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12967 Multilateral - 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


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12967

 

 

AUTOMOTIVE TRAFFIC

Global Technical Regulations

 


Agreement Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS
Done at Geneva June 25, 1998

with

Annexes

 

 

 

 

 

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

 

 

 

 

 

 

 

 

 

 

 



MULTILATERAL

AUTOMOTIVE TRAFFIC: Global Technical Regulations

Agreement done at Geneva June 25, 1998;
Entered into force August 25, 2000.

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
PREAMBLE
THE CONTRACTING PARTIES,
HAVING DECIDED to adopt an Agreement to establish a process for
promoting the development of global technical regulations ensuring high
levels of 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;
HAVING DECIDED that such process shall also promote the
harmonization of existing technical regulations, recognizing the right
of subnational, national and regional authorities to adopt and maintain
technical regulations in the areas of health, safety, environmental
protection, energy efficiency and anti-theft performance that are more
stringent than those established at the global level;
HAVING AUTHORIZATION to enter into such an Agreement under paragraph
1(a) of the Terms of Reference of the UN/ECE and Chapter XIII of the
Rules of Procedure of the UN/ECE, Rule 50;
RECOGNIZING that this Agreement does not prejudice the rights and
obligations of a Contracting Party under existing international
agreements on health, safety and environmental protection;
RECOGNIZING that this Agreement does not prejudice the rights and
obligations of a Contracting Party under the agreements under the World
Trade Organization (WTO), including the Agreement on Technical Barriers
to Trade (TBT), and intending to establish global technical regulations
under this agreement, as a basis for their technical regulations in a
manner consistent with these agreements;
INTENDING that Contracting Parties to this Agreement use the global
technical regulations established under this Agreement as a basis for
their technical regulations;
RECOGNIZING the importance to public health, safety and welfare of
continuously improving and seeking high levels of safety, environmental
protection, energy efficiency and anti-theft performance of wheeled
vehicles, equipment and parts which can be fitted and/or be used on
wheeled vehicles, and the potential value to international trade,
consumer choice and product affordability of increasing convergences in
existing and future technical regulations and their related standards;
RECOGNIZING that governments have the right to seek and implement
improvements in the level of health, safety and environmental
protection, and to determine whether the global technical regulations
established under this Agreement are suitable for their needs;
RECOGNIZING the important harmonization work already carried out
under the 1958 Agreement;
RECOGNIZING the interest and expertise in different geographic
regions regarding safety, environmental, energy and anti-theft problems
and methods of solving those problems, and the value of that interest
and expertise in developing global technical regulations to aid in
achieving those improvements and in minimizing divergences;
DESIRING to promote the adoption of established global technical
regulations in developing countries, taking into account the special
issues and circumstances for those countries, and in particular the
least developed of them;
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:
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ARTICLE 1
PURPOSE
1.1. The purpose of this Agreement is:
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 subnational level;
1.1.6. To reduce technical barriers to international trade through
harmonizing existing technical regulations of Contracting
Parties, and UN/ECE Regulations, and developing new global
technical regulations governing safety, environmental
protection, energy efficiency and anti-theft performance of
wheeled vehicles, equipment and parts which can be fitted
and/or be used on wheeled vehicles, consistent with the
achievement of high levels of safety and environment
protection and the other above-stated purposes; and
1.1.7. To ensure that, where alternative levels of stringency are
needed to facilitate the regulatory activities of certain
countries, in particular developing countries, such needs
are taken into consideration in developing and establishing
global technical regulations.
1.2. This Agreement is to operate in parallel with the 1958
Agreement, without affecting the institutional autonomy of
either Agreement.
ARTICLE 2
CONTRACTING PARTIES AND CONSULTATIVE STATUS
2.1. Countries that are members of the Economic Commission for
Europe (UN/ECE), regional economic integration
organizations that are set up by ECE member countries and
countries that are admitted to the ECE in a consultative
capacity in accordance with paragraph 8 of the ECE's Terms
of Reference, may become Contracting Parties to this
Agreement..
2.2. Countries that are members of the United Nations and that
participate in certain activities of the ECE in accordance
with paragraph 11 of the ECE's Terms of Reference, and
regional economic integration organizations set up 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 have been granted consultative status
by the Economic and Social Council of the United Nations,
may participate in that capacity in the deliberations of
any Working Party during consideration of any matter of
particular concern to that agency or organization.
ARTICLE 3
EXECUTIVE COMMITTEE
3.1. The representatives of Contracting Parties shall constitute
the Executive Committee of this Agreement and shall meet at
least annually in that capacity.
3.2. The Rules of Procedure of the Executive Committee are set
forth in Annex B to this Agreement.
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3.3. The Executive Committee shall:
3.3.1. be responsible for the implementation of this Agreement,
including the setting of priorities for activity under this
Agreement;
3.3.2. consider all recommendations and reports by Working Parties
regarding the establishment of global technical regulations
under this Agreement; and
3.3.3. fulfil such other functions as may be appropriate under
this Agreement.
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
4.1.3.3. 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

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.
5.2. Listing technical in the Compendium of
Candidates
Any Contracting Party may submit a request to the Executive
Committee for the listing in the Compendium of Candidates
of any technical regulation that such Contracting Party has
applied, is applying or has adopted for future application.
5.2.1. The request specified in paragraph 5.2. shall contain:
5.2.1.1. a copy of such regulation;
5.2.1.2. any available technical documentation supporting such
regulation, including documentation concerning best
available technology, relative benefits, and cost
effectiveness; and
5.2.1.3. the identification of any known existing or imminent
relevant international voluntary standards.
5.2.2. The Executive Committee shall consider all requests that
satisfy the requirements of Article 4 and paragraph 5.2.1.
of this Article. The technical regulation shall be listed
in the Compendium of Candidates if supported by an
affirmative vote in accordance with paragraph 7.1. of
Article 7 of Annex B. The documentation submitted with the
request for that regulation shall be appended to the listed
technical regulation.
5.2.3. The requested regulation shall be considered to be listed
by the Secretary-General on the date on which it is
supported by an affirmative vote under paragraph 5.2.2. of
this Article.
5.3. Removing listed technical regulations from the Compendium
of Candidates
A listed technical regulation shall be removed from the
Compendium of Candidates either:
5.3.1. upon the establishment in the Global Registry of a global
technical regulation embodying product requirements
addressing the same elements of performance or design
characteristics as the listed technical regulation;
5.3.2. at the end of the 5-year period following the regulation's
listing under this Article, and at the end of each
subsequent 5-year period, unless the Executive Committee
reaffirms, by an affirmative vote in accordance with
paragraph 7.1. of Article 7 of Annex B, the listing of the
technical regulation 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
listed. Such request shall include the bases for the
removal of the regulation.
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5.4. Availability of documents
All documents considered by the Executive Committee under
this Article shall be publicly available.
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.
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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;
6.2.4.1.4. reviewing any available assessments of functional
equivalence relevant to the consideration of the proposed
global technical regulation, including assessments of
related standards;
6.2.4.1.5. verifying whether the global technical regulation under
development satisfies the stated objective of the
regulation and the criteria in Article 4; and
6.2.4.1.6. giving due consideration to the possibility of the
technical regulation being established under the 1958
Agreement.
6.2.4,2. submit to the Executive Committee:
6.2.4.2.1. a written report that presents its recommendation regarding
the global technical regulation, includes all technical
data and information that were considered in the
development of its recommendation, describes its
consideration of the information specified in
paragraph 6.2.4,1. of this Article, and sets forth the
rationale for its recommendations, including an explanation
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for rejecting any alternative regulatory requirements and
approaches considered; and
6.2.4.2.2. the text of any recommended global technical regulation.
The Executive Committee shall, using transparent
procedures:

determine whether the recommendations regarding the global
technical regulation, and the report are based upon a
sufficient and thorough performance of the activities
specified in paragraph 6.2.4.1. of this Article. If the
Executive Committee determines that the recommendations,
report and/or the text of the recommended global technical
regulation, if any, are inadequate, it shall return the
regulation and report to the Working Party for revision or
additional work.
6.2.5.2. consider the establishment of a recommended global
technical regulation in accordance with the procedures set
forth in paragraph 7,2, of Article 7 of Annex B. A
consensus vote by the Executive Committee in favour of the
regulation shall establish the Regulation in the Global
Registry.
6.2.6. The global technical regulation shall be considered to be
established in the Global Registry on the date of the
consensus vote by the Executive Committee in favour of the
regulation,
6.2.7. The Secretariat shall, upon the establishment of a global
technical regulation by the Executive Committee, append
copies of all relevant documentation, including the
proposal submitted pursuant to paragraph 6.2.1. of this
Article and the recommendations and report required by
paragraph 6.2.4.2.1. of this Article, to that regulation.
6.3. Establishing new lobal technical re• lations in he 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.
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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
6.3.1.4. analysis of the issues to be addressed in the report
6.3.2. required by paragraph 6.3.4.2.1. of this Article; and
6.3.3.
the identification of any known existing relevant
international voluntary standards.

Each proposal specified in paragraph 6.3.1. of this Article
shall be submitted to the Executive Committee.

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;
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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.
6.3.4.2. submit to the Executive Committee:
6.3.4.2.1. a written report that presents its recommendation regarding
the new global technical regulation, includes all technical
data and information that were considered in the
development of its recommendation, describes its
consideration of the information specified in
paragraph 6.3.4.1. of this Article, and sets forth the
rationale for its recommendations, including an explanation
for rejecting any alternative regulatory requirements and
approaches considered; and
6.3.4.2.2. the text of any recommended new global technical
regulation.
6.3.5. The Executive Committee shall, using transparent
procedures:
6.3.5.1. determine whether the recommendations regarding the new
global technical regulation and the report are based upon a
sufficient and thorough performance of the activities
specified in paragraph 6.3.4.1. of this Article. If the
Executive Committee determines that the recommendations,
report and/or the text of the recommended new global
technical regulation, if any, are inadequate, it shall
return the regulation and report to the Working Party for
revision or additional work.
6.3.5.2. consider the establishment of a recommended new global
technical regulation in accordance with the procedures set
forth in paragraph 7.2. of Article 7 of Annex B. A
consensus vote by the Executive Committee in favour of the
regulation shall establish the Regulation in the Global
Registry.
6.3.6. The global technical regulation shall be considered to be
established in the Global Registry on the date of the
consensus vote by the Executive Committee in favour of the
regulation.
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6.3.7. The Secretariat shall, upon the establishment of a new
global technical regulation by the Executive Committee,
append copies of all relevant documentation, including the
proposal submitted pursuant to paragraph 6.3.1. of this
Article and the recommendations and report required by
paragraph 6.3.4.2.1. of this Article, to that Regulation.
6.4. Amending established global technical regulations
The process for amending any global technical regulation
established in the Global Registry under this Article shall
be the procedures specified in paragraph 6.3. of this
Article for establishing a new global technical regulation
in the Global Registry.
6.5. Availability of documents
All documents considered or generated by the Working Party
in recommending global technical regulations under this
Article shall be publicly available.
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
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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
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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 8
ISSUE RESOLUTION
8.1. Questions concerning the provisions of an established
global technical regulation shall be referred to the
Executive Committee for resolution.
8.2. Issues between two or more Contracting Parties concerning
the interpretation or application of this Agreement shall,
so far as possible, be resolved through consultation or
negotiation between or among them. Where this process
fails to resolve the issues, the Contracting Parties
concerned may agree to request the Executive Committee to
resolve the issue as provided in paragraph 7.3. of Article
7 of Annex B.
ARTICLE 9
BECOMING A CONTRACTING PARTY
9.1. Countries and regional economic integration organizations
specified in Article 2 may become Contracting Parties to
this Agreement by either:
9.1.1. signature without reservation as to ratification,
acceptance or approval;
9.1.2. signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval;
9.1.3. acceptance; or
9.1.4. accession.
9.2. The instrument of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General.
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9.3 Upon becoming a Contracting Party:
9.3.1. after this Agreement has entered into force, each country
or regional integration organization shall give
notification in accordance with Article 7 as to which, if
any, global technical regulation(s) established pursuant to
Article 6 it will adopt, and as to any decision to accept
products that comply with any of those global technical
regulations, without adopting those Regulations into its
own laws or regulations. 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
adopted or accepted by the Contracting Party.
9.3.2. each regional economic integration organization shall
declare in matters within its competence that its Member
States have transferred powers in fields covered by this
Agreement, including the power to make binding decisions on
their Member States.
9.4. Regional economic integration organizations that are
Contracting Parties shall cease being Contracting Parties
when they lose the powers declared in accordance with
paragraph 9.3.2. of this Article and shall inform the
Secretary-General thereof.
ARTICLE 10
SIGNATURE
10.1. This Agreement shall be open for signature beginning
25 June 1998.
10.2. This Agreement shall remain open for signature until its
entry into force.
ARTICLE 11
ENTRY INTO FORCE
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
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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.
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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.
13.3. If there is a consensus vote in favour of the amendment by
the Contracting Parties present and voting, 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 under paragraph 13.3. of this
Article shall be deemed to be accepted by all Contracting
Parties if no Contracting Party expresses an objection
within a period of six (6) months after the date of such
circulation. If no such objection has been expressed, the
amendment shall enter into force for all Contracting
Parties three (3) months after the expiry of the period of
the six (6) months referred in this paragraph.
13.5 The Secretary-General shall, as soon as possible, notify
all Contracting Parties whether an objection to the
proposed amendment has been expressed. If such objection
has been expressed, the amendment shall be deemed not to
have been accepted, and shall be of no effect whatever.
ARTICLE 14
DEPOSITARY
The Depositary of this Agreement shall be the Secretary-General of the
United Nations. In addition to other depositary functions, the
Secretary-General shall, as soon as possible, notify the Contracting
Parties of:
14.1. the listing or removing of technical regulations under
Article 5.
14.2. the establishing or amending of global technical
regulations under Article 6.
14.3. notifications received in accordance with Article 7.
14.4. signatures, acceptances, and accessions in accordance with
Articles 9 and 10.
14.5. notifications received in accordance with Article 9.
- 18 -
14.6. the dates on which this Agreement shall enter into force
for Contracting Parties in accordance with Article 11,
14.7. notifications of withdrawal from this Agreement received in
accordance with Article 12.
14.8. the date of entry into force of any amendment to this
Agreement in accordance with Article 13.
14.9. notifications received in accordance with Article 15
regarding territories.
ARTICLE 15
EXTENSION OF AGREEMENT TO TERRITORIES
15.1. This Agreement shall extend to any territory or territories
of a Contracting Party for whose international relations
such Contracting Party is responsible, unless the
Contracting Party otherwise specifies, prior to 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 12.
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.
Annex A
Definitions
For the purposes of this Agreement, the following definitions shall
apply:
1. With regard to the global technical regulations developed
under this Agreement, the term "accept" means the action by a
Contracting Party of allowing the entry of products that
comply with a global technical regulation into its market
without having adopted that global technical regulation into
its respective laws and regulations.
2. With regard to the global technical regulations developed
under this Agreement, the term "adopt" means the promulgation
of a global technical regulation into the laws and
regulations of a Contracting Party.
3. With regard to the global technical regulations developed
under this Agreement, the term "apply" means the action of
requiring compliance with a global technical regulation by a
Contracting Party as of a certain date; in other words, the
effective date of the regulation within a Contracting Party's
jurisdiction.
4 The term "Article" means an article of this Agreement.
5 The term "consensus vote" means a vote on a matter in which
no Contracting Party present and voting objects to the matter
in accordance with paragraph 7.2. of Article 7 of Annex B.
6. The term "Contracting Party" means any country, or regional
economic integration organization, that is a Contracting
Party to this Agreement.
7 The term "e uipment and marts which can be fitted and/or be
used on wheeled vehicles" means equipment or parts whose
characteristics have a bearing on safety, environmental
protection, energy efficiency, or anti-theft performance.
Such equipment and parts include, but are not limited to,
exhaust systems, tyres, engines, acoustic shields, anti-theft
alarms, warning devices, and child restraint systems.
8. The term "established global technical regulation" means a
global technical regulation that has been placed on the
Global Registry in accordance with this Agreement.
- 20 -
9. The term "listed technical regulation" means a national or
regional technical regulation that has been placed on the
Compendium of Candidates in accordance with this Agreement.
10. The term "manufacturer self-certification" means a
Contracting Party's legal requirement that a manufacturer of
wheeled vehicles, equipment and/or parts which can be fitted
and/or be used on wheeled vehicles must certify that each
vehicle, item of equipment or part that the manufacturer
introduces into commerce satisfies specific technical
requirements.
11. The term "regional economic integration organization" means
an organization which is constituted by, and composed of,
sovereign countries, and which has competence in respect of
matters covered by this Agreement, including the authority to
make decisions binding on all of its Member Countries in
respect of those matters.
12. The term "Secretary-General" means the Secretary-General of
the United Nations,
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
- 21 -
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.
Annex B
COMPOSITION AND RULES OF PROCEDURE OF
THE EXECUTIVE COMMITTEE
Article 1
Membership in the Executive Committee shall be limited to Contracting
Parties.
Article 2
All Contracting Parties shall be 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 a regional economic integration organization and one or more
of its Member States are Contracting Parties to this Agreement,
the regional economic integration organization shall, in matters
within its, competence, exercise its right to vote with a number
of votes equal to the number of its Member States that 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
In order to cast its own vote, a Contracting Party shall be present. A
Contracting Party need not be present for the casting of a vote by its
regional economic integration organization.
Article 5
5.1. A quorum consisting of not less than half of all the Contracting
Parties shall be present for the taking of a vote.
5.2. For purposes of determining a quorum under this Article, and
determining the number of Contracting Parties needed to
constitute one-third of the Contracting Parties present and
voting under paragraph 7.1. of Article 7 of this Annex, a
regional economic integration organization and its Member States
shall be counted as one Contracting Party.
23
Article 6
6.1. The Executive Committee shall, at its first session each calendar
year, elect a Chairman and Vice-Chairman from its membership.
The Chairman and Vice-Chairman shall be elected by a two-thirds
affirmative vote of all Contracting Parties present and voting.
6.2. Neither the Chairman, nor the Vice-Chairman, shall come from the
same Contracting Party more than two years in succession. In any
year, the Chairman and Vice-Chairman shall not come from the same
Contracting Party.
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.
- 24 -
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.
I hereby certify that the
foregoing text is a true copy of
the 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, adopted at Geneva on
25 June 1998, the original of
which is deposited with the
Secretary-General of the United
Nations.
Je certifie que le texte qui
precede est une copie conforme de
l'Accord concernant l'etablissement
de règlements techniques mondiaux
applicables aux véhicules a roues,
ainsi qu'aux équipements et pieces
qui peuvent être montes et/ou
utilises sur les véhicules a roues,
adopté a Geneve le 25 juin 1998, et
dont l'original se trouve depose
auprès du Secrétaire general des
Nations Unies.
For the Secretary-General Pour le Secrétaire general
The Legal Counsel Le Conseiller juridique
(Under-Secretary-General (Secrétaire general adjoint
for Legal Affairs) aux affaires juridiques)
Hans Corell
United Nations, New York Organisation des Nations Unies
17 June 1999 New York, le 17 juin 1999



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