Economic Integration: A New Approach To Reform

The EBC Report on the Japanese Business Environment 2007

Automobiles


Regulatory Developments

The Japanese automobile industry is booming. Profits are at a record level. In 2006, production in Japan increased for the fifth consecutive year and exports soared by 21% in volume to 5.3 million units. The prosperity of the Japanese automobile industry is, however, disproportionately dependent on the growth of overseas markets. By contrast, the domestic market is in decline, except for Japan's unique mini-car ("kei" car) segment. Not surprisingly therefore, sales of imported vehicles are flat and have never recovered the peak of 311,000 units reached in 1996.

In 2006, imports - of which European brands have a share of more than 85% - took just over 5% of the total passenger car market, including mini-cars. However, import sales of 244,000 units were virtually unchanged from the previous year. The Japanese Government needs to take more vigorous action to stimulate the domestic market so that importers can enjoy similar opportunities in Japan to those which domestic manufacturers experience in overseas markets, including Europe, where Japanese exports grew by 11% in 2006 to 1.3 million units.

Prospects for EU-Japan Economic Integration

The automobile industry has been at the forefront of the globalisation of the world economy. The regulatory regime for automobiles is evolving to reflect the global operations of the industry. This gives European and Japanese automakers a common interest in the international harmonisation of technical standards. While competing fiercely in the market place, the two industries cooperate to ensure that the industry can meet the legitimate demands of consumers for safe and environmentally friendly products at the lowest regulatory cost.
In 1998, Japan became the first country in Asia to accede to the UN/ECE 1958 Agreement on the Mutual Recognition of Type Approval for Vehicles etc., which provides that vehicle devices that have received type approval according to ECE Regulations in one contracting party are exempt from testing in any other signatory country where those regulations have been adopted.
Since Japan became a signatory of the UN/ECE 1958 Agreement Japan has steadily brought domestic technical standards into line with UN-ECE regulations. But there are still areas where Japan has unique national technical requirements e.g. noise testing. More recently the pace of the adoption of UN-ECE regulations into Japanese law appears to have slackened. The number of regulations adopted by Japan is still well behind that of the EU. A faster rate of adoption would be to the mutual benefit of the Japanese automobile industry and to European exporters to Japan.
Japan is now considering proposing to other UN/ECE signatories the introduction by 2015 of a system of Mutual Recognition of Whole Vehicle Certification. The EBC Automobile Committee welcomes this initiative. If implemented, it would mean that once a vehicle had been certificated in either the EU or Japan, that vehicle would require no further testing to be sold in either region. This would go a long way towards the integration of the Europe and Japanese automobile markets. Even in advance of the realisation of this long-term goal, there are other steps set out below which the Japanese Government could take to facilitate the sales of imported vehicles in Japan.

Key Issues and Recommendations

■ Harmonisation of technical standards and certification procedures

Yearly status report: limited progress. So far, Japan has adopted a total of 32 out of some 120 UN-ECE Regulations. In FY 2006, Japan only adopted 3 additional UN-ECE Regulations. The schedule for FY 2007 is hardly more ambitious and does not include Regulation 51: Proximity Noise, an item of particular interest to importers of European rear-engine and high performance vehicles. MLIT has decided to incorporate the English text of ECE regulations directly into Japanese law. This will not affect Japan's long-term adoption schedule, but it should make it easier to incorporate amendments of ECE Regulations into Japanese law. Nonetheless, inconsistencies in the interpretation of UN-ECE Regulations continue to exist between Japan and Europe.

Recommendation:

  • The Japanese government should speed up the adoption of UN-ECE Regulations and consult closely with other UN-ECE members before introducing new domestic requirements that either conflict with existing regulations or are outside their scope. The Japanese government should also work closely with EU Member States and the European Commission to realise as soon as possible a system of Mutual Recognition of Whole Vehicle Certification.

■  Tax reform

Yearly status report: limited progress. Compared with other major countries, Japan imposes an excessively heavy tax on the acquisition and ownership of motor vehicles. In addition to consumption tax, the purchaser of a vehicle must also pay an Automobile Acquisition Tax. To help stimulate the domestic automobile market, the EBC Automobile Committee strongly supports the call of the Japanese automobile industry for the elimination of this double taxation.

Recommendation:

  • The Japanese government should abolish the Automobile Acquisition Tax.

■  Diesel promotion

Yearly status report: limited progress. The Japanese government increasingly recognises that diesel passenger cars have a role to play in enabling Japan to meet her CO2 reduction targets under the Kyoto Protocol. However, even those diesel vehicles which comply with the most stringent emission requirements in the EU and the US cannot be sold in Japan without engineering modifications. To enable foreign manufacturers to recoup the development cost of this engineering, the Japanese government should accept for a fixed volume of imports whose compliance with the latest EU and US diesel emissions regulations meets the requirements of Japan's Post New Long Term Emission Standards.

Recommendation:

  • The Japanese government should allow the certification under the Preferential Handling Procedure of diesel passenger cars which comply with the latest EU and US diesel emissions regulations.

■  Kei cars

Yearly status report: new issue. "Kei" or mini-cars are those vehicles legally restricted to a maximum length of 3.4m, a width of 1,48m, a height of 2m, and to an engine displacement of 660cc and below. Originally, conceived to provide affordable transport for low-income earners, kei cars now take more than 30% of the passenger car market. Kei cars benefit from lower automobile related taxes, automobile liability insurance and motorway tolls and are subject to less stringent overnight garaging requirements. The original justification for the kei car segment has meanwhile become questionable since more than 70% of kei cars are now operated as second cars. This segment is only supplied by Japanese OEMs since no similar segment, artificially created by regulation, exists in any other market of the world. The continued existence of the privileges enjoyed by kei cars is an anachronism which distorts the competition with imported compact and subcompact cars sold in other global
markets, which do not enjoy the same prerogatives as kei cars in Japan, even though their performance and specifications hardly differ.

Recommendation:

  • The Japanese Government should abolish the fiscal and regulatory privileges accorded to kei cars.

■  Treatment of modifications

Yearly status report: new issue. A Completion Certificate must be issued in respect to each new vehicle registered in Japan verifying that the vehicle is identical in every respect with the model that has received type approval. Whenever a European manufacturer makes an improvement to the vehicle, the approval of the MLIT must be obtained before further Completion Certificates can be issued, even if the change in specifications does not affect the vehicle's compliance with safety and other regulations.

Recommendation:

  • The Japanese Government should allow the applicant for type approval to continue to issue Completion Certificates, where a manufacturer has modified the specifications of a vehicle, provided that the device which has been modified has the relevant ECE certification, or the manufacturer guarantees that the modification does not affect the vehicle's compliance with safety and other regulations, and the importer retrospectively notifies the MLIT of the changes. In the unlikely event that the MLIT concludes that the vehicle no longer complies with the certification requirements, it would be subject to recall.

■  Technical guidelines for new safety technologies

Yearly status report: new issue. MLIT has set technical guidelines for new driving assistance systems on the verge of commercialisation. MLIT claims that, if a European automaker provides appropriate technical argumentation, the guidelines can be amended to accommodate safety devices installed in imported vehicles which achieve the same objectives but use different technology. In reality, amending the guidelines has proved difficult and time-consuming. The technical guidelines therefore act as a deterrent to the import of vehicles incorporating advanced safety features, which do not comply with the guidelines, to the detriment of the Japanese consumer.

Recommendation:

  • The Japanese Government should discuss with the Japan Automobile Importers Association ways to facilitate the revision of the technical guidelines.