Global technical regulation for wheeled vehicles. First global technical regulation - new milestone in vehicle safety
AGREEMENT establishing a GLOBAL TECHNICAL REGULATION FOR WHEELED VEHICLES, EQUIPMENT AND PARTS THAT CAN BE INSTALLED AND/OR USE ON WHEELED VEHICLES (Geneva, 25 June 1998) technical rules to ensure high levels performance characteristics wheeled Vehicle, items of equipment and parts that can be installed and / or used on wheeled vehicles, in the field of safety, environmental protection, energy efficiency and protection against theft; Having decided that such a process should also contribute to the harmonization of existing technical regulations, recognizing the right of supranational, national and regional authorities to adopt and update technical regulations in the field of health, safety, environment , energy efficiency and anti-theft protection, which are more stringent than the rules introduced at the global level; authorized to enter into such an Agreement in accordance with paragraph 1(a) of the Terms of Reference of the UNECE and Rule 50 contained in Chapter XIII of the UNECE Rules of Procedure; Recognizing that this Agreement is without prejudice to the rights and obligations of a Contracting Party under existing international agreements in the field of health, safety and the environment; Recognizing that this Agreement is without prejudice to the rights and obligations of a Contracting Party under agreements within the World Trade Organization (WTO), including the Agreement on Technical Barriers to Trade (TBT), and seeking to establish global technical regulations under this Agreement as the basis its technical regulations in such a way that they are consistent with these agreements; Considering it desirable that the Contracting Parties to this Agreement use the global technical regulations established under this Agreement as the basis for their technical regulations; Recognizing the importance of continuous improvement efforts and the pursuit of high levels of performance of wheeled vehicles, items of equipment and parts that can be installed and/or used on wheeled vehicles, in the areas of safety, environmental protection, energy efficiency and protection against theft for public health, safety and welfare and the potential significance of the growing convergence of existing and future technical regulations and related standards for international trade, consumer choice and product availability; Recognizing that governments have the right to strive for and actually achieve improvements in health, environment and safety, and to determine whether the global technical regulations established under this Agreement are appropriate to their needs; Recognizing the important harmonization work already undertaken under the 1958 Agreement; Recognizing the interest and experience in various geographic regions in relation to security, environment, energy and anti-theft issues and how these issues are addressed, and the value of this interest and experience in the development of global technical regulations to help achieve the goals of such improvement, and minimizing discrepancies; Desiring to promote the adoption of the introduced global technical regulations in developing countries, taking into account the special problems and conditions in these countries, in particular in the least developed among them; Desiring that technical regulations applied by Contracting Parties be subject to due consideration through transparent procedures in the development of global technical regulations, and that benefits and cost-benefit comparisons be taken into account; Recognizing that the introduction of global technical regulations with high levels of protection will encourage individual countries to realize that these regulations will provide the necessary protection and performance within their jurisdiction; Recognizing the impact of automotive fuel quality on vehicle environmental performance, human health and fuel economy; and recognizing that the use of transparent procedures is of particular importance for the development of global technical regulations in accordance with this Agreement and that this development process should be compatible with the regulation development processes carried out by the Contracting Parties to this Agreement; Have agreed as follows: Article 1 Purpose 1. 1. The purpose of this Agreement is: 1.1.1. providing a global process whereby Contracting Parties from all regions of the world could jointly develop a global technical regulation concerning the performance of wheeled vehicles, items of equipment and parts that can be installed and/or used on wheeled vehicles, in the field of safety, environmental protection, energy efficiency and anti-theft; 1.1.2. ensure that, in the development of global technical regulations, proper and objective consideration is given to existing technical regulations applied by Contracting Parties, as well as to UNECE Regulations; 1.1.3. ensuring that, where appropriate, the development of global technical regulations takes into account objectively the assessment of best available technology, relative benefits and cost-effectiveness; 1.1.4. ensuring transparency of the procedures used in the development of global technical regulations; 1.1.5. achieve high levels of performance in the areas of safety, environmental protection, energy efficiency and anti-theft protection within the global community and ensure that measures taken under this Agreement do not encourage or reduce these levels within the framework of the jurisdiction of the Contracting Parties, including at the supranational level; 1.1.6. reducing technical barriers to international trade by harmonizing existing technical regulations applied by Contracting Parties and UNECE Regulations and developing new global technical regulations governing the performance of wheeled vehicles, equipment and parts that can be fitted and/or used on wheeled vehicles means, in the field of safety, environmental protection, efficient use of energy and protection against theft and meeting the goals of achieving high levels of safety and environmental protection, as well as other goals listed above; and 1.1.7. ensuring that, where alternative levels of mandatory requirements are needed to facilitate the regulatory activities of some countries, such needs are taken into account in the development and implementation of global technical regulations. 1.2. This Agreement shall operate in parallel with the 1958 Agreement without prejudice to the institutional autonomy of either of them. Article 2 Contracting Parties and consultative status 2.1. Contracting Parties to this Agreement may be countries that are members of the Economic Commission for Europe (UNECE), regional economic integration organizations established by member countries of the ECE, and countries admitted to participate in the work of the ECE with consultative status in accordance with paragraph 8 of the Terms of Reference EEC. 2.2. Countries that are members of the United Nations and participate in certain types of ECE activities in accordance with paragraph 11 of the Regulations on the terms of reference of the ECE, and regional economic integration organizations established by such countries, may become Contracting Parties to this Agreement. 2.3. Any specialized agency and any organization, including intergovernmental organizations and non-governmental organizations, that has been granted consultative status by the Economic and Social Council of the United Nations may participate in that capacity in the meetings of any working group on any matter of special interest to that agency or organization. Article 3 Executive Committee 3.1. The Executive Committee of this Agreement shall be composed of representatives of the Contracting Parties, who shall meet in this capacity at least once a year. 3.2. The Rules of Procedure of the Executive Committee are set out in Annex B to this Agreement. 3.3. Executive Committee: 3.3.1. responsible for the implementation of this Agreement, including the identification of priority areas for action in accordance with this Agreement; 3.3.2. considers all recommendations and reports of working groups concerning the introduction of global technical regulations in accordance with this Agreement; and 3.3.3. performs any other functions that may be necessary in accordance with this Agreement. 3.4. The Executive Committee shall have the right to make the final decision on the inclusion of regulations in the Compendium of Candidates for Global Technical Regulations and to establish global technical regulations in accordance with this Agreement. 3.5. The Executive Committee, in the exercise of its function, when it considers it necessary, shall use information from all relevant sources. Article 4 Criteria for technical rules 4.1. Technical regulations included under Article 5 or introduced under Article 6 must meet the following criteria: 4. 1.1. contain a clear description of wheeled vehicles, items of equipment and/or parts that can be installed and/or used on wheeled vehicles to which these rules apply; 4.1.2. contain requirements that: 4.1.2.1. provide a high level of performance in the field of safety, environmental protection, energy efficiency or protection against theft; and 4.1.2.2. where appropriate, expressed in terms of operating characteristics rather than descriptive characteristics; 4.1.3. include: 4.1.3.1. the test method by which compliance with the rules is to be determined; 4.1.3.2. where appropriate for regulations incorporated under Article 5, a clear description of the approval or certification markings and/or marks required for type approval, and conformity of production , or requirements for self-certification by the manufacturer; and, 4.1.3.3. where applicable, the recommended minimum period of introduction of new products, taking into account considerations of reasonableness and feasibility, which the Contracting Party should establish before the entry into force of the compliance requirement. 4.2. Global technical regulations may specify alternative non-global mandatory or performance levels and associated test procedures when necessary to assist the regulatory activities of certain countries, in particular developing countries. Article 5 Compendium of potential global technical regulations 5.1. A compendium of non-UNECE Contracting Party technical regulations that may be considered for harmonization or adoption as global technical regulations (hereinafter referred to as the Compendium of Candidates) is being created and maintained. 5.2. Inclusion of technical regulations in the Compendium of Candidates Any Contracting Party may submit a request to the Executive Committee for the inclusion in the Compendium of Candidates of any technical regulations that that Contracting Party has introduced, applies or has adopted for future application. 5.2.1. the request specified in clause 5.2 must contain: 5.2.1.1. a copy of such rules; 5.2.1.2. any available technical documentation on such rules, including documentation relating to best available technology, relative advantages and cost-effectiveness; and 5.2.1.3. an indication of any known current or expected relevant international standards applied on a voluntary basis. 5.2.2. The Executive Committee shall consider all requests that meet the requirements of Article 4 and paragraph 5.2.1 of this Article. Technical rules are included in the Compendium of Candidates subject to a yes vote in accordance with paragraph 7.1 of Article 7 of Annex B. The documentation submitted with the request for inclusion of these rules is attached to the included technical rules. 5.2.3. The rules specified in the request shall be deemed included by the Secretary General in the Compendium on the day the decision is made by voting "for" in accordance with paragraph 5.2.2 of this article. 5.3. Exclusion of technical regulations from the Compendium of Candidates Included technical regulations are excluded from the Compendium of Candidates: 5. 3.1. or after the introduction in the Global Registry of global technical regulations containing product requirements relating to the same performance or design elements as the technical regulations included in the Compendium; 5.3.2. or at the end of a period of five years after the inclusion of regulations under this Article and at the end of each subsequent five-year period, unless the Executive Secretary confirms by a vote in favor in accordance with paragraph 7.1 of Article 7 of the Annex to the inclusion of technical regulations in the Compendium of Candidates; or 5.3.3. in response to a written request from the Contracting Party at whose request the technical regulation was originally included. Such a request serves as the basis for rule exceptions. 5.4. Availability of Documents All documents considered by the Executive Committee in accordance with this Article shall be made publicly available. Article 6 Register of global technical regulations 6.1. A register of global technical regulations developed and introduced on the basis of this article is being created and updated. This register is referred to as the Global Registry. 6.2. Introduction of global technical regulations into the Global Registry through harmonization of existing regulations Any Contracting Party may submit a proposal for the development of a harmonized global technical regulation concerning performance or design elements that are affected either by the technical regulation in the Compendium of Candidates Regulations or by any UNECE Regulation, or and those and other rules. 6.2.1. the proposal referred to in clause 6.2 must contain: 6.2.1.1. clarification of the purpose of the proposed global technical regulation; 6.2.1.2. a description or draft text of the proposed global technical regulation, if available; 6.2.1.3. available documentation that may assist in the analysis of the issues addressed in the report required in accordance with paragraph 6.2.4.2.1 of this article; 6.2.1.4. a list of all technical regulations contained in the Compendium of Candidates and any UNECE Regulations that refer to the same performance or design elements that are to be considered in the proposed global technical regulation; and 6.2.1.5. an indication of any known valid relevant international standards applied on a voluntary basis. 6.2.2. Each offer referred to in paragraph 6. 2.1 of this article is submitted to the Executive Committee. 6.2.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements of Article 4 and paragraph 6.2.1 of this Article. It may forward all other proposals to the relevant working group. 6.2.4. When considering a proposal submitted to a working group to develop a global technical regulation through harmonization, that working group uses transparent procedures to: 6.2.4.1. development of recommendations concerning global technical regulations through: 6.2.4.1.1. taking into account the purpose of the proposed global technical regulation and the need to establish alternative mandatory or performance levels, 6.2.4.1.2. examining all technical regulations included in the Compendium of Candidates and any UNECE Regulations related to the same performance elements, 6.2.4.1.3. study of any documentation attached to the rules specified in paragraph 6.2.4.1.2 of this article, 6.2.4.1.4. examining any available functional equivalence ratings relevant to the review of the proposed global technical regulation, including the ratings of the relevant standards, 6.2.4.1.5. verifying that global technical regulations being developed meet the specified purpose of the regulations and the criteria set out in Article 4, and 6.2.4.1.6. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement; 6.2.4.2. submit to the Executive Committee: 6.2.4.2.1. a written report containing its recommendation on a global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of its consideration of the information referred to in paragraph 6.2.4.1 of this article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and 6.2.4.2.2. the text of any recommended global technical regulation. 6.2.5. The Executive Committee through the use of transparent procedures: 6.2.5.1. establishes whether the recommendations concerning the global technical regulation and the report are based on sufficiently effective and thorough activities specified in clause 6.2.4.1 of this article. If the Executive Committee determines that the recommendations, report and/or text of the recommended global technical regulation, if any, do not meet the established requirements, then it returns the rules and report to the working group for revision or improvement; 6.2.5.2. is considering the introduction of recommended global technical regulations in accordance with the procedures set out in paragraph 7.2 of Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Board taken by consensus by voting "yes". 6.2.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day that the decision is taken by consensus by the Executive Committee through a yes vote. 6.2.7. Upon the introduction of global technical regulations by the Executive Committee, the Secretariat shall attach to those regulations copies of all relevant documentation, including the proposal submitted in accordance with paragraph 6.2.1 of this Article, and the recommendations and report required under the provisions of paragraph 6.2.4.2.1 of this Article. 6.3. Introduction of a new global technical regulation in the Global Registry Any Contracting Party may submit a proposal to develop a new global technical regulation concerning performance or design elements not covered by the technical regulations included in the Compendium of Candidates Regulations or UNECE Regulations. 6.3.1. the proposal referred to in clause 6.3 must contain: 6.3.1.1. clarification of the purpose of the proposed new global technical regulation, based as far as possible on objective evidence; 6.3.1.2. a description or draft text of the proposed new global technical regulation, if available; 6.3.1.3. any available documentation that may contribute to the analysis of the issues addressed in the report required in accordance with paragraph 6.3.4.2.1 of this article; and 6.3.1.4. an indication of any known valid relevant international standards applied on a voluntary basis. 6.3.2. Each proposal referred to in paragraph 6.3.1 of this Article shall be submitted to the Executive Committee. 6.3.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements of Article 4 and paragraph 6.3.1 of this Article. It may forward all other proposals to the relevant working group. 6.3.4. When considering a proposal submitted to a working group to develop a new global technical regulation, that working group shall use transparent procedures to: 6.3.4.1. developing recommendations for new global technical regulations through: 6.3.4.1.1. taking into account the purpose of the proposed new global technical regulation and the need to establish alternative mandatory or performance levels, 6.3.4.1.2. technical feasibility, 6.3.4.1.3. taking into account the economic justification, 6.3.4.1.4. examining the benefits, including the benefits of any alternative regulatory requirements and approaches considered, 6.3.4.1.5. comparing the cost-effectiveness potential of the recommended rules compared to alternative regulatory requirements and approaches considered, 6.3.4.1.6. verifying that new global technical regulations being developed meet the specified purpose of the regulations and the criteria in Article 4, and 6.3.4.1.7. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement; 6.3.4.2. submit to the Executive Committee: 6.3.4.2.1. a written report containing its recommendation for a new global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of the consideration of the information referred to in paragraph 6.3.4.1 of this Article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and 6.3.4.2.2. the text of any recommended new global technical regulation.
Ratify the Agreement on the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts Which Can Be Installed and/or Used on Wheeled Vehicles, done at Geneva on 25 June 1998.
The president
Republic of Kazakhstan N. Nazarbayev
AGREEMENT
ON THE INTRODUCTION OF THE GLOBAL TECHNICAL REGULATION FOR WHEELS
VEHICLES, EQUIPMENT AND PARTS WHICH
CAN BE INSTALLED AND/OR USED ON WHEELS
VEHICLES
PREAMBLE
CONTRACTING PARTIES,
DECIDED to adopt the Agreement with a view to initiating a process to stimulate the development of a global technical regulation that ensures high levels of performance for wheeled vehicles, equipment and parts that can be fitted and/or used on wheeled vehicles, in the fields of safety, environmental protection, efficiency of use energy and anti-theft protection;
RESOLVING that such a process should also facilitate the harmonization of existing technical regulations, recognizing the right of supranational, national and regional authorities to adopt and update technical regulations in the areas of health, safety, environment, energy efficiency and anti-theft, which are of a more stringent nature than the rules introduced at the global level;
AUTHORIZED to enter into such an Agreement in accordance with paragraph 1 (a) of the Terms of Reference of the UNECE and Rule 50 contained in Chapter XIII of the UNECE Rules of Procedure;
RECOGNIZING that this Agreement is without prejudice to the rights and obligations of a Contracting Party under existing international agreements in the field of health, safety and the environment;
RECOGNIZING that this Agreement is without prejudice to the rights and obligations of a Contracting Party under agreements within the World Trade Organization (WTO), including the Agreement on Technical Barriers to Trade (TBT), and seeking to establish global technical regulations under this Agreement as the basis its technical regulations in such a way that they are consistent with these agreements;
CONSIDERING it desirable that the Contracting Parties to this Agreement use the global technical regulation established under this Agreement as the basis for their technical regulation;
RECOGNIZING the importance of continuous improvement efforts and the pursuit of high levels of performance for wheeled vehicles, equipment and parts that can be fitted and/or used on wheeled vehicles in the fields of safety, environmental protection, energy efficiency and protection against theft for public health, safety and welfare and the potential significance of the growing convergence of existing and future technical regulations and related standards for international trade, consumer choice and product availability;
RECOGNIZING that governments have the right to strive for, and practically achieve, improvements in health, environment and safety, and to determine whether the global technical regulations established under this Agreement are appropriate to their needs;
RECOGNIZING the important harmonization work already undertaken under the 1958 Agreement;
RECOGNIZING the interest and experience in various geographic regions in relation to safety, environment, energy and anti-theft issues and how these issues are addressed, and the value of this interest and experience in the development of global technical regulations to help achieve the goals of such improvement and minimizing discrepancies;
DESIRING to promote the adoption of the introduced global technical regulations in developing countries, taking into account the special problems and conditions in those countries, in particular in the least developed among them;
DESIRING that the technical regulations applied by Contracting Parties be subject to due consideration, through transparent procedures, in the development of global technical regulations, and that benefits and cost-benefit comparisons be taken into account;
RECOGNIZING that the introduction of global technical regulations with high levels of protection will encourage individual countries to realize that these regulations will provide the necessary protection and performance within their jurisdiction;
RECOGNIZING the impact of automotive fuel quality on vehicle environmental performance, human health and fuel efficiency; and
RECOGNIZING that the use of transparent procedures is of particular importance for the development of global technical regulations in accordance with this Agreement and that this development process should be compatible with the regulation development processes carried out by the Contracting Parties to this Agreement;
HAVE AGREED as follows:
ARTICLE 1
GOAL
1.1. The purpose of this Agreement is:
1.1.1. providing a global process whereby Contracting Parties from all regions of the world could jointly develop a global technical regulation concerning the performance of wheeled vehicles, items of equipment and parts that can be installed and/or used on wheeled vehicles, in the field of safety, environmental protection, energy efficiency and anti-theft;
1.1.2. ensuring that in the development of global technical regulations, due and fair consideration is given to existing technical regulations applied by Contracting Parties, as well as to UNECE Regulations;
1.1.3. ensuring that, where appropriate, the development of global technical regulations takes into account objectively the assessment of best available technology, relative benefits and cost-effectiveness;
1.1.4. ensuring transparency of the procedures used in the development of global technical regulations;
1.1.5. achieve high levels of performance in the areas of safety, environmental protection, energy efficiency and anti-theft protection within the global community and ensure that measures taken under this Agreement do not encourage or reduce these levels within the framework of the jurisdiction of the Contracting Parties, including at the supranational level;
1.1.6. reducing technical barriers to international trade by harmonizing existing technical regulations applied by Contracting Parties and UNECE Regulations and developing new global technical regulations governing the performance of wheeled vehicles, equipment and parts that can be fitted and/or used on wheeled vehicles means, in the field of safety, environmental protection, efficient use of energy and protection against theft and meeting the goals of achieving high levels of safety and environmental protection, as well as other goals listed above; and
1.1.7. ensuring that, where alternative levels of mandatory requirements are needed to facilitate the regulatory activities of some countries, such needs are taken into account in the development and implementation of global technical regulations.
1.2. This Agreement shall operate in parallel with the 1958 Agreement without prejudice to the institutional autonomy of either of them.
ARTICLE 2
CONTRACTING PARTIES AND CONSULTATIVE STATUS
2.1. Contracting parties to this Agreement may be countries that are members of the Economic Commission for Europe (UNECE), regional economic integration organizations established by member countries of the EEC, and countries admitted to participate in the work of the EEC with consultative status in accordance with paragraph 8 of the Regulations on the circle management of the EEC.
2.2. Countries that are Members of the United Nations and participate in certain ECE activities in accordance with paragraph 11 of the Terms of Reference of the ECE and regional economic integration organizations established by such countries may become Contracting Parties to this Agreement.
2.3. Any specialized agency and any organization, including intergovernmental organizations and non-governmental organizations, that has been granted consultative status by the Economic and Social Council of the United Nations may participate in that capacity in the meetings of any working group on any matter of special interest to that agency or organization.
ARTICLE 3
EXECUTIVE COMMITTEE
3.1. The Executive Committee of this Agreement shall be composed of representatives of the Contracting Parties, who shall meet in that capacity at least once a year.
3.2. The Rules of Procedure of the Executive Committee are set out in an appendix to this Agreement.
3.3. Executive committee:
3.3.1. is responsible for the implementation of this Agreement, including the determination of priority areas of activity in accordance with this Agreement;
3.3.2. considers all recommendations and reports of working groups concerning the introduction of global technical regulations in accordance with this Agreement; and
3.3.3. performs any other functions that may be necessary in accordance with this Agreement.
3.4. The Executive Committee shall have the right to make the final decision on the inclusion of regulations in the Compendium of Candidates for Global Technical Regulations and to establish global technical regulations in accordance with this Agreement.
3.5. The Executive Committee, in the exercise of its function, when it considers it necessary, shall use information from all relevant sources.
ARTICLE 4
CRITERIA FOR TECHNICAL REGULATIONS
4.1. Technical rules to be included in accordance with Article 5 or introduced under Article 5 shall meet the following criteria:
4.1.1. contain a clear description of wheeled vehicles, items of equipment and/or parts that can be installed and/or used on wheeled vehicles to which these rules apply;
4.1.2. contain requirements that:
4.1.2.1. provide a high level of performance in the field of safety, environmental protection, energy efficiency or protection against theft; and
4.1.2.2. where appropriate, expressed in terms of operating characteristics rather than descriptive characteristics;
4.1.3. turn on:
4.1.3.1. the test method by which compliance with the rules is to be determined;
4.1.3.2. where applicable, for regulations incorporated under Article 5, a clear description of the approval or certification markings and/or marks required for type approval and conformity of production, or the requirements for self-certification by the manufacturer; and,
4.1.3.3. where applicable, the recommended minimum period of introduction of new products, taking into account considerations of reasonableness and feasibility, which the Contracting Party should establish before the entry into force of the compliance requirement.
4.2. Global technical regulations may specify alternative non-global mandatory or performance levels and associated test procedures when necessary to assist the regulatory activities of certain countries, in particular developing countries.
ARTICLE 5
COMPENDIUM OF POTENTIAL GLOBAL TECHNICAL REGULATIONS
5.1. A compendium of non-UNECE Contracting Party technical regulations that may be considered for harmonization or adoption as global technical regulations (hereinafter referred to as the Compendium of Candidates) is being created and maintained.
5.2. Inclusion of technical regulations in the Compendium of Potential Regulations
Any Contracting Party may submit a request to the Executive Committee for the inclusion in the Compendium of Candidates of Regulations of any technical regulation that that Contracting Party has introduced, applies or has adopted for future application.
5.2.1. the request referred to in paragraph 5.2 must contain:
5.2.1.1. a copy of such rules;
5.2.1.2. any technical documentation available on such rules, including documentation relating to best available technology, relative advantages and cost-effectiveness; and
5.2.1.3. an indication of any known current or expected relevant international standards applied on a voluntary basis.
5.2.2. The Executive Committee considers all requests that meet the requirements and paragraph 5.2.1 of this article. Technical regulations are included in the Compendium of Candidates subject to a yes vote in accordance with Annex B, Article 7. To the included technical rules attached is the documentation submitted with the pull request for these rules.
5.2.3. The rules specified in the request shall be deemed included by the Secretary General in the Compendium on the day the decision is made by voting "for" in accordance with paragraph 5.2.2 of this article.
5.3. Exclusion of technical rules from the Compendium of Candidates
Included technical regulations are excluded from the Compendium of Candidate Regulations:
5.3.1. or after the introduction in the Global Registry of global technical regulations containing product requirements relating to the same performance or design elements as the technical regulations included in the Compendium;
5.3.2. or at the end of a period of five years following the inclusion of regulations under this Article and at the end of each subsequent five-year period, unless the Executive Secretary confirms by a vote in favor in accordance with Annex B, Article 7, the inclusion of technical regulations in the Compendium of Candidates; or
5.3.3. in response to a written request from the Contracting Party at whose request the technical regulation was originally included. Such a request serves as the basis for rule exceptions.
5.4. Document Availability
All documents considered by the Executive Committee in accordance with this Article shall be publicly available.
ARTICLE 6
REGISTER OF GLOBAL TECHNICAL REGULATIONS
6.1. A register of global technical regulations developed and introduced on the basis of this article is being created and updated. This register is referred to as the Global Registry.
6.2. Introduction of global technical regulations into the Global Registry through harmonization of existing regulations
Any Contracting Party may submit a proposal for the development of a harmonized global technical regulation relating to performance or design elements affected either by the technical regulation in the Compendium of Candidates, or by any UNECE Regulation, or both.
6.2.1. the proposal referred to in clause 6.2 must contain:
6.2.1.1. clarification of the purpose of the proposed global technical regulation;
6.2.1.2. a description or draft text of the proposed global technical regulation, if available;
6.2.1.3. available documentation that may assist in the analysis of the issues addressed in the report required in accordance with paragraph 6.2.4.2.1 of this article;
6.2.1.4. a list of all technical regulations contained in the Compendium of Candidates and any UNECE Regulations that refer to the same performance or design elements that are to be considered in the proposed global technical regulation; and
6.2.1.5. an indication of any known applicable relevant international standards applied on a voluntary basis.
6.2.2. Each proposal referred to in paragraph 6.2.1 of this Article shall be submitted to the Executive Committee.
6.2.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements and paragraph 6.2.1 of this article. It may forward all other proposals to the relevant working group.
6.2.4. When considering a proposal submitted to a working group to develop a global technical regulation based on harmonization, this working group uses transparent procedures to:
6.2.4.1. developing recommendations for global technical regulations through:
6.2.4.1.1. taking into account the purpose of the proposed global technical regulation and the need to establish alternative levels of regulatory requirements or performance,
6.2.4.1.2. examining all technical regulations included in the Compendium of Candidates and any UNECE Regulations related to the same performance elements,
6.2.4.1.3. study of any documentation attached to the rules referred to in paragraph 6.2.4.1.2 of this article,
6.2.4.1.4. examining any available functional equivalence assessments relevant to the review of the proposed global technical regulation, including assessments of relevant standards,
6.2.4.1.5. verifying that global technical regulations being developed meet the specified purpose of the regulations and the criteria set out in , and
6.2.4.1.6 taking due account of the possibility of introducing technical regulations under the 1958 Agreement;
6.2.4.2. presents to the Executive Committee:
6.2.4.2.1. a written report containing its recommendation on a global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of its consideration of the information referred to in paragraph 6.2.4.1 of this article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.2.4.2.2. the text of any recommended global technical regulation.
6.2.5. The Executive Committee, through the use of transparent procedures:
6.2.5.1. establishes whether the recommendations concerning the global technical regulation and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.2.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended global technical regulation, if any, do not meet the established requirements, then it returns the rules and report to the working group for revision or improvement;
6.2.5.2. is considering the introduction of recommended global technical regulations in accordance with the procedures set out in Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Committee taken by consensus by voting in favor.
6.2.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Committee adopts this decision by consensus through a yes vote.
6.2.7. Once the Executive Committee has adopted a global technical regulation, the secretariat shall attach to the regulation copies of all relevant documentation, including the proposal submitted in accordance with . of this Article, as well as the recommendations and report required under the provisions of paragraph 6.2.4.2.1 of this Article.
6.3. Introduction of new global technical regulations to the Global Registry
Any Contracting Party may submit a proposal for the development of new global technical regulations concerning performance or design elements not covered by the technical regulations included in the Compendium of Candidates or UNECE Regulations.
6.3.1. the proposal referred to in clause 6.3 must contain:
6.3.1.1. clarification of the purpose of the proposed new global technical regulation, based as far as possible on objective evidence;
6.3.1.2. a description or draft text of the proposed new global technical regulation, if available;
6.3.1.3. any available documentation that may contribute to the analysis of the issues addressed in the report required in accordance with the paragraph of this article; and
6.3.1.4. an indication of any known valid relevant international standards applied on a voluntary basis.
6.3.2. Each proposal referred to in paragraph 6.3.1 of this Article shall be submitted to the Executive Committee.
6.3.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements and paragraph 6.3.1 of this article. It may forward all other proposals to the relevant working group.
6.3.4. When considering a proposal submitted to a working group to develop new global technical regulations, this working group uses transparent procedures to:
6.3.4.1. developing recommendations for new global technical regulations through:
6.3.4.1.1. taking into account the purpose of the proposed new global technical regulation and the need to establish alternative mandatory or performance levels,
6.3.4.1.2. taking into account technical feasibility,
6.3.4.1.3. taking into account the economic justification,
6.3.4.1.4. examining the benefits, including the benefits of any alternative regulatory requirements and approaches considered,
6.3.4.1.5. comparing the cost-effectiveness potential of the recommended rules compared to alternative regulatory requirements and approaches considered,
6.3.4.1.6. verifying that new global technical regulations being developed meet the specified purpose of the regulations and the criteria given in , and
6.3.4.1.7. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement;
6.3.4.2. presents to the Executive Committee:
6.3.4.2.1. a written report containing its recommendation for a new global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of the consideration of the information referred to in paragraph 6.3.4.1 of this Article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.3.4.2.2. the text of any recommended new global technical regulation.
6.3.5. The Executive Committee, through the use of transparent procedures:
6.3.5.1. establishes whether the recommendations concerning new global technical regulations and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.3.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended new global technical regulation, if any, do not meet the established requirements, then it returns the regulation and report to the working group for revision or improvement;
6.3.5.2. is considering the adoption of recommended new global technical regulations in accordance with the procedures set out in Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Committee, taken by consensus by voting "yes".
6.3.6 The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Board adopts this decision by consensus through a yes vote.
6.3.7. When a new global technical regulation is introduced by the Executive Committee, the secretariat shall attach to the regulation copies of all relevant documentation, including the proposal submitted under this Article and the recommendations and report required under paragraph of this Article.
6.4. Amendment of the global technical regulations
The procedures for amending any global technical regulation introduced into the Global Registry pursuant to this Article are specified in this Article in connection with the introduction of new global technical regulations into the Global Registry.
6.5. Access to documents
All documents reviewed or collected by the working group in the process of submitting recommendations on global technical regulations in accordance with this Article shall be made publicly available.
ARTICLE 7
ACCEPTANCE AND NOTIFICATION OF THE APPLICATION OF THE INTRODUCED
GLOBAL TECHNICAL REGULATIONS
7.1. Any Contracting Party voting in favor of establishing global technical regulations in accordance with this Agreement shall be required to submit technical regulations under the procedure used by that Contracting Party to incorporate such technical regulations into its laws or regulations and shall seek a final decision without delay.
7.2. Any Contracting Party that incorporates an established global technical regulation into its legislation or regulation shall notify the Secretary-General in writing of the date on which it will apply those regulations. This notice shall be sent within 60 days of its decision to include these rules. If the global technical regulation introduced contains more than one level of requirement or performance, the notification shall indicate which of these levels of requirement or performance has been chosen by that Contracting Party.
7.3. A Contracting Party referred to in paragraph 7.1 of this Article that decides not to incorporate an established global technical regulation into its legislation or regulations shall notify the Secretary-General in writing of its decision and of the reasons for its adoption. This notice shall be sent within sixty (60) days of the date of the decision.
7.4. Any Contracting Party referred to in paragraph 7.1 of this Article which, by the end of the one-year period following the date of introduction of the rules in the Global Registry, has either not adopted those technical rules or has elected not to incorporate the rules into its legislation or regulations, shall submit a report on the status of those rules to its internal procedures. A status report is submitted for each subsequent annual period if no such action has been taken by the end of that period. Each report required under this paragraph:
7.4.1. includes a description of the steps taken during the past year to submit the rules, contains a final decision, and indicates the expected date for such a decision; and
7.4.2. submitted to the Secretary General no later than 60 days after the end of the one year period for which the report is submitted.
7.5. Any Contracting Party which allows the use of products that comply with the provisions of the established global technical regulations, without incorporating those rules into its laws or regulations, shall notify the Secretary-General in writing of the date on which it began to accept such products for use. This Contracting Party shall submit the notification within sixty (60) days of the commencement of their release for use. If an established global technical regulation contains more than one level of requirement or performance, the notification shall indicate which of these levels of requirement or performance is chosen by that Contracting Party.
7.6. Any Contracting Party that has incorporated into its legislation or regulations an enacted global technical regulation may decide to withdraw or amend the adopted regulation. Before such a decision is taken, that Contracting Party shall notify the Secretary-General in writing of its intention and the reason for such action. This notification provision also applies to a Contracting Party that has approved an item for use in accordance with paragraph 7.5 but intends to discontinue the approval of such items. A Contracting Party shall notify the Secretary General of its decision to adopt any such regulation within 60 days of such decision. Where appropriate, that Contracting Party shall promptly provide to other Contracting Parties, at their request, copies of the amended Regulations or new Regulations.
ARTICLE 8
DISPUTES RESOLUTION
8.1. Questions concerning the provisions of the introduced global technical regulations are submitted to the Executive Committee for resolution.
8.2. Disputes between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through consultations or negotiations between them. If disputes cannot be resolved in this manner, the Contracting Parties concerned may decide to request the Executive Committee to resolve the dispute in accordance with the procedure set out in Article 7 of Annex B.
ARTICLE 9
ACQUISITION OF CONTRACTING PARTY STATUS
9.1. Countries and regional economic integration organizations referred to in may become Contracting Parties to this Agreement by:
9.1.1. signature without reservation of ratification, acceptance or approval;
9.1.2. signature subject to ratification, acceptance or approval after ratification, acceptance or approval;
9.1.3. acceptance; or
9.1.4. accessions.
9.2. An instrument of ratification, acceptance, approval or accession shall be deposited with the Secretary General.
9.3. Upon acquiring the status of a Contracting Party:
9.3.1. after the entry into force of this Agreement, each country or regional economic integration organization shall submit a notification in accordance with which (which) of the global technical regulations established under , it will adopt, if it intends to adopt them, as well as any decision to adopt to use of products that comply with any of these global technical regulations without incorporating those regulations into their laws or regulations. If an established global technical regulation contains more than one level of requirement or performance, the notification shall indicate which of these levels of requirement or performance is accepted or approved by the Contracting Party;
9.3.2. each regional economic integration organization declares, in matters of its competence, that its member states have delegated powers in the areas covered by this Agreement, including the power to make decisions binding on its member states.
9.4. Regional economic integration organizations that are Contracting Parties shall cease to be a Contracting Party upon withdrawal of the powers declared in accordance with paragraph 9.3.2 of this Article and shall inform the Secretary General accordingly.
ARTICLE 10
SIGNING
10.1. This Agreement has been open for signature since June 25, 1998.
10.2. This Agreement remains open for signature until it enters into force.
ARTICLE 11
ENTRY INTO FORCE
11.1. This Agreement and its Annexes, which are integral parts of the Agreement, shall enter into force on the thirtieth (30) day after the date on which at least five (5) countries and/or regional economic integration organizations become Contracting Parties in accordance with . This minimum number of five (5) Contracting Parties shall include the European Community, the United States of America and Japan.
11.2. However, if the provisions of paragraph 11.1 of this article are not complied with within fifteen (15) months after the date specified in paragraph 10.1, then this Agreement and its annexes, which are integral parts of the Agreement, shall enter into force on the thirtieth (30) day after that date when a minimum of eight (8) countries and/or regional economic integration organizations have become Contracting Parties in accordance with . This must not occur earlier than sixteen (16) months after the date specified in clause 10.1. At least one (1) of these eight (8) Contracting Parties must be either the European Community, the United States of America or Japan.
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 on which such country or regional economic integration organization deposits its instrument of ratification, document of acceptance, approval or accession.
ARTICLE 12
WITHDRAWAL
12.1. Any Contracting Party may withdraw from this Agreement by written notification to the Secretary General.
12.2. Any decision to withdraw from this Agreement by any Contracting Party shall take effect one year after the date of receipt by the Secretary General of the notification in accordance with paragraph 12.1 of this Article.
ARTICLE 13
AMENDMENT OF THE AGREEMENT
13.1. Any Contracting Party may propose amendments to this Agreement and the annexes to this Agreement. Proposed amendments shall be communicated to the Secretary General, who shall circulate them to all Contracting Parties.
13.2. A proposed amendment communicated in accordance with paragraph 13.1 of this Article shall be considered by the Executive Committee at its next scheduled meeting.
13.3. If the Contracting Parties present and voting decide by consensus to propose an amendment, it shall be communicated by the Executive Committee to the Secretary-General, who shall then circulate the amendment to all Contracting Parties.
13.4. An amendment circulated in accordance with paragraph 13.3 of this Article shall be deemed to have been accepted by all Contracting Parties if no objection is raised by any of the Contracting Parties within six (6) months after the date of its circulation. If no such objection is expressed, then this amendment shall enter into force for all Contracting Parties three (3) months after the expiration of the six (6) month period referred to in this paragraph.
;
15.1. This Agreement shall apply to the territory or territories of any Contracting Party for whose external relations such Contracting Party is responsible, unless the Contracting Party declares otherwise prior to the entry into force of the Agreement for that Contracting Party.
15.2. Any Contracting Party may denounce this Agreement separately for any such territory or territories in accordance with .
ARTICLE 16
SECRETARIAT
Annex A
Definitions
admit
turn on
8. The term "
9. The term "
10. The term "
11. The term "
12. The term " General Secretary
13. The term " transparent procedures
14. The term " type approval
15. The term " UNECE Regulations
16. The term " working group
17. The term " 1958 agreement
Annex B
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Head of Department
International Legal Department
Ministry of Foreign Affairs
Republic of Kazakhstan B. Piskorsky
ARTICLE 16
SECRETARIAT
The secretariat of this Agreement is the Executive Secretary of the UNECE. The Executive Secretary performs the following secretariat functions:
16.1. prepares Meetings of the Executive Committee and Working Groups;
16.2. forward to the Contracting Parties the reports and other information received in accordance with the provisions of this Agreement; and
16.3. performs the functions determined by the Executive Committee.
Annex A
Definitions
For the purposes of this Agreement, the following definitions apply:
1. With regard to global technical regulations developed under this Agreement, the term " admit"means a decision by a Contracting Party to allow products that comply with the provisions of a global technical regulation into its market without incorporating those global technical regulations into its laws and regulations.
2. With regard to global technical regulations developed under this Agreement, the term " turn on" means the introduction of global technical rules into the laws and regulations of a Contracting Party.
3. With regard to global technical regulations developed under this Agreement, the term " apply" means items of equipment or parts whose characteristics are relevant to performance, safety, environmental protection, energy efficiency or anti-theft. Such items of equipment and parts include exhaust systems, tires, engines, acoustic protection devices, but are not limited to anti-theft alarms, warning devices and child restraint systems.
8. The term " introduced global technical regulations" means a global technical regulation entered into the Global Registry pursuant to this Agreement.
9. The term " included technical rules" means national or regional technical regulations that have been entered into the Compendium of Candidates under this Agreement.
10. The term " manufacturer self-certification" means the legal requirement under the laws of a Contracting Party that the manufacturer of wheeled vehicles, equipment and/or parts that can be fitted and/or used on wheeled vehicles must certify that each vehicle, equipment or part , which this manufacturer puts on sale, corresponds to specific technical requirements.
11. The term " regional economic integration organization" means an organization established by and composed of sovereign countries which has competence in respect of the matters covered by this Agreement, including the power to make binding decisions on all its member countries in respect of those matters.
12. The term " General Secretary" means the Secretary-General of the United Nations.
13. The term " transparent procedures" means procedures designed to facilitate the public's knowledge of the rule-making process under this Agreement and its participation in such a process. These include;
1) notices of meetings of the working groups and the Executive Committee; and
2) working and final documents.
They also include the opportunity to express your views and arguments on:
1) meetings of working groups through organizations that have been granted consultative status; and
2) meetings of the working groups and the Executive Committee through prior consultations with representatives of the Contracting Parties before the start of the meetings.
14. The term " type approval"means a written confirmation by a Contracting Party (or a competent authority designated by a Contracting Party) that the vehicle and/or any piece of equipment and/or part that may be fitted and/or used on the vehicle conforms to specific technical requirements and is used in as a precondition for the release of this vehicle, piece of equipment or part for sale.
15. The term " UNECE Regulations" means the Regulations of the United Nations Economic Commission for Europe adopted pursuant to the 1958 Agreement.
16. The term " working group" means the ECE specialized technical subsidiary body whose function is to develop recommendations for the introduction of harmonized or new global technical regulations for inclusion in the Global Registry and to consider amendments to global technical regulations introduced into the Global Registry.
17. The term " 1958 agreement" means the Agreement on the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted and/or Used on Wheeled Vehicles and on the Conditions for the Mutual Recognition of Approvals Granted on the Basis of These Prescriptions.
Annex B
COMPOSITION AND RULES OF PROCEDURE OF THE EXECUTIVE BOARD
Article 1
Only Contracting Parties may be members of the Executive Committee.
Article 2
All Contracting Parties are members of the Executive Committee.
Article 3
3.1. Except as provided in paragraph 3.2 of this Article, each Contracting Party shall have one vote.
3.2. If the Contracting Parties to this Agreement are one regional economic integration organization and one or more of its member States, the regional economic integration organization, in matters within its competence, shall exercise its right to vote by a number of votes equal to the number of its member States which are Contracting Parties to this Agreement. Such an organization shall not exercise its right to vote if any of its member states exercises its right, and vice versa.
Article 4
Any Contracting Party must be represented in order to vote. The Contracting Party for which its regional economic integration organization votes does not need to be represented in the vote.
Article 5
5.1. A quorum of at least half of all Contracting Parties must be ensured for a vote to take place.
5.2. For the purposes of determining a quorum pursuant to this Article and determining the number of Contracting Parties necessary to provide one third of the Contracting Parties present and voting, in accordance with paragraph 7.1 of Article 7 of this Annex, a regional economic integration organization shall be considered to be one Contracting Party.
Article 6
6.1. The Executive Board, at its first session each calendar year, elects a Chairman and a Vice-Chairman from among its members. The Chairman and Vice-Chairman shall be elected by a two-thirds vote in favor of all Contracting Parties present and voting.
6.2. Both the Chairman and Vice-Chairman shall not be representatives of the same Contracting Party for more than two consecutive years. In any given year, both the Chairman and the Vice-Chairman must not represent the same Contracting Party.
Article 7
7.1. National or regional regulations shall be included in the Compendium of Candidates either by a vote in favor of at least one third of all Contracting Parties present and voting (as defined in Article 5.2 of this annex) or by one third of the total votes, depending on which of these indicators is more conducive to voting "yes". In any case, the one-third vote shall include either the European Community, or the United States of America, or Japan, if either of them is a Contracting Party.
7.2. The introduction of global technical regulations in the Global Registry, the amendment of established global technical regulations and the amendment of this Agreement shall be effected by voting by consensus of the Contracting Parties present and voting. Any Contracting Party present and voting which expresses an objection to a matter requiring a vote by consensus shall provide a written explanation of the reason for its objection to the Secretary-General within sixty (60) days of the date of the vote. If such Contracting Party fails to provide such an explanation within this period, it shall be deemed to have voted "yes" on the issue on which the vote was taken. If all Contracting Parties objecting to the matter fail to submit such written explanations, all persons present and voting shall be deemed to have voted in favour, by consensus, on the matter. In this case, the voting date is considered the first day after the expiration of this 60-day period.
7.3. All other matters requiring settlement may, at the discretion of the Executive Committee, be resolved through the voting procedure set out in paragraph 7.2 of this article.
Article 8
Contracting Parties abstaining from voting shall be considered as not voting.
Article 9
The Executive Secretary shall convene the Executive Committee whenever a vote is required under , or this Agreement, or whenever action needs to be taken under this Agreement.
I hereby certify that this text is a certified true copy of the Agreement Establishing Global Technical Regulations for Wheeled Vehicles, Equipment and Parts Which Can Be Installed and/or Used on Wheeled Vehicles, adopted at Geneva on June 25, 1998.
© 2008 - 2014 EML LLP
6.1. A register of global technical regulations developed and introduced on the basis of this article is being created and updated. This register is referred to as the Global Registry.
6.2. Introduction of global technical regulations into the Global Registry through harmonization of existing regulations
Any Contracting Party may submit a proposal for the development of a harmonized global technical regulation concerning performance or design elements that are affected either by the technical regulation in the Compendium of Candidates, or by any UNECE Regulation, or both.
6.2.1. the proposal referred to in clause 6.2 must contain:
6.2.1.1. clarification of the purpose of the proposed global technical regulation;
6.2.1.2. a description or draft text of the proposed global technical regulation, if available;
6.2.1.3. available documentation that may assist in the analysis of the issues addressed in the report required in accordance with paragraph 6.2.4.2.1 of this article;
6.2.1.4. a list of all technical regulations contained in the Compendium of Candidates and any UNECE Regulations that refer to the same performance or design elements that are to be considered in the proposed global technical regulation; and
6.2.1.5. an indication of any known applicable relevant international standards applied on a voluntary basis.
6.2.2. Each proposal referred to in paragraph 6.2.1 of this Article shall be submitted to the Executive Committee.
6.2.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements of Article 4 and paragraph 6.2.1 of this Article. It may forward all other proposals to the relevant working group.
6.2.4. When considering a proposal submitted to a working group to develop a global technical regulation based on harmonization, this working group uses transparent procedures to:
6.2.4.1. developing recommendations for global technical regulations through:
6.2.4.1.1. taking into account the purpose of the proposed global technical regulation and the need to establish alternative levels of regulatory requirements or performance,
6.2.4.1.2. examining all technical regulations included in the Compendium of Candidates and any UNECE Regulations related to the same performance elements,
6.2.4.1.3. study of any documentation attached to the rules referred to in paragraph 6.2.4.1.2 of this article,
6.2.4.1.4. examining any available functional equivalence assessments relevant to the review of the proposed global technical regulation, including assessments of relevant standards,
6.2.4.1.5. verifying that global technical regulations being developed meet the specified purpose of the regulations and the criteria set out in Article 4, and
6.2.4.1.6. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement;
6.2.4.2. presents to the Executive Committee:
6.2.4.2.1. a written report containing its recommendation on a global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of its consideration of the information referred to in paragraph 6.2.4.1 of this article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.2.4.2.2. the text of any recommended global technical regulation.
6.2.5. The Executive Committee, through the use of transparent procedures:
6.2.5.1. establishes whether the recommendations concerning the global technical regulation and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.2.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended global technical regulation, if any, do not meet the established requirements, then it returns the rules and report to the working group for revision or improvement;
6.2.5.2. is considering the introduction of recommended global technical regulations in accordance with the procedures set out in paragraph 7.2 of Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Board taken by consensus by voting "yes".
6.2.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Committee adopts this decision by consensus through a yes vote.
6.2.7. Upon the introduction of global technical regulations by the Executive Committee, the Secretariat shall attach to those regulations copies of all relevant documentation, including the proposal submitted in accordance with paragraph 6.2.1 of this Article, and the recommendations and report required under the provisions of paragraph 6.2.4.2.1 of this Article.
6.3. Introduction of new global technical regulations to the Global Registry
Any Contracting Party may submit a proposal for the development of new global technical regulations concerning performance or design elements not covered by the technical regulations included in the Compendium of Candidates or UNECE Regulations.
6.3.1. the proposal referred to in clause 6.3 must contain:
6.3.1.1. clarification of the purpose of the proposed new global technical regulation, based as far as possible on objective evidence;
6.3.1.2. a description or draft text of the proposed new global technical regulation, if available;
6.3.1.3. any available documentation that may contribute to the analysis of the issues addressed in the report required in accordance with paragraph 6.3.4.2.1 of this article; and
6.3.1.4. an indication of any known applicable relevant international standards applied on a voluntary basis.
6.3.2. Each proposal referred to in paragraph 6.3.1 of this Article shall be submitted to the Executive Committee.
6.3.3. The Executive Committee shall not transmit to any of the Working Groups any proposals which have not been found to satisfy the requirements of Article 4 and paragraph 6.3.1 of this Article. It may forward all other proposals to the relevant working group.
6.3.4. When considering a proposal submitted to a working group to develop new global technical regulations, this working group uses transparent procedures to:
6.3.4.1. developing recommendations for new global technical regulations through:
6.3.4.1.1. taking into account the purpose of the proposed new global technical regulation and the need to establish alternative mandatory or performance levels,
6.3.4.1.2. taking into account technical feasibility,
6.3.4.1.3. taking into account the economic justification,
6.3.4.1.4. examining the benefits, including the benefits of any alternative regulatory requirements and approaches considered,
6.3.4.1.5. comparing the cost-effectiveness potential of the recommended rules compared to alternative regulatory requirements and approaches considered,
6.3.4.1.6. verifying that new global technical regulations being developed meet the stated objective of the regulations and the criteria set out in Article 4, and
6.3.4.1.7. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement;
6.3.4.2. presents to the Executive Committee:
6.3.4.2.1. a written report containing its recommendation for a new global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of the consideration of the information referred to in paragraph 6.3.4.1 of this Article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.3.4.2.2. the text of any recommended new global technical regulation.
6.3.5. The Executive Committee, through the use of transparent procedures:
6.3.5.1. establishes whether the recommendations concerning new global technical regulations and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.3.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended new global technical regulation, if any, do not meet the established requirements, then it returns the regulation and report to the working group for revision or improvement;
6.3.5.2. is considering the adoption of recommended new global technical regulations in accordance with the procedures set out in paragraph 7.2 of Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Committee taken by consensus by voting "yes".
6.3.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Committee adopts this decision by consensus through a yes vote.
6.3.7. When a new global technical regulation is introduced by the Executive Committee, the Secretariat shall attach to the regulation copies of all relevant documentation, including the proposal submitted in accordance with paragraph 6.3.1 of this Article, and the recommendations and report required in accordance with paragraph 6.3.4.2.1 of this Article. .
6.4. Amendment of the global technical regulations
The procedures for amending any global technical regulation introduced into the Global Registry pursuant to this Article are specified in paragraph 6.3 of this Article in connection with the introduction of new global technical regulations into the Global Registry.
6.5. Access to documents
All documents reviewed or collected by the working group in the process of submitting recommendations on global technical regulations in accordance with this Article shall be made publicly available.
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AGREEMENT dated 25-06-98 ON THE INTRODUCTION OF GLOBAL TECHNICAL REGULATIONS FOR WHEELED VEHICLES EQUIPMENT AND... Relevant in 2018
Article 6 Register of global technical regulations
6.1. A register of global technical regulations developed and introduced on the basis of this article is being created and updated. This register is referred to as the Global Registry.
6.2. Introduction of global technical regulations into the Global Registry through the harmonization of existing regulations.
Any Contracting Party may submit a proposal for the development of a harmonized global technical regulation concerning performance or design elements that are affected either by the technical regulation in the Compendium of Candidates, or by any UNECE Regulation, or both.
6.2.1. the proposal referred to in clause 6.2 must contain:
6.2.1.1. clarification of the purpose of the proposed global technical regulation;
6.2.1.2. a description or draft text of the proposed global technical regulation, if available;
6.2.1.3. available documentation that may assist in the analysis of the issues addressed in the report required in accordance with paragraph 6.2.4.2.1 of this article;
6.2.1.4. a list of all technical regulations contained in the Compendium of Candidates and any UNECE Regulations that refer to the same performance or design elements that are to be considered in the proposed global technical regulation; and
6.2.1.5. an indication of any known applicable relevant international standards applied on a voluntary basis.
6.2.2. Each offer in paragraph
6.2.1 of this article is submitted to the Executive Committee.
6.2.3. The Executive Committee shall not transmit to any of the working groups any proposals which have not been found to satisfy the requirements of Article 4 and paragraph 6.2.1. of this article. It may forward all other proposals to the relevant working group.
6.2.4. When considering a proposal submitted to a working group to develop a global technical regulation based on harmonization, this working group uses transparent procedures to:
6.2.4.1.1. taking into account the purpose of the proposed global technical regulation and the need to establish alternative levels of regulatory requirements or performance,
6.2.4.1.2. examining all technical regulations included in the Compendium of Candidates and any UNECE Regulations related to the same performance elements,
6.2.4.1.3. study of any documentation attached to the rules referred to in paragraph 6.2.4.1.2 of this article,
6.2.4.1.4. examining any available functional equivalence assessments relevant to the review of the proposed global technical regulation, including assessments of relevant standards,
6.2.4.1.5. verifying that global technical regulations being developed meet the specified purpose of the regulations and the criteria set out in Article 4, and
6.2.4.1.6. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement;
6.2.4.2. presents to the Executive Committee:
6.2.4.2.1. a written report containing its recommendation on a global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of its consideration of the information referred to in paragraph 6.2.4.1 of this article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.2.5. The Executive Committee, through the use of transparent procedures:
6.2.5.1. establishes whether the recommendations concerning the global technical regulation and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.2.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended global technical regulation, if any, do not meet the established requirements, then it returns the rules and report to the working group for revision or improvement;
6.2.5.2. is considering the introduction of recommended global technical regulations in accordance with the procedures set out in paragraph 7.2 of Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Board taken by consensus by voting "yes".
6.2.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Committee adopts this decision by consensus through a yes vote.
6.2.7. When the Executive Committee establishes a global technical regulation, the secretariat shall attach to the regulation copies of all relevant documentation, including the proposal submitted in accordance with paragraph 6.2.1 of this Article, and the recommendations and report required under the provisions of paragraph 6.2.4.2.1 of this Article.
6.3. Introduction of new global technical regulations to the Global Registry
Any Contracting Party may submit a proposal for the development of new global technical regulations concerning performance or design elements not covered by the technical regulations included in the Compendium of Candidates or UNECE Regulations.
6.3.1. the proposal referred to in clause 6.3 must contain.
6.3.1.1. explaining the purpose of the proposed new global technical regulation, based as far as possible on objective data,
6.3.1.2. a description or draft text of the proposed new global technical regulation, if available,
6.3.1.3. any available documentation that may contribute to the analysis of the issues addressed in the report required in accordance with paragraph 6.3.4.2.1 of this article; and
6.3.1.4. an indication of any known applicable relevant international standards applied on a voluntary basis
6.3.2. Each proposal referred to in paragraph 631 of this Article shall be submitted to the Executive Committee.
6.3.3 The Executive Committee shall not transmit to any of the Working Groups any proposals which are found not to satisfy the requirements of Article 4 and paragraph 631 of this Article. It may forward all other proposals to the relevant working group.
6.3.4. When considering a proposal submitted to a working group to develop new global technical regulations, this working group uses transparent procedures to:
6.3.4.1.1. taking into account the purpose of the proposed new global technical regulation and the need to establish alternative mandatory or performance levels,
6.3.4.1.2. taking into account technical feasibility,
6.3.4.1.3. taking into account the economic justification,
6.3.4.1.4. examining the benefits, including the benefits of any alternative regulatory requirements and approaches considered,
6.3.4.1.5. comparing the cost-effectiveness potential of the recommended rules compared to alternative regulatory requirements and approaches considered,
6.3.4.1.6. verifying that new global technical regulations being developed meet the stated objective of the regulations and the criteria set out in Article 4, and
6.3.4.1.7. due regard to the possibility of introducing technical regulations in accordance with the 1958 Agreement;
6.3.4.2. presents to the Executive Committee:
6.3.4.2.1. a written report containing its recommendation for a new global technical regulation, including all the technical data and information that were considered in the development of its recommendation, reflecting the progress of the consideration of the information referred to in paragraph 6.3.4.1 of this Article, and justifying the need for its recommendations, including an explanation of the reasons rejection of any considered alternative regulatory requirements and approaches, and
6.3.5. The Executive Committee, through the use of transparent procedures:
6.3.5.1. establishes whether the recommendations concerning new global technical regulations and the report are based on sufficiently effective and thorough implementation of the activities referred to in paragraph 6.3.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or text of the recommended new global technical regulation, if any, do not meet the established requirements, then it returns the regulation and report to the working group for revision or improvement;
6.3.5.2. is considering the adoption of recommended new global technical regulations in accordance with the procedures set out in paragraph 7.2 of Article 7 of Annex B. Regulations are entered into the Global Registry based on a decision of the Executive Board taken by consensus by voting in favor.
6.3.6. The Global Technical Regulations shall be deemed to have been entered into the Global Registry on the day the Executive Committee adopts this decision by consensus through a yes vote.
6.3.7. When a new global technical regulation is introduced by the Executive Committee, the secretariat shall attach to the regulation copies of all relevant documentation, including the proposal submitted in accordance with paragraph 6.3.1 of this Article, and the recommendations and report required in accordance with paragraph 6.3.4.2.1 of this Article. .
6.4. Amendment of Global Technical Regulations Amendment procedures for any global technical regulation introduced into the Global Registry pursuant to this Article are specified in paragraph 6.3 of this Article in connection with the introduction of new global technical regulations into the Global Registry.
6.5. Access to documents
All documents reviewed or collected by the working group in the process of submitting recommendations on global technical regulations in accordance with this Article shall be made publicly available.