CONSOLIDATED DRAFTING PROPOSALS FOR THE REVISED 1958 AGREEMENT
The informal group on the review of the 1958 Agreement and on IWVTA decided in March 2012 to establish two sub-groups to assist the informal group in preparing drafting proposals for the revision of the 1958 Agreement and for the new Regulation R0 on IWVTA.
According to its Terms of Reference (IWVTA-SG58-01-03-Rebv.1) the drafting subgroup for the review of the 1958 Agreement has to revise the Articles and Appendices of the 1958 Agreement giving full consideration to the proposed actions listed in the document WP.29-155-27 Annex 1.
In addition, the drafting subgroup has also to prepare a draft text for the “placeholder” and consider a specific amendment procedure for this “placeholder”, and submit them to the IWVTA Informal Group for further consideration.
The drafting subgroup for the review of the 1958 Agreement has held two meetings, respectively in June and September 2012, with work being carried forward in between by means of a correspondence group.
The subgroup meeting of September resulted in a list of agreements, outstanding issues and action items (IWVTA-SG58-03-01).
The attached document, containing consolidated drafting proposals for the revised 1958 Agreement, is aimed at addressing each of the action items, based on the listed agreements and at proposing a possible approach towards solving the outstanding issues as follows:
· All relevant proposed actions listed in document WP.29-155-27 Annex 1, in as far as they could be fully addressed, are identified by means of comment boxes. For the few remaining action items still to be addressed a corresponding reminder note has been marked in the comment box (e.g. Article 4)
· The drafting proposals are developed to reflect the two main principles that have been agreed to make the revised 1958 Agreement more attractive, i.e. that CPs can start "applying" a Regulation based on an older version, but that CPs applying a Regulation based on an older version has to accept type-approvals based on any later version of the Regulation, including the latest one.
· With regard to action items 1 and 2, the following approach is envisaged
o For the outstanding issue related to the granting of approvals, the attached drafting proposals foresee that CPs can only issue approvals up to the version of the Regulation they are applying, i.e. in case a CP applies an older version, it cannot issue type approvals based on later versions of that Regulation (see draft article 2.5)
o On the other outstanding issue related to the right of all CPs applying a Regulation, irrespective of the version they are applying, to participate in the preparation and voting of future amendments to the Regulation, the attached drafting proposal does not make any distinction in this respect between CPs applying the latest version of the Regulation and those applying earlier versions of the Regulation. (voting procedure as specified in Appendix 1, article 6 remains unchanged).
· With regard to action item 3, the approach envisaged is to subscribe to the principle of agreement 3 and the fact that this principle needs not to be addressed in the text of the revised 1958 Agreement.
· With regard to action item 5, the attached drafting proposal aims at limiting the changes to the wording of the current 1958 Agreement to a strict minimum, but at the same time addressing the proposed actions as endorsed by WP.29. Within the same objective, the preliminary idea to also consider restructuring the order of the Articles has not been further pursued.
· Agreement 4 has been addressed by including the provisions for virtual testing (see Appendix 2, Chapter 3, §1.8 and Chapter 6.
· Action item 6 has been addressed by reinstating the reference to "competent authority" where appropriate.
· Action item 7 (alignment of Chapter 3 of Appendix 2 with R0) remains outstanding until discussions on R0 have been finalised. The same applies for action item 8 (see article 4 – need to complement the safeguard provisions for conform products representing a serious risk).
· Action item 9 has been addressed, by completing the drafting proposals for the remaining Articles.
The member of the drafting sub-group are invited to consider these drafting proposals with a view to proceed with further finalising them at the next sub-group meeting on the 7th of November 2012 and their presentation to the IWVTA group on the 9th of November 2012.
E/ECE/324
E/ECE/TRANS/505}
5 October 1995 dd/mm/201y
ENGLISH
Original: ENGLISH and FRENCH
ECONOMIC COMMISSION FOR EUROPE
INLAND TRANSPORT COMMITTEE
AGREEMENT
CONCERNING THE ADOPTION OF UNIFORM HARMONISED TECHNICAL PRESCRIPTIONS REGULATIONS
FOR WHEELED VEHICLES, EQUIPMENT AND PARTS WHICH CAN BE FITTED AND/OR
BE USED ON WHEELED VEHICLES AND THE CONDITIONS FOR RECIPROCAL RECOGNITION
OF APPROVALS GRANTED ON THE BASIS OF THESE PRESCRIPTIONS REGULATIONS */
Revision 2 3
(Including the amendments entered into force on 16 October 1995 dd/mm/201y)
UNITED NATIONS
______
*/ Former title of the Agreement:
Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition ofApproval for Motor Vehicle Equipment and Parts, done at Geneva on 20 March 1958.
E/ECE/324
E/ECE/TRANS/505} Rev.2 3 page 15
AGREEMENT CONCERNING THE ADOPTION OF UNIFORM HARMONISED TECHNICAL REGULATIONS PRESCRIPTIONS FORWHEELED VEHICLES, EQUIPMENT AND PARTS WHICH CAN BE FITTED AND/OR BE USED ON WHEELED VEHICLES AND THE CONDITIONS FOR RECIPROCAL RECOGNITION OF APPROVALS GRANTED ON THE BASIS OF THESE PRESCRIPTIONS REGULATIONS. [*]/
Preamble
THE CONTRACTING PARTIES,
HAVING DECIDED to revise amend the amended Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts, done at Geneva on 20March1958, and
DESIRING to define uniform harmonised technical prescriptions Regulations that it will suffice for certain wheeled vehicles, equipment and parts to fulfil in order to be used in their countries or regions,
DESIRING to adopt apply these prescriptions Regulations whenever possible in their countries or regions, and,
DESIRING to facilitate the use acceptance in their countries of the vehicles, equipment and parts, where approved according to these prescriptions Regulations by the competent approval authorities of another Contracting Party,
DESIRING to reduce technical barriers to international trade through harmonizing existing regulations of Contracting Parties and developing new UN Regulations governing safety, environmental protection, energy efficiency and anti-theft performance of wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles, and to adapt existing UN Regulations to the technical progress consistent with the achievement of high levels of safety and environment protection,
DESIRING to ensure that, where alternative levels of stringency are needed to facilitate the regulatory activities of certain countries, in particular emerging economies, such needs are taken into consideration in developing and establishing UN Regulations,
HAVE AGREED as follows:
Article 1
1. The Contracting Parties shall establish through an Administrative Committee made up of all the Contracting Parties in conformity with the rules of procedure set out in Appendix 1 and on the basis of the following articles and paragraphs, Regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles. Where necessary the technical requirements will include alternatives and when possible they will be performance oriented and include test methods. Conditions for granting type approvals and their reciprocal recognition will be included for use by Contracting Parties who choose to implement Regulations through type approval.
A Regulation Regulations annexed to this Agreement shall cover the following:
(a) Description of the types of wheeled vehicles, equipment or parts concerned covered by their scope;
(b) Technical requirements, which if necessary shall be expressed in terms of performance oriented criteria, taking due consideration of best available technology, relative benefits and cost effectiveness. Subject to the provisions of Article 12, the technical requirements may include alternatives;
(c) Test methods by which any compliance with the technical performance requirements are to be demonstrated;
(d) Conditions for granting type approval and their reciprocal recognition including any details on the approval markings and on the conditions for ensuring conformity of production.
(e) The date(s) on which the Regulation enters into force, i.e. as from which Contracting Parties applying the Regulation can issue approvals pursuant to that Regulation.
The Regulation may, if needed in addition, include references to the laboratories accredited by the competent authorities where acceptance tests of the types of wheeled vehicles, equipment or parts submitted for approval must be carried out.
Amendments to a Regulation shall include transitional provisions relating to the entry into force of the amended Regulation, the date as from which the vehicle, equipment or part covered by the scope of the amendment has to comply with the requirements of the amended Regulation, and the date until which Contracting Parties have to accept approvals pursuant the previous version of the Regulation.
For the purposes of this Agreement:
The term "wheeled vehicles, equipment and parts" shall include any wheeled vehicles, equipment and parts whose characteristics have a bearing on road safety, protection of the environment and energy saving;
The term "type approval pursuant to a Regulation" indicates an administrative procedure by which the competent authorities of one a Contracting Party declare, after carrying out the required verifications, that a type of vehicle, equipment or parts submitted by the manufacturer conform to complies with the requirements of the given Regulation. Afterwards the manufacturer certifies that each vehicle, equipment or parts put on the market were produced to be identical with the approved product.
For the application of the Regulations there could be various administrative procedures alternative to type approval. The only alternative procedure generally known and applied in certain Member States of the Economic Commission for Europe is the self-certification by which the manufacturer certifies, without any preliminary administrative control, that each product put on the market conforms to the given Regulation; the competent administrative authorities may verify by random sampling on the market that the self-certified products comply with the requirements of the given Regulation.
2. The Administrative Committee referred to in paragraph 1 shall be composed of all the Contracting Parties in accordance with the rules of procedure set out in Appendix 1.
ANewRegulations and amendments to Regulations, after having been established in accordance with the procedure indicated in Appendix1, shall be communicated by the Administrative Committee to the Secretary-General of the United Nations, hereinafter called "Secretary-General". As soon as possible thereafter the Secretary-General shall give notification of this new Regulation or amendment to a Regulation to the Contracting Parties.
New The Regulations and amendments to Regulations will be considered as adopted unless, within a period of six months from its notification by the Secretary-General, more than one-third of the Contracting Parties at the time of notification have informed the Secretary-General of their disagreement with thenew Regulation or amendment to a Regulation. This period of six months shall be reduced to [three] months in case of justified and urgent need to address safety or environmental problems, provided that more than two-thirds of the Contracting Parties at the time of the notification have informed the Secretary-General of this urgent need.
The Regulation shall cover the following:
(a)Wheeled vehicles, equipment or parts concerned;
(b)Technical requirements, which if necessary may include alternatives;
(c)Test methods by which any performance requirements are to be demonstrated;
(d)Conditions for granting type approval and their reciprocal recognition including any approval markings and conditions for ensuring conformity of production.
(e)The date(s) on which the Regulation enters into force.
The Regulation may, if needed, include references to the laboratories accredited by the competent authorities where acceptance tests of the types of wheeled vehicles, equipment or parts submitted for approval must be carried out.
3. When a new Regulation or an amendment to a Regulation has been adopted the Secretary-General shall so notify as soon as possible all the Contracting Parties, specifying which Contracting Parties have objected notified their disagreement and in respect of which the new Regulation or an amendment to a Regulation shall therefore not enter into force.
4.1 The adopted Regulation or an amendment to a Regulation shall enter into force on the date(s) specified therein as a Regulation annexed to this Agreement and shall apply for all Contracting Parties which did not notify their disagreement.
4.2 The A Contracting Partiesy for which a Regulation or an amendment to a Regulation is has entered into force shall hereinafter be referred to as "the a Contracting Partiesy applying a Regulation"
4.3 Contracting Parties for which an amendment to a Regulation has not entered into force and which continue to apply an earlier version of the Regulation shall, in accordance with the provisions of Article 12.2, accept type-approvals issued pursuant to the adopted amendment to the Regulation.
4.4 Contracting Parties for which an amendment to a Regulation has entered into force, cannot be obliged to accept type approvals issued pursuant to earlier versions of that Regulation, unless the transitional provisions of the adopted amendment to the Regulation specify a transitional period during which approvals issued pursuant to the previous version of the Regulation have to be accepted.
5. When depositing its instrument of accession, any new Contracting Party may declare that it is not bound by certain Regulations or amendments to Regulations then annexed to this Agreement or that it is not bound by any of them. If, at that time, the procedure laid down in paragraphs 2, 3, and 4 of this Article is in progress for a draft or adopted Regulation or amendment to a Regulation, the Secretary-General shall communicate such draft or adopted Regulation or amendment to a Regulation to the new Contracting Party and it shall enter into force as a Regulation for the new Contracting Party only under the conditions specified in paragraph 4 of this Article. The Secretary-General shall notify all the Contracting Parties of the date of such entry into force for the new Contracting Party. The Secretary-General shall also communicate to them all declarations concerning the non-application of certain Regulations or amendments thereto that any new Contracting Party may make in accordance with the terms of this paragraph.