RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/131
11 April 2001
(01-1865)
Committee on Government Procurement Original:  English
THE LAW CONCERNING THE PROMOTION OF ECO-FRIENDLY GOODS
AND SERVICES BY THE STATE AND OTHER ENTITIES
(THE LAW ON PROMOTING GREEN PURCHASING)
Notification from Japan under Article XXIV:5(b) of the GPA
The following notification from the Permanent Mission of Japan was received on
30 March 2001, with the request that it be circulated to the Parties to the Agreement on Government
Procurement.  In accordance with Article XXIV:5(b ), "each Party shall inform the Committee of any
changes in its laws and regulations relevant to this Agreement and in the administration of such laws
and regulations".
_______________
Pursuant to Article XXIV, paragraph 5(b) of the WTO Agreement on Government
Procurement, the Government of Japan wishes to inform the Committee on Government Procurement
of the law concerning government procurement in Attachment 1.GPA/W/131
Page 2
ATTACHMENT
The Law Concerning the Promotion of Procurement of Eco-friendly Goods and Services
by the State and Other Entities (The Law on Promoting Green Purchasing)
1. Agency responsible:
Ministry of the Environment
2. Description of the law:
Based on the Law Concerning the Promotion of  Procurement of Eco-friendly Goods and
Services by the State and Other Entities (hereinafter referred to as “the Law”), which entered into
force on 6 January 2001, and the Basic Policy for the Promotion of Procurement of Eco-friendlyGoods and Services (hereinafter referred to as “the Basic Policy”) adopted by the cabinet decision in
February 2001, central government entities and other entities (cf. 3. below) shall draw up and publish
a policy for the promotion of procurement of eco-friendly goods and services (hereinafter referred to
as “procurement policy”) every fiscal year from 1 April 2001. These entities shall procure goods and
services based on their  procurement  policy  and publish the summary of the procurement trackrecord after every fiscal year-end and submit it to the Minister of the Environment.
3. Entities which shall draw up a procurement policy
(1) State (all central government entities):
House of Representatives, House of Councillors, National Diet Library,  Supreme
Court,  Board of Audit,  Cabinet, National Personnel Authority, Cabinet Office,
Imperial Household Agency, National Publ ic Safety Commission (National Police
Agency),  Defense Agency, Financial Services Agency, Ministry of Public
Management, Home Affairs, Posts and Telecommunications, Ministry of Justice,Ministry of Foreign Affairs, Ministry of Finance, Ministry of Education, Culture,
Sports, Science and Technology,  Ministry of Health, Labour and Welfare, Ministry
of Agriculture, Forestry and Fisheries,  Ministry of Economy, Trade and Industry,
Ministry of Land, Infrastructure and Transport and Ministry of the Environment.
(2) Other entities (57 independent administ rative institutions and 57 special legal
entities):
The entities listed in the government ordinance determining the legal entities
stipulated under Article 2, paragraph 2 of  the Law as subsequently amended (cf.
attached list of the entities as of 1 April 2001).
4. Contents of the said procurement policy drawn up by the entities under 3. above:
(1) Procurement targets for the designated procurement goods and services  for each
fiscal year
(note: “designated procurement goods and services” mean those which meet the kinds
and evaluation criteria of eco-friendly goods and services for which the State andother entities under 3. above should put an emphasis on procuring. The Appendix of
the Basic Policy provides 101 designated procurement items and evaluation criteria
(cf. attached summary of the Basic Policy and its Appendix)GPA/W/131
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(2) Other eco-friendly goods and services for which procurement is to be promoted in
each fiscal year as well as procurement targets for those goods and services
(3) Other matters on the promotion of procurement of eco-friendly goods and services
5. Starting date of the procurement based on the procurement policy under 4. above:
1 April 2001
6. Treatment for local governments:
Prefectures, cities, towns and villages shall endeavour to draw up a procurement policy every
fiscal year and procure goods and service based on it.
7. Compliance with the WTO Agreement on Government Procurement
The Basic Policy (mentioned in 2. above) includes the following paragraph:
“Additionally, when promoting the procurement of eco-friendly goods, etc., each
entity shall give due consideration to the compliance with the WTO Agreement on
Government Procurement (particularly with Article 6 (Technical Specifications)) and
note that it will not create unnecessary obstacles to international trade.”
8. Legal texts
Japanese original texts of the Law, the Government Ordinance and the Basic Policy are
available at the web site of the Ministry of the Environment
(http://www.env.go.jp/policy/green/index.html)
Provisional English translations of the Law and the summary of the Basic Policy are attached
hereto.
9. Inquiry point
Environment and Economy Division, Integrated Environmental Policy Bureau, Ministry of
the Environment
Telephone : +(81 3)  5521 – 8230   Fax: + (81-3) 3580-9568GPA/W/131
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The list of the entities listed in the government ordinance determining the legal entities
stipulated under Article 2, paragraph 2 of the Law Concerning the Promotion
of Procurement of Eco-friendly Goods and Services by the
State and Other Entities, as subsequently amended
(as of April 1, 2001)
(Independent administrative institutions)
1. National Archives of Japan, Communications Research Laboratory,  National Research
Institute of Fire and Disaster,  National Research Institute of Brewing,  National Center For
University Entrance Examinations,  National Inst itute of Special Education,  National Olympics
Memorial Youth Center,  National Women's Educat ion Center,  National Youth Houses,  National
Children's Centers,  The National Institute for Japanese Language,  National Science Museum,
National Institute for Materials Science,  National Research Institute for Earth Science and Disaster
Prevention,  National Aerospace Laboratory of Japa n, National Institute of Radiological Sciences,
National Museum of Art,  National Museum, National Research Institute for Cultural Properties,
National Center for Teachers' Development, National Institute of Health and Nutrition,  NationalInstitute of Industrial Safety,  National Institute of Industrial Health,  Center for Food Quality,
Labeling and Consumer Services,  National Center for Seeds and Seedlings,  National Livestock
Breeding Center,  Fertilizer and Feed Inspection St ation,  Agricultural Chemicals Inspection Station,
National Farmers Academy,  Forest Tree Breeding Center,  National Salmon Resources Center,
National Fisheries University,  National Agricult ural Research Organization,  National Institute of
Agrobiological Sciences,  National Institute for Ag ro-Environmental Sciences,  National Institute for
Rural Engineering,  National Food Research Institute,  Japan International Research Center for
Agricultural Sciences,  Forestry and Forest Products Research Institute, Fisheries Research Agency,
Research Institute of Economy, Trade and Industry,  National Center for Industrial Property
Information,  Nippon Export and Investment Insurance,  National Institute of Advanced IndustrialScience and Technology, National Institute of Technology and Evaluation,  Public Works Research
Institute,  Building Research Institute, National Traffic Safety and Environment Laboratory,  National
Maritime Research Institute, Port and Airport Re search Institute,  Electronic Navigation Research
Institute,  Civil Engineering Research Institute of Hokkaido,  Marine Technical College,  National
Institute for Sea Training,  Schools for Seafarers Training,  Civil Aviation College,  National Institutefor Environmental Studies
(Special legal entities)2. Metropolitan Expressway Public Corporation, New Tokyo International Airport Authority,
Japan National Oil Corporation, Japan Regional  Development Corporation, Urban Development
Corporation, Japan Railway Construction Pubic Co rporation, Japan Highway Public Corporation,
Hanshin Expressway Public Corporation, Hons hu-Shikoku Bridge Authority, Water Resources
Development Public Corporation and Japan Green Resources Corporation
3. National Space Development Agency of Japan, Corporation for Advanced Transport and
Technology, Japan Science and Technology Corpora tion, Postal Life Insurance Welfare Corporation,
Japan Environmental Corporation, Metal Mining Agency of Japan, Japan International Cooperation
Agency, Social Welfare and Medical Service Corporation, Japan Small and Medium Enterprise
Corporation, The Promotion and Mutual Aid Corpor ation for Private Schools of Japan, Agriculture
and Livestock Industries Corporation and Labour Welfare CorporationGPA/W/131
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4. Okinawa Development Finance Corporation, Japan Finance Corporation for Municipal
Enterprises, National Life Finance Corporation, Housing Loan Corporation, Japan Finance
Corporation for Small Business and Agriculture, Forestry and Fisheries Finance Corporation
5. Japan Bank for International Cooperation and Development Bank of Japan
6. The Shoko Chukin Bank
7. Teito Rapid Transit Authority8. Fund for the Promotion and Development of the Amami Islands, Japan Nuclear Cycle
Development Institute, Organization for Workers' Retirement Allowance Mutual Aid, Pollution-
Related Health Damage Compensation Association, Japan National Tourist Organization, JapanFoundation, Japan Consumers Information Center, Employment and Human Resources Development
Organization of Japan, Social Insurance Medical Fee Payment Fund, New Energy and Industrial
Technology Development Organization, Association for Welfare of the Mentally and Physically
Handicapped, The Japan Scholarship Foundation, Japa n Society for the Promotion of Science, Japan
Arts Council, Japan Atomic Energy Research Instit ute, National Stadium and School Health Center of
Japan, Japan Racing Association, Japan External  Trade Organization, Japan Institute of Labour,
Government Pension Investment Fund, Farmers’ Pension Fund, University of the Air Foundation,
Northern Territories Issue Association and RIKEN( The Institute of Physical and Chemical Research)GPA/W/131
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(Provisional Translation)
Overview of the Basic Policy for the Promotion of Procurement
of Eco-Friendly Goods and Services
Basic Philosophy
1. Viewpoint of environmental conservation must be added to price and quality
2. Make selection based on diverse viewpoints, including formation of socio-economic system
with environmentally sound material cycle and combating global warming
3. Give consideration to reducing environmental impact throughout the product lifecycle, from
manufacture to disposal.
4. Commit to long-term use, correct utilization, and sorted disposal of procured goods, etc
Designated Procurement Items and Evaluation Criteria
1. As a rule, clear numerical criteria shall be used for selecting designated procurement items
2. Even in the case that clear numerical criteria cannot be established at the present time,
however, factors that have importance with resp ect to reducing environmental impact shall be
defined as “factors for consideration”
3. These standards shall be revised as appropriate, in response to improvements in the state of
development or our scientific understanding of goods, etc.
Note – See attached summary of the Appendix for designated procurement items and evaluation
criteria.
Other Important Matters
1. Central government entities and special legal entities shall establish systems for promoting
procurement of eco-friendly goods, etc.
2. As a rule, the procurement policy for the promotion of procurement of eco-friendly  goods
and services drawn up by each entity shall be applied to all internal organizations of the entity
in question
3. Each entity shall publish its procurement policy and a summary of its procurement track
record (every fiscal year)
4. Establishment of a contact group for related government agencies, etc.5. Staff training and other educational activities for promoting procurement of eco-friendly
goods, etc.
6. Provision of pertinent information by the central governmentGPA/W/131
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APPENDIX
Designated Procurement Items and Evaluation Criteria
(Summary)
Category Designated Procurement Items
(Total  101  Items )Evaluation Criteria
Paper Computer paper, printing paper,
hygienic paper (toilet paper)
Purchased printedmaterialPurchased printed materialRecycled paper content,
bleaching, etc.
Stationery 49 items, including mechanical
pencils, ball-point pens, scissors, glue,
files and binders
Office furniture 8 items, including chairs, desks,
shelves, and blackboardsUse of recycled materials
(e.g. recycled plastic,
thinning wood), etc.
Office automationmachines7 items, including copiers, computers,
printers, and facsimiles
Home electronicappliances6 items, including refrigerators, air
conditioners, televisions, and VTRs
Lighting Fluorescent lighting equipment and
fluorescent light bulbsEnergy consumption
efficiency, etc.
Vehicles Low emission vehicles (natural gas
vehicles, hybrid vehicles, etc.), and
other vehiclesExhaust emission, fuel
efficiency, etc.
Uniforms and work
clothesUniforms and work clothes
Interior fixtures and
beddingCarpets, curtains, blankets
Work gloves Work glovesUse of polyester made from
recycled materials from PETbottles, etc.
Facilities Solar power generation systems, fuel
cells, solar heating systemsUse of solar energy, etc.
Public-works projects Public-works projects:
1. Recycled materials (e.g.
reconstituted wood boards, tiles,and blended cement), etc.
2. Construction machines (low
emission machines, low-noise
machines)Recycled material content ,
emission, noise, etc.
Services Energy conservation diagnosis Qualification of service
providers, content of
diagnosis, etcGPA/W/131
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(Provisional Translation)
Law Concerning the Promotion of Procurement of Eco-friendly
Goods and Services by the State and Other Entities
(Objective)
Article 1
(1) The objective of this law shall be:
- to establish the necessary provisions (a) to encourage the State, independent
administrative institutions, etc. and local governments to procure eco-friendly goods, etc.;
(b) to provide information on eco-friendly goods, etc.;  and (c) to encourage a shift in demand
towards eco-friendly goods, etc.;
- to establish society which can enjoy sustainable development with a lower
environmental impact; and
- to contribute to a sound and cultural lifestyle for citizens today and in the future.
(Definitions)
Article 2
(1) The “eco-friendly goods, etc.” mentioned in this law shall mean the goods or services which
satisfy any one of the following criteria:
(a) Recycled resources including materials or parts/components which contribute to the
reduction of “environmental impact” (as provided in Article 2 (1) of the Basic Environmental
Law (Law No. 91, 1993); the same shall apply hereinafter)
(b) Products which contribute to the reduction of environmental impact on one of the
following grounds:
- materials or parts/components used in the aforementioned goods contribute to the
reduction of environmental impact;
- greenhouse gas, etc. emitted as a result of the use of the aforementioned goods do not
cause a large environmental impact;
- the whole or part of the aforementioned goods can be easily reused or recycled, so
that generation of waste can be limited; and
-o t h e r s .
(c) Services which contribute to the reduction of environmental impact, for example,
services provided by utilizing products that contribute to the reduction of environmental
impact.GPA/W/131
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(2) The “independent administrative institutions, etc.” mentioned in this law shall mean legal
entities which meet the following criteria and determined by the government ordinance(s) for this law:
- independent administrative institutions (as provided in Article 2 (1) of the Law for the
General Rules on Independent Administrative Institutions (Law No. 103, 1999) orspecial legal entities (legal entities that are established according to laws or with
special purposes of establishment according to special laws and are subject to
Article 4 (15) of the Law for the Establishment of the Ministry of Public
Management, Home Affairs, Posts and Te lecommunications (Law No. 91, 1999); the
same shall apply hereinafter); and
- those capitals are entirely or mostly provided by the State or those expenses needed
for the operation of business are derived mainly from grants or subsidies by the State.
(3) “The head of each ministry or agency” mentioned in this law shall mean the head of each
ministry or agency as provided in Article 20(2) of the Public Finance Law (Law No. 34, 1947).
(Duties of the State and independent administrative institutions, etc.)
Article 3
(1) As for the procurement of goods and services (referred to as “goods, etc.” hereinafter), in
order to encourage a shift in demand towards eco-friendly goods, etc., the State and independent
administrative institutions, etc. shall endeavour to choose eco-friendly goods, etc. while giving
consideration to the appropriate use of the budget.
(2) The State shall, through educational and public relations activities, etc., encourage businesses
and citizens to deepen their understanding of the significance of a shift in demand towards eco-
friendly goods, etc., and also take the necessary measures to expedite cooperation between the State,
local governments, businesses and citizens to convert demand toward eco-friendly goods, etc.
(Duty of local governments)
Article 4
(1) Local governments shall endeavour to take the necessary measures to convert demand toward
eco-friendly goods, etc. in accordance with the natural and social conditions of each area.
(Duties of businesses and citizens)
Article 5
(1) Businesses and citizens shall endeavour to choose eco-friendly goods, etc. as much as
possible when buying or renting goods or receiving services.
(Basic policy for the procurement of eco-friendly goods, etc.)
Article 6
(1) In order to comprehensively and systematically promote the procurement of eco-friendly
goods, etc. by the State and independent administrative institutions, etc., the State shall determine theGPA/W/131
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basic policy for the promotion of procurement of eco-friendly goods, etc. (referred to as “the basic
policy” hereinafter).
(2) The basic policy shall stipulate the following:
(a) a basic direction to be followed for the promotion of procurement of eco-friendly
goods, etc. by the State and independent administrative institutions, etc;
(b) basic matters with regard to “ the kinds of eco-friendly goods, etc., for which the
State and independent administrative institutions, etc. should put an emphasis on procuring”
(referred to as “designated procurement items” hereinafter); the evaluation criteria for the
designated procurement items; and the promotion of “procurement of goods, etc. that meet the
said criteria”(referred to as “designated procurement goods, etc” hereinafter); and
(c) other important matters on the promotion of procurement of eco-friendly goods, etc.
(3) The Minister of the Environment shall discuss with the head of each ministry or agency ,etc.
(the head of each ministry or agency in the case of the State, the competent minister in the case ofindependent administrative institutions, etc.; the same shall apply hereinafter) in advance of drafting
the basic policy, and obtain an approval of the cabinet decision.
(4) With regard to the criteria for the designated  procurement items, in light of the necessity of
considering the trends, etc. of technology and demand relating to the manufacture of goods, etc. thatcorrespond to the said designated procurement items, the Minister of the Environment shall discuss
with the head of each ministry or agency, etc. as provided in the preceding paragraph, based on the
draft which the Minister of the Environment has drawn up in cooperation with the minister(s) in
charge of businesses, including manufacture, import and sale, etc., of the said designated procurement
items.
(5) When an approval of the cabinet decision was obtained as mentioned in paragraph (3) of this
Article, the Minister of the Environment shall publish the basic policy without delay.
(6) The provisions of the preceding three paragraphs shall be applied mutatis mutandis to
revisions of the basic policy.
(Procurement policy for eco-friendly goods, etc.)
Article 7
(1) The head of each ministry or agency and the head of each independent administrative
institution, etc. (or the representative in the case of a special legal entity; the same shall apply
hereinafter) shall draw up every fiscal year a policy for the promotion of procurement of eco-friendly
goods, etc. in relation to the procurement of goods, etc., while taking into account the budget,
activities and planned projects for the fiscal year concerned.
(2) The policy mentioned in the preceding paragraph shall stipulate the following:
(a) procurement targets of the designated procurement goods, etc. for the said fiscal year(b) eco-friendly goods, etc. (other than the designated procurement goods, etc.) for which
procurement is to be promoted in the said fiscal year, as well as those procurement targets
(c) other matters on the promotion of procurement of eco-friendly goods, etc.GPA/W/131
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(3) When the policy mentioned in paragraph (1) of this Article is drawn up, the head of each
ministry or agency and the head of each independent administrative institution, etc. shall publish it
without delay.
(4) Based on the policy mentioned in paragraph (1) of this Article, the head of each ministry or
agency and the head of each independent administrative institution, etc. shall procure goods, etc.
during the fiscal year concerned.
(Publication, etc. of the summary of procurement track record)
Article 8
(1) The head of each ministry and agency and the head of each independent administrative
institution, etc. shall prepare and publish, without de lay after every fiscal or business year ends, a
summary of its procurement track record of eco-friendly goods, etc. and submit it to the Minister of
the Environment.
(2) The head of an independent administrative institution, etc. shall submit a summary of its
procurement track record to the Minister of Environment as provided in the preceding paragraph, via
the competent minister for the said independent administrative institution, etc.
(Request of the Minister of the Environment)
Article 9
(1) The Minister of the Environment may request the head of each ministry or agency, etc. to take
measures which are deemed particularly necessary to promote the procurement of eco-friendly goods,etc.
(Promotion of the procurement of eco-fri endly goods, etc. by local governments)
Article 10
(1) With regard to the procurement of goods, etc., prefectures, cities, towns and villages shall
endeavour to draw up a policy every year for the promotion of procurement of eco-friendly goods,
etc., while taking into account the budget, activities and planned projects, etc. for the fiscal year
concerned of the said prefectures, cities, towns and villages.
(2) The policy mentioned in the preceding paragraph shall, in accordance with the natural and
social conditions of the areas of the said prefectures, cities, towns and villages, provide for the eco-
friendly goods, etc. for which procurement should be pr omoted in the fiscal year concerned, as well as
those procurement targets.  In this case, the necessary efforts shall be made to include the goods, etc.
that are designated procurement items in the eco-friendly goods, etc. for which procurement should be
promoted.
(3) When the policy mentioned in paragraph (1) of this Article is drawn up, prefectures, cities,
towns and villages shall procure goods, etc. based on it during the fiscal year concerned.GPA/W/131
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(Considerations to be given when promoting the procurement of eco-friendly goods, etc.)
Article 11
(1) The State, independent administrative institut ions, etc., prefectures, cities, towns and villages
shall make efforts for the proper and reasonable use of even eco-friendly goods, etc., and also givedue consideration so as not to increase the procurement amount of goods, etc. because of promotion
of the procurement of eco-friendly goods, etc. based on this law.
(Provision of information on eco-friendly goods, etc.)
Article 12
Those who engage in the manufacture, import or sale of goods or provision of services shall
endeavour to provide, in an appropriate manne r, the necessary information to understand the
environmental impact in relation to the said goods , etc., to those who purchase or otherwise acquire
the said goods, etc.
Article 13
Those who provide the information on eco-friendly goods, etc., for example, by means of
granting an authorization to the effect that the goods manufactured, imported or sold or services
provided by other businesses could contribute to the reduction of  environmental impact, or indicatingthe information of  environmental impact in relation to the aforementioned goods or services, shall
endeavour to provide effective and appropriate information which could contribute to convert the
demand toward eco-friendly goods, etc., based on the scientific knowledge and also by paying
attention to conformity with international agreements.
(Consolidation, etc. of  information by the State)
Article 14
In order to contribute to the conversion of demand toward eco-friendly goods, etc., the State
shall consolidate and analyse the conditions in re lation to the information provided by the persons
stipulated in the preceding two Articles, and subsequently provide the results.
(Provisional measures)
Article 15
In the case where an order is issued, amended or abolished in accordance with the provisions
of this law, the necessary provisional measures may be determined to the extent that such measures
are deemed reasonably necessary as a result of the issuance, revision or abolishment of the said order.
Supplementary Provisions
(Enforcement date)
1. This law shall take effect from 6 January 2001, provided, however, that the provisions of
Articles 7, 8 and 10 shall be effective from 1 April of the same year.GPA/W/131
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(Consideration)
2. From the aspect of promoting the conversion of demand toward eco-friendly goods, etc., the
government shall, while respecting the content and method of provision of the information on eco-
friendly goods, etc., and also the autonomy of t hose who provide the information on eco-friendly
goods, etc., give due consideration to the necessary measures to ensure the provision of appropriateinformation, as well as the ideal status of information provision system on eco-friendly goods, etc.,
and subsequently, take the necessary measures based on the results of these considerations.
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