Article 1The purpose of this Act is, with a view to protecting the ozone layer through international cooperation, to set in place measures, etc. for controlling the manufacture, reducing the emissions, and rationalizing the use of specified substances, in order to ensure the appropriate and smooth implementation of the Vienna Convention for the Protection of the Ozone Layer (hereinafter referred to as "the Convention") and the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as "the Protocol"), thereby contributing to protecting people's health and conserving the living environment.

Article 2(1)The term "specified substance" as used in this Act means a substance which depletes the ozone layer and which is specified by Cabinet Order.

(2)The kinds of specified substances under this Act are specified by Cabinet Order.

(3)The quantity of specified substances under this Act is the quantity arrived at by multiplying the amount of the specified substance by the ozone depletion coefficient specified by Cabinet Order.

(4)The Cabinet Order set forth in the preceding three paragraphs shall be established in accordance with the provisions of the Protocol.

Article 3(1)The Minister of Economy, Trade and Industry and the Minister of the Environment shall, in order to ensure the appropriate and smooth implementation of the Convention and the Protocol, establish the following matters and publish them; the same shall apply when they have changed any such matters:

(2)The Minister of Economy, Trade and Industry shall publish the actual figures for the level of production, the level of consumption, and other quantities of specified substances specified by Ordinance of the Ministry of Economy, Trade and Industry, for each kind of substance and for each control year set forth in paragraph (1) of the following Article.

Article 4(1)A person who seeks to manufacture specified substances must, for each kind of substance and for each control year (meaning the period specified by Ordinance of the Ministry of Economy, Trade and Industry for each kind of specified substance, in accordance with the provisions of the Protocol; the same shall apply hereinafter), receive permission from the Minister of Economy, Trade and Industry for the quantity of the specified substance the person seeks to manufacture during said control year; provided, however, that this does not apply in any of the following cases:

(2)A person who seeks to receive the permission set forth in the preceding paragraph must submit a written application detailing the following particulars to the Minister of Economy, Trade and Industry within the period of which the Minister issues a public notice:

(3)A person who seeks to manufacture a specified substance in a quantity not exceeding the fixed quantity specified by Cabinet Order which is set forth in paragraph (1), item (iv) must notify the Minister of Economy, Trade and Industry of the quantity of manufacture, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

Article 5(1)The Minister of Economy, Trade and Industry may, when giving the permission set forth in paragraph (1) of the preceding Article, designate all or part of the quantity for which permission is given as the quantity of manufacture for export.

(2)The Minister of Economy, Trade and Industry specifies the point of destination when designating the quantity of manufacture for export under the provisions of the preceding paragraph.

(3)The Minister of Economy, Trade and Industry may, based on an application filed by a person who has received the designation under the provisions of paragraph (1), make a change to the designation.

(4)When a designation has been made under the provisions of paragraph (1), the person who has received the designation must ensure that, in manufacturing the specified substance in the quantity of manufacture for export, the quantity manufactured does not exceed the fixed export quantity (meaning the quantity of the specified substance (limited to the kind of substance under the designation) manufactured by said person for which the Minister of Economy, Trade and Industry has given confirmation, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry, that the substance has been exported or is certain to be exported to the point of destination under the designation set forth in said paragraph during the relevant control year) as of the time of manufacture.

(5)The procedures for filing the application set forth in paragraph (3) are specified by Ordinance of the Ministry of Economy, Trade and Industry.

Article 5-2(1)In addition to the permission set forth in Article 4, paragraph (1), when the Minister of Economy, Trade and Industry finds it necessary in order to ensure the appropriate implementation of the Protocol, he/she may give permission in terms of each specified substance and for each control year for the quantities of specified substance any person seeks to manufacture during said control year.

(2)When the Minister of Economy, Trade and Industry seeks to give permission in terms of the quantity of manufacture for each specified substance under the provisions of the preceding paragraph, he/she shall issue a public notice to that effect.

(3)The provisions of Article 4, paragraph (2) apply mutatis mutandis to the permission set forth in paragraph (1).

Article 6A person who seeks to import a specified substance shall be placed under the obligation to receive approval for import pursuant to the provisions of Article 52 of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949).

Article 7When the Minister of Economy, Trade and Industry reaches a disposition concerning the permission set forth in Article 4, paragraph (1) or Article 5-2, paragraph (1), a designation under the provisions of Article 5, paragraph (1) or a change under the provisions of paragraph (3) of said Article, or an approval for import set forth in the preceding Article, he/she shall ensure that the level of production and level of consumption of each kind of specified substance in Japan does not exceed the limits that Japan must observe based on the provisions of the Protocol, and shall give consideration to the status and trends of the manufacture, import, export, and any other circumstances regarding the specified substances.

Article 8(1)A person who has received the permission set forth in Article 4, paragraph (1) or Article 5-2, paragraph (1) (hereinafter referred to as a "permitted manufacturer") may, within the control year under permission and within the period of which the Minister of Economy, Trade and Industry issues public notice, file an application for permission for an increase in the quantity subject to the permission set forth in Article 4, paragraph (1) or Article 5-2, paragraph (1) (hereinafter referred to as the "permitted quantity of manufacture").

(2)The application under the provisions of the preceding paragraph must be submitted to the Minister of Economy, Trade and Industry as a written application that details the following particulars:

(3)The provisions of Article 5 and the preceding Article apply mutatis mutandis to the permission for an increase set forth in paragraph (1).

Article 9(1)A permitted manufacturer must, when there has been a change in any of the particulars listed in Article 4, paragraph (1), item (i), (iii), or (iv) (including as applied mutatis mutandis pursuant to Article 5-2, paragraph (3)), notify the Minister of Economy, Trade and Industry to that effect without delay, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry.

(2)If it has become certain that the quantity of a specified substance that a permitted manufacturer seeks to manufacture during the control year under permission (hereinafter referred to as the "expected quantity of manufacture") will fall below the permitted quantity of manufacture (or, if a disposition has been reached to give permission for the increase as set forth in paragraph (1) of the preceding Article, to make a reduction under the provisions of Article 16, paragraph (1), or to make a decrease under the provisions of paragraph (2) of said Article, the quantity as changed by such disposition), the permitted manufacturer must notify the Minister of Economy, Trade and Industry of the expected quantity of manufacture without delay, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry.

(3)When a notification under the provisions of the preceding paragraph has been made, the permitted quantity of manufacture of the person that made the notification shall be changed to the expected quantity of manufacture under the notification.

Article 10(1)Conditions may be attached to the permission set forth in Article 4, paragraph (1) or Article 5-2, paragraph (1) or to the permission for an increase set forth in Article 8, paragraph (1), and such conditions may be changed.

(2)The conditions referred to in the preceding paragraph must constitute the minimum extent of conditions necessary for ensuring the appropriate and smooth implementation of the Protocol or for achieving the secure implementation of the particulars of the permission, and must not impose any unreasonable obligation on the person who receives the permission.

Article 11(1)A person who seeks to manufacture a specified substance may, for each kind of substance and for each control year, prove, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry, that the specified substance has been destroyed or is certain to be destroyed during the control year in accordance with the standards specified by Ordinance of the Ministry of Economy, Trade and Industry and Ordinance of the Ministry of the Environment, and receive confirmation from the Minister of Economy, Trade and Industry that said person may manufacture the specified substance (limited to the kind of substance for which the person has given the proof) in the quantity for which said person has given that proof.

(2)A person who seeks to receive the confirmation set forth in the preceding paragraph must, for each kind of specified substance, submit a written application detailing the following particulars and accompanied by documents giving the proof under the provisions of said paragraph, to the Minister of Economy, Trade and Industry:

Article 12(1)A person who seeks to manufacture a specified substance may, for each kind of substance and for each control year, prove, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry, that the specified substance has been used or is certain to be used as a raw material in the manufacturing process of a substance other than said specified substance (excluding a mixture of the specified substance and a substance other than said substance) during the control year, and receive confirmation from the Minister of Economy, Trade and Industry that said person may manufacture the specified substance (limited to the kind of substance for which the person has given the proof) in the quantity or which said person has given that proof.

(2)A person who seeks to receive the confirmation set forth in the preceding paragraph must, for each kind of specified substance, submit a written application detailing the following particulars and accompanied by documents giving the proof under the provisions of said paragraph to the Minister of Economy, Trade and Industry:

Article 13(1)A person who seeks to manufacture a specified substance prescribed by Cabinet Order (hereinafter referred to as a "designated specified substance") may, for each control year, prove, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry, that the specified substance has been used or is certain to be used for the purpose specified by Cabinet Order (hereinafter referred to as the "specified purpose") during the control year, and receive confirmation from the Minister of Economy, Trade and Industry that said person may manufacture the specified substance in the quantity for which the person has given the proof.

(2)A person who seeks to receive the confirmation set forth in the preceding paragraph must, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry, submit a written application detailing the following particulars and accompanied by documents giving the proof under the provisions of said paragraph to the Minister of Economy, Trade and Industry:

(3)In the cases specified by Cabinet Order those in which a person who manufactures a designated specified substance takes measures to prevent the designated specified substance that said person manufactures from being used for a purpose other than the specified purpose before delivering the substance to another person, with regard to the application of the provisions of Article 4, paragraph (1), the manufacture of the designated specified substance that said person delivers is deemed to be carried out by a person who has received the confirmation set forth in paragraph (1), within the scope of the quantity under the confirmation.

Article 14A person who has received the confirmation set forth in Article 11, paragraph (1), Article 12, paragraph (1) or paragraph (1) of the preceding Article (hereinafter referred to as a "confirmed manufacturer") must, when there has been a change in any of the particulars listed in Article 11, paragraph (2), item (i) or (iv), Article 12, paragraph (2), item (i) or (iv), or paragraph (2), item (i) or (iii) of the preceding Article, notify the Minister of Economy, Trade and Industry to that effect without delay.

Article 15(1)When a permitted manufacturer or a confirmed manufacturer has transferred the entirety of the business of manufacturing the kind of specified substance subject to the permission or confirmation, or when there has been an inheritance, merger, or split (limited to an inheritance, merger, or split resulting in the succession of the entirety of the business of manufacturing the kind of specified substance subject to the permission or confirmation) involving a permitted manufacturer or a confirmed manufacturer, the person who has received the entirety of said business or the heir (if there are two or more heirs, and the heir who should continue the business has been appointed by unanimous consent, such appointed person), the juridical person surviving the merger, the juridical person formed by the merger, or the juridical person that has succeeded to the entirety of said business through the split shall succeed to the status of permitted manufacturer or confirmed manufacturer.

(2)A person who has succeeded to the status of permitted manufacturer or confirmed manufacturer pursuant to the provisions of the preceding paragraph must submit a notification of this to the Minister of Economy, Trade and Industry without delay, accompanied by documents proving the fact of succession.

Article 16(1)The Minister of Economy, Trade and Industry may, if a permitted manufacturer falls under any of the following items, rescind the permission set forth in Article 4, paragraph (1) or Article 5-2, paragraph (1), or reduce the permitted quantity of manufacture:

(2)When a permitted manufacturer satisfies the requirements specified by Ordinance of the Ministry of Economy, Trade and Industry for a case in which it has become certain that the expected quantity of manufacture will fall below the permitted quantity of manufacture (or, if permission for an increase set forth in Article 8, paragraph (1) has been given, a notification under the provisions of Article 9, paragraph (2) has been submitted, or a reduction under the provisions of the preceding paragraph has been made, the quantity as changed by such disposition or notification), the Minister of Economy, Trade and Industry may decrease the permitted quantity of manufacture if he/she finds it particularly necessary in consideration of the circumstances prescribed in Article 7.

(3)If a confirmed manufacturer has received the confirmation set forth in Article 11, paragraph (1), Article 12, paragraph (1), or Article 13, paragraph (1) by wrongful means, the Minister of Economy, Trade and Industry may rescind said confirmation or reduce the confirmed quantity.

Article 17A person who has exported a specified substance must, pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry, notify the Minister of Economy, Trade and Industry every year of the export quantity in the previous year and of other particulars specified by Ordinance of the Ministry of Economy, Trade and Industry.

Article 18Beyond what is provided for in the preceding Article, necessary provisions concerning notification of the quantity of manufacture, export quantity, import quantity, or any other particulars of substances that deplete the ozone layer may be established by Cabinet Order to the extent that is found necessary for assessing the quantities that need to be assessed in order to establish limits for the levels of production and consumption for each kind of specified substance and any other particulars that Japan must report under the Protocol.

Article 19A person who uses a specified substance (including a substance that is not a specified substance but which is prescribed by Cabinet Order; hereinafter the same shall apply in this Article through Article 23) in the course of trade must endeavor to reduce emissions and rationalize the use of the specified substance that said person uses (including through the use of substances that serve as an alternative to the specified substance; the same shall apply in the following Article).

Article 20(1)If the Minister of Economy, Trade and Industry and the Minister of the Environment find it necessary for ensuring the smooth implementation of the Convention and the Protocol, they shall formulate guidelines for persons who use specified substances in the course of trade to reduce emissions and rationalize the use of specified substances (hereinafter referred to as "guidelines for reducing emissions and rationalizing use"), and shall publish the same.

(2)The competent minister may provide a person who uses a specified substance in the course of trade with guidance and advice on reducing emissions and rationalizing the use of the specified substance in accordance with the guidelines for reducing emissions and rationalizing use.

(3)The Minister of the Environment may give his/her opinion to the competent minister with regard to the provision of guidance and advice on reducing emissions under the provisions of the preceding paragraph.

(4)The Minister of Economy, Trade and Industry may give his/her opinion to the competent minister with regard to the provision of guidance and advice on rationalizing use under the provisions of paragraph (2).

(5)The competent minister referred to in paragraph (2) is the minister with jurisdiction over the business of the person subject to the guidance and advice set forth in said paragraph.

Article 21The State shall endeavor to secure the funds necessary for promoting the development and use of substances that serve as alternatives to specified substances and the development and use of facilities that contribute to reducing emissions or rationalizing the use of specified substances, and to provide any other support.

Article 22(1)The Director-General of the Japan Meteorological Agency shall observe the state of the ozone layer and the status of the atmospheric concentrations of specified substances, and shall publish the results of his/her observation.

(2)Using the results of the observation under the provisions of the preceding paragraph, etc., the Minister of the Environment shall monitor the status of the depletion of the ozone layer by specified substances and the status of changes in the atmospheric concentrations of specific substances, and shall publish the results of his/her monitoring.

Article 23The State shall promote research into the effects of specified substances on the ozone layer and other surveys and research concerning the protection of the ozone layer, and shall endeavor to disseminate the results of its surveys and research.

Article 24(1)A permitted manufacturer must keep books, and enter therein the quantity of manufacture and the export quantity of the kind of specified substance subject to the relevant permission during the control year under said permission and other particulars specified by Ordinance of the Ministry of Economy, Trade and Industry.

(2)The books set forth in the preceding paragraph must be preserved pursuant to the provisions of Ordinance of the Ministry of Economy, Trade and Industry.

Article 25The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have a permitted manufacturer or a confirmed manufacturer report on its operations.

Article 26(1)The Minister of Economy, Trade and Industry may, to the extent necessary for the enforcement of this Act, have officials of the ministry enter an office, plant, or any other workplace of a permitted manufacturer or a confirmed manufacturer, inspect the books, documents, or other articles, ask questions of the persons concerned, or remove, without compensation, a minimum quantity of specified substances necessary for inspection.

(2)When officials enter a workplace pursuant to the provisions of the preceding paragraph, they must carry an identification card and present it to the persons concerned.

(3)The authority to carry out an on-site inspection, ask questions, or remove substances under the provisions of paragraph (1) may not be construed as being granted for the purposes of a criminal investigation.

Article 27(1)When the Minister of Economy, Trade and Industry seeks to reach a disposition on a reduction under the provisions of Article 16, paragraph (1), a decrease under the provisions of paragraph (2) of said Article, or a reduction under the provisions of paragraph (3) of said Article, he/she must hold a hearing, irrespective of the category of the procedure for hearing statements of opinion under the provisions of Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).

(2)The proceedings on the date of a hearing involving a disposition under the provisions of Article 16 must be open to the public.

(3)If an interested party to the disposition in question makes a request to intervene in the hearing proceedings pursuant to the provisions of Article 17, paragraph (1) of the Administrative Procedure Act, the presiding official for the hearing set forth in the preceding paragraph must permit such intervention.

Article 28(1)A decision on an objection to a disposition under the provisions of this Act (excluding a decision to dismiss) must be made after a public hearing of opinions has been held following a reasonable amount of advance notice to the person subject to the disposition.

(2)The advance notice set forth in the preceding paragraph must specify the hearing date, place, and details of the case.

(3)At the hearing of opinions set forth in paragraph (1), the person subject to the disposition and interested persons must be given the opportunity to produce evidence and state their opinions on the case.

Article 28-2(1)The Minister of Economy, Trade and Industry must consult with the Minister of Agriculture, Forestry and Fisheries in any of the following cases:

(2)When the Minister of Economy, Trade and Industry and the Minister of the Environment seek to formulate guidelines for emissions reduction and rationalizing use, they must consult with the Minister of Agriculture, Forestry and Fisheries with regard to the particulars of the specified substances prescribed by Cabinet Order which are set forth in item (i) of the preceding paragraph.

Article 29When any order is established, revised, or abolished based on the provisions of this Act, the necessary transitional measures (including transitional measures for penal provisions) may be provided for by that order to the extent found to be reasonably necessary for the enactment, revision, or abolition thereof.

Article 30A person who manufactures a specified substance in violation of the provisions of Article 4, paragraph (1) or Article 5, paragraph (4) is sentenced to imprisonment with work for not more than three years, a fine of not more than one million yen, or both.

Article 31A person who falls under any of the following items is sentenced to a fine of not more than two hundred thousand yen:

Article 32When the representative of a juridical person or the agent, employee, or any other worker of a juridical person or an individual commits any of the violations set forth in the preceding two Articles with regard to the business of the juridical person or individual, in addition to the offender being punished, the juridical person or individual is subject to the fine set forth in the relevant Articles.

Article 33A person who fails to make a notification under Article 4, paragraph (3), Article 9, paragraph (1), Article 14, or Article 15, paragraph (2) or who makes a false notification is subject to a non-criminal fine of not more than one hundred thousand yen.

Article 34The Cabinet Order based on the provisions of Article 18 may provide that a person who violates the provisions of the Cabinet Order be punished by a fine of not more than two hundred thousand yen, and that if the representative of a juridical person or the agent, employee, or any other worker of a juridical person or individual commits such violation with regard to the business of the juridical person or individual, in addition to the offender being punished, the juridical person or individual is subject the fines set forth in the relevant Article.