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Meteorological Service Act - Act No. 115 of 2007

Meteorological Service Act

(Act No. 165 of June 2, 1952)

Table of Contents
Chapter I General Provisions (Article 1 - Article 3) Chapter II Observations (Article 4 - Article 12)
Chapter III Forecasts and Warnings (Article 13 - Article 24)
Chapter III-2 Certified Weather Forecaster (Article 24-2 - Article 24-27)
Chapter III-3 Private Meteorological Service Support Center (Article 24-28 - Article 24-33)
Chapter IV Announcement of Information by Radio Communications (Article
25 and Article 26)
Chapter V Verification (Article 27 - Article 34)
Chapter VI Miscellaneous Provisions (Article 35 - Article 43-5) Chapter VII Penal Provisions (Article 44 - Article 50)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is to ensure the sound development of
meteorological services by prescribing basic systems concerning meteorological services, and thereby to contribute to the promotion of public welfare by
preventing disasters, securing traffic safety, and promoting the prosperity of industries, and to offer international cooperation concerning meteorological
services.
(Definitions)
Article 2 (1) The term "meteorological phenomena" as used in this Act means phenomena in the atmosphere (excluding the ionosphere).
(2) The term "terrestrial phenomena" as used in this Act means earthquakes,
volcanic phenomena and phenomena on and under the ground closely related to meteorological phenomena.
(3) The term "hydrological phenomena" as used in this Act means phenomena in land waters and oceans which are closely related to meteorological phenomena or earthquakes.
(4) The term "meteorological services" as used in this Act means the following services:
(i) Observation of meteorological phenomena, terrestrial phenomena, tremors
and ground deformations, and hydrological phenomena, and collection and announcement of the results thereof;
(ii) Forecasts and warnings of meteorological phenomena, terrestrial
phenomena (in the case of earthquakes, limited to earthquake ground motions caused by faulting motion (hereinafter simply referred to as "earthquake ground motions")), and hydrological phenomena;
(iii) Collection and announcement of information concerning meteorological
phenomena, terrestrial phenomena, and hydrological phenomena;
(iv) Constant observation of terrestrial magnetism and terrestrial electricity, and collection and announcement of the results thereof;
(v) Preparation of statistics and studies concerning the matters set forth in the preceding items, and announcement of statistics and the results of studies;
(vi) Research necessary to perform the services set forth in the preceding items;
(vii) Incidental services necessary to perform the services set forth in the
preceding items.
(5) The term "observation" as used in this Act means observation and measurement of a phenomenon by a natural scientific method.
(6) The term "forecast" as used in this Act means an announcement of a prediction of a phenomenon based on the results of observation.
(7) The term "warning" as used in this Act means a forecast made to warn that a
serious disaster may occur.
(8) The term "meteorological instruments" as used in this Act means apparatuses, implements, and devices used in the observation of meteorological, terrestrial,
and hydrological phenomena.
(Duties of the Director-General of the Japan Meteorological Agency)
Article 3 The Director-General of the Japan Meteorological Agency shall, in
order to accomplish the purpose set forth in Article 1, endeavor to carry out the following:
(i) Establishing and maintaining observation networks concerning meteorological phenomena, earthquakes, and volcanic phenomena;
(ii) Establishing and maintaining central systems for forecasts and warnings of
meteorological phenomena, earthquake ground motions, volcanic phenomena, tsunamis, and storm surges;
(iii) Establishing and maintaining systems to quickly exchange information
concerning observations, forecasts, and warnings of meteorological phenomena, earthquake ground motions, and volcanic phenomena;
(iv) Establishing and maintaining systems to quickly exchange the results of
observations of earthquakes (excluding earthquake ground motions);
(v) Ensuring integration of the methods of meteorological observations and the
methods of announcing the results thereof;
(vi) Promoting the use in industry, transportation, and other social activities of the results of meteorological observations, meteorological forecasts and
warnings, and the results of investigations and research concerning meteorological phenomena.
Chapter II Observations
(Methods of Observations Performed by the Japan Meteorological Agency)
Article 4 The Japan Meteorological Agency shall, when performing observations of meteorological phenomena, terrestrial phenomena, tremors and ground
deformations, terrestrial magnetism, terrestrial electricity, and hydrological
phenomena, do so in compliance with the methods specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Entrustment of Observations, etc.)
Article 5 The Director-General of the Japan Meteorological Agency may, when he/she finds a necessity, entrust governmental institution(s), local
government(s), company, or any other group(s) or individual(s) with
observations of meteorological phenomena, terrestrial phenomena, tremors and ground deformations, and hydrological phenomena or provisions of information concerning meteorological phenomena, terrestrial phenomena, tremors and
ground deformations, and hydrological phenomena.
(Meteorological Observations Performed by Persons other than the Japan
Meteorological Agency)
Article 6 (1) In cases any governmental institution other than the Japan
Meteorological Agency, or any local government performs meteorological
observations, it shall do so in compliance with the technical standards specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. However, this shall not apply to the case where it performs any meteorological
observations listed below.
(i) Meteorological observations performed for research purposes;
(ii) Meteorological observations performed for educational purposes;
(iii) Meteorological observations specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) In cases any person other than governmental institutions and local
governments performs the following meteorological observations, he/she shall do so in compliance with the technical standards set forth in the preceding
paragraph. However, this shall not apply to the case where he/she performs
any meteorological observations specified by Ordinance of the Ministry of Land,
Infrastructure, Transport and Tourism:
(i) Meteorological observations for announcement of the results thereof; (ii) Meteorological observations for use of the result thereof in disaster
prevention.
(3) When a person obliged to perform meteorological observations in accordance with the technical standards pursuant to the provisions of the preceding two
paragraphs has installed a facility therefor, he/she shall so notify the Director- General of the Japan Meteorological Agency pursuant to the provisions of
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
This shall also apply when such a facility has been abolished.
(4) The Director-General of the Japan Meteorological Agency may, when he/she finds a necessity in order to establish observation network concerning
meteorological phenomena, request a person who has made notification
pursuant to the provisions of the first sentence of the preceding paragraph to report the results of meteorological observations.
Article 7 (1) Any vessels that are required to be equipped with radio equipment pursuant to the provisions of Article 4 of the Ships Safety Act (Act No. 11 of
1933) and specified by Cabinet Order shall be equipped with meteorological
instruments pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The vessels set forth in the preceding paragraph shall, when cruising in any
areas specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, observe meteorological phenomena and hydrological phenomena
in compliance with the technical standards set forth in the preceding Article, paragraph (1) and report the results thereof to the Director-General of the Japan Meteorological Agency pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Article 8 (1) Any aircraft that has received the aeronautical forecast charts delivered under Article 16 shall, in the case of making a flight, report the status of meteorological phenomena to the Director-General of the Japan
Meteorological Agency during its flight pursuant to the provisions of Ordinance
of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The aircraft set forth in the preceding paragraph shall, upon completing its flight, report the status of meteorological phenomena in its flight areas of
flight to the Director-General of the Japan Meteorological Agency pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Meteorological Instruments Used in Observations)
Article 9 Of the meteorological instruments used in meteorological observations
that shall be performed in compliance with the technical standards pursuant to the provisions of Article 6, paragraph (1) or paragraph (2), installed in vessels
pursuant to the provisions of Article 7, paragraph (1), or used by a person who has obtained a license pursuant to the provisions of Article 17, paragraph (1) in observations for the forecasting services set forth in the same paragraph, those
listed in the left-hand column of the appended table as the ones needed to have
certain structures (including material properties) and performance in order to ensure the performance of accurate observations and the integration of
observation methods shall not be used unless they pass a verification test
conducted by a person who has obtained registration by the Director-General of the Japan Meteorological Agency pursuant to the provisions of Article 32-3 and Article 32-4. However, this shall not apply to the meteorological instruments of special types or structures specified by Ordinance of the Ministry of Land,
Infrastructure, Transport and Tourism.
(Guidance Concerning the Methods of Performing Observations)
Article 10 The Director-General of the Japan Meteorological Agency may provide guidance concerning the methods of performing observations for a person in
performing meteorological observations that must be made in compliance with the technical standards pursuant to the provisions of Article 6, paragraph (1) or paragraph (2) or for a person engaged in meteorological observations on any of the vessels set forth in Article 7, paragraph (1) or aircraft in Article 8,
paragraph (1).
(Announcement of the Results of Observations, etc.)
Article 11 When the Japan Meteorological Agency finds that immediate announcement of the results of observations of meteorological phenomena, terrestrial phenomena, tremors and ground deformations, terrestrial
magnetism, terrestrial electricity, and hydrological phenomena, and
information on meteorological phenomena, terrestrial phenomena, and
hydrological phenomena will be in the public interest, it shall endeavor to
immediately announce such results or information and make them publicly known by seeking cooperation from broadcasting institutions, newspaper
publishers, communication agencies, and other mass media (hereinafter simply referred to as "mass media").
(Reports, etc. Concerning Earthquakes Pertaining to the Areas for Intensified
Measures against Earthquake Disasters)
Article 11-2 (1) When the Director-General of the Japan Meteorological Agency finds a risk, based on the results of observations and research with regard to
terrestrial phenomena, tremors and ground deformations, terrestrial
magnetism, terrestrial electricity, hydrological phenomena, and surveys of land and water-areas concerning earthquakes, of the occurrence of a large-scale
earthquake pertaining to the Areas for Intensified Measures against
Earthquake Disasters prescribed in Article 3, paragraph (1) of the Act on
Special Measures for Large-scale Earthquakes (Act No. 73 of 1978), he/she
shall, pursuant to the provisions of Cabinet Order, immediately report to the
Prime Minister information concerning the earthquake at risk of occurring
(including information concerning prediction of a potential tsunami caused by the earthquake event).
(2) The Director-General of the Japan Meteorological Agency shall, when he/she finds, after making a report pursuant to the provisions of the preceding
paragraph, that any new circumstances have arisen in connection with said earthquake, report information concerning said new circumstances on each
occasion in accordance with the provisions of the same paragraph. In this case,
the term "Prime Minister" in the same paragraph shall be deemed to be
replaced with "Prime Minister (or the Prime Minister and the head of the
Earthquake Disaster Alert Headquarters when the Earthquake Disaster Alert
Headquarters is established pursuant to the provisions of Article 10,
paragraph (1) of the Act on Special Measures for Large-scale Earthquakes)."
(Sharing of Expenses, etc.)
Article 12 (1) With respect to a person who makes a report pursuant to the
provisions of Article 6, paragraph (4), Article 7, paragraph (2), or Article 8, the
Director-General of the Japan Meteorological Agency may, within the scope of the budget, bear the expenses of said person pursuant to the provisions of
Cabinet Order.
(2) The Director-General of the Japan Meteorological Agency may, when he/she finds it necessary, lend meteorological instruments and other appliances to a person who makes a report pursuant to the provisions of Article 6, paragraph
(4) or to any of the vessels set forth in Article 7, paragraph (1) pursuant to the
provisions of Cabinet Order.
Chapter III Forecasts and Warnings
(Forecasts and Warnings)
Article 13 (1) The Japan Meteorological Agency shall, pursuant to the provisions of Cabinet Order, give suitable forecasts and warnings for general use
concerning meteorological phenomena, terrestrial phenomena (in the case of
earthquakes, limited to earthquake ground motions; hereinafter, the same
shall apply in this Chapter except in Article 16), tsunamis, storm surges, high
waves, and floods.
(2) In addition to the forecasts and warnings set forth in the preceding paragraph, the Japan Meteorological Agency may, pursuant to the provisions of Cabinet
Order, give suitable forecasts and warnings for general use concerning any
hydrological phenomena other than tsunamis, storm surges, high waves, and floods.
(3) The Japan Meteorological Agency shall, when giving the forecasts and
warnings set forth in the preceding two paragraphs, not only independently
take measures to publicize the forecast matters and warning matters but also endeavor to make them publicly known by seeking cooperation from the mass media.
Article 14 (1) The Japan Meteorological Agency shall, pursuant to the provisions of Cabinet Order, give suitable forecasts and warnings for use for aircraft and vessels concerning meteorological phenomena, terrestrial phenomena,
tsunamis, storm surges, and high waves.
(2) The Japan Meteorological Agency may give suitable forecasts and warnings
for use in railroad business, electricity business, and other special businesses concerning meteorological phenomena, terrestrial phenomena, and hydrological phenomena.
(3) The provisions of the preceding Article, paragraph (3) shall apply mutatis
mutandis to the case where it gives the forecasts and warnings set forth in paragraph (1).
Article 14-2 (1) The Japan Meteorological Agency shall, pursuant to the
provisions of Cabinet Order, give suitable forecasts and warnings for use in
flood prevention activities concerning meteorological phenomena, storm surges, and floods.
(2) With respect to the rivers designated pursuant to the provisions of Article 10, paragraph (2) of the Flood Prevention Act (Act No. 193 of 1949), the Japan Meteorological Agency shall, jointly with the Minister of Land, Infrastructure, Transport and Tourism who administers the affairs concerning flood
prevention, give suitable forecasts and warnings of floods for use in flood
prevention activities by indicating the water levels and flow volumes of said
rivers (or after overflow of rivers, water levels or flow volumes, or areas flooded by overflow and water depths therein).
(3) With respect to the rivers designated pursuant to the provisions of Article 11, paragraph (1) of the Flood Prevention Act, the Japan Meteorological Agency
shall, jointly with prefectural governors, give suitable forecasts and warnings
of floods for use in flood prevention activities by indicating the water levels or flow volumes thereof.
(4) The provisions of Article 13, paragraph (3) shall apply mutatis mutandis to the case where it gives the forecasts and warnings set forth in the preceding three paragraphs. In this case, the phrase "when giving the forecasts and
warnings set forth in the preceding two paragraphs," in the same Article,
paragraph (3) shall be deemed to be replaced with "when giving the forecasts
and warnings set forth in Article 14-2, paragraph (1) to paragraph (3) inclusive respectively, solely or jointly with the Minister of Land, Infrastructure,
Transport and Tourism who administers the affairs concerning flood prevention or jointly with prefectural governors,".
(5) The provisions of Article 17 and Article 23 shall not apply to the Minister of
Land, Infrastructure, Transport and Tourism or prefectural governors who give forecasts and warnings pursuant to the provisions of paragraph (2) or
paragraph (3).
Article 15 (1) Upon giving warnings of meteorological phenomena, terrestrial phenomena, tsunamis, storm surges, high waves, and floods pursuant to the provisions of Article 13, paragraph (1), Article 14, paragraph (1), or the
preceding Article, paragraph (1) to paragraph (3) inclusive, the Japan
Meteorological Agency shall, pursuant to the provisions of Cabinet Order, immediately notify the warning matters to the applicable organs of the
National Police Agency, the Ministry of Land, Infrastructure, Transport and
Tourism, the Japan Coast Guard, prefectures, the Nippon Telegraph and Telephone East Corporation, the Nippon Telegraph and Telephone West Corporation, or the Japan Broadcasting Corporation. This shall also apply
when any warning other than those of earthquake ground motions has become
unnecessary since given.
(2) When the organs of the National Police Agency, the prefectures, the Nippon
Telegraph and Telephone East Corporation, and the Nippon Telegraph and
Telephone West Corporation have received the notice set forth in the preceding paragraph, they shall endeavor to immediately notify the relevant mayors of
municipalities of the contents of the notice.
(3) When the mayors of municipalities receive the notice set forth in the
preceding paragraph, they shall endeavor to immediately make the contents
thereof known to the public and public agencies located in the respective areas of responsibility.
(4) When the organs of the Ministry of Land, Infrastructure, Transport and
Tourism receive the notice set forth in paragraph (1), they shall endeavor to immediately make the contents thereof known to aircraft in flight.
(5) When the organs of the Japan Coast Guard receive the notice set forth in
paragraph (1), they shall endeavor to immediately make the contents thereof known to vessels in passage or in port.
(6) When the organs of the Japan Broadcasting Corporation receive the notice set forth in paragraph (1), they shall immediately broadcast the contents thereof.
(Delivery of Aeronautical Forecast Charts)
Article 16 The Japan Meteorological Agency shall deliver aeronautical forecast charts containing predictions of meteorological phenomena, terrestrial
phenomena (excluding earthquakes), or hydrological phenomena to aircraft specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism before their flights.
(License for Forecasting Services)
Article 17 (1) Any person other than the Japan Meteorological Agency who intends to perform the services for forecasting meteorological phenomena, terrestrial phenomena, tsunamis, storm surges, high waves, or floods
(hereinafter referred to as "forecasting services") shall obtain a license from
the Director-General of the Japan Meteorological Agency.
(2) The license set forth in the preceding paragraph shall be granted with the purposes and scope of forecasting services determined.
(Standards for License)
Article 18 (1) The Director-General of the Japan Meteorological Agency shall, upon receipt of an written application for the license under the provisions of
the preceding Article, paragraph (1), make an examination in accordance with the following standards:
(i) The applicant has sufficient facilities and staff members to perform said forecasting services properly, for collection of observational and other
forecasting data, and analysis of forecasting data;
(ii) The applicant has facilities and staff members that are capable of quickly receiving the Japan Meteorological Agency's warning matters pertaining to the purposes and scope of said forecasting services;
(iii) In the case where the applicant intends to perform the services for
forecasting any phenomena other than earthquake ground motions and
volcanic phenomena, he/she satisfies the requirements set forth in Article 19-
2 at each place of business where said forecasting services are performed; (iv) In the case where the applicant intends to perform the services for
forecasting earthquake ground motions or volcanic phenomena, the
applicant's methods of predicting phenomena, among said forecasting
services, conform to the technical standards prescribed by Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism.
(2) The Director-General of the Japan Meteorological Agency shall, when he/she finds, as a result of making an examination pursuant to the provisions of the
preceding paragraph, that the application conforms to the standards set forth in the same paragraph, grant a license except in the following cases:
(i) The person intending to obtain a license is one who has been sentenced to a fine or severer punishment pursuant to the provisions of this Act and for
whom two years have not elapsed since the date when the execution of the
sentence was completed or the date when he/she ceased to be amenable to the execution thereof;
(ii) The person intending to obtain a license is one who has had his/her license rescinded pursuant to the provisions of Article 21 and for whom two years
have not elapsed since the date of the rescission;
(iii) The person intending to obtain a license is a juridical person of whom any officer falls under item (i) or the preceding item.
(Approval for Change)
Article 19 (1) A person who has obtained a license pursuant to the provisions of
Article 17, paragraph (1) shall, when intending to change the purposes or scope of the forecasting services set forth in the same Article, paragraph (2), obtain
approval from the Director-General of the Japan Meteorological Agency.
(2) The provisions of the preceding Article shall apply mutatis mutandis to the case set forth in the preceding paragraph.
(Staffing of Certified Weather Forecasters)
Article 19-2 A person who has obtained a license pursuant to the provisions of
Article 17 (excluding a person who has obtained a license only for the services for forecasting earthquake ground motions or volcanic phenomena; the same shall apply in the following Article) shall, pursuant to the provisions of
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism,
staff a certified weather forecaster(s) (referring to a person(s) who has obtained the registration set forth in Article 24-20; the same shall apply hereinafter) at each place of business where said forecasting services are performed.
(Services to be Assigned to Certified Weather Forecasters)
Article 19-3 A person who has obtained a license pursuant to the provisions of
Article 17 shall, among said forecasting services, assign the predictions of phenomena to a certified weather forecaster(s).
(Transmission of Warning Matters)
Article 20 A person who has obtained a license pursuant to the provisions of
Article 17 shall endeavor to quickly transmit to the users of said forecasting services the Japan Meteorological Agency's warning matters pertaining to the purposes and scope of said forecasting services.
(Order for Improvement of Services)
Article 20-2 In the case where a person who has obtained a license pursuant to
the provisions under Article 17 no longer falls under any of the items of Article
18, paragraph (1) or when the Director-General of the Japan Meteorological
Agency otherwise finds a necessity in order to ensure the appropriate operation of forecasting services by a person who has obtained a license pursuant to the
provisions of Article 17, the Director-General of the Japan Meteorological
Agency may order the person who has obtained said license to take measures to ensure conformity to the items of the same paragraph with regard to the
facilities and staff members thereof or the methods of predicting phenomena thereby and other necessary measures to improve the operation of said
forecasting services.
(Rescission of License, etc.)
Article 21 When a person who has obtained a license pursuant to the provisions of Article 17 falls under any of the following items, the Director-General of the Japan Meteorological Agency may order the person to suspend the services for a specified period of time or rescind the license.
(i) When the person has violated this Act, any orders pursuant to this Act or any dispositions pursuant thereto, or any conditions attached to the license or approval;
(ii) When the person has come under Article 18, paragraph (2), item (i) or item
(iii).
(Suspension and Abolition of Forecasting Services)
Article 22 When a person who has obtained a license pursuant to the provisions of Article 17 suspends or abolishes all or part of the forecasting services, he/she shall notify the Director-General of the Japan Meteorological Agency to that
effect within thirty days from the date of such suspension or abolition.
(Restriction on Warnings)
Article 23 No person other than the Japan Meteorological Agency may give
warnings of meteorological phenomena, earthquake ground motions, volcanic
phenomena, tsunamis, storm surges, high waves, or floods; provided, however, that this shall not apply to cases specified by Cabinet Order.
(Forecasting and Warning Signs)
Article 24 A person who announces or transmits forecasted matters or warning matters concerning meteorological phenomena, terrestrial phenomena,
tsunamis, storm surges, high waves, and floods by means of signs consisting of
designs, colors, lights, or sound shall do so in compliance with the methods specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter III-2 Certified Weather Forecaster
(Examination)
Article 24-2 (1) A person who intends to become a certified weather forecaster must pass an examination for a certified weather forecaster's license which is conducted by the Director-General of the Japan Meteorological Agency
(hereinafter referred to as "examination").
(2) The examination shall cover the knowledge and skills necessary for the services of a certified weather forecaster.
(Partial Exemption from Examination)
Article 24-3 In the case where a person to take an examination holds any service career or qualifications specified by Ordinance of the Ministry of Land,
Infrastructure, Transport and Tourism in connection with forecasting services
and other meteorological services specified by Ordinance of the Ministry of
Land, Infrastructure, Transport and Tourism, he/she may be given exemption from part of the examination pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Qualification to Become a Certified Weather Forecaster)
Article 24-4 A person who has passed an examination has the qualification to become a certified weather forecaster.
(Designation of Designated Examining Body, etc.)
Article 24-5 (1) The Director-General of the Japan Meteorological Agency may designate a person (hereinafter referred to as "designated examining body") and cause said person to administer the affairs concerning the implementation of an examination (hereinafter referred to as "examination affairs").
(2) The designation of a designated examining body shall be made upon
application by a person who intends to administer examination affairs. (3) The Director-General of the Japan Meteorological Agency shall not
administer examination affairs when he/she has designated a designated
examining body.
(Standards for Designation)
Article 24-6 (1) The Director-General of the Japan Meteorological Agency shall not designate a designated examining body unless no other person has been
designated a designated examining body and the application set forth in the preceding Article, paragraph (2) is found to conform to the following standards: (i) The applicant's plan for administration of examination affairs, which covers
employees, the methods of administering examination affairs, and other matters, is appropriate for the proper and sure administration of
examination affairs;
(ii) The applicant has sufficient financial basis and technical capability to
properly and surely implement the plan for administration of examination affairs set forth in the preceding item;
(iii) Where the applicant is engaged in any services other than examination affairs, there is no risk that the applicant will fail to fairly administer
examination affairs by performing such other services.
(2) When a person who has made the application set forth in the preceding
Article, paragraph (2) falls under any of the following items, the Director-
General of the Japan Meteorological Agency shall not designate the person a designated examining body:
(i) A person other than a general incorporated association or a general incorporated foundation;
(ii) A person who has been sentenced to a fine or severer punishment pursuant to the provisions of this Act and for whom two years have not elapsed since
the date when the execution of the sentence was completed or the date when
he/she ceased to be amenable to the execution thereof;
(iii) A person who has had his/her designation rescinded pursuant to the
provisions of Article 24-16, paragraph (1) or paragraph (2) and for whom two years have not elapsed since the date of the rescission.
(iv) A person who has any officer falling under any of the following: (a) A person who falls under item (ii);
(b) A person who has been dismissed by the order under the provisions of
Article 24-9, paragraph (3) and for whom two years have not elapsed since the date of the dismissal.
(Public Notice of Designation, etc.)
Article 24-7 (1) The Director-General of the Japan Meteorological Agency shall, when he/she has designated a designated examining body, publicly notify the name and address of the designated examining body, the location of the office where it administers examination affairs, and the date when it commences
examination affairs.
(2) The designated examining body shall, when intending to change its name or address, or the location of the office where it administers examination affairs, notify the Director-General of the Japan Meteorological Agency of said
intention at least two weeks prior to the date when the change is scheduled.
(3) The Director-General of the Japan Meteorological Agency shall, upon receipt of the notification under the provisions set forth in the preceding paragraph, publicly notify to that effect.
(Examiner)
Article 24-8 The designated examining body shall, when administering
examination affairs, cause an examiner(s) who satisfies the requirements
specified by Ordinance of the Ministry of Land, Infrastructure, Transport and
Tourism (hereinafter referred to as "examiner") to administer the affairs concerning any judgments as to whether or not a person has necessary
knowledge and skills as a certified weather forecaster.
(Appointment and Dismissal of Officers, etc.)
Article 24-9 (1) No appointment and dismissal of an officer of the designated
examining body engaging in examination affairs shall become effective unless approved by the Director-General of the Japan Meteorological Agency.
(2) The designated examining body shall, when it has appointed or dismissed any examiner, notify the Director-General of the Japan Meteorological Agency to
that effect without delay.
(3) When any officer or examiner of the designated examining body has violated
this Act, any of the orders or dispositions pursuant to this Act, or the rules for administration of examination affairs set forth in Article 24-11, paragraph (1), or committed any extremely inappropriate acts in connection with examination
affairs, the Director-General of the Japan Meteorological Agency may order the
designated examining body to dismiss said officer or examiner.
(Secrecy Obligation, etc.)
Article 24-10 (1) No officers or employees (including examiners), whether
current or former, of the designated examining body shall divulge any secrets that come to their knowledge in connection with examination affairs.
(2) With respect to the application of the Penal Act (Act No. 45 of 1907) and other penal provisions, any officers or employees (including examiners) of the
designated examining body who engage in examination affairs shall be deemed
as personnel engaged in the performance of public duties in accordance with laws and regulations.
(Rules for Administration of Examination Affairs)
Article 24-11 (1) The designated examining body shall formulate rules for administration of examination affairs concerning matters specified by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism with regard to administration of examination affairs and shall obtain approval of
them from the Director-General of the Japan Meteorological Agency. The same shall apply when the designated examining body intends to change the rules for administration of examination affairs.
(2) When the Director-General of the Japan Meteorological Agency finds that the rules for administration of examination affairs approved under the preceding
paragraph have become inappropriate for the fair and proper administration of
examination affairs, he/she may order the designated examining body to change them.
(Business Plan, etc.)
Article 24-12 (1) The designated examining body shall, each business year,
prepare a business plan and an income and expenditure budget pertaining to
examination affairs, and prior to the beginning of said business year (or in the case of a business year containing the date of designation, without delay after said designation), obtain approval of them from the Director-General of the Japan Meteorological Agency. The same shall apply when it intends to change them.
(2) The designated examining body shall, each business year, prepare a business
report and a statement of accounts pertaining to examination affairs, and submit them to the Director-General of the Japan Meteorological Agency within three months after the end of said business year.
(Maintenance of Books, etc.)
Article 24-13 The designated examining body shall, pursuant to the provisions of
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, maintain books, enter therein the matters concerning examination affairs as specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, and preserve them.
(Supervisory Order)
Article 24-14 The Director-General of the Japan Meteorological Agency may,
when he/she finds a necessity in order to enforce this Act, give the designated examining body orders necessary for supervision of examination affairs.
(Suspension and Abolition of Examination Affairs)
Article 24-15 (1) The designated examining body shall not suspend or abolish all or part of examination affairs without obtaining permission from the Director- General of the Japan Meteorological Agency.
(2) The Director-General of the Japan Meteorological Agency shall, when he/she
has granted the permission set forth in the preceding paragraph, publicly notify to that effect.
(Rescission of Designation, etc.)
Article 24-16 (1) When the designated examining body has come under any of the items of Article 24-6, paragraph (2) (excluding item (iii)), the Director-
General of the Japan Meteorological Agency shall rescind its designation.
(2) When the designated examining body falls under any of the following items, the Director-General of the Japan Meteorological Agency may rescind its designation or order it to suspend all or part of examination affairs for a
specified period of time:
(i) When the designated examining body has violated any of the provisions in this Chapter;
(ii) When the designated examining body is found to no longer conform to any
of the items of Article 24-6, paragraph (1);
(iii) When the designated examining body has violated the order under the provisions of Article 24-9, paragraph (3), Article 24-11, paragraph (2), or Article 24-14;
(iv) When the designated examining body has administered examination affairs not complying with the rules for administration of examination affairs
approved pursuant to the provisions of Article 24-11, paragraph (1);
(v) When the designated examining body has obtained designation by wrongful means.
(3) The Director-General of the Japan Meteorological Agency shall, when he/she has rescinded designation pursuant to the provisions of paragraph (1) or the
preceding paragraph or ordered the suspension of examination affairs, in whole
or in part, pursuant to the provisions of the same paragraph, publicly notify said fact.
(Administration of Examination Affairs by the Director-General of the Japan meteorological Agency)
Article 24-17 (1) The Director-General of the Japan Meteorological Agency shall,
notwithstanding the provisions of Article 24-5, paragraph (3), administer all or part of examination affairs him/herself when he/she finds it necessary to do so in the case where the designated examining body has suspended all or part of
examination affairs pursuant to the provisions of Article 24-15, paragraph (1),
the Director-General of the Japan Meteorological Agency has ordered the designated examining body to suspend all or part of examination affairs
pursuant to the provisions of the preceding Article, paragraph (2), or it has
become difficult for the designated examining body to administer all or part of examination affairs due to a natural disaster or for other reasons.
(2) The Director-General of the Japan Meteorological Agency shall, when he/she administers examination affairs pursuant to the provisions of the preceding
paragraph or ceases to administer the examination affairs in which he/she is engaged pursuant to the provisions of the same paragraph, publicly notify to that effect in advance.
(3) The handover of examination affairs and other necessary matters shall, in the case where the Director-General of the Japan Meteorological administers
examination affairs pursuant to the provisions of paragraph (1), has permitted
the abolition of examination affairs pursuant to the provisions of Article 24-15, paragraph (1), or has rescinded designation pursuant to the provisions of the
preceding Article, paragraph (1) or paragraph (2), be prescribed by Ordinance
of the Ministry of Land, Infrastructure, Transport and Tourism.
(Rescission of a Decision of Passing, etc.)
Article 24-18 (1) With respect to a person who has taken or intended to take an examination by wrongful means, the Director-General of the Japan
Meteorological Agency may rescind a decision of his/her having passed an
examination or suspend his/her examination.
(2) The designated examining body may exercise the authority of the Director- General of the Japan Meteorological Agency set forth in the preceding
paragraph.
(3) The Director-General of the Japan Meteorological Agency may, in light of circumstances, prohibit a person who has been subjected to any dispositions prescribed in the provisions of the preceding two paragraphs from taking an examination for a period of up to two years.
(Claim for Review of Dispositions, etc. Made by Designated Examining Body)
Article 24-19 With respect to any dispositions pertaining to examination affairs that are made by the designated examining body or the inaction thereof, the claim for review set forth in the Act of Administrative Tribunals (Act No. 160 of 1962) may be filed to the Director-General of the Japan Meteorological
Agency.
(Registration)
Article 24-20 In order for a qualified person to become a certified weather
forecaster, the person shall obtain registration from the Director-General of the Japan Meteorological Agency.
(Grounds for Disqualification)
Article 24-21 A person who falls under any of the following items may not obtain the registration set forth in the preceding Article:
(i) A person who has been sentenced to a fine or severer punishment pursuant to the provisions of this Act and for whom two years have not elapsed since
the sentence was completed or since he/she ceased to be subject to the execution of the sentence;
(ii) A person whose registration was cancelled under the provisions of Article
24-25, paragraph (1), item (iii) and for whom two years have not elapsed from the date of the cancellation.
(Application for Registration)
Article 24-22 (1) A person who intends to obtain the registration set forth in
Article 24-20 shall submit a written application for registration to the Director- General of the Japan Meteorological Agency.
(2) The written application for registration set forth in the preceding paragraph shall be accompanied by a document certifying that the applicant is qualified to be a certified weather forecaster.
(Implementation of Registration)
Article 24-23 When a person has submitted the documents under the provisions of the preceding Article, the Director-General of the Japan Meteorological
Agency shall register the following matters with the registry of certified
weather forecasters except when said person falls under any of the items of
Article 24-21:
(i) Date of registration and registration number; (ii) Name and date of birth;
(iii) Other matters specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Notification of Change to the Matters Registered)
Article 24-24 A certified weather forecaster shall, when there is any change to the matters registered with the registry of certified weather forecasters
pursuant to the provisions of the preceding Article, notify the Director-General of the Japan Meteorological Agency of said fact without delay.
(Cancellation of Registration)
Article 24-25 (1) In the case where a certified weather forecaster falls under any of the following items or applies for cancellation of the registration set forth in Article 24-20, the Director-General of the Japan Meteorological Agency shall
cancel said registration pertaining to said certified weather forecaster:
(i) When a certified weather forecaster has died;
(ii) When a certified weather forecaster has come under item (i) of Article 24-
21;
(iii) When it is found that a certified weather forecaster has obtained the
registration set forth in Article 24-20 by deception or other wrongful means;
(iv) When a certified weather forecaster has had a decision of his/her having
passed an examination rescinded pursuant to the provisions of Article 24-18, paragraph (1).
(2) When a certified weather forecaster has come under the preceding paragraph, item (i) or item (ii), his/her heir or said certified weather forecaster shall so notify the Director-General of the Japan Meteorological Agency without delay.
(Examination Fee, etc.)
Article 24-26 (1) A person who intends to take an examination or obtain the registration set forth in Article 24-20 shall pay to the State (or to the
designated examining body in the case of a person who intends to take an
examination conducted by the designated examining body) a fee of which the amount is determined in light of the actual cost by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The fee paid to the designated examining body pursuant to the provisions of
the preceding paragraph shall be an income to the designated examining body.
(Delegation to Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 24-27 In addition to what is provided for in this Chapter, any necessary matters concerning the examination, the designated examining body, and the registration set forth in Article 24-20 shall be prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter III-3 Private Weather Service Support Center
(Designation)
Article 24-28 The Director-General of the Japan Meteorological Agency may designate general incorporated association(s) or general incorporated
foundation(s) which is intended to ensure the sound development of
meteorological services and found to conform to the following standards
concerning the services prescribed in the following Article as a private weather service support center (hereinafter referred to "center"), upon application
thereby:
(i) The applicant's plan for implementation of services, which covers employees, methods of implementing services, and other matters, is appropriate for the
proper and sure implementation of services;
(ii) The applicant has sufficient financial basis and technical capability to
properly and surely implement the plan for implementation of services set forth in the preceding item.
(Services)
Article 24-29 A center shall carry out the following services for the purposes of supporting the sound development of forecasting services performed under license pursuant to the provisions of Article 17 and other meteorological
services in the private sector and ensuring the promotion of the use of
meteorological information in industries, transportation, and other social activities:
(i) Providing the results of observations, the information concerning forecasts prepared by the Japan Meteorological Agency in the course of implementing its services, and other information owned by the Japan Meteorological
Agency (hereinafter referred to as "meteorological information");
(ii) Performing providing investigations and research concerning the services referred to in the preceding item (hereinafter referred to as "information
provision services") and the use of meteorological information;
(iii) Providing consultation and other assistance with regard to the matters concerning the use of meteorological information;
(iv) Providing training for the users of meteorological information;
(v) In addition to what is listed in each of the preceding items, performing the services necessary to support the sound development of meteorological
services in the private sector and to ensure the promotion of the use of meteorological information in social activities.
(Provision of Information to Centers, etc.)
Article 24-30 The Director-General of the Japan Meteorological Agency shall
provide a center with the meteorological information which is necessary for the implementation of information provision services and specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, as well as with necessary guidance and advice concerning the implementation of said services.
(Rules for Information Provision Services)
Article 24-31 (1) Prior to commencing performance of information provision services, a center shall formulate rules for information provision services concerning the methods of implementing said services, fees relating to said services, and other matters specified by Ordinance of the Ministry of Land,
Infrastructure, Transport and Tourism and obtain approval of them from the
Director-General of the Japan Meteorological Agency. The same shall apply when the center intends to change such rules.
(2) When the Director-General of the Japan Meteorological Agency finds that the rules for information provision services approved under the preceding
paragraph have become inappropriate for the proper and sure implementation of information provision services, he/she may order a center to change them.
(Separate Accounting)
Article 24-32 A center shall, pursuant to the provisions of Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism, separate accounting for information provision services and accounting for other services.
(Application Mutatis Mutandis)
Article 24-33 The provisions of Article 24-6, paragraph (2) (excluding item (i)), Article 24-7, Article 24-9, paragraph (1) and paragraph (3), Article 24-12, and Article 24-14 to Article 24-16 inclusive shall apply mutatis mutandis to a
center. In this case: the phrase "the preceding Article, paragraph (2)" in Article
24-6, paragraph (2) shall be deemed to be replaced with "Article 24-28"; the
phrase "Article 24-16, paragraph (1) or paragraph (2)" in the same paragraph,
item (iii) with "Article 24-16, paragraph (1) or paragraph (2) as applied mutatis mutandis pursuant to Article 24-33"; the phrase "Article 24-9, paragraph (3)"
in the same paragraph, item (iv) with "Article 24-9, paragraph (3) as applied mutatis mutandis pursuant to Article 24-33"; the phrase ", the location of the office where it administers examination affairs, and the date when it
commences examining affairs" in Article 24-7, paragraph (1) with ", and the
location of the office where it performs the services prescribed in Article 24-
29"; the term "examination affairs" in the same Article, paragraph (2), Article
24-9, paragraph (1) and paragraph (3), Article 24-12, Article 24-14, title of
Article 24-15, the same Article, paragraph (1), and Article 24-16, paragraph (2)
and paragraph (3) with "the services prescribed in Article 24-29"; the phrase "officer or examiner" in Article 24-9, paragraph (3) with "officer"; the phrase "rules for administration of examination affairs set forth in Article 24-11,
paragraph (1)" therein with "rules for information provision services set forth
in Article 24-31, paragraph (1)"; the phrase "any of the items of Article 24-6, paragraph (2)" in Article 24-16, paragraph (1) with "any of the items of Article
24-6, paragraph (2) as applied mutatis mutandis pursuant to Article 24-33";
the term "this Chapter" in the same Article, paragraph (2), item (i) with "the provisions of Article 24-31, paragraph (1) or Article 24-32, or this Chapter as applied mutatis mutandis pursuant to Article 24-33"; the phrase "any of the
items of Article 24-6, paragraph (1)" in the same paragraph, item (ii) with "any
of the items of Article 24-28"; the phrase "Article 24-9, paragraph (3), Article
24-11, paragraph (2), or Article 24-14" in the same paragraph, item (iii) with
"the provisions of Article 24-31, paragraph (2), or Article 24-9, paragraph (3) or
Article 24-14 as applied mutatis mutandis pursuant to Article 24-33"; and the phrase "rules for administration of examination affairs approved pursuant to
the provisions of Article 24-11, paragraph (1)" in the same paragraph, item (iv)
with "rules for information provision services approved pursuant to the
provisions of Article 24-31, paragraph (1)."
Chapter IV Announcement of Information by Radio Communications
(Announcement of Information by Radio Communications)
Article 25 The Japan Meteorological Agency shall, pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, announce the information to be prepared through integration of the following matters by radio communications which are intended for reception by the
organs engaging in meteorological services in and outside Japan, vessels, or
aircraft:
(i) Results of observations of meteorological phenomena, terrestrial phenomena, and hydrological phenomena in and outside Japan;
(ii) Forecast matters and warning matters of meteorological phenomena,
terrestrial phenomena (excluding earthquakes), and hydrological phenomena in and outside Japan;
(iii) In addition to what is listed in the preceding two items, information concerning meteorological phenomena, terrestrial phenomena, and
hydrological phenomena in and outside Japan.
Article 26 (1) Any person other than the Japan Meteorological Agency who
intends to perform the services for announcing the results of the meteorological observations thereby performed by radio communications which are intended
for reception by the organs engaging in meteorological services in or outside
Japan, vessels, or aircraft, shall obtain a license from the Director-General of the Japan Meteorological Agency. However, this shall not apply to the case
where a vessel or aircraft performs said services.
(2) The provisions of Article 18 (excluding items (ii) to (iv) inclusive of paragraph (1)) and Articles 20-2 to Article 22 inclusive shall apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, the phrases "any
of the items of Article 18, paragraph (1)" and "the items of the same
paragraph" in Article 20-2 shall each be deemed to be replaced with "Article 18, paragraph (1), item (i)."
Chapter V Verification
Article 27 Deletion
(Criteria for a Decision of Passing, etc.)
Article 28 (1) A person who has obtained the registration set forth in Article 9 (hereinafter referred to as "registered verification body") shall, when an
application for verification has been filed regarding the meteorological
instruments listed in the left-hand column of the appended table, inspect
whether or not said meteorological instruments conform to the following items and verify that they have passed a verification test when they are found to
conform thereto:
(i) Meteorological instruments, depending on the types thereof, have the
structures (including material properties) specified by Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism;
(ii) The instrumental errors of meteorological instruments do not exceed the respective verification tolerances specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) A registered verification body may, when performing the inspections set forth
in the preceding paragraph on any meteorological instruments that have been granted the type certification set forth in Article 32, paragraph (1), omit the
inspection as to whether or not to conform to the same paragraph, item (i).
(3) The inspection as to whether or not to conform to paragraph (1), item (ii) in the case where the inspection as to whether or not to conform to the same
paragraph, item (i) is omitted pursuant to the provisions of the preceding
paragraph may, when a person authorized under Article 32-2, paragraph (1)
has performed measurements for instrumental errors pursuant to the
provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and
Tourism, be made by means of a document containing the results of said measurements.
(Verification Mark and Verification Certificate)
Article 29 (1) A verification mark shall, pursuant to the provisions of Ordinance
of the Ministry of Land, Infrastructure, Transport and Tourism, be affixed onto any meteorological instruments that have passed a verification test. However,
this shall not apply to those meteorological instruments difficult to affix a verification mark to for their structural reasons which are specified by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. (2) A registered verification body shall, when meteorological instruments have
passed a verification test, deliver a verification certificate to the person who
has applied for verification. Article 30 Deletion
(Validity Period of Verification)
Article 31 The valid period of verification of any meteorological instruments that are specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism as those for which it is found appropriate to determine a valid
period for verification in light of their structures, conditions of use, and status of use, etc. shall be as specified by the said Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Type Certification)
Article 32 (1) The Director-General of the Japan Meteorological Agency shall, upon application, grant type certification for types of meteorological
instruments specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(2) The Director-General of the Japan Meteorological Agency shall, upon
receiving an application set forth in the preceding paragraph, inspect whether or not the meteorological instruments pertaining to the said application
conform to Article 28, paragraph (1), item (i) and grant type certification when he/she finds that they conform thereto.
(3) Type certification shall be granted by issuing a type certificate to an applicant.
(Authorization of Measuring Capability)
Article 32-2 (1) With respect to a person who performs measurements for the
instrumental errors of meteorological instruments, the Director-General of the
Japan Meteorological Agency may, upon application thereby, grant
authorization to the effect that he/she conforms to the following items, per
office thereof, in accordance with the categories specified by Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism:
(i) The capability of a person who performs measurements for the instrumental errors of meteorological instruments meets the standards specified by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
(ii) The measuring instruments and other equipment used in measurements for the instrumental errors of meteorological instruments that are specified by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism have undergone calibrations by the Director-General of the Japan
Meteorological Agency and other calibrations specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism within a period of time specified by Ordinance of the Ministry of Land, Infrastructure,
Transport and Tourism;
(iii) The methods of performing the services pertaining to measurements for the instrumental errors of meteorological instruments are appropriate.
(2) When a person who has obtained the authorization set forth in the preceding
paragraph (hereinafter referred to as "authorized measurer") falls under any of the following items, the Director-General of the Japan Meteorological Agency may rescind its authorization:
(i) When an authorized measurer no longer conforms to any of the items of the
preceding paragraph;
(ii) When an authorized measurer has obtained the authorization set forth in the preceding paragraph by wrongful means.
(3) In addition to what is provided for in the preceding two paragraphs, necessary matters concerning authorization and its rescission shall be
prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport and
Tourism.
(Registration)
Article 32-3 The registration set forth in Article 9 shall be made upon
application by a person who intends to administer the affairs concerning the implementation of a verification test on meteorological instruments
(hereinafter referred to as "verification affairs").
(Requirements for Registration, etc.)
Article 32-4 (1) When a person who has applied for registration pursuant to the provisions of the preceding Article (hereinafter referred to as "applicant for
registration") conforms to all of the following requirements, the Director-
General of the Japan Meteorological Agency shall make registration thereof. In this case, necessary procedures for registration shall be prescribed by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism:
(i) Depending on the types of the meteorological instruments listed in the left- hand column of the appended table, the respective measuring instruments
(limited to those which have undergone calibrations by the Director-General
of the Japan Meteorological Agency or calibrations pursuant to the
provisions of Articles 135 and Article 144 of the Measurement Act (Act No.
51 of 1992)) and equipment listed in the right-hand column of the same table are used to administer verification affairs;
(ii) A person who has knowledge and experience that conforms to any of the
following conditions administers verification affairs, and not less than two persons having such knowledge and experience are staffed at each office
where verification affairs are administered:
(a) A person who graduated from a university under the School Education
Act (Act No. 26 of 1947), a university under the old Imperial Ordinance for
University (Imperial Ordinance No. 388 of 1918), or a vocational training school under the old Vocational Training School Ordinance (Imperial
Ordinance No. 61 of 1903) after completing a course in science or
engineering, and has a three-year or more experience of being engaged in the practical services for verification of meteorological instruments;
(b) A person who has knowledge and experience equal to or higher than those of a person referred to in (a).
(iii) The applicant for registration, as one controlled by a person who is engaged in the business of manufacturing, importing, or selling the
meteorological instruments prescribed in Article 9 (hereinafter referred to as
"meteorological instrument manufacturer, etc." in this item and Article 32-10, paragraph (2)), falls under none of the following:
(a) In the case where the applicant for registration is a stock company
corporation, its parent juridical person (which means a parent corporation prescribed in Article 879, paragraph (1) of the Companies Act (Act No. 86
of 2005)) is a meteorological instrument manufacturer, etc.;
(b) More than half of the officers of the applicant for registration (in the case
of a membership company (which means a membership company prescribed in Article 575, paragraph (1) of the Companies Act), the members who
execute its operation) are officers or employees of a meteorological
instrument manufacturer, etc. (including those who have been officers or employees of said meteorological instrument manufacturer, etc. in the past two years);
(c) The applicant for registration (or in the case of a juridical person, the officer who has the authority of representation) is an officer or employee of a meteorological instrument manufacturer, etc. (or has been an officer or
employee of said meteorological instrument manufacturer, etc. in the past two years).
(2) The Director-General of the Japan Meteorological Agency shall not designate any applicant for registration who falls under any of the following items:
(i) A person who has been sentenced to a fine or severer punishment pursuant
to the provisions of this Act and for whom two years have not elapsed since
the date when the execution of the sentence was completed or the date when he/she has ceased to be amenable to the execution thereof;
(ii) A person who has had his/her registration rescinded pursuant to the
provisions of Article 32-13, paragraph (1) or paragraph (2) and for whom two years have not elapsed since the date of the rescission;
(iii) In the case of a juridical person, it has any officer falling under any of the preceding two items.
(3) Registration shall be made with the following matters entered in the registry
of registered verification bodies:
(i) Date of registration and registration number;
(ii) Name or trade name and address of the registered verification body, and the name of its representative if it is a juridical person;
(iii) Location of the office where the registered verification body administers verification affairs;
(iv) Scope of the verification performed by a registered verification body; (v) In addition to what is listed in each of the preceding items, matters
specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Public Notice of Registration, etc.)
Article 32-5 (1) The Director-General of the Japan Meteorological Agency shall, upon registering as set forth in Article 9, publicly notify matters listed in item (ii) to item (v) inclusive of paragraph (3) of the preceding Article, and the date of commencement of verification affairs.
(2) A registered verification body shall, when intending to change matters listed
in item (ii), item (iii), or item (v) of the preceding Article, paragraph (3), notify the Director-General of the Japan Meteorological Agency of said intention at
least two weeks prior to the date when the change is scheduled.
(3) The Director-General of the Japan Meteorological Agency shall, when notified pursuant to the provisions set forth in the preceding paragraph, publicly notify to that effect.
(Renewal of Registration)
Article 32-6 (1) The registration set forth in Article 9 shall, unless renewed at an interval prescribed by Cabinet Order between five years or more and ten years
or less, cease to be effective upon expiration of said period.
(2) The provisions of Articles 32-3 and Article 32-4 shall apply mutatis mutandis to the renewal of registration set forth in the preceding paragraph.
(Obligation of Verification)
Article 32-7 (1) A registered verification body shall, upon receipt of an application for verification, conduct a verification test without delay except when there are justifiable grounds not to do so.
(2) A registered verification body shall, with respect to the measuring
instruments listed in the right-hand column of the appended table, undergo calibrations by the Director-General of the Japan Meteorological Agency or
calibrations pursuant to the provisions of Article 135 or Article 144 of the
Measurement Act.
(3) In addition to what is provided for in the preceding paragraph, a registered verification body shall conduct a verification test fairly by a method which
complies with the requirements listed in Article 32-4, paragraph (1), item (i)
and item (ii).
(Rules of Administration for Verification Affairs)
Article 32-8 (1) A registered verification body shall formulate rules concerning verification affairs (hereinafter referred to as "rules of administration for
verification affairs") and prior to commencing verification affairs, so notify the
Director-General of the Japan Meteorological Agency. The same shall apply when it intends to change them.
(2) The rules of administration for verification affairs shall prescribe the methods of administering verification affairs, the fees relating to verification, and other matters specified by Ordinance of the Ministry of Land, Infrastructure,
Transport and Tourism.
(Suspension and Abolition of Verification Affairs)
Article 32-9 (1) A registered verification body shall, when intending to suspend or abolish all or part of verification affairs, notify the Director-General of the Japan Meteorological Agency of said intention in advance pursuant to the
provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and
Tourism.
(2) The Director-General of the Japan Meteorological Agency shall, upon receipt of the notification set forth in the preceding paragraph, publicly notify to that effect.
(Maintenance, Accessing, etc. of Financial Statements, etc.)
Article 32-10 (1) A registered verification body shall, within three months after the end of each business year, prepare an inventory of property, a balance
sheet, a profit and loss statement or an income and expenditure account, and a
business report for the business year (including an electromagnetic record
(which means any record that is prepared by electronic, magnetic, or other means unrecognizable by human perception, and is provided for information processing by a computer; hereinafter the same shall apply in this Article) in cases where an electromagnetic record is prepared in lieu of the preparation
thereof in the form of paper documents; referred to as "financial statements,
etc." in the following paragraph and item (ii) of Article 50) and maintain them at its office for a period of five years.
(2) Meteorological instrument manufacturers, etc. and other interested persons
may make the following requests at any time within the service hours of a
registered verification body; provided, however, that to make any request set forth in item (ii) or item (iv), the fee specified by the registered verification
body shall be paid:
(i) When financial statements, etc. are prepared in the form of paper
documents, a request for accessing or copy of said paper documents;
(ii) A request for a transcript or extract of the paper documents set forth in the preceding item;
(iii) When financial statements, etc. are prepared in the form of an
electromagnetic record, a request for accessing or copy of the matters recorded on said electromagnetic record which are shown by a means
specified by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
(iv) A request for provisions of the matters recorded on an electromagnetic
record set forth in the preceding item by an electromagnetic means specified
by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, or a request for delivery of paper documents containing said matters.
(Order for Conformity)
Article 32-11 The Director-General of the Japan Meteorological Agency may,
when he/she finds that a registered verification body no longer conforms to any of the items of Article 32-4, paragraph (1), order the registered verification
body to take necessary measures to ensure conformity to the provisions of said
items.
(Order for Improvement)
Article 32-12 The Director-General of the Japan Meteorological Agency may, when he/she finds that a registered verification body is in violation of any provisions of Article 32-7, order the registered verification body to administer the verification affairs under the provisions of the same Article or take necessary measures to improve the methods of verification and other
operational methods.
(Rescission of Registration, etc.)
Article 32-13 (1) When a registered verification body has come under item (i) or item (iii) of Article 32-4, paragraph (2), the Director-General of the Japan Meteorological Agency shall rescind its registration.
(2) When a registered verification body falls under any of the following items, the
Director-General of the Japan Meteorological Agency may rescind its
registration or order the suspension of verification affairs, in whole or in part, for a specified period of time:
(i) When a registered verification body is found to no longer conform to any of the items of Article 32-4, paragraph (1);
(ii) When a registered verification body has violated any provisions of Article
32-5, paragraph (2), Article 32-8, Article 32-9, paragraph (1), Article 32-10, paragraph (1), or Article 24-13 as applied mutatis mutandis pursuant to
Article 32-15;
(iii) When a registered verification body has rejected the request under the
provisions of each item of Article 32-10, paragraph (2), without justifiable grounds;
(iv) When a registered verification body has violated any of the orders under the provisions of the preceding two Articles;
(v) When a registered verification body has obtained the registration set forth in Article 9 by wrongful means.
(3) When the Director-General of the Japan Meteorological Agency has rescinded the registration set forth in Article 9 pursuant to the provisions of paragraph (1) or the preceding paragraph or ordered the suspension of verification affairs, in whole or in part, pursuant to the provisions of the same paragraph, he/she
shall publicly notify to that effect.
(Administration of Verification Affairs by the Director-General of the Japan
Meteorological Agency)
Article 32-14 (1) The Director-General of the Japan Meteorological Agency may
administer all or part of the verification affairs him/herself when no person has obtained the registration set forth in Article 9, the Director-General of the
Japan Meteorological Agency has been notified by a registered verification body of the suspension or abolition of verification affairs, in whole or in part,
pursuant to the provisions of Article 32-9, paragraph (1), the Director-General of the Japan Meteorological Agency has rescinded the registration set forth in Article 9 pursuant to the provisions of the preceding Article, paragraph (1) or
paragraph (2), the Director-General of the Japan Meteorological Agency has
ordered a registered verification body to suspend all or part of the verification affairs pursuant to the provisions of the same paragraph, it has become
difficult for a registered verification body to administer all or part of
verification affairs due to a natural disaster or for other reasons, or the Director-General of the Japan Meteorological Agency otherwise finds it necessary to do so.
(2) When the Director-General of the Japan Meteorological Agency administers verification affairs pursuant to the provisions of the preceding paragraph or
ceases to administer the verification affairs in which he/she is engaged
pursuant to the provisions of the same paragraph, he/she shall publicly notify to that effect in advance.
(3) The handover of verification affairs and other necessary matters shall, in the case where the Director-General of the Japan Meteorological Agency
administers all or part of verification affairs pursuant to the provisions of
paragraph (1), be prescribed by Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Application Mutatis Mutandis)
Article 32-15 The provisions of Article 24-13 shall apply mutatis mutandis to a registered verification body. In this case, the term "examination affairs" in the same Article shall be deemed to be replaced with "verification affairs."
(Type Certification Fee, etc.)
Article 33 A person who intends to obtain the type certification set forth in
Article 32, paragraph (1) or the authorization set forth in Article 32-2,
paragraph (1), undergo the calibrations by the Director-General of the Japan
Meteorological Agency set forth in the same paragraph, item (ii), Article 32-4,
paragraph (1), item (i), or Article 32-7, paragraph (2), or take a verification test conducted by the Director-General of the Japan Meteorological Agency
pursuant to the provisions of Article 32-14, paragraph (1) shall pay to the State a fee of which the amount is determined by Ordinance of the Ministry of Land,
Infrastructure, Transport and Tourism in light of the actual cost.
(Detailed Matters)
Article 34 The form of a verification mark, the form and re-delivery of a verification certificate and type certificate, and other detailed matters concerning verification, type certification, authorized measurer(s), and
registered verification body(bodies) shall be prescribed by Ordinance of the
Ministry of Land, Infrastructure, Transport and Tourism.
Chapter VI Miscellaneous Provisions
(Meteorological Certification, etc.)
Article 35 (1) The Japan Meteorological Agency, at the request of public, undertakes to certify and appraise the facts concerning meteorological phenomena, terrestrial phenomena, and hydrological phenomena.
(2) A person who intends to obtain the certification or appraisal set forth in the
preceding paragraph shall pay a fee pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Issuance of Publications, etc.)
Article 36 In addition to what is provided for in Article 11, the Japan
Meteorological Agency shall, for the sake of general use, announce the results of observations, investigations, and research concerning meteorological
phenomena, terrestrial phenomena, tremors and ground deformations,
terrestrial magnetism, terrestrial electricity, and hydrological phenomena, and statistics thereof by issuance of publications or other means.
(Preservation of Meteorological Instruments, etc.)
Article 37 No person shall, without justifiable grounds, destroy or relocate any meteorological instruments installed outdoors by the Japan Meteorological
Agency or a person who performs meteorological observations which shall be made in accordance with the technical standards pursuant to the provisions of
Article 6, paragraph (1) or paragraph (2) or any warning signs concerning
meteorological phenomena, terrestrial phenomena (for earthquakes, limited to earthquake ground motions), tsunamis, storm surges, high waves, or floods, or otherwise conduct any acts detrimental to the effects of said meteorological
instruments or signs.
(Entry on Land or Water Surface)
Article 38 (1) In cases it is necessary for performing observations of
meteorological phenomena, terrestrial phenomena, tremors and ground
deformations, terrestrial magnetism, terrestrial electricity, or hydrological phenomena, the Director-General of the Japan Meteorological Agency may cause the staff members engaging in said services to enter land or a water
surface which is owned, possessed, or occupied by the State, a local government,
or a private person.
(2) In cases the Director-General of the Japan Meteorological Agency cause the staff members to enter either a building lot or a plot of land or water surface enclosed with fences, rails, etc. pursuant to the provisions of the preceding
paragraph, he/she shall so notify the owner, possessor, or occupant thereof in
advance. However, this shall not apply when it is difficult to so notify said person in advance.
(Removal of Obstacles, etc.)
Article 39 (1) In cases there is an unavoidable necessity for performing
observations of meteorological phenomena, terrestrial phenomena, tremors and ground deformations, terrestrial magnetism, terrestrial electricity, or
hydrological phenomena, the Director-General of the Japan Meteorological
Agency may cause the staff members engaging in said services to clear or
remove the plants, fences, rails, etc. that would cause interference by obtaining prior approval from the owner or possessor thereof.
(2) In the case of observing meteorological phenomena, terrestrial phenomena,
tremors and ground deformations, terrestrial magnetism, terrestrial electricity, or hydrological phenomena in an isolated island, a lake or swamp, a forest, a
wilderness area, or a place similar thereto, if it is difficult to obtain prior
approval from the owner or possessor thereof and no considerable damage is inflicted on the existing state of said property, the Director-General of the
Japan Meteorological Agency may, notwithstanding the provisions of the
preceding paragraph, cause the staff members engaging in said services to clear or remove the plants, fences, rails, etc. that would cause interference
without obtaining approval from the owner or possessor thereof. In this case,
the Director-General of the Japan Meteorological Agency shall promptly notify the owner or possessor to that effect.
(Compensation for Loss)
Article 40 (1) In the event any loss has arisen from the entry, clearing, or removal under the provisions of the preceding two Articles, the State shall compensate the sufferer thereof for the loss that would normally arise.
(2) The amount of compensation set forth in the preceding paragraph shall be
decided by the Director-General of the Japan Meteorological Agency.
(3) A person who is dissatisfied with the decision set forth in the preceding
paragraph may demand an increase in the amount of compensation by bringing an action within six months from the date that the decision came to his/her
knowledge.
(4) In the action set forth in the preceding paragraph, the State shall be the defendant.
(Conditions Attached to License, etc.)
Article 40-2 (1) Conditions may be attached to a license or approval, and such conditions may be changed.
(2) The conditions set forth in the preceding paragraph shall be limited to the
minimum necessary to ensure the public interest, and shall not be such as to impose unreasonable obligations on a person who obtains said license or
approval.
(Reports and Inspections)
Article 41 (1) The Director-General of the Japan Meteorological Agency may,
within the limits necessary for enforcement of this Act, cause a person who has obtained a license pursuant to the provisions of Article 17, paragraph (1) or
Article 26, paragraph (1) or any of the vessels set forth in Article 7, paragraph
(1) to report on the meteorological services thereof.
(2) The Director-General of the Japan Meteorological Agency may, within the limit necessary for enforcement of this Act, cause the designated examining body, a center, or a registered verification body to report on the services
thereof.
(3) The Director-General of the Japan Meteorological Agency may, within the
limit necessary for enforcement of this Act, cause an authorized measurer to report on the services thereof.
(4) The Director-General of the Japan Meteorological Agency may, within the
limit necessary for enforcement of this Act, cause its staff members to enter the business office, or the place where observations are performed, of a person who has obtained a license pursuant to the provisions of Article 17, paragraph (1) or Article 26, paragraph (1) or a person who performs meteorological observations
that shall be made in accordance with the technical standards pursuant to the
provisions of Article 6, paragraph (1) or paragraph (2), or any of the vessels set forth in Article 7, paragraph (1), inspect meteorological records, meteorological instruments, or other articles, or ask relevant persons questions.
(5) The Director-General of the Japan Meteorological Agency may, within the
limit necessary for enforcement of this Act, cause its staff members to enter the office of the designated examining body, a center, or a registered verification body, inspect the status of services, or books, documents, and other articles, or
ask relevant persons questions.
(6) The Director-General of the Japan Meteorological Agency may, within the
limit necessary for enforcement of this Act, cause its staff members to enter the office of an authorized measurer, inspect the status of services, or books,
documents, and other articles, or ask relevant persons questions.
(7) The authority under the provisions of the preceding three paragraphs shall not be construed as being vested for criminal investigations.
(Certificate Card of Identification)
Article 42 Any staff member who is engaged in said services pursuant to the
provisions of Article 38, Article 39, or the preceding Article, paragraph (4) to paragraph (6) inclusive shall carry an identification card and show it upon request by any person concerned.
(Acceptance of Entrustment of Specialized Services)
Article 43 (1) The Japan Meteorological Agency may, to the extent that no
performance of its services is interfered with, perform, at the request of public, specialized observations, forecasts, collection and preparation of information, investigations, and research concerning meteorological phenomena, terrestrial phenomena, tremors and ground deformations, terrestrial magnetism,
terrestrial electricity, and hydrological phenomena, and matters closely
relevant thereto, provide the guidance therefor, and carry out the designing, manufacturing, verification, repairing, and conditioning of meteorological
instruments as well as apparatuses, implements, and devices used in
observations of tremors and ground deformations, terrestrial magnetism, and terrestrial electricity.
(2) A person who makes the entrustment set forth in the preceding paragraph shall pay a fee pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Consultation with the Council of Transport Policy, etc.)
Article 43-2 (1) The Council of Transport Policy shall, in response to
consultation from the Director-General of the Japan Meteorological Agency, investigate and deliberate the matters listed in the items of Article 3 and other
important matters concerning meteorological services.
(2) The Council of Transport Policy may, with regard to the matters prescribed in the preceding paragraph, state its opinions to relevant administrative organs.
(Transitional Measures)
Article 43-3 When any order is established, revised, or abolished pursuant to the provisions of this Act, required transitional measures (including transitional measures concerning penal provisions) may be prescribed by said order to the
extent that they are judged to be reasonably necessary in connection with such
establishment, revision, or abolition.
(Delegation of Authority)
Article 43-4 (1) The authority of the Director-General of the Japan
Meteorological Agency prescribed in this Act may, pursuant to the provisions of
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, be
delegated in part to the head of a District Meteorological Observatory, the head of the Okinawa Meteorological Observatory, or the head of a Marine
Meteorological Observatory.
(2) The authority delegated to the head of a District Meteorological Observatory, or the head of the Okinawa Meteorological Observatory pursuant to the
provisions of the preceding paragraph may be delegated in part to the head of a
Local Meteorological Observatory, pursuant to the provisions of Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
(Delegation to Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 43-5 In addition to what is provided for in this Act, procedures and other
matters necessary for implementation of this Act shall be prescribed by
Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter VII Penal Provisions
Article 44 A person who has violated the provisions of Article 37 shall be
punished by imprisonment with work for not more than three years or a fine of not more than 1,000,000 yen, or both.
Article 45 A person who falls under any of the following items shall be punished by imprisonment with work for not more than one year or a fine of not more
than 500,000 yen:
(i) A person who has, in violation of the provisions of Article 24-10, paragraph
(1), divulged any secrets that come to his/her knowledge in connection with
his/her duties;
(ii) In the case where the designated examining body has violated the order of suspension of examination affairs under the provisions of Article 24-16,
paragraph (2), any officer or employee of the designated examining body that has committed such violation;
(iii) In the event a center has violated an order of suspension of services
prescribed in Article 24-29 under the provisions of Article 24-16, paragraph
(2), as applied mutatis mutandis pursuant to Article 24-33, any officer or employee of the center that has committed such a violation;
(iv) In the event a registered verification body has violated an order of
suspension of verification affairs under the provisions of Article 32-13,
paragraph (2), any officer or employee of the registered verification body that committed the violation.
Article 46 A person who falls under any of the following items shall be punished by a fine of not more than 500,000 yen:
(i) A person who has violated the provisions of Article 9;
(ii) A person who has, in violation of the provisions of Article 17, paragraph (1), performed forecasting services without a license;
(iii) A person who has, in violation of the provisions of Article 19, changed the purpose or scope of the forecasting services without obtaining approval;
(iv) A person who has, in violation of the provisions of Article 19-3, caused any person other than a certified weather forecaster to perform predictions of
phenomena;
(v) A person who has violated an order of suspension of services under the
provisions of Article 21 (including cases where applied mutatis mutandis pursuant to Article 26, paragraph (2));
(vi) A person who has, in violation of the provisions of Article 23, given warnings;
(vii) A person who has, in violation of the provisions of Article 26, paragraph
(1), performed the services for announcing the results of meteorological observations without obtaining a license.
Article 47 A person who falls under any of the following items shall be punished by a fine of not more than 300,000 yen:
(i) A person who has violated the order under the provisions of Article 20-2
(including the case where it is applied mutatis mutandis pursuant to Article
26, paragraph (2));
(ii) A person who has refused or obstructed the entry under the provisions of
Article 38, paragraph (1);
(iii) A person who has failed to make the report under the provisions of Article
41, paragraph (1) or paragraph (3), or submitted a false report;
(iv) A person who has refused, obstructed, or avoided the inspections under the provisions of Article 41, paragraph (4) or paragraph (6), or who has failed to make a statement or made a false statement to any of the questions.
Article 48 When falling under any of the following items, any officer or employee of the designated examining body, a center, or a registered verification body
that has committed the respective violation shall be punished by a fine of not more than 300,000 yen:
(i) When the designated examining body, a center, or a registered verification body has, in violation of the provisions of Article 24-13 (including the case
where it is applied mutatis mutandis pursuant to Article 32-15), failed to
maintain books, failed to make entries in books, or made false entries in books, or failed to preserve books;
(ii) When the designated examining body, a center, or a registered verification
body has, in violation of the provisions of Article 24-15, paragraph (1)
(including the case where it is applied mutatis mutandis pursuant to Article
24-33), abolished all of examination affairs or all of the services prescribed in
Article 24-29;
(iii) When the designated examining body, a center, or a registered verification body has failed to make the notification under the provisions of Article 32-9, paragraph (1), or made false notification;
(iv) When the designated examining body, a center, or a registered verification body has failed to make the report under the provisions of Article 41,
paragraph (2), or made a false report;
(v) When the designated examining body, a center, or a registered verification body has refused, obstructed, or avoided the inspections under the provisions of Article 41, paragraph (5), or has failed to make a statement or make a
false statement to any of the questions.
Article 49 When a representative of a juridical person, or an agent of a juridical person or individual, or an employee or other worker of a juridical person or
individual has conducted any of the violations set forth in Article 44, Article 46,
or Article 47 in connection with the services of said juridical person or
individual, not only shall the offender be punished but also said juridical
person or individual shall be punished by the fine prescribed in the respective
Articles.
Article 50 A person who falls under any of the following items shall be punished by non-penal fine of not more than 200,000 yen:
(i) A person who has failed to provide notification under the provisions of
Article 22 (including cases where applied mutatis mutandis pursuant to
Article 26, paragraph (2)), or provided false notification;
(ii) A person who has, in violation of the provisions of Article 32-10, paragraph (1), failed to maintain financial statements, etc., failed to enter matters in financial statements, etc., made false entries in financial statements, etc., or refused any requests under the provisions paragraph (2) of the same Article without justifiable grounds.
Appended Table (Re: Art. 9, Art. 28, Art. 32-4, Art. 32-7)