. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/116
17 June 1999
(99-2466)
Committee on Technical Barriers to Trade Original:  English
EC REMARKS CONCERNING JAPANESE LEGISLATION ON FISHING VESSELS
IMPLICATIONS FOR TRADE IN COMMERCIAL MARINE ENGINES
Communication from the European Communities
The European Communities has transmitted the following communication dated
14 June 1999, to the Secretariat, with the request that it be circulated to Members of the Committee.
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1. The Japanese Fishing Vessel Law published 13 May 1950 aims at inter alia  rationalizing
development of the productivity of the fishing industry.  Under this law certain performance
requirements have been laid down for marine engines for fishing vessels.  Hence, requirements are set
for the maximum engine size allowed to be used for each one of the vessel size categories and the
engine sizes are classified and identified by a certain index number, so-called “Engine PerformanceIndex” (EPI).  The calculation formula to determine the EPI was revised in 1997.
2. The EPI applied in relation to the Japanese legislation is not in line with the relevant
international standard (ISO) and this has had an adverse effect on import of commercial marine
engines for fishing vessels in Japan from European exporters.
3. Under the Japanese regulation, the calculation of the maximum engine size allowed for
fishery vessels is based on the so-called “Gyosen-Ho Bariki”, which is translated as
“Engine Performance Index” (EPI).  Under the EP I, the calculation method for maximum engine size
is artificial in that it does not measure actual engine output – which would be in line with international
standards (ISO 8665, 1998) - but output on the basis of engine displacement.  A request for using the
international standard as a basis for the Japanese  regulation is maintained in order to make it
compatible with the terms of the TBT Agreement.
4. According to the Japanese authorities the regulation serves the objective of protection of
fishery resources.  For this objective the actual regulation is quite unique for Japan.  Even so, the
measuring of the actual engine output would be a far better criterion for regulating engine size in view
of protection of fishery resources as well as fuel consumption, environmental aspects and
maintenance costs.  The Japanese method used is neither objective nor non-discriminatory to foreign
manufacturers.
5. The European companies produce engines following measurement according to the
international standard (ISO) and not on the base of the unique EPI formula applied in Japan.  The
Japanese measure represents a significant regulatory obstacle for European companies and an
unnecessary obstacle to international trade according to the terms of the TBT Agreement.G/TBT/W/116
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6. The Japanese regulation was modified in August 1997.  However, this revision did not affect
the EPI method used under the regulation.  It should be noted that this revision has not been notified
according to the TBT Agreement although the criteria for notification is fully applicable (the technical
content of the regulation is not in accordance with relevant international standard and the regulation
has a significant effect on trade of other Members).
7. We look forward to more information and clarification from Japan on this issue.
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