1998 Agreement
Name: | 1998 Agreement |
Description: | Agreement for Global Technical Regulations for Wheeled Vehicles and Equipment. |
Official Title: | Agreement Concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or Used on Wheeled Vehicles, Done at Geneva on June 25, 1998. |
Country: | ECE - United Nations |
Date of Issue: | 1998-06-25 |
Amendment Level: | Corrigendum 1 |
Number of Pages: | 19 |
Vehicle Types: | Agricultural Tractor, Bus, Car, Component, Heavy Truck, Light Truck, Motorcycle, Trailer |
Subject Categories: | General, Type Approval and Certification |
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Keywords:
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Text Extract:
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UNITED NATIONS
ECONOMIC COMMISSION FOR EUROPE
INLAND TRANSPORT COMMITTEE
AGREEMENT
CONCERNING THE ESTABLISHING OF GLOBAL TECHNICAL REGULATIONS FOR
WHEELED VEHICLES, EQUIPMENT AND PARTS WHICH CAN BE FITTED AND/OR BE USED
ON WHEELED VEHICLES
DONE AT GENEVA ON JUNE 25, 1998
Corrigendum 1
DESIRING that the technical Regulations applied by the Contracting Parties be given due consideration
through transparent procedures in developing Global Technical Regulations, and that such consideration
include comparative analyses of benefits and cost effectiveness;
RECOGNIZING that establishing Global Technical Regulations providing high levels of protection will
encourage individual countries to conclude that those Regulations will provide the protection and
performance needed within their jurisdiction;
RECOGNIZING the impact of the quality of vehicle fuels on the performance of vehicle environmental
controls, human health, and fuel efficiency; and
RECOGNIZING that the use of transparent procedures is of particular importance in developing Global
Technical Regulations under this Agreement and that this development process must be compatible with
the regulatory development processes of the Contracting Parties to this Agreement;
HAVE AGREED as follows:
1.1. The purpose of this Agreement is:
ARTICLE 1
PURPOSE
1.1.1. To establish a global process by which Contracting Parties from all regions of the world can
jointly develop Global Technical Regulations regarding the 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;
1.1.2. To ensure that, in developing Global Technical Regulations, due and objective consideration
is given to the existing technical Regulations of Contracting Parties, and to the
UN/ECE Regulations;
1.1.3. To ensure that objective consideration is given to the analysis of best available technology,
relative benefits and cost effectiveness as appropriate in developing Global Technical
Regulations;
1.1.4. To ensure that the procedures used in developing Global Technical Regulations are
transparent;
1.1.5. To achieve high levels of safety, environmental protection, energy efficiency, and anti-theft
performance within the global community, and to ensure that actions under this Agreement
do not promote, or result in, a lowering of these levels within the jurisdiction of Contracting
Parties, including the sub-national level;
3.4. The Executive Committee shall have the final authority to decide whether to list Regulations
in the Compendium of Candidate Global Technical Regulations and to establish Global
Technical Regulations under this Agreement.
3.5. The Executive Committee shall, in discharging its functions, use information from all
relevant sources when the Committee deems it appropriate to do so.
ARTICLE 4
CRITERIA FOR TECHNICAL REGULATIONS
4.1. To be listed under Article 5 or established under Article 6, a technical Regulation shall meet
the following criteria:
4.1.1. Provide a clear description of the wheeled vehicles, equipment and/or parts which can be
fitted and/or be used on wheeled vehicles and which are subject to the Regulation.
4.1.2. Contain requirements that:
4.1.2.1. Provide for high levels of safety, environmental protection, energy efficiency or anti-theft
performance; and
4.1.2.2. Wherever appropriate, are expressed in terms of performance instead of design
characteristics.
4.1.3. Include:
4.1.3.1. The test method by which compliance with the Regulation is to be demonstrated;
4.1.3.2. For Regulations to be listed under Article 5, where appropriate, a clear description of
approval or certification markings and/or labels requisite for type approval and conformity of
production or for manufacturer self-certification requirements; and
4.1.3.3. If applicable, a recommended minimum period of lead time, based upon considerations of
reasonableness and practicability, that a Contracting Party should provide before requiring
compliance.
4.2. A Global Technical Regulation may specify alternative non-global levels of stringency or
performance, and appropriate test procedures, where needed to facilitate the regulatory
activities of certain countries, in particular developing countries.
ARTICLE 5
COMPENDIUM OF CANDIDATE GLOBAL TECHNICAL REGULATIONS
5.1. A compendium of technical Regulations of Contracting Parties other than
UN/ECE Regulations that are candidates for harmonization or adoption as Global Technical
Regulations (to be known as the Compendium of Candidates) shall be created and
maintained.
ARTICLE 6
REGISTRY OF GLOBAL TECHNICAL REGULATIONS
6.1. A registry shall be created and maintained for the Global Technical Regulations developed
and established under this Article. The registry shall be known as the Global Registry.
6.2. Establishing Global Technical Regulations in the Global Registry through
Harmonization of Existing Regulations
A Contracting Party may submit a proposal to develop a harmonized Global Technical
Regulation concerning elements of performance or design characteristics addressed either
by technical Regulations listed in the Compendium of Candidates, or by any
UN/ECE Regulations, or both.
6.2.1. The proposal specified in Paragraph 6.2. shall contain:
6.2.1.1. An explanation of the objective of the proposed Global Technical Regulation.
6.2.1.2. A narrative description or, if available, the draft text of the proposed Global Technical
Regulation;
6.2.1.3. Available documentation that may facilitate the analysis of the issues to be addressed in the
report required by Paragraph 6.2.4.2.1. of this Article;
6.2.1.4. A list of all technical Regulations in the Compendium of Candidates, and any
UN/ECE Regulations, that address the same elements of performance or design
characteristics to be addressed by the proposed Global Technical Regulation; and
6.2.1.5. The identification of any known existing relevant international voluntary Standards.
6.2.2. Each proposal specified in Paragraph 6.2.1. of this Article shall be submitted to the
Executive Committee.
6.2.3. The Executive Committee shall not refer to any Working Party any proposal that it
determines does not satisfy the requirements of Article 4 and Paragraph 6.2.1. of this
Article. It may refer all other proposals to an appropriate Working Party.
6.2.4. In response to a proposal referred to it for developing a Global Technical Regulation through
harmonization, the Working Party shall use transparent procedures to:
6.2.4.1. Develop recommendations regarding a Global Technical Regulation by:
6.2.4.1.1. Giving consideration to the objective of the proposed Global Technical Regulation and the
need for establishing alternative levels of stringency or performance;
6.2.4.1.2. Reviewing all technical Regulations that are listed in the Compendium of Candidates, and
any UN/ECE Regulations, that address the same elements of performance;
6.2.4.1.3. Reviewing any documentation that is appended to the Regulations specified in
Paragraph 6.2.4.1.2. of this Article;
6.3. Establishing New Global Technical Regulations in the Global Registry
A Contracting Party may submit a proposal to develop a new Global Technical Regulation
concerning elements of performance or design characteristics not addressed by technical
Regulations in the Compendium of Candidates or UN/ECE Regulations.
6.3.1. The proposal specified in Paragraph 6.3. shall contain:
6.3.1.1. An explanation of the objective of the proposed new Global Technical Regulation, based on
objective data to the extent possible;
6.3.1.2. A narrative description or, if available, the draft text of the proposed new Global Technical
Regulation;
6.3.1.3. Any available documentation that may facilitate the analysis of the issues to be addressed in
the report required by Paragraph 6.3.4.2.1. of this Article; and
6.3.1.4. The identification of any known existing relevant international voluntary Standards.
6.3.2. Each proposal specified in Paragraph 6.3.1. of this Article shall be submitted to the
Executive Committee.
6.3.3. The Executive Committee shall not refer to any Working Party any proposal that it
determines does not satisfy the requirements of Article 4 and Paragraph 6.3.1. of this
Article. It may refer all other proposals to an appropriate Working Party.
6.3.4. In response to a proposal referred to it for developing a new Global Technical Regulation,
the Working Party shall use transparent procedures to:
6.3.4.1. Develop recommendations regarding a new Global Technical Regulation by:
6.3.4.1.1. Giving consideration to the objective of the proposed new Global Technical Regulation and
the need for establishing alternative levels of stringency or performance;
6.3.4.1.2. Considering technical feasibility;
6.3.4.1.3. Considering economic feasibility;
6.3.4.1.4. Examining benefits, including those of any alternative regulatory requirements and
approaches considered;
6.3.4.1.5. Comparing potential cost effectiveness of the recommended Regulation to that of the
alternative regulatory requirements and approaches considered;
6.3.4.1.6. Verifying whether the new Global Technical Regulation under development satisfies the
stated objective of the Regulation and the criteria in Article 4; and
6.3.4.1.7. Giving due consideration to the possibility of the technical Regulation being established
under the 1958 Agreement.
ARTICLE 7
ADOPTION, AND NOTIFICATION OF APPLICATION,
OF ESTABLISHED GLOBAL TECHNICAL REGULATIONS
7.1. A Contracting Party that votes in favour of establishing a Global Technical Regulation under
Article 6 of this Agreement shall be obligated to submit the technical Regulation to the
process used by that Contracting Party to adopt such a technical Regulation into its own
laws or Regulations and shall seek to make a final decision expeditiously.
7.2. A Contracting Party that adopts an established Global Technical Regulation into its own
laws or Regulations shall notify the Secretary-General in writing of the date on which it will
begin applying that Regulation. The notification shall be provided within 60 days after its
decision to adopt the Regulation. If the established Global Technical Regulation contains
more than one level of stringency or performance, the notification shall specify which of
those levels of stringency or performance is selected by the Contracting Party.
7.3. A Contracting Party that is specified in Paragraph 7.1. of this Article and that decides not to
adopt the established Global Technical Regulation into its own laws or Regulations, shall
notify the Secretary-General in writing of its decision and the basis for its decision. The
notification shall be provided within sixty (60) days after its decision.
7.4. A Contracting Party that is specified in Paragraph 7.1. of this Article and that has not, by the
end of the one-year period after the date of the establishment of the Regulation in the
Global Registry, either adopted that technical Regulation or decided not to adopt the
Regulation into its own laws or Regulations, shall provide a report on the status of the
Regulation in its domestic process. A status report shall be submitted for each subsequent
one-year period if neither of those actions has been taken by the end of that period. Each
report required by this Paragraph shall:
7.4.1. Include a description of the steps taken during the past year to submit the Regulation and
make a final decision and an indication of the anticipated date of such a decision; and
7.4.2. Be submitted to the Secretary-General not later than 60 days after the end of the one-year
period for which the report is submitted.
7.5. A Contracting Party that accepts products that comply with an established Global Technical
Regulation without adopting that Regulation into its own laws or Regulations shall notify the
Secretary-General in writing of the date on which it began to accept such products. The
Contracting Party shall provide the notification within sixty (60) days after the beginning of
such acceptance. If the established Global Technical Regulation contains more than one
level of stringency or performance, the notification shall specify which of those levels of
stringency or performance is selected by the Contracting Party.
7.6. A Contracting Party that has adopted into its own laws or Regulations an established Global
Technical Regulation may decide to rescind or amend the adopted Regulation. Prior to
making that decision, the Contracting Party shall notify the Secretary-General in writing of its
intent and the reasons for considering that action. This notice provision shall also apply to a
Contracting Party that has accepted products under Paragraph 7.5. and that intends to
cease accepting such products. The Contracting Party shall notify the Secretary-General of
its decision to adopt any amended or new Regulation within 60 days after that
decision. Upon request, the Contracting Party shall promptly provide copies of such
amended or new Regulation to other Contracting Parties.
ARTICLE 10
SIGNATURE
10.1. This Agreement shall be open for signature beginning June 25, 1998.
10.2. This Agreement shall remain open for signature until its entry into force.
ARTICLE 11
ENTRY INTO FORCE
11.1. This Agreement and its Annexes, which constitute integral parts of the Agreement, shall
enter into force on the thirtieth (30) day following the date on which a minimum of five (5)
countries and/or regional economic integration organizations have become Contracting
Parties pursuant to Article 9. This minimum of five (5) must include the European
Community, Japan, and the United States of America.
11.2. If, however, Paragraph 11.1 of this Article is not satisfied fifteen (15) months after the date
specified in Paragraph 10.1., then this Agreement and its Annexes, which constitute integral
parts of the Agreement, shall enter into force on the thirtieth (30) day following the date on
which a minimum of eight (8) countries and/or regional economic integration organizations
have become Contracting Parties pursuant to Article 9. Such date of entry into force shall
not be earlier than sixteen (16) months after the date specified in Paragraph 10.1. At least
one (1) of these eight (8) must be either the European Community, Japan or the United
States of America.
11.3. For any country or regional economic integration organization that becomes a Contracting
Party to the Agreement after its entry into force, this Agreement shall enter into force sixty
(60) days after the date that such country or regional economic integration organization
deposits its instrument of ratification, acceptance, approval or accession.
ARTICLE 12
WITHDRAWAL FROM AGREEMENT
12.1. A Contracting Party may withdraw from this Agreement by notifying the Secretary-General
in writing.
12.2. Withdrawal from this Agreement by any Contracting Party shall take effect one year after the
date on which the Secretary-General receives notification pursuant to Paragraph 12.1. of
this Article.
ARTICLE 13
AMENDMENT OF AGREEMENT
13.1. A Contracting Party may propose amendments to this Agreement and the Annexes to this
Agreement. Proposed amendments shall be submitted to the Secretary-General, who shall
transmit them to all Contracting Parties.
13.2. A proposed amendment transmitted in accordance with Paragraph 13.1. of this Article shall
be considered by the Executive Committee at its next scheduled meeting.
ARTICLE 16
SECRETARIAT
The Secretariat of this Agreement shall be the Executive Secretary of the UN/ECE. The Executive
Secretary shall carry out the following secretariat functions:
16.1. Prepare the meetings of the Executive Committee and the Working Parties;
16.2. Transmit to the Contracting Parties reports and other information received in accordance
with the provisions of this Agreement; and
16.3. Discharge the functions assigned by the Executive Committee.
13. The term "transparent procedures" means procedures designed to promote the public
awareness of and participation in the regulatory development process under this
Agreement. They shall include the publication of:
(1) Notices of meetings of the Working Parties and of the Executive Committee; and
(2) Working and final documents.
They shall also include the opportunity to have views and arguments represented at:
(1) Meetings of Working Parties through organizations granted consultative status; and
(2) Meetings of Working Parties and of the Executive Committee through pre-meeting
consulting with representatives of Contracting Parties.
14. The term "type approval" means written approval of a Contracting Party (or competent authority
designated by a Contracting Party) that a vehicle and/or any item of equipment and/or part that
can be fitted and/or be used on a vehicle, satisfies specific technical requirements, and is used as
a precondition to the introduction of the vehicle, equipment or part into commerce.
15. The term "UN/ECE Regulations" means United Nations/Economic Commission for Europe
Regulations adopted under the 1958 Agreement.
16. The term "Working Party" means a specialized technical subsidiary body under the ECE whose
function is to develop recommendations regarding the establishment of harmonized or new Global
Technical Regulations for inclusion in the Global Registry and to consider amendments to the
Global Technical Regulations established in the Global Registry.
17. The term "1958 Agreement" means the Agreement concerning the Adoption of Uniform Technical
Prescriptions 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.
ARTICLE 7
7.1. A national or regional Regulation shall be listed in the Compendium of Candidates by an
affirmative vote of either at least one-third of the Contracting Parties present and voting (as
defined in Article 5.2. of this Annex), or one-third of the total number of votes cast, whichever is
more favourable to achieving an affirmative vote. In either case, the one-third shall include the
vote of either the European Community, Japan or the United States, if any of them are
Contracting Parties.
7.2. Establishing a Global Technical Regulation in the Global Registry, amending an established
Global Technical Regulation and amending this Agreement shall be by a consensus vote of the
Contracting Parties present and voting. A present and voting Contracting Party that objects to a
matter for which a consensus vote is necessary for adoption shall provide a written explanation
of its objection to the Secretary-General within sixty (60) days from the date of the vote. If such
Contracting Party fails to provide such explanation during that period, it shall be considered as
having voted in favour of the matter on which the vote was taken. If all Contracting Parties that
objected to the matter so fail, the vote on the matter shall be considered to have been a
consensus vote in favour of the matter by all persons present and voting. In that event, the date
of the vote shall be considered to be the first day after that 60-day period.
7.3. All other matters requiring resolution may, at the discretion of the Executive Committee, be
resolved by the voting process set forth in Paragraph 7.2. of this Article.
ARTICLE 8
Contracting Parties that abstain from voting are considered as not voting.
ARTICLE 9
The Executive Secretary shall convene the Executive Committee whenever a vote is required to be taken
under Article 5, 6 or 13 of this Agreement or whenever necessary to conduct activities under this
Agreement.