Committee on Technical Barriers to Trade - Notification - Japan - Chemical substances

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: JAPAN

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Ministry of Health, Labour and Welfare

Ministry of Economy, Trade and Industry

Ministry of the Environment

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): The following chemical substances

Perfluorooctanoic acid (PFOA) isomers or their salts and PFOA related compounds

The following products in which PFOA isomers or their salts are used

1. Water-resistant paper and oil-resistant paper

2. Water-repellent textiles and oil-repellent textiles

3. Cleaning agents

4. Anti-reflection agents used in the manufacture of semiconductors

5. Paints and varnish

6. Water repellent and oil repellent

7. Adhesives and sealing fillers

8. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam

9. Toners

10. Water-resistant clothes and oil- resistant clothes

11. Water-repellent floor coverings and oil-repellent floor coverings

12. Floor waxes

13. Photographic paper

The following products in which PFOA related compounds are used

1. Water-repellent textiles and oil-repellent textiles

2. Antifoaming agents

3. Water repellent, oil repellent, antifouling agent and fiber protectant

4. Optical fiber or its surface coating agents

5. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam

6. Water-resistant clothes and oil- resistant clothes

7. Water-repellent floor coverings and oil-repellent floor coverings

8. Floor waxes

5.

Title, number of pages and language(s) of the notified document: Revision of the Order for Enforcement of the Act on the Regulation of Manufacture and Evaluation of Chemical Substances.; (2 page(s), in English)

6.

Description of content: Based on Article 17 and 22 of the Act on the Regulation of Manufacture and Evaluation of Chemical Substances. (hereinafter referred to as "the Act"), the following will be designated as Class I Specified Chemical Substances which need authorization to be manufactured or imported.

PFOA isomers or their salts and PFOA related compounds

Based on Article 25 of the Act, the following will be designated as chemical substances and their uses that are allowed to be used for a certain period of time.

8:2 fluorotelomer alcohol used in the manufacture of invasive and implantable medical devices is allowed to December 3,2025

Use of perfluorooctyl iodide for the production of perfluorooctyl bromide for the purpose of producing pharmaceutical products is allowed to December 31,2036

Based on Article 24 of the Act, the following will be designated as products prohibited from being imported when PFOA isomers or their salts and PFOA related compounds are used in them.

The following products in which PFOA isomers or their salts are used

1. Water-resistant paper and oil-resistant paper

2. Water-repellent textiles and oil-repellent textiles

3. Cleaning agents

4. Anti-reflection agents used in the manufacture of semiconductors

5. Paints and varnish

6. Water repellent and oil repellent

7. Adhesives and sealing fillers

8. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam

9. Toners

10. Water-resistant clothes and oil- resistant clothes

11. Water-repellent floor coverings and oil-repellent floor coverings

12. Floor waxes

13. Photographic paper

The following products in which PFOA related compounds are used

1. Water-repellent textiles and oil-repellent textiles

2. Antifoaming agents

3. Water repellent, oil repellent, antifouling agent and fiber protectant

4. Optical fiber or its surface coating agents

5. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam

6. Water-resistant clothes and oil- resistant clothes

7. Water-repellent floor coverings and oil-repellent floor coverings

8. Floor waxes

7.

Objective and rationale, including the nature of urgent problems where applicable: To prevent environmental pollution, PFOA isomers or their salts and PFOA related compounds, which are potentially hazardous substances because of their non-biodegradability, high degree of bioaccumulation potential, and chronic toxicity, will be designated as Class I Specified Chemical Substances under the Act. This amendment is based on the decisions at the Ninth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants in 2019. Also, to prevent environmental pollution, products in which PFOA isomers or their salts and PFOA related compounds are used will be prohibited from being imported.

8.

Relevant documents:

- Act on the Regulation of Manufacture and Evaluation of Chemical Substances (Act No. 117 of October 16, 1973)

https://www.japaneselawtranslation.go.jp/en/laws/view/3350

- Order for Enforcement of the Act on the Regulation of Manufacture and Evaluation of Chemical Substances

(Cabinet Order No. 202 of June 7, 1974)

https://www.japaneselawtranslation.go.jp/ja/laws/view/3455

9.

Proposed date of adoption: June 2024

Proposed date of entry into force: August 2024 for designation of PFOA isomers or their salts, and December 2024 for designation of PFOA related compounds and the addition of products to be prohibited from being imported

10.

Final date for comments: 60 days from notification

11.

Texts available from: National enquiry point [X] or address, telephone and fax numbers and email and website addresses, if available, of other body:

International Trade Division

Economic Affairs Bureau

Ministry of Foreign Affairs

2-2-1 Kasumigaseki, Chiyoda-ku

Tokyo 100-8919, Japan

Tel.: + (81) 3 5501 8344

Fax: + (81) 3 5501 8343

E-mail: enquiry@mofa.go.jp