Submitted by the experts of the EC and Japan
IWVTA-09-07
Review of the 1958 Agreement
Objective:
Increase its attractiveness for emerging countries
Proposed action:
Consider possibility of issuing and
accepting type-approvals according to
earlier versions of UN Regulations
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Proposals to review the 1958 Agreement (WP.29-155-27)
WP.29 in November 2011:
1. confirmed the objectives to review the 1958 Agreement:
“The future direction for the 1958 Agreement should aim,
among others, at fostering the participation of more countries
and regional economic integration organizations in the
activities of the World Forum and to increase the number of
Contracting Parties to the Agreement, by improving its
functioning and reliability, and thus ensuring that it remains
the key international framework for the harmonization of
technical regulations in the automobile sector.”
2. agreed on the inventory of proposed actions, including
those aimed at addressing the confirmed objective to
make the 1958 Agreement more attractive.
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Automotive industry
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Proposed actions to make 1958 Agreement more attractive:
1.
Amend Article 12 to clarify the concepts of options (in particular when
different levels of stringency are needed to facilitate the application of
the Regulation by certain CPs) and alternatives, whilst maintaining the
principles that CPs have to accept TA issued in accordance with the latest
version of a Regulation, even if these CPs apply an earlier version (or a
lower level of stringency). Amend the relevant provisions of Chapter V of
WP.29/2011/48/Rev.1 or later revision.
9. Consider to add a new article 7 to Appendix 1 of the 1958 Agreement which
enable a CP to delegate in writing its presence for the purpose of the
determination of the quorum and its right to vote on its behalf to another
CP or regional economic integration organization to which the CP belongs.
11. Clarify the consequences for CPs having objected to the Regulation/
Amendment with regard to its entry into force, in particular in relation to
the principle laid down in Article 12 that CPs applying a Regulation but not
applying the latest version (series of amendments) of a Regulation have to
accept TA issued in accordance with the latest version (series of
amendments) of that Regulation.
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Automotive industry
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Proposed actions to make 1958 Agreement more attractive:
14.
Consider further clarifying in Article 12 the principles of mutual recognition
of type-approvals in relation to the latest and previous amendments to
Regulations. (CPs applying the latest version not obliged to accept TA
according to earlier versions + CPs applying earlier versions cannot refuse
TA according to the latest version of a Regulation).
15. Maintain and confirm the rights of new Contracting Parties to the 1958
Agreement to declare that they will not apply certain Regulations or any
of them (as an element to maintain the attractiveness of the 1958
Agreement for new candidate CPs).
16. Right to cease application of a Regulation: No change, maintain this right
(as an element to maintain the attractiveness of the 1958 Agreement for
new candidate CPs).
17. Right to start applying a Regulation at a later stage: No change, maintain
this right (as an element to maintain the attractiveness of the 1958
Agreement for new candidate CPs).
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Proposed actions to make 1958 Agreement more attractive:
19.
Clarify – through WP.29/2011/48/Rev.1 or later revision - that countries
which are using self-certification in their national legislation, are not
prevented from becoming Contracting Party to the 1958 Agreement and
to apply its UN Regulations (based on the principles of type-approval)
provided they adhere to the principle that type-approvals issued according
to the UN Regulations they apply, shall be accepted as an alternative to
their national legislation.
44.
Application of UN Regulations nationally is not related to the existence of
a type approval system.
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
50.
Consider the appropriateness of maintaining the exclusion clause for new
Contracting Parties in Article 11.
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4
Proposed actions to make 1958 Agreement more attractive:
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
IVWTA-08: two different - but separate - issues discussed:
1. EC pointed out that amendment of Article 11 would be more preferable to
that of Article 12 for the purpose of maintaining older versions as options.
EC might consider a new mechanism in Article 11, if it would be considered
necessary.
2. OICA responded that amendment of Article 11 would solve the problem
with CPs who want to apply an older version of a UN Regulation but
would not solve the problem with CPs who apply the latest version and
still want to issue a type approval in accordance with the older version to
be used for other CPs who apply the older version.
This document addresses only 1st issue:
How could new CPs start applying an older version of a UN Regulation
as an entry level for acceding to the 1958 Agreement?
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5
Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How could New CPs start applying an older version of a UN Regulation?
Example:
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
new CPs
Series XX
original CPs
have to accept
Series XX type-approvals
do not have to accept
Series XX -1 (or 2,3,..)
type-approvals
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Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How could New CPs start applying an older version of a UN Regulation?
Example:
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
new CPs
Series XX
original CPs
have to accept
Series XX type-approvals
could be made possible by amending
Article 11.3:
…any CP may, in accordance with the
terms of Article 1, declare that it does not
propose to apply certain of the
Regulations, or that it does not propose to
apply any of them, or declare that it does
propose to apply an earlier version of the
Regulations
do not have to accept
Series XX -1 (or 2,3,..)
type-approvals
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Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How could New CPs applying an older version of a UN Regulation move to current version?
Example:
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
A1:
through simple declaration
(e.g. Art. 11.3)?
A2:
other procedure(s)?
Series XX
Q1?
original CPs
Q2?
new CPs
Q1? : procedure for new CPs to move
to current version of the
Regulation (Series XX) ?
have to accept
Series XX type-approvals
do not have to accept
Series XX -1 (or 2,3,..)
type-approvals
Q2? : possibility for new CPs to move to a version between entry level and
current version? (e.g. from Series XX-2 to series XX-1)
A:
See if there is need for this ?
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Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How to involve New CPs applying an older version of a UN Regulation in amending procedure ?
Example:
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
future version
Series XX + 1
Series XX
original CPs
new CPs
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Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How to involve New CPs applying an older version of a UN Regulation in amending procedure ?
Example:
future version
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
new CPs
Series XX
original CPs
Series XX + 1
Q3?
Q3? : involvement of new CPs in
amending procedure for
Series XX+1:
Do new CPs have to apply Series XX before they can
vote on Series XX+1, or can they do so even when they
still apply earlier versions (Series XX-1 (or 2,3,…), and if
so under which conditions?
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Proposed actions to make 1958 Agreement more attractive
45.
Consider the possibility of issuing and accepting type-approvals according
to earlier versions of UN Regulations.
How to involve New CPs applying an older version of a UN Regulation in amending procedure ?
Example:
future version
Regulation Y
Current version
earlier version(s)
Series XX -1(or 2, 3,…)
new CPs
Series XX
Series XX + 1
Q4?
How can new CPs applying earlier
version (or current series XX) vote
original CPs
in favour of new series XX+1, but
maintain possibility of continuing
applying series XX?
A4: Invoke the (amended?) provisions of
Article 12.2 to have series XX
incorporated formally in Regulation Y as
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an alternative to Series XX+1