Law concerning the Rational Use of Energy
22 June 1979, Law No.49
Revised in 10 December 1983
Revised in 31 March 1993
Revised in 12 November 1993
Revised in 9 April 1997
Revised in 5 June 1998

Chapter I.General Provisions
Chapter I-2.Fundamental Policies, etc.
Chapter II.Measures for Factories, etc.
Section 1.Measures for Factories
Section 2.Designated Examination Body
Section 3.Designated Training Course Body
Chapter III.Measures for Buildings
Chapter IV.Measures for Machinery and Equipment
Chapter IV-2.Affairs for Rational Use of Energy of the New Energy and Industrial Development Organization
Chapter V.Miscellaneous Provisions
Chapter VI.Penal Regulations

Chapter I. General Provisions[Top]
(Purpose)
Article 1.
This law was enacted for the purpose of contributing to the sound development of the national economy by setting up necessary measures for the rational use of energy by factories, buildings, machinery and equipment, and other necessary measures, etc. for promoting comprehensively the rational use of energy in order to ensure the effective use of fuel resources which will meet the economic and social environment of energy at home and abroad.

(Definitions)
Article 2.
"Energy" in this law means fuel, heat produced by such fuel and electricity (excluding the electricity which is used in place of the electricity obtained by converting the power obtained by converting the heat produced by such fuel and is determined by a government ordinance; hereinafter that same).
2"Fuel" in this law means those products usable for combustion such as crude oil, gasoline, heavy oil or other petroleum products as designated by the Ordinance of the Ministry of International Trade and Industry (hereinafter referred to as "MITI Ordinance"), or inflammable natural gas, coal, coke or other coal products as designated by the MITI Ordinance.

Chapter I-2. Fundamental Policies, etc.[Top]
(Fundamental Polices)
Article 3.
The Minister of International Trade and Industry (hereinafter referred to as "Minister") shall determine and make public fundamental policies concerning the rational use of energy (hereinafter referred to as "Fundamental Policies") for the purpose of promoting comprehensively the rational use of energy at a factory or other place of business (hereinafter referred to simply as "Factory"), buildings, machinery and equipment.
2The Fundamental Policies shall, in order to rationalize the use of energy, define fundamental matters concerning the measures to be taken by energy users, fundamental matters concerning the policies for promoting the rational use of energy and other matters concerning the rational use of energy in consideration of a long-term outlook of energy supply and demand, technical levels for the rational use of energy or other circumstances.
3The Minister's Fundamental Policies shall be approved by a cabinet meeting
4Before the Minister determines Fundamental Policies, the Minister shall have a consultation with the Minister of Construction as to the part of the Fundamental Policies regarding the construction, maintenance and security of buildings, and with the Minister of Transport as to the part regarding the performance of motor vehicles in relation to energy consumption.
5The Minister shall, when necessary in accordance with changes in the circumstances described in Paragraph 2, revise the Fundamental Policies.
6The provisions of Paragraph 1 through Paragraph 4 apply to the amendment of the Fundamental Policies according to the provisions of the preceding paragraph.

(Effort on the part of energy users)
Article 3-2.
Energy users shall make efforts to rationalize their energy use in compliance with the Fundamental Policies.


Chapter II. Measures for Factories, etc.
Section 1. Measures for Factories
[Top]
(Matters to Be Used as Standards for Judgment by Enterprise)
Article 4.
The Minister shall determine and make public the matters given below and the matters to be used as the standards for judgment, regarding the objective of rational use of energy and the measures to be taken systematically to achieve such objective, by the enterprise which uses energy at the Factory (hereinafter referred to as "Enterprise") in order to promote the rational use of energy at the Factory properly and effectively.
1. Rationalization of fuel combustion.
2. Rationalization of heating, cooling and heat transfer.
3. Prevention of heat loss by radiation, conduction, etc.
4. Recovery of waste heat.
5. Rationalization of heat conversion into power, etc.
6. Prevention of electricity loss by resistance, etc.
7. Rationalization of conversion of electricity into power, heat, etc.
2The matters to be used as the standards for judgment as provided in the preceding paragraph shall reflect the consideration of a long-term outlook of energy supply and demand, technical level for the rational use of energy or other circumstances, and shall be revised when necessary in accordance with charges in these circumstances.

(Guidance and Advice)
Article 5.
The competent minister may, in the event that it is deemed necessary in order to ensure the rational use of energy at a Factory, provide an Enterprise with guidance and advice for the implementation of the matters to be used as the standards for judgment enumerated in each item of Paragraph 1 of the preceding article, in consideration of such matters as provided in such paragraph.

(Designation of Type 1 Designated Energy Management Factory)
Article 6.
The Minister may designate those Factories which are used for the operation of the manufacturing industry or other industry determined by a government ordinance and whose consumption of fuel and heat produced by such fuel (hereinafter referred to as "Fuel, etc.") per year (which means the period from April 1 to March 31 the following year; hereinafter the same) is the amount determined by a government ordinance or more as those especially needing the promotion of rational use of Fuel, etc., and those Factories which are used for such operation and whose consumption of electricity per year is the amount determined by a government ordinance or more as those especially needing the promotion of rational use of electricity, respectively.
2The enterprise which establishes a Factory used for an operation belonging to the industry determined by a government ordinance as provided in the preceding paragraph shall, in the event that the consumption of Fuel, etc. or electricity at such Factory in the preceding year is the amount determined by a government ordinance or more report to the Minister the matters determined by an MITI Ordinance concerning the condition of use of Fuel, etc. or electricity at such Factory in accordance with the provisions of an MITI Ordinance. However, the above is not applicable to the Factories designated as those especially needing the promotion of rational use of Fuel, etc. in accordance with the provisions of such paragraph (hereinafter referred to as "Type 1 Designated Heat Management Factory") or the Factories designated as those especially needing the promotion of rational use of electricity in accordance with such provisions (hereinafter referred to as "Type 1 Designated Electricity Management Factory" ).
3The enterprise (hereinafter referred to as "Type 1 Designated Enterprise") which establishes a Type 1 Designated Heat Management Factory or Type 1 Designated Electricity Management Factory (hereinafter referred to collectively as "Type 1 Designated Energy Management Factory") may file an application with the Minister for the cancellation of the designation pursuant to the provisions of Paragraph 1 in accordance with the provisions of an MITI Ordinance, in the event that any one of the following situations arises with respect to such Factory:
1. Such Factory ceases the operation belonging to the industry determined by a government ordinance as provided in Paragraph 1.
2. Such Factory loses the possibility of reaching or exceeding the amount of the consumption per year of Fuel, etc. or electricity determined by a government ordinance as provided in Paragraph 1.
4If an application is filed as provided in the preceding paragraph and the Minister finds that such application has a sufficient reason, the Minister shall cancel, without delay, the designation made in accordance with the provisions of Paragraph 1. The above also applies to a case where the Minister finds that any one of the situations described in such paragraph arises with respect to such Factory even if no such application is filed.
5If the Minister makes a designation in accordance with the provisions of Paragraph 1 or cancels such a designation in accordance with the provisions of the preceding paragraph, the Minister shall notify such designation or cancellation to the minister or ministers responsible for the operation undertaken at the Factory concerned.



(Energy Manager)
Article 7.
The Type 1 Designated Enterprise shall, in accordance with the stipulations of an MITI Ordinance, appoint an energy manager for each Type 1 Designated Energy Management Factory from among those who have received an energy manager license, pursuant to the standards determined by a government ordinance.
2When the Type1 Designated Enterprise appoints an energy manager, it shall report such appointment to the Minister within thirty days of the date of such appointment in accordance with the stipulations of an MITI Ordinance. This applies to a case where the energy manager dies or is dismissed.

(Licensing of Energy Manager)
Article 8.
There shall be two types of license for energy manager, heat manager and electricity manager licenses, which will be issued by the Minister to the individuals coming under one of the following items:
1. Those passing the examination for energy manager;
2. Those recognized by the Minister as having the knowledge and experience equal to or exceeding those of the individuals described in the preceding item.
2The procedures for granting an energy manager license shall be determined by an MITI Ordinance.

(Examination for Energy Manager)
Article 8-2.
The examination for energy managers shall be carried out by the Minister for both types of licenses.
2The Minister may designate an organization (hereinafter referred to as the "Designated Examination Body") to carry out the affairs concerning the examination for energy manager (hereinafter referred to as "Examination Affairs").
3The subjects of the examination for energy managers, procedures for taking such examination and any other details related to such examination shall be determined by an MITI Ordinance.

(Duties of Energy Manager)
Article 9.
The energy manager shall, at a Type 1 Designated Heat Management Factory, be responsible for maintaining the facilities for the consumption of Fuel, etc., improving and supervising the method of using Fuel, etc. and conducting all other work as provided by an MITI Ordinance for the rational use of Fuel, etc., or shall, at a Type 1 Designated Electricity Management Factory, be responsible for maintaining the facilities for the consumption of electricity, improving and supervising the method of using electricity and conducting all other work as provided by an MITI Ordinance for the rational use of electricity.

(Obligations of Energy Manager, etc.)
Article 10.
The energy manager shall faithfully carry out their duties.
2The Type 1 Designated Enterprise shall respect the opinions of the energy manager about the performance of his or her duties concerning the rational use of energy.
3The employee in the Type 1 Designated Energy Management Factory shall follow any instruction given by the energy manager as necessary one in the performance of such duties.

(Formulation of Medium-to-Long Term Plan)
Article 10-2.
The Type 1 Designated Enterprise shall every year, in accordance with the stipulations of an MITI Ordinance, formulate a medium-to-long term plan for achieving the objective of rational use of energy determined in the matters to be used as the standards for judgment as provided in Paragraph 1 of Article 4 regarding Type 1 Designated Energy Management Factory, and shall submit such a plan to the competent minister.
2The competent minister may set a necessary guideline to serve for the proper formulation of such plan as provided in the preceding paragraph by the Type 1 Designated Enterprise.
3The competent minister shall, if the competent minister sets guideline as provided in the preceding paragraph, make such guideline public.

(Periodical Report)
Article 11.
The Type 1 Designated Enterprise shall, every year in accordance with the stipulations of an MITI Ordinance, report to the Minister the matters determined by an MITI Ordinance concerning the consumption of Fuel, etc. and other conditions of consumption of Fuel, etc. (including the matters relating to the efficiency of use of Fuel, etc.) and conditions with respect to the installation, modification and abolition of the facilities for the consumption of Fuel, etc. and facilities for the rational use of Fuels, etc. at the Type 1 Designated Heat Management Factory, and concerning the consumption of electricity and other conditions of consumption of electricity (including the matters relating to the efficiency of use of electricity) and conditions with respect to the installation, modification and abolition of the facilities for the consumption of electricity, and facilities for the rational use of electricity at the Type 1 Designated Electricity Management Factory.

(Instructions and Orders concerning Rationalization Plan)
Article 12.
The competent minister may, if the minister finds the rational use of energy at the Type 1 Designated Energy Management Factory to be greatly insufficient in consideration of the matters to be used as the standards for judgment as provided in Paragraph 1 of Article 4, give the Type 1 Designated Enterprise which operates such Type 1 Designated Energy Management Factory an instruction to prepare and submit a plan of rational use of energy (hereinafter referred to as "Rationalization Plan") by indicating the basis for such finding.
2The competent minister may, if the minister finds the submitted Rationalization Plan to be inadequate for realizing the satisfactorily rational use of energy at the Type 1 Designated Energy Management Factory concerned, instruct the Type 1 Designated Enterprise to revise such Rationalization Plan.
3The competent ministry may, if the minister finds that the Type 1 Designated Enterprise has not implemented the Rationalization Plan, instruct such Type 1 Designated Enterprise to implement such Rationalization Plan properly.
4The competent minister may, if the Type 1 Designated Enterprise has failed to follow the instruction as provided in the preceding three paragraphs, make public the fact of such failure.
5The competent minister may, if the Type 1 Designated Enterprise has failed to take the measures included in the instruction as provided in Paragraphs 1 to 3 with no good reason, order such Type 1 Designated Enterprise to take such measures after consulting with the council determined by a government ordinance.

(Designation of Type 2 Designated Energy Management Factory)
Article 12-2.
The Minister may designate those Factories other than the Type 1 Designated Heat Management Factory whose consumption of Fuel, etc. per year is the amount determined by a government ordinance or more as those especially needing the promotion of rational use of Fuel, etc. in a manner similar to the case of the Type 1 Designated Heat Management Factory, and those Factories other than the Type 1 Designated Electricity Management Factory whose consumption of electricity per year is the amount determined by a government ordinance or more as those especially needing the promotion of rational use of electricity in a manner similar to the case of the Type 1 Designated Electricity Management Factory, respectively.
2The enterprise which establishes a Factory shall, in the event that the consumption of Fuel, etc. or electricity at such Factory in the preceding year is the amount determined by a government ordinance as provided in the preceding paragraph or more, report to the Minister the matters determined by an MITI Ordinance concerning the condition of use of Fuel, etc. or electricity at such Factory in accordance with the provisions of an MITI Ordinance. However, the above is not applicable to the Type 1 Designated Energy Management Factory, the Factories which shall report concerning the condition of use of Fuel, etc. or electricity in accordance with the provisions of Paragraph 2 of Article 6, the Factories designated as those especially needing the promotion of rational use of Fuel, etc. in a manner similar to the case of the Type 1 Designated Heat Management Factory in accordance with the provisions of the preceding paragraph (hereinafter referred to as "Type 2 Designated Heat Management Factory") and the Factories designated as those especially needing the promotion of rational use of electricity in a manner similar to the case of the Type 1 Designated Electricity Management Factory in accordance with such provisions (hereinafter referred to as "Type 2 Designated Electricity Management Factory").
3The enterprise (hereinafter referred to as "Type 2 Designated Enterprise") which establishes a Type 2 Designated Heat Management Factory or Type 2 Designated Electricity Management Factory (hereinafter referred to collectively as "Type 2 Designated Energy Management Factory") may file an application with the Minister for the cancellation of the designation pursuant to the provisions of Paragraph 1 in accordance with the provisions of an MITI Ordinance, in the event that any one of the following situations arises with respect to such Factory:
1. Such factory ceases its operation.
2. Such factory loses the possibility of reaching or exceeding the amount of the consumption per year of Fuel, etc. or electricity determined by a government ordinance as provided in Paragraph 1.
4If an application is filed as provided in the preceding paragraph and the Minister finds that such application has a sufficient reason, the Minister shall cancel, without delay, the designation made in accordance with the provisions of Paragraph 1. The above also applies to a case where the Minister finds that any one of the situations described in such paragraph arises with respect to such Factory even if no such application is filed.
5The Minister shall, in the event that the consumption per year of Fuel, etc. at a Type 2 Designated Heat Management Factory reaches or exceeds the amount determined by a government ordinance as provided in Article 6, Paragraph 1 or in the event that the consumption per year of electricity reaches or exceeds the amount determined by a government ordinance as provided in such paragraph and if the Minister designates such Factory as those especially needing the promotion of rational use of Fuel, etc. or those especially needing the promotion of rational use of electricity, respectively, in accordance with the provisions of such paragraph, cancel the designation of such Factory in accordance with Paragraph 1.
6The Ministry shall, if the Minister makes a designation in accordance with the provisions of Paragraph 1 or cancels such designation in accordance with the provisions of the preceding two paragraphs, notify the minister in charge of the undertaking of such Factory of such designation or cancellation.

(Energy Management Officer)
Article 12-3.
The Type 2 Designated Enterprise shall, in accordance with the stipulations of an MITI Ordinance, appoint an energy management officer for each Type 2 Designated Energy Management Factory from among the persons given below:
1. Those who have completed the training course concerning the necessary knowledge and skill regarding rational use of energy which is offered by the Minister or the person designated by the Minister (hereinafter referred to as "Designated Training Course Body") in accordance with the stipulations of an MITI Ordinance.
2. Those who hold a license of energy manager.
2The Type 2 Designated Enterprise shall, for each period determined by an MITI Ordinance, cause the person who meets the condition of Item 1 of the preceding paragraph and is appointed an energy management officer to take the training course for improving the ability of energy management officers which is offered by the Minister or a Designated Training Course Body in accordance with the stipulations of an MITI Ordinance.
3The Type 2 Designated Enterprise shall report to the Minister the appointment, death or dismissal of an energy management officer in accordance with the stipulations of an MITI Ordinance.
4The provisions of Article 9 and Paragraph 1 of Article 10 shall also apply to energy management officers, the provisions of Paragraph 2 of such article, to Type 2 Designated Enterprises and the provisions of Paragraph 3 of such article, to the employees of Type 2 Designated Energy Management Factories. In such a case, "energy manager" in Paragraphs 2 and 3 of Article 10 shall read "energy management officer."

(Recording)
Article 12-4.
The Type 2 Designated Enterprise shall provide its Type 2 Designated Energy Management Factory with books, and, in accordance with the stipulations of an MITI Ordinance, shall record the consumption of Fuel, etc. and other conditions of use of Fuel, etc. and the situation of the installment, replacement and scrapping of the equipment consuming Fuel, etc. and the equipment for rational use of Fuel, etc. at its Type 2 Designated Heat Management Factory and the consumption of electricity and other conditions of use of electricity and the situation of the installment, replacement and scrapping of the equipment consuming electricity and the equipment for rational use of electricity at its Type 2 Designated Electricity Management Factory.

(Recommendation)
Article 12-5.
The competent minister shall, if the minister finds the rational use of energy at the Type 2 Designated Energy Management Factory to be greatly insufficient in consideration of the matters to be used as the standards for judgment as provided in Paragraph 1 of Article 4, give the Designated Enterprise which operates such Type 2 Designated Energy Management Factory a recommendation that necessary measures be taken for the rational use of energy by indicating the basis for such finding.
Section 2. Designated Examination Body[Top]
(Designation)
Article 12-6.
The designation described in Paragraph 2 of Article 8-2 shall be made by the application of a person or organization desiring to handle Examination Affairs, in accordance with the stipulations of an MITI Ordinance.
2The Minister shall not be directly involved in Examination Affairs after the Minister has made a designation under the provisions the provisions of Paragraph 2 of Article 8-2.

(Disqualification Clause)
Article 12-7.
Any person or organization coming under one of the following items shall not be eligible for any designation described in Paragraph 2 of Article 8-2:
1.The person or organization who has had his or her or its designation canceled in accordance with the provisions of Paragraph 2 of Article 12-17 within the last two (2) years.
2.The organization which has any officer conducting its affairs who comes under one of the following items:
A.Any person who was punished for violating this law or for ignoring the measures taken in accordance with this law and is within two (2) years from the completion of the execution of such punishment or the date when such person was excused from such punishment.
B.Any person who was dismissed in accordance with the provisions of Article 12-13 within the last two (2) years.

(Standard for Designation)
Article 12-8.
The Minister shall not make a designation if another person or organization has already been designated in accordance with the provisions of Paragraph 2 of Article 8-2, and unless the Minister finds that the application for designation under such paragraph conforms to each of the following items:
1.The plan for conducting Examination Affairs, including the matters of staffing, facilities, method of implementation of Examination Affairs and other matters, shall be adequate to conduct Examination Affairs properly;
2.The accounting system and technical level shall be sufficient to implement properly the plan for conducting Examination Affairs described in the preceding item;
3.The applicant shall be a juridical person incorporated in accordance with the provisions of Article 34 of the Civil Code (Low No. 89, 1896);
4.If the applicant is to be engaged in any other affair than Examination Affairs, too, such other affair shall not make Examination Affairs unfair.

(Examination Affairs Regulations)
Article 12-9.
The Designated Examination Body shall prescribe regulations for implementing Examination Affairs (hereinafter referred to as"Examination Affairs Regulations") and shall have such Examination Affairs Regulations approved by the Minister. The approval of the Minister shall also be obtained for any revision of such Examination Affairs Regulations.
2The matters to be prescribed in the Examination Affairs Regulations shall be defined by an MITI Ordinance.
3The Minister may, if the Minister finds that the Examination Affairs Regulations as approved in accordance with the provisions of Paragraph 1 have become inadequate for the fair implementation of Examination Affairs, order the Designated Examination Body concerned to revise such Examination Affairs Regulations.

(Suspension or Discontinuance of Examination Affairs)
Article 12-10.
The Designated Examination Body shall not suspend or discontinue all or part of Examination Affairs without the permission of the Minister.

(Business Plan, etc.)
Article 12-11.
The designated Examination Body shall prepare a business plan and budget for each business year prior to the start of that year (without delay after designation in the business year to which the date of designation obtained in accordance with the provisions of Paragraph 2 of Article 8-2 belongs) and obtain the approval of the Minister to such business plan and budget. The approval of the Minister shall also be obtained for any revision of such business plan and budget.
2The Designated Examination Body shall prepare and submit to the Minister a business report and settlement of accounts for each business year within three (3) months of the end of that business year.

(Election and Dismissal of Officers)
Article 12-12.
The election or dismissal of officers of the Designated Examination Body shall not be effective without the approval of the Minister.

(Order for Dismissal of Officers)
Article 12-13.
The Minister may, if the officer of the Designated Examination Body has violated this law (including measures taken in accordance with this law) or the Examination Affairs Regulations, or has conducted any seriously inappropriate act with respect to Examination Affairs, order the Designated Examination Body concerned to dismiss such officer.

(Examination Commissioner for Energy Managers)
Article 12-14.
The Designated Examination Body shall have an examination commissioner for energy managers (hereinafter referred to as "Examination Commissioner") conduct Examination Affairs if such Examination Affairs are concerned with a judgment as to whether or not the applicant has enough knowledge and ability as an energy manager.
2The Designated Examination Body shall elect the Examination Commissioner from among those with the qualifications stipulated by an MITI Ordinance.
3When it has elected its Examination Commissioner, the Designated Examination Body shall report such election to the Minister in accordance with the stipulations of an MITI Ordinance. It shall also report to the Minister when any change occurs in the status of the Examination Commissioner.
4The provisions of the preceding article shall also apply to the Examination Commissioner.

(Secrecy Obligation, etc.)
Article 12-15.
Any officer or staff (including the Examination Commissioner; the same in the next paragraph) of the Designated Examination Body or any other person who was such officer or staff shall not disclose any secret information known to him or her with regard to Examination Affairs.
2Any officer or staff of the Designated Examination Body engaged in Examination Affairs shall be regarded as staff engaged in public services by laws and regulations as to the application of penal regulations of the Penal Code (Law No. 45, 1907) or other laws.

(Order for Conformity, etc.)
Article 12-16.
The Minister may, if the Minister finds that the Designated Examination Body no longer conforms to any one of the items of Article 12-8 (except Item 3 ; hereinafter the same in this paragraph), order such Designated Examination Body to take measures to make it conform to such item.
2In addition to the provisions of the preceding paragraph, the Minister may, if the Minister finds it necessary in order to enforce this law, issue to the Designated Examination Body orders necessary for supervision with regard to Examination Affairs.

(Cancellation of Designation, etc.)
Article 12-17.
The Minister shall cancel the designation made in accordance with Paragraph 2 of Article 8-2 if the Designated Examination Body no longer conforms to Item 3 of Article 12-8.
2The Minister may, if the Designated Examination Body comes under any one of the following items, cancel the designation made in accordance with Paragraph 2 of Article 8-2 or order such Designated Examination Body to suspend all or part of Examination Affairs for a certain period of time:
If the Designated Examination Body violates the pro visions of this section;
If the Designated Examination Body comes under Item 2 of Article 12-7;
If the Designated Examination Body conducts Examination Affairs not pursuant to the Examination
Affairs Regulations approved by the Minister under Paragraph 1 of Article 12-9;
If the Designated Examination Body fails to follow the order as provided in Paragraph 3 of Article 12-9 or in Article 12-13 (including the case where the provisions of Article 12-13 are applied under Item 4 of Article 12-14)or as provided in the preceding Article;
If the Designated Examination Body obtained by improper means the designation as described in Paragraph 2 of Article 8-2.

(Preparation of Book)
Article 12-18.
The Designated Examination Body shall prepare a book and record in such book the matters concerning Examination Affairs as provided in an MITI Ordinance.
2The book referred to in the preceding paragraph shall be kept in accordance with the stipulations of an MITI Ordinance.

(Examination Affairs Conducted by the Minister, etc.)
Article 12-19.
The Minister shall conduct all or part of Examination Affairs in person when the Designated Examination Body suspends all or part of Examination Affairs with the permission granted in accordance with the provisions of Article 12-10, or when the Minister orders the Designated Examination Body to suspend all or part of Examination Affairs in accordance with the provisions of Paragraph 2 of Article 12-17, or when the Minister finds it necessary in the event that it becomes necessary for the Designated Examination Body to conduct all or part of Examination Affairs due to an act of God or any other reason.
2The MITI Ordinance shall determine the procedures for transferring Examination Affairs or any other necessary matters in the case where the Minister conducts all or part of Examination Affairs in person in accordance with the provisions of the preceding paragraph, or where the Designated Examination Body discontinues all or part of Examination Affairs with the permission as provided in Article 12-10, or where the Minister cancels the designation of the Designated Examination Body in accordance with the provisions of Article 12-17.

(Public Notice)
Article 12-20.
The Minister shall make public notice through the official gazette the fact concerning the following cases:
1.When the Minister grants a designation in accordance with Paragraph 2 of Article 8-2;
2.When the Minister grants a permission described in Article 12-10;
3.When the Minister cancels the designation in accordance with the provisions of Article 12-17, or when the Minister orders the suspension of all or part of Examination Affairs in accordance with the provisions of Paragraph 2 of the same Article;
4.When the Minister conducts all or part of Examination Affairs in person in accordance with the provisions of Paragraph 1 of the preceding article, or when the Minister decides to conduct no longer all or part of Examination Affairs that the Minister has been conducting.


Section 3. Designated Training Course Body[Top]
(Designation)
Article 12-21.
The designation described in Item 1 of Paragraph 1 of Article 12-3 shall be made by the application of a person or organization desiring to handle the training course provided in such item and Paragraph 2 of such Article (hereinafter in this section and in Article 27-3 referred to as the "Training Course"), in accordance with the stipulations of an MITI Ordinance.
2The provisions of Article 12-7 (except b of Item 2), Article 12-8 and Article 12-17 shall also apply to the designation provided in Item 1 of Paragraph 1 of Article 12-3, and the provisions of Article 12-9, Article 12-11, Paragraph 2 of Article 12-15, Article 12-16 and Article 12-18 shall also apply to a Designated Training Course Body.
In this case, "if another person or organization has not been designated in accordance with the provisions of Paragraph 2 of Article 8-2, and unless the Minister finds that the application for designation under such paragraph conforms to each of the below-mentioned provisions, the designation shall not be made" in Article 12-8 shall read "if another person or organization has not been designated in accordance with the provisions of Paragraph 2 of Article 8-2, and unless the Minister finds that the application for designation under Item 1 of Paragraph 1 of Article 12-3 conforms to each of the below-mentioned provisions, the designation shall not be made, " "Examination Affairs" in Items 1, 2 and 4 of Article 12-8, Paragraphs 1 and 3 of Article 12-9, Paragraph 2 of Article 12-15, Paragraph 2 of Article 12-16, Paragraph 2 of Article 12-17 and Paragraph 1 of Article 12-18 shall read "Training Course Affairs," "Examination Affairs Regulations" in Article 12-9 and Item 3 of Paragraph 2 of Article 12-17 shall read "Training Course Regulations," "Paragraph 2 of Article 8-2" in Paragraph 1 of Article 12-11 shall read "Item 1 of Paragraph 1 of Article 12-3," and "Article 12-13 (including the case where the provisions of Article 12-13 are applied under Paragraph 4 of Article 12-14) or the under the provision of the preceding Article is violated" in Item 4 of Paragraph 2 of Article 12-17 shall read "or."

(Suspension or Discontinuance of Training Course Affairs)
Article 12-22.
The Designated Training Course Body shall, if it suspends or discontinues all or part of its Training Course Affairs, report to the Minister such suspension or discontinuance within the period determined by an MITI Ordinance.

(Public Notice)
Article 12-23.
The Minister shall make public notice through the official gazette the fact concerning the following cases:
1.When the Minister grants a designation in accordance with Item 1 of Paragraph 1 of Article 12-3;
2.When the Minister cancels a designation in accordance with the provisions of Article 12-17 applied as provided in Paragraph 2 of Article 12-21, or orders the suspension of all or part of the Training Course Affairs in accordance with the provisions of Paragraph 2 of such Article applied as provided in such paragraph;
3.When the Minister receives a report in accordance with the provisions of the preceding Article.


Chapter III. Measures for Buildings[Top]

(Efforts by Owner)
Article 13.
Any person who plans to construct a building (hereinafter referred to as "Owner") shall endeavor to contribute to the rational use of energy relating to such building by taking the following measures properly, paying attention to the stipulations of the Fundamental Pollicies:
1.Measures to prevent the loss of heat through the outer walls, windows, etc. of such building;
2.Measures to ensure an efficient use of energy relating to air conditioning equipment installed in such building and such other building equipment as provided by a government ordinance (hereinafter referred to as "Air Conditioning Equipment, etc. ").

(Matters to Be Used as Standards for Judgment by Owner)
Article 14.
The Minister and the Minister of Construction shall determine and make public matters to be used as standards for judgment by the Owner concerning the measures described in each item of the preceding Article in order to implement properly and effectively the rational use of energy relating to buildings.
2The provisions of Paragraph 2 of Article 4 shall also apply to the matters to be used as standards for judgment as provided in the preceding paragraph.

(Guidance and Advice for Buildings, etc.)
Article 15.
The Minister of Construction may, if the Minister of Construction finds it necessary to ensure the proper implementation of the measures as described in each item of Article 13 with regard to buildings (excluding houses; hereinafter the same in this paragraph and Paragraph 1 of the following Article), give guidance and advice to the Owner on matters relevant to the design and construction of such buildings in consideration of the matters to be used as standards for judgment as provided in Paragraph 1 of the preceding Article.
2The Minister of Construction shall, if the Minister of Construction finds it necessary to ensure the proper implementation of the measures as described in each item of Article 13 with regard to houses, determine and make public guidelines for the design and construction of houses to prevent the loss of heat through the outer walls, windows, etc. of houses and to achieve the efficient use of energy relating to Air Conditioning Equipment, etc. installed in houses, in conformity with the matters to be used as standards for judgment as provided in Paragraph 1 of the preceding Article.

(Instructions for Designated Building)
Article 15-2.
The Minister of Construction may, if the Minister of Construction finds that the measures to prevent the loss of heat through the outer walls, windows, etc. of such a building as comes under the requirements of the scale as provided by a government ordinance (hereinafter referred to as "Designated Building") and the measures to achieve the efficient use of energy relating to Air Conditioning Equipment, etc. installed in a Designated Building are seriously insufficient in light of the matters to be used as standards for judgment as provided in Paragraph 1 of Article 14, give the person who plans to construct a Designated Building (hereinafter referred to as "Designated Owner")
instructions concerning that portion of the matters relating to the design and construction of such Designated Building which is concerned about the measures to prevent the loss of heat through the outer walls, windows, etc. of such Designated Building and the measures to achieve the efficient use of energy relating to Air Conditioning Equipment, etc. installed in such Designated Building, by indicating the basis for such finding.
2The Minister of Construction may, if the Designated Owner has failed to follow the instructions given as provided in the preceding paragraph without any good reason, make public the fact of such failure.

(Guidance and Advice Regarding Building Materials)
Article 16.
The Minister may, if the Minister finds it especially necessary to ensure that buildings conform to the matters to be used as standards for judgment as provided in Paragraph 1 of Article 14 or to the guidelines as provided in Paragraph 2 of Article 15, give to the person or organization manufacturing building materials to be used in preventing the loss of heat through the outer walls, windows, etc. of buildings guidance and advice necessary for improving and indicating the quality of such building materials regarding heat insulation properties, in consideration of such matters to be used as standards for judgment or such guidelines.


Chapter IV. Measures for Machinery and Equipment[Top]

(Efforts by Manufacturer)
Article 17.
Any person who undertakes the manufacture or import of machinery or equipment that consumes energy (hereinafter referred to as "Manufacturer, etc.") shall endeavor to contribute to the rational use of energy relating to the machinery or equipment manufactured or imported by improving the performance of such machinery or equipment relative to the energy consumption by such machinery or equipment, paying attention to the Fundamental Policies.

(Matters to Be Used as Standards for Judgment by Manufacturer, etc.)
Article 18.
For some machinery or equipment consuming energy, such as motor vehicles (limited, in this paragraph, to those motor vehicles stipulated by a government ordinance as especially requiring the improvement of performance as provided in the preceding Article ) or other machinery or equipment used in large quantities in Japan and consuming a considerable amount of energy in their operation which are stipulated by a government ordinance as especially requiring the improvement of performance (hereinafter referred to as "Designated Machinery"), the Minister (the Minister and the Minister of Transport in the case of motor vehicles; hereinafter the same in this chapter and Paragraph 5 of Article 25) shall determine and make public the matters to be used as standards for judgment by Manufacturers, etc. with regard to the improvement of such performance for each Designated Machinery.
2The matters to be used as standards for judgment as provided in the preceding paragraph shall be determined in consideration of the performance of such Designated Machinery whose performance as provided in the preceding Article is the best, future prospects for the technical development of such Designated Machinery and other circumstances, and shall be amended as needed according to changes in these circumstances.

(Recommendation and Order for Improvement of Performance)
Article 19.
The Minister may, if the Minister finds it necessary to improve to a considerable extent the performance of the Designated Machinery manufactured or imported by a Manufacturer, etc. whose production or import of Designated Machinery comes under the requirements determined by a government ordinance in accordance with the provisions of Article 17, in light of the matters to be used as standards for judgment as provided in Paragraph 1 of the preceding Article, make recommendations to such Manufacturer, etc. on the improvement of such performance of such Designated Machinery manufactured or imported by such Manufacturer, etc..
2The Minister may, if the Manufacturer, etc. fails to follow the recommendations made as provided in the preceding paragraph, make such failure public.
3The Minister may, in the event that the Manufacturer, etc. who has received the recommendations as provided in Paragraph 1 fails to take measures relating to such recommendations without good reason, if the Minister finds that such failure will cause great damage to the rational use of energy by such Designated Machinery, order such Manufacturer, etc. to take measures relating to such recommendations after consulting a council determined by a government ordinance.

(Product Labeling)
Article 20.
The Minister shall determine and make notification of the matters enumerated below for each Designated Machinery as to the Designated Machinery (excluding household Articles as provided in Item 1 of Paragraph 1 of Article 2 of the Household Articles Quality Labeling Law (Law No. 104, 1962); hereinafter the same in this Article and in the following Article):
1.Matters to be labeled by the Manufacturer, etc. with respect to the energy consumption efficiency of the Designated Machinery (the value calculated in accordance with the provisions of an MITI Ordinance (in the case of motor vehicles, an MITI Ordinance and an ordinance of the Ministry of Transport) as the performance of the Designated Machinery in relation to energy consumption; hereinafter the same);
2.Matters to be observed by the Manufacturer, etc., such as the method of product labeling or other aspects regarding the labeling of energy consumption efficiency.

(Recommendation and Orders regarding Product Labeling)
Article 21.
The Minister may, if the Minister finds that the Manufacturer, etc. has failed to label the energy consumption efficiency of Designated Machinery in accordance with the notification made as provided in the preceding Article, recommend that such Manufacturer, etc. should label the energy consumption efficiency of the Designated Machinery manufactured or imported by such Manufacturer, etc. in accordance with such notification.
2The Minister may, if the Manufacturer, etc. has failed to follow the recommendation made as provided in the preceding paragraph, make public the fact of such failure.
3The Minister may, if the Minister finds that the failure of the Manufacturer, etc. to take measures in compliance with the recommendation made as provided in Paragraph 1 will be seriously harmful to the rational use of energy relating to the Designated Machinery concerned, order such Manufacturer, etc. to take measures in compliance with such recommendation after listening to the opinions of a council determined by a government ordinance.


Chapter IV-2.Affairs for Rational Use of Energy of the New Energy and Industrial Development Organization[Top]

(Affairs for Rational Use of Energy)
Article 21-2.
The New Energy and industrial Development Organization (hereinafter referred to as "Organization") shall conduct, in addition to conducting the affairs as provided in Paragraph 1 and 2 of Article 39 of the Law concerning the Promotion of Development and Introduction of Alternative Energies (Law No. 71, 1980; hereinafter referred to as "Alternative Energies Law"), the following affairs in order to promote the rational use of energy:
1.To develop the technology for the rational use of energy whose industrial use is especially needed from the standpoint of the national economy;
2.To provide subsidies as the funds needed in the introduction of the technology for the rational use of energy whose diffusion is especially necessary;
3.To provide guidance on the collection and distribution of information regarding the rational use of energy and on the technology for the rational use of energy;
4.To conduct all affairs pertinent to the affairs enumerated in each of the preceding items.

(Special Rules regarding the Alternative Energies Law)
Article 21-3.
When the Organization conducts its affairs in accordance with the provisions of the preceding Article, "Items 1 and 9 of Paragraph 1 of the preceding Article" in Paragraph 1 of Article 40 of the Alternative Energies Law shall read "Items 1 and 9 of Paragraph 1 of the preceding Article and Item 1 of Article 21-2 of the Law concerning the Rational Use of Energy (hereinafter referred to as "Rational Use Law")","Paragraph 1 of Article 39 "in Paragraph 1 of Article 41 of the Alternative Energies Law shall read "Paragraph 1 of Article 39 and Article 212 of the Rational Use Law", "this law"in Paragraph 2 of Article 53 and Paragraph 1 of Article 54 of the Alternative Energies Law shall read "this law or the Rational Use Law", and "Paragraph 1 of Article 39"in Item 3 of Article 59 of the Alternative Energies Law shall read "Paragraph 1 of Article 39 and Article 21-2 of the Rational Use Law".


Chapter V. Miscellaneous Provisions[Top]

(Budgetary Measures, etc.)
Article 22.
The state shall endeavor to take budgetary, financial and tax measures necessary to promote the rational use of energy, etc.

(Promotion of Science and Technology)
Article 23.
The state shall endeavor to take necessary measures in order to promote science and technology helpful to the rational use of energy, etc., such as the promotion of research and development and provision of the results of such research and development.

(Measures for Increasing Public Awareness, etc.)
Article 24.
The state shall endeavor through educational, publicity and other activities, to increase public awareness regarding the rational use of energy and to secure public cooperation in performing such activities.

(Consideration by Local Public Bodies in Educational Activities, etc.)
Article 24-2.
Local public bodies shall, in performing educational activities, public relations activities, etc., give consideration as much as possible so that such activities contribute to the better understanding of the public about the rational use of energy, etc.

(Reports and On-site Inspections)
Article 25.
The Minister may, to the extent necessary for enforcing the provisions of Paragraph 1 and 4 of Article 6 and Paragraphs 1 and 4 of Article 12-2, request any person or Enterprise engaged in the industry determined by a government ordinance as provided in Paragraph 1 of Article 6 to submit a report concerning the operating conditions at such person's Factory, in accordance with the stipulations of a government ordinance.
2The competent minister may, to the extent necessary for enforcing the provisions of Article 12 and Article 12-5, request the Type 1 Designated Enterprise or Type 2 Designated Enterprise to submit a report concerning the operating conditions of the Type 1 Designated Energy Management Factory or Type 2 Designated Energy Management Factory, or have ministry staff visit the Type 1 Designated Energy Management Factory or Type 2 Designated Energy Management Factory to inspect equipment consuming energy, books, documents or other materials , in accordance with the stipulations of a government ordinance.
3The Minister may, to the extent necessary for enforcing the provisions of Sections 2 and 3 of Chapter II, request the Designated Examination Body or Designated Training Course Body to submit a report concerning the conditions of its affairs or accounts, or have ministry staff visit the office of the Designated Examination Body or Designated Training Course Body to inspect book, documents or other materials.
4The Minister of Construction may, to the extent necessary for enforcing the provisions of Article 15-2, request the Designated Owner to submit a report concerning the matters with regard to the design and construction of the Designated Building, or have ministry staff visit such Designated Building or its construction site to inspect such Designated Building, construction equipment, documents or other materials, in accordance with the stipulations of a government ordinance.
5The Minister may, to extent necessary for enforcing the provisions of Articles 19 and 21, request the Manufacturer, etc. of Designated Machinery to submit a report concerning the operating conditions relating to Designated Machinery, or have ministry staff visit the office, factory or warehouse of such Manufacturer, etc. of Designated Machinery to inspect such Designated Machinery, books, documents or other materials, in accordance with the stipulations of a government ordinance.
6Any ministry staff member conducting on-site inspections as provided in Paragraph 2 through the preceding paragraph shall carry with him or her an identity card indicating his or her authority and show such card to the person concerned.
7The authorization to conduct on-site inspections as provided in Paragraphs 2 through 5 shall not be construed as the authority to carry out criminal investigations.

(Fee)
Article 25-2.
Any person desiring to take the examination for energy manager, or any person desiring to obtain the recognition provided in Item 2 of Paragraph 1 of Article 8, or any person desiring to receive the license of energy manager after having passed the examination for energy manager conducted by a Designated Examination Body, or any person desiring to renew the license of energy manager, or any person desiring to take the training course provided in Item 1 of Paragraph 1 of Article 12-3 (excluding the training course offered by a Designated Training Course Body), or any person desiring to take the training course provided in Paragraph 2 of such Article (excluding the training course offered by a Designated Training Course Body) shall pay a fee in the amount stipulated by a government ordinance in consideration of the actual expenses.
2The fee provided in the preceding paragraph shall be treated as the revenue of the Designated Examination Body when such a fee is paid by a person taking the examination for energy manager, or as the revenue of the National Treasury in all other cases.

(Hearings)
Article 25-3.
The Minister shall, when the Minister takes measures in accordance with the provisions of Article 12-13 (including the case where these provisions apply as provided in Paragraph 4 of Article 12-14) or of Article 12-17 (including the case where these provisions apply as provided in Paragraph 2 of Article 12-21), hold a public hearing for the person involved, providing a sufficient advance notice.
2 The advance notice as provided in the preceding paragraph shall include the data, place and agenda of the public hearing.
At the public hearing, the Minister shall give the person involved in the measures concerned and other interested parties the opportunity to submit supporting evidence and to express their opinions.

(Appeal against Measures Taken by Designated Examination Body, etc.)
Article 25-4.
Any person who has a complaint against the disposition with respect to Examination Affairs adopted by a Designated Examination Body (excluding disposition concerning examination results) or against a forbearance of such Designated Examination Body may request the Minister to review such disposition or forbearance in accordance with that Administrative Appeal Law (Law NO. 160, 1962).

(Mandate of Interim Measures to Orders)
Article 26.
In the event that an order is enacted, revised or repealed in accordance with this law, necessary interim measures (including interim measures concerning penal regulations) may be determined by such order, to the extent considered to be reasonably necessary as the result of such enactment, revision or repeal.

(Competent Minister)
Article 27.
The competent ministers in this law shall be the Minister of International Trade and Industry and any other minister having jurisdiction over the operation of the Factory concerned.
2The authorization as provided in this law may be delegated to the senior official of a regional bureau or office or department in accordance with the stipulations of a government ordinance.


Chapter VI. Penal Regulations[Top]

Article 27-2.
Any person who has violated the provisions of Paragraph 1 of Article 12-15 shall be punished by imprisonment with hard labor not exceeding one (1) year or a fine not exceeding one million (1,000,000) yen.

Article 27-3.
In a case of violation of the order to suspend Examination Affairs or Training Course Affairs issued as provided in Paragraph 2 of Article 12-17 (including the case where these provisions apply as provided in Paragraph 2 of Article 12-21), the officer of staff member of the Designated Examination Body or Designated Training Course Body who has committed such violation shall be punished by imprisonment with hard labor not exceeding one (1) year or a fine not exceeding one million (1,000,000)yen.

Article 28.
Any person who comes under one of the following items shall be punished by a fine not exceeding one million (1,000,000) yen;
1.Any person who has violated the provisions of Paragraph 1 of Article 7 or Paragraph 1 of Article 12-3;
2.Any person who has violated the provisions of Paragraph 5 of Article 12, Paragraph 3 of Article 19 or Paragraph 3 of Article 21.

Article 29.
Any person who comes under one of the following items shall be punished by a fine not exceeding three hundred thousand (300,000) yen:
1.Any person who has failed to report in accordance with the provisions of Paragraph 2 of Article 6 or Paragraph 2 of Article 12-2, or who has submitted a false report;
2.Any person who has failed to report in accordance with the provisions of Paragraph 1 of Article 10-2;
3.Any person who has failed to report in accordance with the provisions of Article 11or Paragraph 2, 4 or 5 of Article 25, or who has submitted a false report, or any person who has refused, obstruct or evade the inspection as provided in Paragraph 2, 4 or 5 of Article 25.
4.Any person who has failed to provide books or record or has made a false record in violation of the provisions of Article 12-4;
5.Any person having reported in accordance with the provisions of Recording 2 of Article 6, a Type 1 Designated Enterprise, any person having reported in accordance with the provisions of Paragraph 2 of Article 12-2 or a Type 2 Designated Enterprise that has failed to report in accordance with the provisions of Paragraph 1 of Article 25 or that have submitted a false report.

Article 29-2.
Any officer or staff member of the Designated Examination Body or Designated Training Course Body who has committed any of the violations enumerated in the following items shall be punished by a fine not exceeding three hundred thousand (300,000) yen:
1.When such person or staff member has discontinued all of the Examination Affairs without permission as provided in Article 12-10;
2.When such person or staff member has not prepared any books nor has entered no records in book or has made false records in the book in violation of the provisions of Paragraph 1 of Article 12-18 (including the case where these provisions apply as provided in Paragraph 2 of Article 12-21), or has not kept any books in violation of the provisions of Paragraph 2 of Article 12-18 (including the case where these provisions apply as provided in Paragraph 2 of Article 12-21);
3.When such person or staff member has failed to report in accordance with the provisions of Article 12-22 or has submitted a false report;
4.When such person or staff member has failed to report in accordance with the provisions of Paragraph 3 of Article 25 or has submitted a false report, or has refused, obstruct or evade the inspection in accordance with the same paragraph.

Article 30.
In the event that a representative of a juridical person or proxy, servant or other employee of a juridical person or person has committed a violation as provided in Article 28 or 29 in connection with the affairs of such juridical person or person, not only such representative or proxy, servant or other employee but also such juridical person or person shall be subjected to an applicable punishment as provided in this Article.

Article 31.
Any person who has failed to report in accordance with the provisions of Paragraph 2 of Article 7 or Paragraph 3 of Article 12-3 or has submitted a false report shall be punished by a fine not exceeding two hundred thousand (200,000) yen.


Supplementary Provisions
(Omitted)


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