Law concerning the Rational Use of Energy

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 V. Miscellaneous Provisions
Chapter VI. Penal Regulations

Chapter I. General Provisions

(Objective)
Article 1.

This law purposes to contribute to the sound development of the national economy through implementing necessary measures for the rational use of energy in factories, buildings, and machinery and equipment, and other necessary measures to promote comprehensively the rational use of energy in order to ensure the effective use of fuel resources that would 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 that is obtained by converting the power obtained by converting the heat produced by such fuel, and that 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 Economy, Trade and Industry (hereinafter referred to as "METI Ordinance"), or inflammable natural gas, coal, coke or other coal products as designated by the METI Ordinance.

Chapter I-2. Fundamental Policies, etc.

(Fundamental Policies)
Article 3.

	The Minister of Economy, 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 a business premise (hereinafter referred to simply as "Factory"), a building, and machinery and equipment.
2.	The Fundamental Policies shall, in order to rationalize the use of energy, define fundamental matters concerning measures to be implemented by energy users, fundamental matters concerning policies to promote 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 level for the rational use of energy or other circumstances.
3.	The Minister's Fundamental Policies shall be approved by a cabinet meeting
4.	Before the Minister determines the Fundamental Policies, the Minister shall have a consultation with the Minister of Land, Infrastructure and Transport as to the part of the Fundamental Policies regarding the construction, and maintenance and security of buildings, and the part regarding the performance of motor vehicles in relation to energy consumption.
5.	The Minister shall, when necessary in accordance with changes in the circumstances described in Paragraph 2, revise the Fundamental Policies.
6.	The provisions of Paragraph 1 through Paragraph 4 apply to the amendment of the Fundamental Policies according to the provisions of the preceding paragraph.

(Efforts to be made by energy users)
Article 3-2.

Energy users shall make efforts to rationalize their energy use in compliance with the provisions of the Fundamental Policies.

Chapter II. Measures for Factories, etc.

Section 1. Measures for Factories

(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. Rationalization of fuel combustion. Rationalization of heating, cooling and heat transfer. Prevention of heat loss by radiation, conduction, etc. Recovery of waste heat. Rationalization of heat conversion into power, etc. Prevention of electricity loss by resistance, etc. Rationalization of conversion of electricity into power, heat, etc.

2.

The matters to be used as the standards for judgment as provided in the preceding paragraph shall reflect the consideration of a long-term outlook for energy supply and demand, and technical level for the rational use of energy, and other circumstances, and shall be revised when necessary in accordance with changes 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 a Factory whose consumption of fuel and heat produced by such fuel (hereinafter referred to as "Fuel, etc.") per year (a period from April 1 to March 31 of the following year; hereinafter the same) totals more than the amount stipulated by a government ordinance as one in a special need of promoting the rational use of Fuel, etc., and a Factory whose electricity consumption per year totals more than the amount stipulated by a government ordinance as one in a special need of promoting the rational use of electricity.
2.	The Enterprise who establishes a Factory shall, in the event that the consumption of Fuel, etc. or electricity at such Factory in the preceding year is more than the amount determined by the government ordinance of the preceding paragraph, report to the Minister the matters determined by a METI Ordinance concerning the conditions of use of Fuel, etc. or electricity at such Factory in accordance with the provisions of a METI Ordinance. However, the above is not applicable to the Factory designated as one in a special need of promoting the rational use of Fuel, etc. in accordance with the provisions of such paragraph (hereinafter referred to as "Type 1 Designated Heat Management Factory"), or to the Factory designated as one in a special need of promoting the rational use of electricity in accordance with such provisions (hereinafter referred to as "Type 1 Designated Electricity Management Factory").
3.	The Enterprise (hereinafter referred to Type 1 Specified Enterprise) who establishes a Type 1 Designated Heat Management Factory, or a 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 a METI Ordinance, in the event that either situation given below arise: Such Factory ceases its operation. Such Factory loses its potential to reach or exceed the amount of consumption of Fuel, etc., or electricity per year determined by a government ordinance as provided in Paragraph 1.
4.	If an application is filed as provided in the preceding paragraph and if the Minister finds justifications for such application, 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 either situation described in the Item 1 and 2 of such paragraph arises with respect to such Factory if no such application is filed.
5.	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 paragraph, the Minister shall notify such decision to the minister(s) presiding over the undertakings of such Factory.

(Energy Manager)
Article 7.

The Type 1 Specified Enterprise shall, in accordance with the stipulations of a METI Ordinance, appoint an energy manager for each of their 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. However, this is not applicable to the Type 1 Specified Enterprise who applies to the followings (hereinafter referred to "Type 1 Designated Enterprise"): One who establishes a Type 1 Designated Energy Management Factory being used for the undertakings of the manufacturing industry or other industries stipulated by a government ordinance, and for offices or other similar purposes exclusively, and who establishes a substance stipulated by a government ordinance. One who establishes a Type 1 Designated Energy Management Factory used for the undertakings of industries not specified in the Item 1 of this Paragraph.

2.

When the Type1 Specified Enterprise appoints an energy manager, it shall report such appointment to the Minister in accordance with the stipulations of a METI Ordinance. This applies to a case where the energy manager dies or is dismissed.

(Licensing of Energy Manager)
Article 8.

Energy manager license shall be categorized heat manager and electricity manager, and the Minister will issue these licenses to the individuals who fall under one of the following items: One who has passed the examination for energy manager; One who has been recognized by the Minister as having the knowledge and experience equal to or exceeding those of the individuals described in the preceding item.

2.

The procedures for granting an energy manager license shall be determined by a METI Ordinance.

(Examination for Energy Manager)
Article 8-2.

	The examination for energy manager shall be carried out by the Minister respectively for the both types of licenses.
2.	The Minister may designate an organization (hereinafter referred to as "Designated Examination Body") to carry out the affairs concerning the examination for energy manager (hereinafter referred to as "Examination Affairs").
3.	The subjects of the examination for energy manager, the procedures for taking such examination, and any other details relevant to such examination shall be stipulated by a METI 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 consuming Fuel, etc, improving and monitoring the method of using Fuel, etc., and conducting all other work as provided by a METI Ordinance for the rational use of Fuel, etc., or shall, at a Type 1 Designated Electricity Management Factory, be responsible for maintaining the facilities consuming electricity, improving and monitoring the method of using electricity, and conducting all other work as provided by a METI Ordinance for the rational use of electricity.

(Obligations of Energy Manager, etc.)
Article 10.

	The energy manager shall faithfully carry out their duties.
2.	The Type 1 Specified Enterprise (excluding the Type 1 Designated Enterprise) shall respect opinions of the energy manager about the performance of his/her duties concerning the rational use of energy.
3.	The employee in the Type 1 Designated Energy Management Factory (excluding one which is established by the Type 1 Designated Enterprise) shall follow any instruction given by the energy manager as necessary one in order to exercise his/her duties.

(Energy Officer)
Article 10-2.

	The Type 1 Designated Enterprise shall, in accordance with the stipulations of a METI Ordinance, appoint an energy officer for each of their Type 1 Designated Energy Management Factory from among those who fulfil the following conditions; One who has completed the training courses regarding the knowledge and skills of the rational use of energy conducted by the Minister or an organization designated by the Minister (hereinafter referred to "Designated Training Body"), in accordance with the stipulation of a METI Ordinance, and One who has received an energy management license.
2.	The Type 1 Designated Enterprise shall subject the energy officer who has been appointed from among those described in the preceding paragraph, to take a training course conducted by the Minister or a Designated Training Body pursuant to a METI Ordinance in every term stipulated by a METI Ordinance, in order to upgrade their qualification.
3.	When the Type 1 Designated Enterprise appoints an energy officer, it shall report such appointment to the Minister in accordance with the stipulations of a METI Ordinance. This applies to a case where the energy officer dies or is dismissed.
4.	The provisions stipulated in the following Articles apply to each actor: Article 9 and Paragraph 1 of the preceding article for energy officer, Paragraph 2 of the preceding article for the Type 1 Designated Enterprise, and Paragraph 3 of the preceding article for employees in the Type 1 Designated Energy Management Factory established by the Type 1 Designated Enterprise. In this context, "energy manager" described in Paragraph 2 and 3 of Article 10 shall read "energy officer".

(Formulation of Medium-to-Long Term Plan)
Article 10-3.

	The Type 1 Specified Enterprise shall every year, in accordance with the stipulations of a METI 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 the Type 1 Designated Energy Management Factory, and shall submit such a plan to the competent minister.
2.	The Type 1 Designated Enterprise who has appointed an energy officer qualified Item 1 of the preceding paragraph in accordance with Paragraph 1 of the preceding article shall, in accordance with the stipulation of a METI Ordinance, include a participation from a person holding an energy management license when such Type 1 Designated Enterprise formulates the medium-to-long term plan pursuant to the stipulation in the preceding paragraph.
3.	The competent minister may set a necessary guideline for the Type 1 Specified Enterprise to formulate the plan as provided in Paragraph 1 properly.
4.	The competent minister shall, if it sets guideline as provided in the preceding paragraph, make such guideline public.

(Periodical Report)
Article 11.

The Type 1 Specified Enterprise shall every year, in accordance with the stipulations of a METI Ordinance, report to the Minister the matters determined by a METI Ordinance concerning the consumption of Fuel, etc. and other consuming conditions of Fuel, etc. (including the matters relating to the efficient use of Fuel, etc.), and the conditions regarding the installation, and reform and abolition of the facilities consuming Fuel, etc. and of the facilities rationally using Fuels, etc. in the Type 1 Designated Heat Management Factory, and concerning the consumption and other consuming conditions of electricity (including the matters relating to the efficient electricity use), and the conditions regarding the installation, and reform and abolition of the facilities consuming electricity and of the facilities rationally using electricity in the Type 1 Designated Electricity Management Factory.

(Instructions and Orders concerning Rationalization Plan)
Article 12.

	The competent minister may, if it 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 Specified 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.
2.	The competent minister may, if it finds the submitted Rationalization Plan to be inadequate for realizing the rational use of energy satisfactorily at the Type 1 Designated Energy Management Factory concerned, instruct such Type 1 Specified Enterprise to revise such Rationalization Plan.
3.	The competent minister may, if it finds that the Type 1 Specified Enterprise has not implemented the Rationalization Plan, instruct such Type 1 Specified Enterprise to implement such Rationalization Plan properly.
4.	The competent minister may, if the Type 1 Specified Enterprise has failed to follow the instruction as provided in the preceding three paragraphs, make public the fact of such failure.
5.	The competent minister may, if the Type 1 Specified 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 Specified Enterprise to take such measures after consulting with those determined by a government ordinance at a council, etc. (which refers to organizations stipulated in Article 8 of National Government Organization Law; Law No. 120 of 1948, hereinafter the same).

(Designation of Type 2 Designated Energy Management Factory)
Article 12-2.

	The Minister may respectively designate a Factory other than the Type 1 Designated Heat Management Factory whose consumption of Fuel, etc. per year totals more than the amount determined by a government ordinance as one in a special need of promoting the rational use of Fuel, etc. in a manner similar to the case of the Type 1 Designated Heat Management Factory, and a Factory other than the Type 1 Designated Electricity Management Factory whose consumption of electricity per year totals more than the amount determined by a government ordinance as one in a special need of promoting the rational use of electricity in a manner similar to the case of the Type 1 Designated Electricity Management Factory.
2.	The Enterprise which establishes a Factory shall, in the event that the consumption of Fuel, etc. or electricity at such Factory in the preceding year totals more than the amount determined by a government ordinance as provided in the preceding paragraph, report to the Minister the matters determined by a METI Ordinance concerning the condition of use of Fuel, etc. or electricity at such Factory in accordance with the provisions of a METI Ordinance. However, the above is not applicable to the Type 1 Designated Energy Management Factory, the Factory 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 Factory designated as one in a special need of promoting the 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 Factory designated as one in a special need of promoting the 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").
3.	The Enterprise (hereinafter referred to as "Type 2 Specified 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 a METI Ordinance, in the event that any one of the following situations arises with respect to such Factory: Such factory ceases its operation. Such factory loses the potential to reach or exceed the amount of the consumption per year of Fuel, etc. or electricity determined by a government ordinance as provided in Paragraph 1.
4.	If an application is filed as provided in the preceding paragraph and if the Minister finds justifications for such application, 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 either situation described in the items of such paragraph arises with respect to such Factory even if no such application is filed.
5.	The Minister shall, in the event that the consumption of Fuel, etc. per year at a Type 2 Designated Heat Management Factory reaches or exceeds the amount determined by a government ordinance as provided in Paragraph 1 of Article 6, or in the event that the consumption of electricity per year reaches or exceeds the amount determined by a government ordinance as provided in such paragraph and if the Minister designates such Factory respectively as one in a special need of promoting the rational use of Fuel, etc. or one in a special need of promoting the rational use of electricity, in accordance with the provisions of such paragraph, cancel the designation of such Factory in accordance with Paragraph 1.
6.	The 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 undertakings of such Factory of such designation or cancellation.

(Application Stipulation)
Article 12-3.

The provisions stipulated in the following articles apply to each actor: the provisions of Paragraph 2 of Article 10, Paragraph 1 to 3 of Article 10-2, and Article 11 for the Type 2 Specified Enterprise, and the provisions of Paragraph 3 of Article 10 for employees in the Type 2 Designated Energy Management Factory. In this context, 'energy manager' referred in Paragraph 2 and 3 of the same article shall read 'energy officer'.

2.

The provisions of Article 9 and Paragraph 1 of Article 10 shall apply to the energy officer who has been appointed pursuant to the provisions of Paragraph 1 of Article 10-2 that apply the provisions of the preceding paragraph.

Article 12-4. (Deleted)

(Recommendation)
Article 12-5.

The competent minister may, if it 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 Type 2 Specified 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

(Designation)
Article 12-6.

	The designation described in Paragraph 2 of Article 8-2 shall be made by an application of a person or an organization desiring to handle Examination Affairs, in accordance with the stipulation of a METI Ordinance.
2.	The Minister shall not be directly involved in Examination Affairs after the Minister has made a designation under 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: The person or organization that has had his/her/its designation canceled in accordance with the provisions of Paragraph 2 of Article 12-17 within the last two (2) years. The organization which has any officers conducting such affairs that comes under one of the following items: Any person who has been 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 has been excused from such punishment. Any person who has been 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 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 following items: 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; The accounting system and technical capability shall be sufficient to implement properly the plan for conducting Examination Affairs described in the preceding item; The applicant shall be a juridical person incorporated in accordance with the provisions of Article 34 of the Civil Code (Law No. 89, 1896); 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.
2.	The matters to be prescribed in the Examination Affairs Regulations shall be defined by a METI Ordinance.
3.	The 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.

2.

The 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.
3.	The Designated Examination Body shall elect the Examination Commissioner from among those with the qualifications stipulated by a METI Ordinance.
4.	When it has elected its Examination Commissioner, the Designated Examination Body shall report such election to the Minister in accordance with the stipulations of a METI Ordinance. It shall also report to the Minister when any change occurs in the status of the Examination Commissioner.
5.	The 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 has been such officer or staff shall not disclose any secret information known to him or her with regard to Examination Affairs.
2.	Any 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.
2.	In 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.

2.

The 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 provisions 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 has 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 a METI Ordinance.
2.	The book referred to in the preceding paragraph shall be kept in accordance with the stipulations of a METI 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.

2.

The METI 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 about the fact concerning the following cases: When the Minister grants a designation in accordance with Paragraph 2 of Article 8-2; When the Minister grants a permission described in Article 12-10; 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; 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 Body

(Designation)
Article 12-21.

The designation described in Item 1 of Paragraph 1 of Article 10-2 shall (the case applicable to Paragraph 1 of Article 12-3 is included. It is the same for the next paragraph, Paragraph 1 of Article 12-23 and Paragraph 1 of Article 25-2) be made by the application of a person or organization desiring to handle training course provided in such item and Paragraph 2 of such Article (the case applicable to Paragraph 1 of Article 12-3 is included. It is the same for Paragraph 1 of Article 25-2) (hereinafter referred to as "Training Course" in this section and in Article 27-3), in accordance with the stipulation by a METI Ordinance.

2.

The 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 10-2, 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 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 following items: " 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 following items: " "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 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 stipulated by a METI Ordinance.

(Public Notice)
Article 12-23.

The Minister shall make public notice through the official gazette the fact concerning the following cases: When the Minister grants a designation in accordance with Item 1 of Paragraph 1 of Article 10-2; 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; When the Minister receives a report in accordance with the provisions of the preceding article.

Chapter III. Measures for Buildings

(Efforts to be made 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: Measures to prevent the heat loss through the outer walls, windows, etc. of such building; 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 Land, Infrastructure and Transport 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.
2.	The 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.

An administration office in charge (This implies a chief of a municipality or a special ward if they have a district surveyor, and a prefectural governor for the other municipality or special ward. However, it shall be a prefectural governor who is in charge of buildings stipulated by a government ordinance belonging to the municipality which has a district surveyor pursuant to the provisions of Paragraph 1 of Article 97-2 and Paragraph 1 of Article 97-3 in the Fundamental Construction Law (No. 201 of Law, 1950), or belonging to the special ward which has a district surveyors. Hereinafter the same) may, if the administration office in charge find it necessary to ensure the proper implementation of measures described in each item of Article 13 with regard to buildings (excluding residences; hereinafter the same in this Paragraph and Paragraph 1 of the next article), give guidance and advice to the Owner regarding the matters relevant to the design and construction of such buildings in consideration of the matters to be used as standards for judgement as provided in Paragraph 1 of the preceding Article..

2.

The Minister of Land, Infrastructure and Transport shall, if the Minister of Land, Infrastructure and Transport finds it necessary to ensure the proper implementation of the measures as described in each item of Article 13 with regard to residences, determine and make public guidelines for the design and construction of residences to prevent the heat loss through the outer walls, windows, etc. of residents and to achieve the efficient use of energy relating to Air Conditioning Equipment, etc. installed in residences, in conformity with the matters to be used as standards for judgement as provided in Paragraph 1 of the preceding Article.

(Reporting, Instruction, etc. on Designated Building)
Article 15-2.

	Any person (hereinafter referred to as "Designated Owner") who plans to build a building that comes under the requirements of scale as provided by a governmental ordinance (hereinafter referred to as "Designated Building") shall, in accordance with an ordinance of the Minister of Land, Infrastructure and Transport, report to the administration office in charge in regard to measures for the prevention of heat loss through the outer walls, windows, etc. of such Designated Building and the rational use of energy for Air Conditioner Equipment etc. installed in such Designated Building among the matters on the design and construction of such Designated Buildings. The same shall be applied when any changes might occur.
2.	The administration office in charge may, when it has received the report in accordance with the preceding paragraph and if it finds that the items of such report are greatly insufficient in consideration with the matters to be used as standards for judgement stipulated in Paragraph 1 of Article 14, give an instruction to such reporter to revise such items, by indicating the basis for such finding.
3.	The administration office in charge may, if a 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

(Efforts to be made by Manufacturer, etc.)
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 Land, Infrastructure and 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.

2.

The 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, of future prospects for the technical development of such Designated Machinery and of 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. regarding the improvement of such performance of such Designated Machinery manufactured or imported by such Manufacturer, etc..
2.	The Minister may, if the Manufacturer, etc. fails to follow the recommendations made as provided in the preceding paragraph, make public such failure.
3.	The Minister may, in the event that the Manufacturer, etc. that has received the recommendations as provided in Paragraph 1 fails to take measures relating to such recommendations without good reason, and 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 with those determined by a government ordinance at a council, etc.

(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): Matters to be labeled by a Manufacturer, etc. with respect to the energy consumption efficiency of Designated Machinery [the value calculated in accordance with the provisions of a METI Ordinance (in the case of motor vehicles, a METI Ordinance and an ordinance of the Ministry of Land, Infrastructure and Transport) as the performance of Designated Machinery in relation to energy consumption; hereinafter the same]; Matters to be observed by a Manufacturer, etc. in terms of the method of product labeling or other aspects regarding the labeling of energy consumption efficiency.

(Recommendation and Order 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.
2.	The 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.
3.	The Minister may, if it 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 consulting with those determined by a government ordinance at a council, etc.

Chapter V. Miscellaneous Provisions

(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 the dissemination of the results from such research and development.

(Measures to Increase Public Awareness, etc.)
Article 24.

The state shall, through educational, publicity, and other activities, endeavor to increase the public awareness for the rational use of energy and to secure public cooperation in performing such activities.

(Consideration to be made by Local Authorities 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 Enterprise to submit a report concerning the operating conditions at its Factory, in accordance with the stipulations of a government ordinance.
2.	The competent minister may, to the extent necessary for enforcing the provisions of Article 12 and Article 12-5, request the Type 1 Specified Enterprise or Type 2 Specified 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.
3.	The 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.
4.	The administration office in charge 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.
5.	The Minister may, to the 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.
6.	Any 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.
7.	The 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.

2.

The fee provided in the preceding paragraph shall be treated as the revenue of a 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.

(Special Cases for Hearings)
Article 25-3.

	The Minister shall, when it 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, or 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 a result of such enactment, or revision or repeal.

(Competent Minister)
Article 27.

	The competent ministers in this law shall be the Ministry of Economy, Trade and Industry, and any other minister having jurisdiction over the operation of the Factory concerned.
2.	The authorization as provided in this law may be delegated to the senior official of a regional bureau / office / department in accordance with the stipulations of a government ordinance.

Chapter VI. Penal Regulations

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 either item given as follows shall be punished by a fine not exceeding one million (1,000,000) yen; Any person who has violated the provisions of Paragraph 1 of Article 7, or Paragraph 1 of Article 10-2 (including the case that Paragraph 1 of Article 12-3 is applied); 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 any of the following items shall be punished by a fine not exceeding three hundred thousand (300,000) yen: Any person who has failed to report in accordance with the provisions of Paragraph 2 of Article 6, Paragraph 2 of Article 12-2, or Paragraph 1 of Article 15-2, or who has submitted a false report; Any person who has failed to report in accordance with the provisions of Paragraph 1 of Article 10-3, or who has violated the provisions of Paragraph 2 of the same article; Any person who has failed to report in accordance with the provisions of Article 11 (including the case that Paragraph 1 of Article 12-3 is applied) or 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. Any person who has completed the report as provided in Paragraph 2 of Article 6, a Type 1 Specified Enterprise, or any person who has completed the report in accordance with the provisions of Paragraph 2 of Article 12-2, and any person who is a Type 2 Specified Enterprise and has failed to report in accordance with the provisions of Paragraph 1 of Article 25 or has made 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: When such person or staff has discontinued all of Examination Affairs without permission as provided in Article 12-10; 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); 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; 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, obstructed or evaded 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 a 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 10-2 (including the case where Paragraph 1 of Article 12-3 is applied), or who has submitted a false report shall be punished by a fine not exceeding two hundred thousand (200,000) yen.

Supplementary Provisions

(Omitted)