Enforcement Ordinance
for
the Law Concerning Rational Use of Energy
(Translated by ECCJ)
| Government Ordinance No. 267 of September 29, 1979 |
Partial Amendment, March 25, 1981
Partial Amendment, February 21, 1984
Partial Amendment, March 20, 1987
Partial Amendment, March 22, 1989
Partial Amendment, March 25, 1991
Partial Amendment, July 9, 1993 | |
Partial Amendment, March 24, 1994
Partial Amendment, April 18, 1994
Partial Amendment, September 7, 1994
Partial Amendment, March 6, 1996
Partia lAmendment, March 24, 1997
Partial Amendment, August 28, 1998 |
Contents
(Definition)
Article 1.
Electricity to be specified by a government ordinance pursuant to Article 2, Paragraph 1, of the Law Concerning Rational Use of Energy (hereinafter referred to as the "Law") means electricity which is produced by power generating facilities that produce such electricity as is used in place of electricity obtained by converting power gained through the conversion of heat using fuel as a heat source and which meets either one of the following requirements:
| (1) | A person who has produced electricity will use such electricity for himself; or | | (2) | A person who has received a supply of electricity from a person who supplies such electricity will use such electricity. |
(Types of Business)
Article 1-2.
Types of business to be specified by a government ordinance pursuant to Article 6, Paragraph 1, of the Law shall be as prescribed below:
(1) Manufacturing (including article
processing and repairing business);
(2) Mining;
(3) Electricity supply;
(4) Gas supply; and
(5) Heat supply.
(Consumption of Fuels, Etc. and Electricity Relating to Designation of Type 1 Designated Energy Management Factory)
Article 2.
A numerical value to be specified by a government ordinance with regard to the annual consumption of fuels and heat produced using these fuels as heat sources (hereinafter referred to as "fuels, etc.") pursuant to Article 6, Paragraph 1, of the Law shall be 3,000 kiloliters in terms of the consumption of fuels, etc. as converted into the quantity of crude oil by such a method as is specified in the Ordinance of the Ministry of International Trade and Industry (hereinafter referred to as the "consumption of fuels, etc. in oil equivalent").
2. A numerical value to be specified by a
government ordinance with regard to the annual consumption of
electricity pursuant to Article 6, Paragraph 1, of the Law shall
be 12,000,000 kilowatt-hours.
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(Energy Manager
Appointment Criteria)
Article 3.
The criteria to be specified by a government ordinance
pursuant to Article 7, Paragraph 1, of the Law shall be as
prescribed below.
(1) Those type 1 designated heat management
factories which fall under the coke manufacturing, electric
power supply, gas supply or heat supply business sector shall
appoint energy managers in the number stated in the right
column of the table below from among those who have heat
manager's licenses according to the appropriate consumption
of fuels, etc. in oil equivalent for the previous fiscal year
stated in the left column of the table below.
| Less than 100,000
kiloliters |
One (1) |
| Over 100,000 kiloliters |
Two (2) |
(2) Those type 1 designated heat management
factories other than those specified under the preceding item
shall appoint energy managers in the number stated in the
right column of the table below from among those who have
heat manager's licenses according to the appropriate
consumption of fuels, etc. in oil equivalent for the previous
fiscal year stated in the left column of the table below.
| Less than
20,000 kiloliters |
one (1) |
| Over 20,000
kiloliters to less than 50,000 kiloliters |
Two (2) |
| Over 50,000
kiloliters to less than 100,000 kiloliters |
Three (3) |
| Over 100,000
kiloliters |
Four (4) |
(3) Those type 1 designated electricity
management factories shall appoint energy managers in the
number stated in the right column of the table below from
among those who have electricity manager's licenses according
to the appropriate electricity consumption for the previous
fiscal year stated in the left column of the table below.
| Less than
200,000,000 kilowatt-hours |
One (1) |
| Over
200,000,000 kilowatt-hours to less than 500,000,000
kilowatt-hours |
Two (2) |
| Over
500,000,000 kilowatt-hours |
Three (3) |
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(Deliberative
Councils to Take Counsel in Issuing Order to Type 1 Specified
Business Operators)
Article 4.
Deliberative councils to be specified by a government
ordinance pursuant to Article 12, Paragraph 5, of the Law shall
be those stated in the right column of the table below to
correspond to the ministers stated in the left column of the
table.
| Minister of
International Trade and Industry |
Advisory
Committee for Energy |
| Minister of
Finance |
Tobacco
Industries Council in the case of factories which are
used for businesses belonging to the tobacco or salt
manufacturing industry
Central Council on Alcoholic Beverages in the case of
factories which are used for business belonging to
alcoholic beverage manufacturing industry |
| Minister of
Health and Welfare |
Central
Pharmaceutical Affairs Council |
| Minister of
Agriculture, Forestry and Fisheries |
Food and
Marketing Council |
| Minister of
Transport |
Council for
Transport Technology |
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(Consumption of
Fuels, Etc. and Electricity Relating to Designation of Type 2
Designated Energy Management Factory)
Article 4-2.
A numerical value to be specified by a government ordinance
with regard to the annual consumption of fuels, etc. pursuant to
Article 12-2, Paragraph 1, of the Law shall be 1,500 kiloliters
in terms of the consumption of fuels, etc. in oil equivalent.
2. A numerical value to be specified by a
government ordinance with regard to the annual consumption of
electricity pursuant to Article 12-2, Paragraph 1, of the Law
shall be 6,000,000 kilowatt-hours.
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(Air Conditioners, Etc.)
Article 5.
Building facilities to be specified by a government ordinance
(hereinafter referred to as "air conditioners, etc.")
pursuant to Article 13, Paragraph 2, of the Law shall be as
prescribed below:
(1) Air conditioners and other machines and
ventilation systems;
(2) Lighting fixtures;
(3) Water heaters; and
(4) Elevators.
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(Scale Requirements for
Specified Buildings)
Article 6.
Requirements to be specified by a government ordinance
pursuant to Article 15-2, Paragraph 1, of the Law shall be such
that the total floor space (in the case of an extension, addition
or reconstruction, the floor space of such extension, addition or
reconstructed portion) is more than 2,000 square meters.
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(Specified
Equipment)
Article 7.
Machines and appliances to be specified by a government
ordinance pursuant to Article 18, Paragraph 1, of the Law shall
be as prescribed below:
(1) Passenger cars {including only those
cars which use gasoline as fuel, have a seating capacity of
10 persons or less and whose types are designated pursuant to
Article 75, Paragraph 1, of the Vehicles for Road
Transportation Law (Law No. 185 of 1951) and excluding those
two-wheeled vehicles (including those with sidecars) and
caterpillar tractors};
(2) Air conditioners (including only those air conditioners
which can be used for heating purposes and excluding those
air conditioners which have a cooling capacity of 27
kilowatts or more, water-cooled air conditioners and other
types of air conditioners which are specified in the
Ordinance of the Ministry of International Trade and
Industry);
(3) Lighting fixtures which use only fluorescent lamps as
their main light source (excluding the explosion-proof type
lighting fixtures and those other pieces of lighting
apparatus which are specified in the Ordinance of the
Ministry of International Trade and Industry);
(4) Television sets (including only those television sets
which are provided with Braun tubes and used in an
alternating-current electrical line and excluding those
television sets for industrial use);
(5) Copying machines (including only dry indirect
electrostatic type copying machines and excluding color
copying machines and other copying machines which are
specified in the Ordinance of the Ministry of International
Trade and Industry);
(6) Electronic computers (excluding those computers which are
specified as those having advanced processing capability in
the Ordinance of the Ministry of International Trade and
Industry);
(7) Magnetic disk memory devices (excluding those magnetic
disk memory devices with a storage capacity of 200 megabytes
or less);
(8) Automobile trucks {including only those trucks which use
gasoline as fuel, whose total vehicle weight is 2.5 tons or
less as specified in Article 40, Paragraph 3, of the Vehicles
for Road Transportation Law, and whose types are designated
pursuant to Article 75, Paragraph 1, of the same law, and
excluding those two-wheeled vehicles (including those with
sidecars) and caterpillar tractors}; and
(9) Videotape recorders (including only those videotape
recorders which are used in an alternating-current electrical
line, and excluding videotape recorders for industrial use
and those videotape recorders which are specified in the
Ordinance of the Ministry of International Trade and
Industry).
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(Production or
Import Volume Requirements Pertaining to Manufacturers, Etc. of
Specified Equipment)
Article 8.
Requirements to be specified by a government ordinance
pursuant to Article 19, Paragraph 1, of the Law shall be such
that the annual production or import volume (including imports
relating to shipments for the domestic market) is greater than
the quantity stated in the right column of the table below
according to the classification of specified equipment stated in
the left column of the table.
| (1) |
Passenger
cars |
2,000 |
| (2) |
Air
conditioners |
500 |
| (3) |
Lighting
fixtures which use only fluorescent lamps as their main
light source |
30,000 |
| (4) |
Television
sets |
10,000 |
| (5) |
Copying
machines |
500 |
| (6) |
Electronic
computers |
200 |
| (7) |
Magnetic disk
memory devices |
5,000 |
| (8) |
Automobile
trucks |
2,000 |
| (9) |
Videotape
recorders |
5,000 |
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(Deliberative
Councils to Take Counsel in Issuing Order to Manufacturers, Etc.
of Specified Equipment)
Article 9.
Deliberative councils to be specified by a government
ordinance pursuant to Article 19, Paragraph 3, and Article 21,
Paragraph 3, of the Law shall be the Advisory Committee for
Energy in the case of the Minister of International Trade and
Industry, and the Council for Transport Technology in the case of
the Minister of Transport.
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(Reporting on
Operational Conditions)
Article 10.
The Minister of International Trade and Industry may, in
accordance with the provisions of Article 25, Paragraph 1, of the
Law, cause a person who carries on any of the businesses falling
under the types of business specified in Article 1-2 or an
operator of any such business to report on the following
particulars as to a factory in operation:
(1) Production volume and productive
capacity pertaining to the business;
(2) Energy consumption and anticipated energy consumption;
and
(3) Conditions of energy consuming equipment.
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(Reporting and
On-the-Spot Inspection)
Article 11.
The competent Minister may, in accordance with the provisions
of Article 25, Paragraph 2, of the Law, cause a type 1 specified
business operator or a type 2 specified business operator to
report on the following particulars as to a type 1 designated
energy management factory or a type 2 designated energy
management factory in operation:
(1) Energy consumption and other energy use
information;
(2) Conditions of energy consuming equipment; and
(3) Conditions of equipment pertaining to rationalization of
energy uses and other matters concerning rationalization of
energy uses.
2. The competent Minister may, in accordance
with the provisions of Article 25, Paragraph 2, of the Law, cause
the personnel to enter a type 1 designated energy management
factory or a type 2 designated energy management factory and make
an inspection of energy consuming equipment, equipment pertaining
to rationalization of energy uses and equipment related thereto,
fuels, etc. in use, account books and other related documents.
Article 12.
The Minister of Construction may, in accordance with the
provisions of Article 25, Paragraph 4, of the Law, cause a
specified owner, with regard to a specified building which he
intends to construct, to report on the following particulars
among those matters concerning the design and construction of
such specified building:
(1) Particulars concerning measures to
prevent heat loss through external walls, windows, etc. of
the specified building; and
(2) Particulars concerning measures to achieve an efficient
use of energy concerning air conditioners, etc. to be
installed in the specified building.
2. The Minister of Construction may, in
accordance with the provisions of Article 25, Paragraph 4, of the
Law, cause the personnel to enter a specified building or the
construction site of a specified building and make an inspection
of the external walls, windows, etc. of such specified building,
air conditioners, etc. to be installed in such specified
building, construction materials to be used therefor, design
drawings, and other related documents.
Article 13.
The Minister of International Trade and Industry (the
Minister of International Trade and Industry and the Minister of
Transport in the case of cars; to be so understood in this
article) may, in accordance with the provisions of Article 25,
Paragraph 5, of the Law, cause persons who carry on the business
of manufacturing or importing specified equipment (hereinafter
referred to "manufacturing business operators") to
report on the following particulars as to specified equipment for
manufacturing or importing:
(1) Production or import volume and
shipments for the domestic market;
(2) Energy consumption efficiency and particulars pertaining
to improvement thereof; and
(3) Labeling of energy consumption efficiency.
2. The Minister of International Trade and
Industry may, in accordance with the provisions of Article 25,
Paragraph 5, of the Law, cause the personnel to enter the
offices, factories or warehouses of the specified equipment
manufacturing business operators and make an inspection of such
specified equipment for manufacturing or importing, equipment for
the manufacture of such specified equipment, equipment for
measuring the energy consumption efficiency of such specified
equipment, and related account books and documents.
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(Fees)
Article 14.
The amount of fees to be paid in accordance with the
provisions of Article 25-2, Paragraph 1, of the Law shall be as
prescribed in the table below.
| Persons
obligated to pay |
Amount
|
| (1) |
Persons who
intend to take an examination for an energy manager's
license |
19,200yen
|
| (2) |
Persons who
intend to obtain certification pursuant to the provisions
of Article 8, Paragraph 1, Item (2), of the Law |
4,900yen
|
| (3) |
Persons who
have passed an examination for an energy manager's
license given by the designated examination institution
and hence intends to obtain the issuance of an energy
manager's license |
3,700yen
|
| (4) |
Persons who
intends to obtain a reissue of an energy manager's
license |
2,600yen
|
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(Delegation of
Powers)
Article 15.
The powers of the Minister of International Trade and
Industry pursuant to the provisions of Article 6, Paragraphs 1 to
4, Article 7, Paragraph 2, Article 10-2, Paragraph 1, Article 11,
Article 12-2, Paragraphs 1 - 5, Article 12-3, Paragraph 3, and
Article 25, Paragraph 1, of the Law may be delegated to the
Director-General of the Regional Bureau of International Trade
and Industry which has jurisdiction over the district where
factories are located, and the powers of the Minister of
Transport pursuant to the provisions of Article 10-2, Paragraph
1, and Article 11, of the Law may be delegated to the
Director-General of the District Transport Bureau (including the
Manager of the District Maritime Administration Department) which
has jurisdiction over the district where factories are located.
Excerpt from Supplementary Provisions
(Government Ordinance No. 267 of September 29, 1979)
1. This Government Ordinance shall come into force on the
enforcement date of the Law (October 1, 1979).
2. The following Government Ordinances shall be abrogated:
(1) Enforcement Ordinance for the Heat Management Law (Government
Ordinance No. 298 of 1951); and
(2) Ordinance on Fees for an Energy Manager's License
Excerpt from Supplementary Provisions
(Government Ordinance No. 38 of March 25, 1981)
This Government Ordinance shall come into force on April 1,
1981.
(Omitted)
Supplementary Provisions (Government
Ordinance No. 17 of February 21, 1984)
1. This Government Ordinance shall come into force on the
promulgation date.
2. The application of the penal clauses to any act performed
before the enforcement of this Government Ordinance shall still
be treated in compliance with the previous practice.
Supplementary Provisions (Government
Ordinance No. 19 of February 21, 1984)
This Government Ordinance shall come into force on March 9,
1984.
Excerpt from Supplementary Provisions
(Government Ordinance No. 49 of March 20, 1987)
1. This Government Ordinance shall come into force on April
1, 1987.
Excerpt from Supplementary Provisions
(Government Ordinance No. 59 of March 22, 1989)
1. This Government Ordinance shall come into force on April
1, 1989.
Excerpt from Supplementary Provisions
(Government Ordinance No. 49 of March 25, 1991)
1. This Government Ordinance shall come into force on April
1, 1991.
Excerpt from Supplementary Provisions
(Government Ordinance No. 248 of July 9, 1993)
(Date of Enforcement)
Article 1.
This Government Ordinance shall come into force on the
enforcement date of the Part of the Law Concerning the
Improvement of Related Laws for the Advancement of the Energy
Supply and Demand Structure (August 1, 1993).
Excerpt from Supplementary Provisions (Government Ordinance No. 77 of March 24, 1994)
1. This Government Ordinance shall come into force on April 1, 1994.
Supplementary Provisions (Government Ordinance No. 129 of April 18, 1994)
This Government Ordinance shall come into force on the promulgation date.
Supplementary Provisions (Government Ordinance No. 286 of September 7, 1994)
This Government Ordinance shall come into force on the promulgation date.
Supplementary Provisions (Government Ordinance No. 29 of March 6, 1996)
This Government Ordinance shall come into force on the promulgation date.
Excerpt from Supplementary Provisions (Government Ordinance No. 67 of March 24, 1997)
1. This Government Ordinance shall come into force on April 1, 1997.
Supplementary Provisions (Government Ordinance No. 293 of August 28, 1998)
This Government Ordinance shall come into force on the enforcement date of the Law for Partial Amendments to the Law Concerning Rational Use of Energy (April 1, 1999).
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