ORGANISATION MONDIALE  
DU COMMERCE  GPA/99 
2 juin 2009 
 
 (09-2646) 
Comité des marchés publics Original:   anglais 
  
 
NOTIFICATION DE LÉGISLATION NATIONALE 
 
Communication du Japon au titre de l'article XXIV:5 b
)1  
de l'Accord sur les marchés publics  
 
 
 La communication ci-après, datée du 28 mai 2009, est distribuée à la demande de la délégation du Japon.  
_______________ 
 
  Conformément au paragraphe 5 b) de l'article  XXIV de l'Accord de l'OMC sur les marchés 
publics, le gouvernement japonais s ouhaite informer le Comité des marchés publics des modifications 
ci-après apportées à sa réglementation dans ce domaine.
2 
 
_______________ 
 
 
NOTIFICATION DE LA "LOI FAVORISANT LA PASSATION DE CONTRATS 
TENANT COMPTE DE LA RÉDUCTION DES ÉMISSIONS DE GAZ 
À EFFET DE SERRE ET AUTRES PAR L'ÉTAT ET D'AUTRES 
ENTITÉS" ET DE LA "POLITIQUE DE BASE FAVORISANT 
LA PASSATION DE CONTRATS TENANT COMPTE DE 
LA RÉDUCTION DES ÉMISSIONS DE GAZ À 
EFFET DE SERRE ET AUTRES PAR 
L'ÉTAT ET D'AUTRES ENTITÉS" 
 
 
1. Organisme responsable 
 Ministère de l'environnement. 
 2. Description de la loi 
 Sur la base de la "Loi favorisant la passati on de contrats tenant co mpte de la réduction des 
émissions de gaz à effet de serre et autres par l'État  et d'autres entités" (ci-après la "Loi"), qui est 
entrée en vigueur le 22 novembre 2007, et de la "Po litique de base favorisant la passation de contrats 
                                                     
 
1 L'article XXIV:5 b) est libellé comme suit:  Législation nationale "b) Chaque Partie informera le 
Comité de toute modification apportée à ses lois et règlements en rapport avec les dispositions du présent 
accord, ainsi qu'à l'administration de ces lois et règlements". 
2 On trouvera les notifications antérieures du Ja pon concernant sa législation nationale dans les 
documents suivants:  GPA/37, daté du 20 juin 2000, GPA/67, daté du 15 avril 2002, GPA/37/Add.1, daté du 
7 avril 2004, GPA/37/Add.2, daté du 21 mars 2005, GPA/37/Add.3, daté du 15 mars 2006, GPA/37/Add.4, daté 
du 13 mars 2007 et GPA/37/Add.5, daté du 1er avril 2008. GPA/99 
Page 2  
 
  tenant compte de la réduction des ém issions de gaz à effet de serre et autres par l'État et d'autres 
entités" fondée sur cette loi (ci-après la "Politique  de base"), adoptée par décision du gouvernement, 
les entités du gouvernement central et autres entités s' efforceront de passer d es marchés en accordant 
la préférence aux contrats qui cont ribuent à réduire les émissions de gaz à effet de serre et d'autres 
substances et publieront, à compter du 7 décembre 2007, à la fin de chaque exercice budgétaire, un 
résumé des marchés passés. 
 
3. Entités tenues de passer des march és fondés sur la Politique de base 
1) L'État (toutes les entités du gouvernement central): 
 
 Chambre des Représentants, Chambre des con seillers, Cour suprême, Cour des comptes, 
Cabinet (Administration nati onale du personnel), Bureau du Premier Ministre (Maison 
impériale, Commission nationale de la sécurité publique (Police nationale), Agence des services financiers), Ministère de l'intérieur et des télécommunications, Ministère de la justice, Ministère des affaires étrangères, Minist ère des finances, Ministère de l'éducation, de 
la culture, des sports, de la science et de la tec hnologie, Ministère de la santé, du travail et de 
la protection sociale, Ministère de l'agriculture , des forêts et de la pêche, Ministère de 
l'économie, du commerce et de l'industrie, Minist ère de la terre, des infrastructures, des 
transports et du tourisme, Ministère de l'environnement et Ministère de la défense (y compris toutes leurs subdivisions internes, les organism es affiliés et autres organisations et filiales 
locales). 
 
2) Autres entités (98 institutions administratives indépendantes et quatre entités juridiques spéciales):   Les entités énumérées dans l'ordonnance du gouvernement définissant les entités juridiques 
visées au paragraphe 3 de l'article 2 de la Loi,  telle que modifiée ultérieurement (voir liste 
ci-jointe de ces entités au 1
er octobre 2008).3 
 
4. Contenu de la politique de passation des marchés 
1) Examiner les efforts visant à réduire les émissions de gaz à effet de serre et autres dans les 
soumissions relatives à la passation des contrats suivants: 
 
 a) contrats relatifs à la fourniture d'électricité;  et   b) contrats relatifs à l'achat de véhicules.  
2) Promouvoir la mise en place de "projets visant à améliorer la conservation d'énergie", par la 
passation de contrats portant sur de tels projets.  3) Exiger des propositions techniques prévoyant la  réduction des émissions de gaz à effet de 
serre et autres dans les soumissions pour la passati on de contrats d'études pour  la construction ou la 
rénovation poussée d'installations gouvernementales. 
 
5. Début de la passation de marchés conf ormément à la Politique de base révisée 
 Dès que chaque entité sera prête après l'entrée en  vigueur, le 7 décembre 2007, de la Loi et de 
la Politique de base.  
                                                     
 
3 En anglais seulement.  GPA/99 
 Page 3 
 
 
  6. Responsabilité des autorités locales et des institutions administratives indépendantes 
locales 
 Les autorités locales et les institutions admini stratives indépendantes locales s'efforceront de 
formuler une politique pour promouvoir la passation de contrats prenan t en considération la réduction 
des émissions de gaz à effet de serre et autres et de prendre les mesures nécessaires à cette fin 
conformément à la politique pertinente. 
 
7. Conformité avec l'Accord de l'OMC sur les marchés publics 
 Dans la Politique de base fi gure le paragraphe suivant: 
 
 Chaque entité est "tenue de veiller à la conformité avec les autres objectifs administratifs, en 
tenant dûment compte du respect de l'Accord de  l'OMC sur les marchés publics, et veille à ne 
pas créer d'obstacles non nécessaires au commerce international". 
 
8. Textes juridiques 
 Les textes en japonais de la Loi et de la Po litique de base sont disponibles sur le site Web du 
Ministère de l'environnement:  http ://www.env.go.jp/policy/ga/index.html. 
  Les traductions provisoires en anglais de la Loi et de la Politique de base figurent en annexe 
au présent document.
4 
 9. Point d'information 
 Division de l'environnement et de l'économie 
 Bureau des mesures environnementales intégrées  Ministère de l'environnement  Téléphone:  +(81 3) 5521-8229 
 Fax:  +(81 3) 3580-9568 
                                                     
 
4 En anglais seulement. GPA/99 
Page 4  
 
  The list of the entities listed in the governme nt ordinance determining the legal entities 
 
stipulated under Article 2, Paragraph 3 of the Law concerning the  Promotion of  
Procurement of Contracts Considering Reduction of GHG Emissions by the  
State and Other Entities, as subsequently amended  
(as of 1 October 2008) 
 
 
 (Independent administrative institutions)  
1. National Agency for Vehicle Inspection, Fund  for the Promotion and Development of the 
Amami Islands, National Institute of Biom edical Innovation, Pharmaceuticals and 
Medical Devices Agency, Japan Aerospace Expl oration Agency, Okinawa Institute of 
Science and Technology, Marine Technical  Education Agency, Japan Agency for 
Maritime-Earth Science and Technology, Na tional Maritime Research Institute, Japan 
Science and Technology Agency, National Li vestock Breeding Center, Environmental 
Restoration and Conservation Agency, Nati onal Center for Teacher’s Development, 
Organization for Environment Improvement around International Airport, Research 
Institute of Economy, Trade and Industry, Japan Nuclear Energy Safety Organization, 
Building Research Institute,  National Institute for Sea Training,  National Center for Industrial Property Information and Training,  Civil Aviation College, National Traffic 
Safety and Environment Laboratory, Japan Organization for Employment of the Elderly and Persons with Disabilities, Port and Ai rport Research Institute, Japan National 
Tourism Organization, Japan International Cooperation Agency, Japan Foundation, Japan 
International Research Center for Agricultura l Science, National Cons umer Affairs Center 
of Japan, National Printing Bureau, Nationa l Science Museum, National Institute for 
Environmental Studies, National Institute of Health and Nutrition, Institute of National 
Colleges of Technology, National Archives of  Japan, The National Institute for Japanese 
Language, National Center for Persons with Severe Intellectual Disabilities, 
Nozominosono, National Woman’s Education Center, National Institution for Youth 
Education, Center for National University Fi nance and Management, National Institute of 
Special Needs Education, National Museum of Art, National Hospital Organization, 
National Institute of Cultural Heritage, Em ployment and Human Resources Development 
Organization of Japan, National Institute of Advanced Indus trial Science and Technology, 
National Agency for Automotive Safety an d Victims’ Aid, Japan Housing Finance 
Agency, National Center for Seeds and S eedlings, National Research Institute of 
Brewing, Information-Technology Promotion Agency, Japan, National Institute of Information and Communications Technolog y, New Energy and Industrial Technology 
Development organization, Forestry and For est Products Research Institute, Fisheries 
Research Agency, National Fisheries Univer sity, National Institute of Technology and 
Evaluation, Japan Oil, Gas and Metals Nationa l Corporation, Japan Mint, National Center 
for University Entrance Examination, Na tional Institute for Academic Degrees and 
University Evaluation, Organization for Small & Medium Enterprises and Regional 
Innovation, JAPAN, Labor Management Or ganization for USFJ Employees, Japan 
Railway Construction, Transport and Technology Agency, Public Corporation, Electronic 
Navigation Research Institute, National Sta tistic Center, Urban Renaissance Agency, 
Public Works Research Institu te, Japan Society for the Promotion of Science, Japan 
Student Services OrganizationJapan Art Counc il, Japan Atomic Energy Agency, Japan 
Expressway Holding and Debt Repayment Agency, National Agency for the Advancement of Sports and Health, Comme morative Organization for the Japan World 
Exposition ’70, Japan External Trade Orga nization, Nippon Export and Investment 
Insurance, Readjustment of Facilities fo r Insured Pensions and Beneficiaries 
Organization, National Institute for Agro-E nvironmental Sciences, Farmers’ Pension  GPA/99 
 Page 5 
 
 
  Fund, National Agriculture and Food Resear ch Organization, National Institute of 
Agrobiological Sciences, Agriculture and Li vestock Industries Corporation, Agriculture, 
Agriculture, Forestry and Fisheries Credit Foundations, Food and Agricultural Materials 
Inspection Center, Welfare and Medical Servic e Agency, National Institute for Materials 
Science, The Public Foundation for Peace and Consolation, Incorporated Administrative 
Agency, National Research Institute for Eart h Science and Disaster Prevention, National 
Institute of Radiological Sciences, Northern  Territories Issue Association, Japan Water 
Agency, National Institute of Multimedia Education, Management Organization for 
Postal Savings and postal Life Insurance, RIKEN, National Institute of Occupational 
Safety and Health, Japan, Japan Labour H ealth and Welfare Organization, The Japan 
Institute for Labour Policy and Training 
  (Special legal entities)  
2. The promotion and Mutual Aid Corporation for Private Schools of Japan 
3. Okinawa Development Finance Corporation 
4. Japan Finance Corporation 
5. Japan Racing Association 
 GPA/99 
Page 6  
 
   
(Provisional Translation) 
 
THE LAW CONCERNING THE PROMOTION OF CONTRACTS CONSIDERING 
REDUCTION OF EMISSIONS OF GREENHOUSE GASES AND OTHERS  
BY THE STATE AND OTHER ENTITIES 
 
 
Article 1 (Purpose) 
  The purpose of this Law is to encourage a reduction of emissions of greenhouse gases and 
others by the State and other entities, thereby contributing to the creation of a society that enjoys environmentally sustainable development, by clar ifying the responsibilities of the State and other 
entities and stipulating the formulation of a basic po licy and other necessary matters with regard to the 
preferment of government contracts which addr ess and promote the reduction of emissions of 
greenhouse gases and others of the State and other entities. 
 
Article 2 (Definitions) 
 
1. For the purpose of this Law, “greenhouse g ases and others” means greenhouse gases and 
other substances that have an environmental load, as  provided in Article 2, paragraph 1 of the Basic 
Environment Law (Law No.91 of 1993); the same shall apply hereinafter. 
2. For the purpose of this Law, “the State and ot her entities” shall mean the State, independent 
administrative institutions, etc. local governments and local independent administrative institutions. 
3. For the purpose of this Law, “independent ad ministrative institution(s), etc.” means legal 
entities, being independent administrative institutio ns, as provided in Article 2, paragraph 1 of the 
Law on General Rules on Independent Administrative Institutions (Law No. 103 of 1999) or special 
organizations (legal entities that are established by law or established for special purposes in accordance with special legislation, and that are subject to the provisions of Article 4, 
subparagraph (15) of the Law for Establishment of the Ministry of Internal Affairs and Communications (Law No. 91 of 1999); the same sh all apply hereinafter), whose capitals are funded 
mostly or entirely by the State or whose main s ources of operational revenue are grants or subsidies 
provided by the State, limited to those specified by Cabinet Order. 
4. For the purpose of this Law, “local independe nt administrative institutions” shall have the 
meaning provided in Article 2, paragraph 1 of  the Law on Local Independent Administrative 
Institutions (Law No. 118 of 2003). 
5. For the purpose of this Law, “the head of each  ministry or agency” shall have the meaning 
provided in Article 20, paragraph 2 of the Public Finance Law (Law No.34 of 1947). 
Article 3 (Responsibility of the State and independent administrative institutions, etc.) 
 
 The State and independent administrative institu tions, etc. shall endeavour to ensure the 
appropriate and reasonable use of energy in orde r to reduce emissions of their greenhouse gases and 
others, and to award contracts in consideration of  various factors other than cost, with preference 
given to contracts which contribute to the reducti on of emissions of greenhouse gases and others by 
the State or relevant independent administrative institution and are also economically efficient. 
  GPA/99 
 Page 7 
 
 
  Article 4 (Responsibility of local governme nts and local independent administrative 
institutions) 
 
 Local governments and local independent admi nistrative institutions shall endeavour to 
ensure the appropriate and reasonable use of energy  in order to reduce emissions of their greenhouse 
gases and others, and to award contracts in consider ation of various factors other than cost, with 
preference given to contracts which contribute to  the reduction of emissions of greenhouse gases and 
others by the local governments or local indepe ndent administrative institutions and are also 
economically efficient, in accordan ce with local environmental and social conditions in the case of a 
local government, and in accordance with its admi nistrative and business activities in the case of a 
local independent administrative institution. 
 
Article 5 (Basic policy) 
 
1. The State shall formulate a basic policy for th e preferment of contracts that address the 
reduction of emissions of greenhouse gases and othe rs by the State and independent administrative 
institutions, etc. (hereinafter the “Basic Policy”). 
2. The Basic Policy shall stipulate the following: 
 (1) The basic direction to be followed for th e preferment of contracts that address the 
reduction of emissions greenhouse gases and others. 
 
 (2) Basic matters related to the reduction of  emissions of greenhouse gases and others for 
the following categories of contracts, with overriding priority on the reduction of emissions of greenhouse gases and others: 
   (i) contracts related to the supply of electricity;  and 
 
  (ii) contracts related to the purchase of products emitting greenhouse gases and 
 others. 
  (3) Basic matters related to contracts for energy conservation improvement projects 
‒projects for which the expected reduction in th e cost of electricity, fuel, etc. related 
to the use of a government building exceeds the cost of design, construction, 
maintenance and so forth incurred in the im provement of structures, facilities, etc. 
(hereinafter “design, etc.”) of said buildi ng; the same shall apply under Article 7. 
 
 (4) Basic matters related to the reduction of  emissions of greenhouse gases and others  
under contracts other than those listed in the preceding two subparagraphs, that fall into the categories of contracts related to buildings or other contracts awarded by the 
State and independent administrative institutions, etc. 
 
 (5) Other important matters related to the preferment of contracts that address the 
reduction of emissions of greenhouse gases and others. 
 3. The Basic Policy shall be formulated in su ch a way as to contribute to the effective 
implementation of the Action Plan on the central Government’s Business provided in Article 20-2, 
paragraph 1 of the Law concerning the Promotion of the Measures to Cope with Global Warming 
(Law No. 117 of 1998), with due c onsideration given to the need to secure a stable supply of energy. GPA/99 
Page 8  
 
  4. The Minister of the Environment shall consult with  the head of each mini stry or agency, etc. 
(the head of each ministry or agency in the case of  the State, the competent minister in the case of 
independent administrative institutions, etc.; the same  shall apply hereinafter) in advance of drafting 
the Basic Policy and shall obtain an approval of the Cabinet. 
5. Consultation with the head of each ministry or agency, etc. under the preceding paragraph 
shall be conducted based on a proposal drafted by the Minister of the Environment in cooperation 
with the competent minister in charge of the releva nt project under a contract stipulated in the Basic 
Policy. 
6. The Minister of the Environment shall, upon obta ining the approval of the Cabinet stipulated 
in paragraph 4 of this Article, pub lish the Basic Policy without delay. 
7. The provisions of the preceding three paragraphs shall be applied mutatis mutandis to 
revisions made to the Basic Policy. 
Article 6 (Promotion of contracts that add ress the reduction of emissions of greenhouse 
gases and others in accordan ce with the Basic Policy) 
  The head of each ministry or agency and th e heads of independent administrative institutions, 
etc. (or its representative, if the relevant indepe ndent administrative institution, etc. is a special 
organization; the same shall apply hereinafter) sh all strive to take measures necessary for the 
preferment of contracts that address the reducti on of emissions of greenhouse gases and others in 
accordance with the stipulations of the Basic Policy.  Article 7 (Financial obligation of the State) 
 
 In cases where the costs of an energy conserva tion improvement project are to be defrayed by 
the State out of the national treasury, such defraymen t shall be limited to a period of 10 fiscal years 
starting from the fiscal year of the initial defrayment. 
 
Article 8 (Publication of a summary of contracts concluded, etc.) 
 
1. The head of each ministry or agency and the heads of independent administrative institutions, 
etc. upon the closing of each fiscal year or each business year shall compile and publish a summary of concluded contracts that address the reduction of emissions of greenhouse gases and others, and shall 
notify the Minister of the Environment without delay of such publication. 
2. The heads of independent administrative institu tions, etc. shall notify the Minister of the 
Environment as stipulated in the preceding paragra ph via the competent minister in charge of the 
relevant independent administrative institutions, etc. 
Article 9 (Request of the Minister of the Environment) 
 
 The Minister of the Environment may request the head of each ministry or agency, etc. to take 
other special measures deemed necessary for the pref erment of contracts that address the reduction of 
emissions of greenhouse gases and others.  
Article 10 Compilation, etc. of information by the State) 
 
 To contribute to the preferment of contracts that address the reduction of emissions of greenhouse gases and others the State shall compile and analyze the data relating to the concluded  GPA/99 
 Page 9 
 
 
  contracts and other data, and shall make the resu lts of such compilation and analysis extensively 
available.  
Article 11 (Preferment of contracts that address the reduction of emissions of greenhouse 
gases and others by local governments a nd local independent administrative 
institutions) 
 
1. Local governments and local independent administ rative institutions shall strive to formulate 
a policy for the preferment of contracts that a ddress the reduction of emissions of greenhouse gases 
and others by local governments and local  independent administrative institutions. 
2. Policies formulated under the preceding paragra ph shall, in the case of a local government, 
have regard to the environmental and social conditi ons of the local area, and, in the case of a local 
independent administrative institution, to its administrative affairs and business activities. 
3. Local governments and local independent admini strative institutions, having formulated a 
policy under paragraph 1 of this ar ticle, shall strive to take measures necessary for the preferment of 
contracts that address the reduction of emissions of greenhouse gases and others in accordance with 
the relevant policy. 
4. Local governments and local independent administrative institutions shall compile and 
publish a summary of concluded contracts that addr ess the reduction of emi ssions of greenhouse gases 
and others. 
Article 12 (Fair competition) 
 
 The State and other entities, when formul ating and implementing measures concerning the 
preferment of contracts that address the reduction of  emissions of greenhouse gases and others by the 
State and other entities, shall ensure fair competit ion with due consideration, by taking measures 
necessary to ensure SMEs are not unfairly disadvantaged. 
 
Article 13 (Harmonization with other measures) 
 
1. The State and other entities, when formula ting and implementing measures concerning the 
preferment of contracts that address the reduction of  emissions of greenhouse gases and others by the 
State and other entities, shall en sure accordance with other meas ures concerning the award of 
contracts by the State and other entities. 
2. The State and other entities shall, when form ulating and implementing measures concerning 
the preferment of contracts that address the reduc tion of emissions of greenhouse gases and others by 
the State and other entities, ensure  accordance with measures describ ed in the Basic Energy Plan 
provided in Article 12, paragraph 1 of the Basi c Law on Energy Policy (Law No.71 of 2002) and 
other measures related to the reduction of emissi ons of greenhouse gases and others by the State and 
other entities. GPA/99 
Page 10  
 
  (Provisional Translation) 
 
BASIC POLICY CONCERNING THE PROMOTION OF CONTRACTS CONSIDERING 
REDUCTION OF EMISSIONS OF GREENHOUSE GASES AND OTHERS  
BY THE STATE AND OTHER ENTITIES 
(Approved by the Cabinet on 7 December 2007) 
  
1. The basic direction for the promotion of contracts that consider reductions of emissions 
of greenhouse gases and others 
(1) Background and significance of the promotion of green contracts 
  In light of the scale and severity of its antic ipated impacts, global warming is the most 
significant environmental issue threatening the fou ndations of human survival. According to a report 
by the Intergovernmental Panel on Climate Change (IPCC), there is no room for doubt that global 
warming is occurring. 
  As a consequence, global warming will likely cast negative impacts on our economic and social activities in multiple respects, not only cau sing frequent weather anomalies and drastically 
changing climates, but negatively impacting farm ing and agriculture and leading to increased 
incidents of infection, devastating disasters and so forth. We have already witnessed how global 
warming has affected water resources and vulner able ecosystems. It is projected that as the 
temperature continues to rise, more serious impacts will ensue.   It is not only harmful greenhouse gases that humanity emits into the environment. While 
socio-economic activities characterized by mass pr oduction, mass consumption and mass waste have 
benefited us greatly, such activities have wasted  the Earth’s limited resources and hampered the 
natural cyclical change of materials, impos ing a heavy load on the global environment. 
  Against this background, we must ensure th e development and prosperity of humankind by 
seeking solutions to these challenges.  To this end, it is essential to reduce emissions of greenhouse 
gases and other substances that negatively impact  the environment (hereinafter, “greenhouse gases 
and others”) across all sectors. In particular, it will be an overridingly important approach to strive to 
reduce emissions of greenhouse gases and others by  addressing the reduction of environmental loads 
in connection with the award of contracts.   The emissions of Greenhouse gases and othe rs related to power supply, automobiles 
purchases, energy conservation improvement, refurbis hment and construction,  for which details on 
the award of contracts to address reductions of  emissions of greenhouse gases and others are 
stipulated by this Basic Policy, account for about  60% of the total greenhouse gas emissions sourced 
from the Government. In promoting contracts that take account of the redu ction of emissions of 
greenhouse gases and others, it is essential to ensure th e achievement of the related targets (using the 
2001 level as the benchmark, the average of emi ssions of greenhouse gas emissions directly and 
indirectly emitted in connection w ith affairs and projects of each governmental administrative organ 
from 2010 to 2012 should be cut by 8%) set in a progr am to be formulated concerning measures to be 
implemented with the view of curbing the Governme nt’s greenhouse gas emissions in its affairs and 
projects pursuant to Article 20-2, paragraph 1 of the Law concerning the Promotion of Measures to 
Tackle Global Warming (Law No.107 of 1998)  (approved by the Cabinet on March 30, 2007; 
hereinafter, “the Action Plan on the Central G overnment’s Business”) and strive for further 
reductions.   GPA/99 
 Page 11 
 
 
   Through these measures, we aim to build a soci ety wherein people in every country can enjoy 
wellbeing in a sound, fertile environment conserve d in all dimensions, from a global level to the 
community level—one that can be inherited by fu ture generations. In other words … a sustainable 
society.  
 It is expected that when concluding contract s that takes account of the reduction of emissions 
of greenhouse gases and others, in view of various  factors other than price while bearing in mind 
economical efficiency and paying due regard to the inherent wisdom and efforts of industry, we can 
effectively improve environmental efficiency (i n terms of environmental load related to the 
production of goods or the provision of services per unit) and ensure any increase in the 
environmental burden can be contained, even as our economy becomes more affluent and “value 
added.” Moreover, it is also expected that this w ill give rise to new economic activities by taking the 
lead in creating higher-performing green technologies and products that contribute to environmental 
conservation. 
 
 The State, independent administrative institutions, etc. (referring to independent 
administrative institution(s), etc. defined in Ar ticle 2, paragraph 3 of the Law concerning the 
Promotion of Contracts considering Reduction of Emissions of Greenhouse Gases and others by the 
State and Other Entities [Law No. 56 of 2007; here inafter, “the Law”]; the same shall apply 
hereunder), local governments and lo cal independent administrative institutions (hereinafter, “the 
State, etc.”) occupy a significant place in the na tional economy as a central player engaged in daily 
economic activities. In addition, the modality of concl uding contracts by the State, etc. is of great 
importance, influencing those concluded by othe r entities. Therefore, it would bring significant 
benefits to markets if the State, etc. establish th e practice of concluding contracts that take into 
account the reduction of emissions of greenhouse gases and others.  
 Along with the purport of Article 24 of the B asic Environmental Law (Law No., 91 of 1993) 
and Article 3, paragraph 3 of the Law concerning the Promotion of Measures to Tackle Global Warming, it is called upon the State, etc. to take the initiative in promoting contracts that take into 
account the reduction of emissions of greenhouse g ases and others, which can be expanded by the 
private sector, thereby encouraging a nationwide shift to the promotion of contracts that take account of the reduction of emissions of greenhouse gases and others. 
 
(2) Basic concept concerning the promotion of c ontracts considering reduction of emissions of 
greenhouse gases and others 
  The head of each ministry or agency, etc. (refe rring to “the head of each ministry or agency, 
etc.” set forth in Article 2, paragraph 5 of the Law;  the same shall apply hereinafter) and the heads of 
independent administrative institutions, etc. shall stri ve to, pursuant to the provisions of Article 6 of 
the Law, as stipulated in this Basic Policy, ta ke necessary measures for the promotion of contracts 
considering reduction of emissions  of greenhouse gases and others. 
  In practice, the following approaches shall be  taken toward the conclusion of contracts: 
 
 (i) When entering into contracts that take  into account the reduction of emissions of 
greenhouse gases and others, the reduction of emissions of greenhouse gases and others should be considered in as wide range of fields as possible, in recognition that 
it is expected to be an effective approach  toward the spread of eco-friendly goods and 
services (hereinafter, “goods, etc.”) in markets to take into account various factors 
other than price while bearing in mind economical efficiency. 
  (ii) It is essential to keep in mind the concern that unless a contract considers the 
reduction of emissions of greenhouse gases and others, larger volumes of greenhouse GPA/99 
Page 12  
 
  gases and others are likely to be emitted in connection with the production, use, etc. 
of goods, etc. under the relevant contract, as a consequence of which the State, etc. might incur higher costs for environmental conservation. 
  (iii) It is essential to promote the Action Plan on the Central Government’s Business 
effectively through contracts that consider  the reduction of emissions of greenhouse 
gases and others. In particular, for indepe ndent administrative institutions, etc. to 
promote contracts that consider the reduction of emissions of greenhouse gases and others, it is preferable to take a well-pla nned approach, comparable to the Action Plan 
on the Central Government’s Business, wh ile respecting the characteristics of an 
individual institution. 
  (iv) When specifying requisite performance s for procurement, these specifications should 
be necessary, sufficient and clear, in line with administrative purposes, etc., and contract-related information should be pub licized. When setting forth requirements, 
the evaluation methodology, procedures for the award of contracts, etc., and when 
implementing contracts, it is essential to ensure fair competition with due consideration, by taking necessary measu res to prevent small and medium-sized 
enterprises from unfair disadvantage. 
  (v) When implementing measures concerning th e promotion of contracts that consider 
the reduction of emissions of greenhouse g ases and others, it is essential to ensure 
accordance with other measures concerning the award of contracts by the States, etc. 
  (vi) When implementing measures concerning the promotion of contracts that consider 
the reduction of emissions of greenhouse g ases and others, it is essential to ensure 
consistency with measures described in the Basic Energy Plan stipulated in Article 
12, paragraph 1 of the Basic Law on Energy  Policy (Law No. 71 of 2002) and other 
measures related to the reduction of emissions of greenhouse gases and others by the States, etc. 
  (vii) It is required to ensure accordance with other administrative purpose, with due 
consideration to compliance with the WTO Agreement on Government Procurement, 
lest an unnecessary impediment be posed on international trade. 
 
2. Basic matters related to the reduction of greenhouse gas emissions for contracts with 
overriding priority on the reduction of greenhouse gas emissions. 
(1) Contracts related to the supply of electricity 
  Basic matters related to the reduction of emissions of greenhouse gases and others for contracts related to the supply of electricity are stipulated as follows: 
  For contracts to be concluded by bidding relate d to the supply of electricity, it is essential to 
select the successful bidder on the basis of price from among those qualified bidders who have met 
the requisite standard of greenhouse gas emission f actors and effort of re duction of environmental 
loads (the status of introduction of new energy, the status of use of unutilized energy, etc.), which is 
prescribed in advance (hereinafter, “the  bottom-cut method”), for the present. 
 
 - When considering details of bidding procedures under the bottom-cut method, it is 
essential to ensure accordance with actions  for secured supplies while taking the 
actual situation of the said region into account as well as fair competition. 
  GPA/99 
 Page 13 
 
 
   - When concluding a contract related to the supply of electricity, it is essential to enter 
into contract with a power operator acknow ledged as capable of supplying electricity 
to meet the required power demand, the estimated power consumption, etc. as 
described in specifications throughout the term of contract reliably and stably. 
 
 - The State and independent administrative institutions, etc. shall endeavour to ensure 
the appropriate and reasonable use of en ergy and, when implementing contracts 
related to the supply of electricity, to ensu re fair competition with due consideration, 
by taking measures necessary to prevent small and medium-sized enterprises from unfair disadvantage, and at the same time, to ensure consistency with measures 
concerning the conclusion of contracts by other States, etc., measures described in the 
Basic Energy Plan stipulated in Article 12, paragraph 1 of the Basic Law on Energy Policy (Law No. 71 of 2002) and other measu res related to the reduction of emissions 
of greenhouse gases and others by the States, etc. 
 
(2) Contracts related to the purch ase of greenhouse gas-emitting products 
  Basic matters related to the reduction of em issions of greenhouse gases and others  for 
contracts related to the purchase of automobiles are stipulated as follows: 
  - For contracts to be concluded by bidding related to the purchase of automobiles, it is 
essential to enter into contract with a part y whose proposal is rated the best when 
comprehensively evaluated in terms of purchase price and environmental 
performance. 
  - With regard to requisite performance at  the time of ordering, it is essential to 
prescribe requirements by properly taking administrative purposes into account, 
giving due consideration not to restrict biddings unnecessarily. 
  - Bidding requirements shall be set fo rth by type of fuel, for the present. 
  - With regard to specific requirements for a particular bid, the procuring party shall set 
forth details, based on data on the use of automobiles. 
 
3. Basic matters related to contracts for energy conservation improvement projects 
 Basic matters related to contracts for energy conservation improvement projects (referring to 
“energy conservation improvement projects” described in Article 5, paragraph 2, item 3 of the Law; 
hereinafter, “ESCO project”) are stipulated as follows: 
  - It is essential to conduct a feasibility study for the introduction of ESCO projects, and 
introduce ESCO projects as widely as possible. 
  - When planning an ESCO project, it is essential to grasp in advance the conditions of 
existing facilities accordingly, and draw up a plan for a program by making use of 
means for implementing an ESCO project appropriately and smoothly, such as 
feasibility studies, etc. 
  - When planning an ESCO project, it is essential to properly formulate a long-term in-
service program and to realize thorough di scussion, lest terms and conditions of a 
contract be subject to change within the term of contract. 
 GPA/99 
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   - When deciding the ESCO operator, it is essential to comprehensively evaluate 
proposals not only by comparing prices but also by determining which proposed technical solution with other factors is the most suitable for the equipment and systems of the relevant facility, with innovations fully incorporated. 
 
 - In concluding a contract for an ESCO project, it is essential to consult thoroughly 
with the implementing operator in advance concerning the sharing of potential risks 
to arise during the period of the project. 
  - When implementing an ESCO project, it is essential to formulate guidelines on 
maintenance and measurement/verification, acco rding to the contract  to be concluded. 
  - Before the completion of an ESCO project, with regard to area(s) pertaining to the 
technical scope employed as an ESCO project, it is essential to require the implementing operator to create guidelines on proper maintenance and administration 
following the termination of the project. 
 
4. Basic matters related to the reduction of emissions of greenhouse gases and others under 
contracts other than those listed in the preced ing 2 and 3 that fall into the categories of 
contracts related to buildings or other cont racts awarded by the State and independent 
administrative institutions, etc. 
 Basic matters for contracts related to buildings are stipulated as follows: 
  - When contracting for the design service pertaining to the construction or large-scale 
refurbishment of a building, it is essential, as a rule, to employ the procedure to select 
a party who has proposed the most excellent technical solution when evaluated 
comprehensively in light of the specified technical requisite standards, including 
features addressing the reduction of emissions of greenhouse gases and others (including affirmative use of natural energy) (hereinafter, “the green proposal procedure”). However, the same rule does not  necessarily apply to such projects with 
overriding priority on other factors than the reduction of emissions of greenhouse gases and others, or such projects wher e there is little room for such design 
innovations. 
  - When contracting for the design service pertaining to the construction or large-scale 
refurbishment of a building, it is essential,  as a rule, to describe the environmental 
conservation performance required for the design output clearly in contract 
documents. 
  - If the green proposal procedure is employed, and when features addressing the 
reduction of emissions of greenhouse gases a nd others contained in the technical 
solution proposed by the selected party are judged appropriate in terms of economical 
efficiency as well, it is essential to ensure  the relevant features of the technical 
solution are reflected in the design output, by clearly describing the appropriate 
features in contract documents. 
  - If the green proposal procedure is employed, it is essential to conclude a contract with 
the selected party and to require the other party (the designer) of the contract to assess 
life-cycle CO
2 emissions (LCCO 2), in addition to comprehensive environmental 
conservation performance, with regard to the design output. 
  GPA/99 
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   - When ordering through the green proposal procedure, it is essential to announce to 
that effect officially with an outline of th e order in advance, and when the outline has 
been modified, to publicize the outline as modified. 
  - When ordering through the green proposal  procedure, it is essential to provide 
necessary information for those who are invited to propose technical solutions, and to 
ensure those parties are allowed reasonable time for preparation. 
  - When ordering through the green propo sal procedure, it is essential to ensure 
impartiality, transparency, and objectivity. 
 
5. Other important matters related to the pr omotion of contracts that address the 
reduction of emissions of greenhouse gases and others 
(1) Promotion of contracts that address the reduc tion of emissions of greenhouse gases and others 
in all contract categories 
 
 For all of the contract categories listed in the preceding 2 through 4 as well as others, including associated contracts permitting the installa tion of equipment in gove rnment buildings, it is 
preferable to ensure features under contract are s ubstantial to make use of goods, etc. under contract 
and to conduct affairs related to the award of cont racts in such a way as to contribute to the reduction 
of emissions of greenhouse gases and others in c onnection with the implementation of projects under 
contract and affairs to award contracts. Also, due consideration should be given lest the reduction of 
emissions of greenhouse gases and others in the ad ministrative field cause increased emissions of 
greenhouse gases and others in non-administrative sectors.  (2) Establishment of structure to promote contracts 
 
 The head of each ministry or agency and th e heads of independent administrative institutions, 
etc. shall establish a structure to promote cont racts that address the reduction of emissions of 
greenhouse gases and others. As a rule, it is required th at the head of the structure shall be a person 
who is competent in supervising contracts that address reductions of emissions of greenhouse gases 
and others entirely for the internal organization (in the case of each ministry or agency, a person who 
holds the office of or equivalent to Director Gene ral [Chief Secretary] or higher) and also that all 
internal organizations shall be involved in the struct ure. In particular, departments/divisions in charge 
of environmental affairs and departments/divisions in charge of accounting/procurement shall engage 
in the structure on their own initiative.  
(3) Publication of a summary of contracts concluded, etc. 
  When publishing a summary of concluded contr acts that address the reduction of emissions of 
greenhouse gases and others, the head of each mini stry or agency and the heads of independent 
administrative institutions, etc. shall publish su ch a summary in a form as plain as possible. 
 
(4) Implementation of programs to enhance pers onnel's understanding for further promotion of 
contracts that address the reduction of emissions of greenhouse gases and others 
  The head of each ministry or agency and th e heads of independent administrative institutions, 
etc. shall seek to provide the personnel, including of ficials in charge of business practice relating to 
contracts, opportunities to enhance their understand ing of contracts that address the reduction of 
emissions of greenhouse gases and othe rs and to acquire technical kn owledge useful for concluding 
such contracts.  GPA/99 
Page 16  
 
  (5) Compilation, etc. of information 
  The State, with the view of contributing to the promotion of contracts that address the reduction of emissions of greenhouse gases and othe rs by the State, independent administrative 
institutions, etc., local governments, local independent administrative institutions, and other citizen of 
the State, shall compile and analyze the data relating to the concluded contracts that address the 
reduction of emissions of greenhouse gases and others and other data, and shall make the results of 
such compilation and analysis extensively availabl e in an easily understandable form. The head of 
each ministry or agency and the heads of independ ent administrative institutions, etc. shall seek to 
conclude contracts that contribute to the reducti on of environmental loads as much as possible by 
making sufficient use of existing information including the relevant information. 
 (6) Harmonization with other measures   The State shall engage reasona bly and effectively in the publication and compilation, etc. of 
information in coordination with the system esta blished for the enforcement of the Law concerning 
the Promotion of Procurement of Environment-Friendly Products by the State, etc. (Law No. 100 of 2000), which stands for a pioneering initiative addressing the environment.  (7) Review of the Basic Policy  
 With the view of contributing to further prom otion of contracts that address the reduction of 
emissions of greenhouse gases and others, the State sh all review this Basic Policy whenever deemed 
necessary in reference to available informa tion/data described in (5) and so forth. 
 
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