrical appliance and material in entries when entering matters given in the items of the preceding paragraph in the record books.3. The period for which the record books must be stored pursuant to the provisions of the Law, Article 42, Paragraph 2 shall be as given in the right section of Appendix 1 of the Enforcement Ordinance for each specified electrical appliance or material given in the left section of the Appendix.(Storage by Electromagnetic Means)Article 28Article 281. When the matters given in the items of Paragraph 1 of the preceding article are stored by being recorded by electromagnetic means and the records can be immediately displayed using a computer or other apparatus in accordance with need, it is possible to use the storage of these records in place of the storage of the record book recording the matters stipulated in the Law, Article 42, Paragraph2.2. When keeping records pursuant to the provisions of the preceding paragraph, effort shall be made to ensure the standards stipulated by the Minister of Economy, Trade and Industry.Section 2 Approved Conformity Assessment Bodies(Application for Approval)Article 29Article 29The provisions of Article 20 shall apply mutatis mutandis for applications for approval stipulated in the provisions of the Law, Article 42-3, Paragraph 1. In this case, the "Law, Article 29" in the article shall be read as the "Law, Article 42-3,Paragraph 1", the "act of endowment, or certified copy of registration" in the Article, Item 1 as "act of endowment, and certified copy of registration or something resembling the same", the "Law, Article 30" in the Article, Item 5 as the "Law, Article 30 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", and "Article 22" in the Article, Item 6, as "Article 22 applied mutatis mutandis in Article 30".(Application Mutatis Mutandis of Provisions Relating to Authorized Conformity Assessment Body)Article 30Article 30The provisions from Article 21 to Article 28 (except Article 25, Paragraph 3, Item 10) shall be applied mutatis mutandis to approved conformity assessment bodies.In this case, the "Law, Article 31, Item 2" in Article 21 shall be read as the "Law, Article 31, Item 2 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", the "Law, Article 31, Item 3" in Article 22 as the "Law, Article 31, Item 3 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", the "Law, Article 32, Paragraph 1" in Article 23 as the "Law, Article 32, Paragraph 1 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", "Article 19" as "Article 20 and Article 30 applied mutatis mutandis in Article 29", the "Law, Article 34" in Article 24 as the "Law, Article 34 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", the "Law, Article 35" in Article 25 as the "Law, Article 35 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", the "Law, Article 36" in Article 26 as the "Law, Article 36 applied mutatis mutandis in the Law, Article42-3, Paragraph 2", the "Law, Article 42, Paragraph 1" in Article 27 as the "Law, Article 42, Paragraph 1 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2", and the "Law, Article 42, Paragraph 2" in Article 28 as the "Law, Article 42, Paragraph 2 applied mutatis mutandis in the Law, Article 42-3, Paragraph 2".(Amount of Travel Expenses)Article 31Article 31The amount equivalent to the amount of travel expenses of the Enforcement Ordinance, Article 2-3 (hereinafter referred to as the "equivalent of travel expenses") means the amount of travel expenses to be disbursed pursuant to the provisions of the Law Relating to the Travel Expenses of National Civil Servants (Law No. 114 of 1950, hereinafter referred to as the "Travel Expense Law"). In this case, the amount of the travel expenses shall be calculated by assuming the employee dispatched to the location of an assessment to be a person with a grade 4 post in the Salary Schedule for Administrative Service (1) provided in the Law Regarding the Salaries Etc. of Employees of General Posts (Law No. 95 of 1950), Article 6, Paragraph 1, Item 1, A.(Location of Place of Employment)Article 32Article 32When calculating the equivalent of travel expenses, the location of the place of employment of the employee dispatched to the site of an assessment under the。