| Update | Copy | Delete |
| Record identifier: | TIM-004614 |
| Record status: | C |
| Country: | Japan [JAP] |
| Faolex ID: | LEX-FAOC185069 |
| In force: | Y |
| Sector: | FO-Forestry |
| Type of text: | RE-Regulation/secondary legislation: regulation/decree/bylaws... |
| Date of Text: | 2017-05-01 |
| Title: | Ordinance for Enforcement of the Act on Promotion of Use and Distribution of Legally-harvested Wood and Wood Products (Regulations No. 1 of 2017) |
| Reference: | Arts. 1; 2; 5; 6; 7; 8; 9; 10; 11 |
| Measures: | Article 1 The terms used in this Ministerial Ordinance have the same meanings as the terms used in the Act on Promotion of Use and Distribution of Legally-harvested Wood and Wood Products (hereinafter referred to as the “Act”) and the meanings of the terms listed in the following items are as prescribed in the respective items: (i) The term “Type I Wood-related Business” means the business listed in the following (a) through (d): (a) Business of processing, exporting or selling (excluding sale to consumers; hereinafter the same applies) logs conducted by a person to whom logs produced from trees are transferred from the owners of the trees (including business of entrusting such processing, exporting or selling to a third party); (b) Business of processing or exporting logs conducted by the owners of trees from which the logs are produced (including business of entrusting such processing or exporting to a third party); (c) Business of selling logs at markets opened for wood trading conducted by a person to whom logs are consigned for sale by the owners of trees from which the logs are produced (including a person to whom such logs are reconsigned for sale by the consignee); and (d) Business of importing the Wood and Wood Products. (ii) The term “Type II Wood-related Business” means the business conducted by the Wood-related Business Entities prescribed in Article 2, paragraph (3) of the Act, excluding Type I Wood-related Business. Article 2 Goods to be specified by an Ordinance of the competent ministries as referred to in Article 2, paragraphs (1) and (2) of the Act are as follows: (i) Chairs, desks/tables, shelves, storage furniture, low partitions, coat hangers, umbrella stands, bulletin boards, blackboards, whiteboards and bed frames that contain wood as their main component material; (ii) Wood pulp (iii) Copier paper, forms, coated paper for inkjet color printers, uncoated printing paper, coated printing paper, tissue paper and toilet paper that use wood pulp; (iv) Flooring that uses wood as its base materials; (v) Wood cement boards; (vi) Siding boards that use wood; (vii) Intermediate goods that are produced using wood or wood pulp during the process of manufacturing or processing the goods listed in the previous items and eventually made into such goods through subsequent manufacturing or processing processes Article 5 A Wood-related Business Entity who intends to obtain a registration as a Wood-related Business Entity as set forth in Article 8 of the Act (including renewal of registration set forth in Article 12, paragraph (1) of the Act; simply referred to as “Registration” in Article 8) must apply to a Registering Organization whose Registration Operations cover the scope of businesses pertaining to such registration. Article 6 (1) The matters to be specified by an Ordinance of the competent ministries as referred to in Article 9, paragraph (1), item (ii) of the Act (including cases where these provisions are applied mutatis mutandis to Article 12, paragraph (2) of the Act) are as follows: (i) Distinction whether the application is made for Type I Wood-related Business and/or Type II Woodrelated Business; (ii) Distinction of the type of business of the applicant between a business that manufactures, processes, imports, exports or sells the Wood and Wood Products, a business that constructs buildings and other structures using wood and a business that supplies Electricity Utilities with electricity obtained by burning woody biomass; (iii) Sections, offices, plants or work places where measures to ensure the use of Legally-harvested Wood and Wood Products are taken; (iv) Types of the Wood and Wood Products for which measures to ensure the use of Legally-harvested Wood and Wood Products are taken; (v) Expected annual weight, area, volume or quantity of the Wood and Wood Products mentioned in the preceding item; and (vi) In the case of a person engaged in a Type I Wood-related Business, the species of trees used as raw materials (for goods listed in item (i) of Article 2, limited to raw materials used for their component materials, and for goods listed in item (iv) of the same Article, limited to raw materials used for their base materials) for the Wood and Wood Products set forth in item (iv) pertaining to the said Type I Wood-related Business, and the names of the countries or regions where the said trees were harvested. (2) In stating the matters listed in item (iii) and (iv) of the preceding paragraph, a person engaged in a Type I Wood-related Business must state all sections, offices, plants and work places as well as all types of the Wood and Wood Products pertaining to the said Type I Wood-related Business. Article 7 (1) The matters to be specified by an Ordinance of the competent ministries as referred to in Article 9, paragraph (2) of the Act (including cases where the provision is applied mutatis mutandis to Article 12, paragraph (2) of the Act) are as follows: (i) Matters concerning methods to appropriately and reliably take measures to ensure the use of Legally-harvested Wood and Wood Products; (ii) Matters concerning separate management of the Legally-harvested Wood and Wood Products from other Wood and Wood Products, assignment of supervisors to ensure the use of Legally-harvested Wood and Wood Products and establishment of other necessary systems. (2) In addition to the documents prescribed in Article 9, paragraph (2) of the Act, the following documents must be attached to the application set forth in paragraph (1) of the same Article. (i) In the case of an individual, a copy of their certificate of residence; (ii) In the case of a juridical person, the articles of incorporation or endowment, a certificate of registered information and a list of executive officers; and (iii) Documents to prove that the applicant does not fall under Article 11, paragraph (1), item (ii) through (iv) of the Act. Article 8 (1) Matters to be specified by an Ordinance of the competent ministries as referred to in Article 10, paragraph (2) of the Act (including cases where the provision is applied mutatis mutandis to Article 12, paragraph (2) of the Act) are as follows: (i) The personal name or entity name and address of the person who obtained the Registration, and, in the case of a juridical person, the name of its representative; (ii) Matters listed in Article 6, paragraph (1), item (i) through (iv); and (iii) The date of Registration and registration number. (2) Upon Registration, without delay, the Registering Organization must make the matters listed in the items of the preceding paragraph publicly available at its office for inspection and also publicly notify the matters using the Internet or any other appropriate means up to the day on which the Registration is deleted Article 9 (1) When there is a change in the matters listed in the items of paragraph (1) of Article 9 of the Act, the Registered Wood-related Business Entity must apply for registration of that change to the relevant Registering Organization. (2) When the Registered Wood-related Business Entity intends to apply pursuant to the provision of the preceding paragraph, the Registered Wood-related Business Entity must submit documents stating the matters set forth in the same paragraph that have changed, together with documents which proves the said change among those prescribed in Article 9, paragraph (2) and Article 7, paragraph (2) to the Registering Organization. (3) Upon application pursuant to the provisions of paragraph (1), the Registering Organization must register the change by entering such change mentioned in paragraph (1) in the register of the Wood-related Business Entities, except the case of a rescission of the registration pursuant to Article 14, paragraph (1) of the Act. (4) Upon registration of the change set forth in the preceding paragraph, the Registering Organization must notify the Registered Wood-related Business Entity who has applied pursuant to the provision of paragraph (1) thereof and publicly notify thereof, without delay. (5) The provision of paragraph (2) of the preceding Article shall apply mutatis mutandis to the public notice pursuant to the provision of the preceding paragraph. Article 10 (1) Titles which Registered Wood-related Business Entities may use pursuant to the provision of Article 13, paragraph (1) of the Act are set forth respectively in the following items according to the categories of persons listed in the said items: (i) A person engaged in a Type I Wood-related Business: Type I Registered Wood-related Business Entity; or (ii) A person engaged in a Type II Wood-related Business: Type II Registered Wood-related Business Entity. (2) The Registered Wood-related Business Entities who use the title set forth in item (ii) of the preceding paragraph must take appropriate measures not to display their titles in a way that may cause misunderstanding with regard to the scope of their business pertaining to such registration Article 11 (1) Upon deletion of a registration pursuant to the provision of Article 15 of the Act, the Registering Organization must publicly notify the following matters: (i) The personal name or entity name and address of the person whose registration was deleted, and, in the case of a juridical person, the name of its representative; (ii) Matters listed in Article 6, paragraph (1), item (i) through (iv); (iii) The date on which the registration was deleted; and (iv) The registration number of the person whose registration was deleted. (2) Upon deletion of a registration, without delay, the Registering Organization must make the matters listed in the items of the preceding paragraph publicly available at its office for inspection and also publicly notify the matters using the Internet or any other appropriate means up to the day on which one year has passed from the date of the deletion |
| Activity: | GE-General |
| Type of forest: | GE-General |
| Target subject: | GE-General |
| III. Processing, Transport and Trade: | chain of custody/due diligence requirements |