Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities(Act No. 100 of 2000)
Last Version: Act No. 119 of 2003
TOC
History

Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities
Act No. 100 of May 31, 2000
(Purpose)
Article 1The purpose of this Act is to establish a society that can develop sustainably with reduced environmental load, by providing for necessary matters and for promoting a shift of demand to Eco-Friendly Goods, etc., including the promotion of the procurement of Eco-Friendly Goods, etc. by the State, Incorporated Administrative Agencies, etc., local governments, and Local Incorporated Administrative Agencies, and the provision of information concerning Eco-Friendly Goods, etc., thereby contributing to ensuring healthy and cultured living of both the present and future generations of the citizens.
(Definitions)
Article 2(1)The term "Eco-Friendly Goods, etc." as used in this Act means goods or services falling under any of the following items:
(i)Recyclable resources and other raw materials or parts that contribute to the reduction of environmental load (referring to environmental load as prescribed in Article 2, paragraph (1) of the Basic Environment Act (Act No. 91 of 1993); the same applies hereinafter);
(ii)Products that contribute to the reduction of environmental load due to reasons including the use of raw materials or parts contributing to the reduction of environmental load, reduced environmental load caused by greenhouse gas emissions, etc. accompanied by use of the products, and waste reduction through easy reuse or recycling after use in whole or part;
(iii)Services that contribute to the reduction of environmental load including those provided through the use of products contributing to the reduction of environmental load.
(2)The term "Incorporated Administrative Agencies, etc." as used in this Act means incorporated administrative agencies (referring to incorporated administrative agencies prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999)) or special public corporations (referring to corporations directly incorporated by an act or corporations incorporated by special juristic act for establishment by a special act, to which the provision of Article 4, item (xv) of the Act for Establishment of the Ministry of Internal Affairs and Communications (Act No. 91 of 1999) is applicable; the same applies hereinafter), which are corporations, all or the majority of whose capital is funded by the State, or corporations which mainly obtain financial resources for expenses necessary for operating projects from State-issued grants or subsidies, as specified by Cabinet Order.
(3)The term "Local Incorporated Administrative Agencies" as used in this Act means Local Incorporated Administrative Agencies as prescribed in Article 2, paragraph (1) of the Local Independent Administrative Agency Act (Act No. 118 of 2003).
(4)The term "Heads of Ministries and Agencies" as used in this Act means the Heads of Ministries and Agencies as prescribed in Article 20, paragraph (2) of the Public Finance Act (Act No. 34 of 1947).
(Responsibility of the State and Incorporated Administrative Agency)
Article 3(1)In procuring goods and services (hereinafter referred to as "goods, etc."), the State and Incorporated Administrative Agencies, etc. must endeavor to select Eco-Friendly Goods, etc., for the purpose of promoting a shift of demand to Eco-Friendly Goods, etc., while giving consideration to the proper use of the budget.
(2)While deepening the understanding of the significance of promoting a shift of demand to Eco-Friendly Goods, etc., among business operators and citizens through educational activities and public relations activities, the State must endeavor to implement necessary measures for promoting activities aimed at a shift of demand to Eco-Friendly Goods, etc., through mutual coordination among the State, local governments, business operators and citizens.
(Responsibility of Local Governments and Local Incorporated Administrative Agencies)
Article 4(1)Local governments are to endeavor to implement measures aimed at a shift of demand to Eco-Friendly Goods, etc., in accordance with the natural and social conditions of their local areas.
(2)Local incorporated administrative agencies are to endeavor to implement measures aimed at a shift of demand to Eco-Friendly Goods, etc., with regard to the administration and undertakings of the Local Incorporated Administrative Agencies.
(Responsibility of Business Operators and Citizens)
Article 5In the case of purchasing or leasing goods, or receiving the provision of services, business operators and citizens are to endeavor to select Eco-Friendly Goods, etc., to the extent possible.
(Basic Policy for Procurement of Eco-Friendly Goods, etc.)
Article 6(1)For the purpose of comprehensively and systematically promoting the procurement of Eco-Friendly Goods, etc. by the State and Incorporated Administrative Agencies, etc., the State must provide for a Basic Policy on the promotion of the procurement of Eco-Friendly Goods, etc. (hereinafter referred to as the "Basic Policy").
(2)The Basic Policy is to provide for the following matters:
(i)Basic orientation for promoting the procurement of Eco-Friendly Goods, etc. by the State and Incorporated Administrative Agencies, etc.;
(ii)The types of Eco-Friendly Goods, etc. on which priority should be placed in procurement by the State and Incorporated Administrative Agencies, etc. (hereinafter referred to as the "designated procurement items") and judgment criteria therefor as well as basic matters concerning the promotion of the procurement of goods, etc. meeting the criteria (hereinafter referred to as the "designated procured goods, etc.");
(iii)Other important matters concerning the promotion of the procurement of Eco-Friendly Goods, etc.
(3)Upon consultation with the Heads of Ministries and Agencies, etc. in advance (the Heads of Ministries and Agencies in the case of the State and the competent minister in the case of Incorporated Administrative Agencies, etc.; the same applies hereinafter), the Minister of the Environment must prepare a draft of the Basic Policy and seek a cabinet decision.
(4)In consulting with the Heads of Ministries and Agencies, etc. under the preceding paragraph with regard to judgment criteria for the designated procurement items, such consultation is to be conducted in accordance with the draft prepared jointly by the Minister of the Environment and the ministers with jurisdiction over the projects including manufacturing, import and sale of the goods, etc., in light of the necessity for considering technology concerning the manufacturing of goods, etc. falling under the designated procurement items and the trends, etc. of supply and demand.
(5)When a cabinet decision under paragraph (3) is made, the Minister of the Environment must make public the Basic Policy without delay.
(6)The provisions of the preceding three paragraphs apply mutatis mutandis to any revision of the Basic Policy.
(Procurement Policy for Eco-Friendly Goods, etc.)
Article 7(1)Every fiscal year, the Heads of Ministries and Agencies and the heads of Incorporated Administrative Agencies, etc. (if the Incorporated Administrative Agencies, etc. are special public corporations, the representatives thereof; the same applies hereinafter) must prepare a policy for promoting the procurement of Eco-Friendly Goods, etc., with regard to the procurement of goods, etc., in accordance with the Basic Policy and in consideration of the budget and the schedule of administration or undertakings, etc. for the fiscal year concerned.
(2)The policy referred to in the preceding paragraph is to provide for the following matters:
(i)The procurement target of the designated procured goods, etc. for the fiscal year concerned;
(ii)Eco-friendly goods, etc., the procurement of which is to be promoted for the fiscal year concerned other than the designated procured goods, etc., and the procurement target thereof;
(iii)Other matters concerning the promotion of the procurement of Eco-Friendly Goods, etc.
(3)When the policy referred to in paragraph (1) is made, the Heads of Ministries and Agencies and the heads of Incorporated Administrative Agencies, etc. must make public that fact without delay.
(4)The Heads of Ministries and Agencies and the heads of Incorporated Administrative Agencies, etc. are to procure the goods, etc. for the fiscal year concerned in accordance with the policy referred to in paragraph (1).
(Publication of Outline of Procurement Results)
Article 8(1)At the end of each fiscal year or each business year, the Heads of Ministries and Agencies and the heads of Incorporated Administrative Agencies, etc. are to without delay prepare and make public an outline of the results of the procurement of Eco-Friendly Goods, etc., and notify the Minister of Environment to that effect.
(2)The heads of Incorporated Administrative Agencies, etc. are to notify the Minister of Environment pursuant to the provision of the preceding paragraph through the competent minister of the Incorporated Administrative Agencies, etc.
(Request of the Minister of the Environment)
Article 9The Minister of Environment may request the Heads of Ministries and Agencies, etc. to implement measures considered especially necessary for promoting the procurement of Eco-Friendly Goods, etc.
(Promotion of Procurement of Eco-Friendly Goods, etc. by a Local Government and Local Incorporated Administrative Agency)
Article 10(1)Every fiscal year, in consideration of the budget and the schedule of administration or undertakings, etc., of prefectures, municipalities and Local Incorporated Administrative Agencies for the fiscal year concerned, the prefectures and municipalities are to, endeavor to prepare the policy for promoting the procurement of Eco-Friendly Goods, etc., with regard to the procurement of goods, etc.
(2)The policy referred to in the preceding paragraph is to be provided for Eco-Friendly Goods, etc., the procurement of which is to be promoted for the fiscal year concerned, and the procurement target thereof, in accordance with the natural and social conditions of the areas in the prefectures and municipalities concerned in the case of prefectures and municipalities, and in accordance with the administration and undertakings of the Local Incorporated Administrative Agencies concerned in the case of Local Incorporated Administrative Agencies.In this case, prefectures, municipalities and Local Incorporated Administrative Agencies are to endeavor to specify goods, etc. falling under the designated procurement items as Eco-Friendly Goods, etc., the procurement of which is to be promoted.
(3)When the policy referred to in paragraph (1) is made, prefectures, municipalities and Local Incorporated Administrative Agencies are to procure the goods, etc. for the fiscal year concerned in accordance with the policy.
(Consideration for Promoting the Procurement of Eco-Friendly Goods, etc.)
Article 11The State, Incorporated Administrative Agencies, etc., prefectures, municipalities and Local Incorporated Administrative Agencies are to endeavor to use Eco-Friendly Goods, etc. in a proper and reasonable manner, and pay due consideration so as not to cause an increase in the procurement volumes by reason of promotion of the procurement of Eco-Friendly Goods, etc. pursuant to this Act.
(Provision of Information Concerning Eco-Friendly Goods, etc.)
Article 12A person who engages in the business of the manufacture, import, or sale of goods, or the provision of services, is to endeavor to provide purchasers, etc. of the goods with information necessary for understanding environmental load pertaining to the goods, etc. by an appropriate method.
Article 13A person who certifies the fact that goods manufactured, imported or sold by, or services provided by other business operators, contribute to the reduction of environmental load, or who provides information concerning Eco-Friendly Goods, etc. by conducting acts including indicating information concerning environmental load pertaining to such goods and services is to endeavor to provide information effective and appropriate for contributing to a shift of demand to Eco-Friendly Goods, etc., in light of scientific knowledge and in consideration of consistency with international agreements.
(Arrangement of Information by the State)
Article 14In order to contribute to a shift of demand to Eco-Friendly Goods, etc., the State is to arrange and analyze the status of the provision of information conducted by persons prescribed in the preceding two Articles, and provide the results thereof.
(Transitional Measure)
Article 15When an order is enacted, revised or abolished pursuant to the provisions of this Act, necessary transitional measures may be prescribed by such order to the extent considered reasonably necessary for the enactment, revision or abolishment.
Supplementary Provisions
(Effective Date)
(1)This Act comes into effect as of January 6, 2001; provided, however, that the provisions of Articles 7, 8 and 10 come into effect as of April 1 of the same year.
(Review)
(2)In view of promoting a shift of demand to Eco-Friendly Goods, etc., the government is to review the roles of the system for providing information concerning Eco-Friendly Goods, etc., including measures for securing the provision of proper information etc., and implement necessary measures based on the results thereof, while respecting the content of information concerning Eco-Friendly Goods, etc. to be provided and the method of provision, as well as the autonomy of the person providing information concerning Eco-Friendly Goods, etc.
Supplementary Provisions[Act No. 119 of July 16, 2003 Extract][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Local Independent Administrative Agency Act (Act No. 118 of 2003).
(Delegation to Cabinet Order of Other Transitional Measures)
Article 6In addition to what is provided for in these Supplementary Provisions, other transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.