Proposal for a Council Decision for approval on behalf of the European Community 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 ('Parallel Agreement')
Date: 1999-01-27
Institutions: European Commission
Subjects: harmonisation of standards, motor vehicle, technical regulations, two-wheeled vehicle, vehicle parts

29.3.1999

EN

Official Journal of the European Communities

C 87/1

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Decision for approval on behalf of the European Community 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 ((cid:28)Parallel
Agreement’)

(1999/C 87/01)

COM(1999) 27 final — 99/011 (AVC)

(Submitted by the Commission on 27 January 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and in particular Article 113 thereof, in
conjunction with Article 228(2), first sentence, and
Article 228(3) second subparagraph thereof,

Having regard to the proposal by the Commission,

Having
Parliament,

received

the

assent

of

the European

of

the United Nations

Whereas,
in its Decision of 3 November 1997, the
Council authorised the Commission to negotiate in the
Economic
framework
Commission for Europe (UN/ECE) an agreement
concerning
technical
establishing of
regulations for wheeled vehicles, equipment and parts
which can be fitted and/or be used on wheeled
vehicles;

global

the

Whereas, as a result of those negotiations, on 25 June
1998 the Parallel Agreement was opened for signature;
whereas the Community signed the Agreement on
… (1).

Whereas
automotive sector

international

the
is already taking place in the

harmonisation

in

of

adoption

framework of the 1958 UN/ECE Revised Agreement
the
concerning
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
these
of
on
prescriptions
to
which the Community became contracting party on
24 March 1998;

the
(henceforth the 1958 Agreement),

approvals

granted

basis

of

of

the

conclusion

Parallel Agreement
Whereas
constitutes an aim of
common trade policy in
accordance with Article 113 of the Treaty to remove
existing and avoid the creation of new technical
to trade in motor vehicles between the
barriers
involvement by the
contracting parties; whereas
consistency between the
Community will
harmonisation activities conducted under both the
1958 Agreement and the Parallel Agreement and will
thus permit easier access to third-country markets;

ensure

conclusion of
establishes

the
Whereas
Community
institutional
framework by organising cooperation procedures
between contracting parties; whereas the assent of the
European Parliament is therefore required;

the Agreement by
a

specific

it

is necessary

Whereas
practical
arrangements with regard to the involvement of the
Community in the Parallel Agreement;

to establish

(1) Date

to be

inserted following

signature of

the

Agreement.

Whereas the Commission should be responsible for
meeting all the notification requirements laid down in

C 87/2

EN

Official Journal of the European Communities

29.3.1999

the Agreement; whereas the Parallel Agreement is to
operate in parallel with the 1958 Agreement; whereas
both agreements will operate in the framework of the
UN/ECE and use the same Working Parties and
facilities installed in that framework;

Whereas the Parallel Agreement creates a framework
to establish global technical regulations in the global
registry by consensus vote; whereas due to the
operating in parallel of
the two agreements, draft
technical
regulations emerging from the Working
Groups will in principle be voted in the bodies under
both agreements; whereas for the 1958 Agreement a
decision-making procedure has been established;
whereas the Community vote concerning the Parallel
Agreement can therefore be decided upon within the
same procedure on the same occasion as for the 1958
Agreement;

Whereas in cases, where a regulation is only voted
under the Parallel Agreement it is possible to delegate
the decision determining the Community vote to the
Commission assisted by the regulatory committee
because the established global technical regulation has
at a later stage to be submitted to the procedure laid
down in Articles 100 A and 189 B of the Treaty for
adoption;

Whereas the Community vote regarding a proposed
amendment
should be
to the Parallel Agreement
determined in accordance with the procedure followed
in order to approve the Agreement; whereas, with
regard to the expression of an objection to an
amendment
a
consensus vote in favour of the amendment, taking
account of
the time constraints laid down in the
Agreement, the Community position may be decided
upon by the Commission in a less complex procedure,

to the Parallel Agreement

after

HAS DECIDED AS FOLLOWS:

Article 1

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, hereinafter
the
(cid:28)Parallel Agreement’, is hereby approved on behalf of
the European Community.

referred to as

Article 2

the person empowered to lodge

The President of the Council shall be authorised to
the
designate
instrument of approval as required by Article 9(2) of
the Parallel Agreement and to make the declaration
contained in Annex II.

Article 3

The Commission shall carry out on behalf of the
Community all
the notifications laid down in the
Parallel Agreement, in particular those according to its
Articles 7, 9, 12 and 15.

Article 4

The contribution of the Community with regard
1.
to the priorities of
the work programme shall be
established as appropriate in accordance with the
procedure laid down in Article 228(1) of the Treaty.

The Commission shall

2.
inform the European
Parliament, particularly with regard to the drawing up
of the work programme and to the direction and
results of preparatory work. The Commission shall in
addition forward draft global
technical regulations
and amendments to the Parliament in good time.

3.
The Commission shall represent the Community
in the Executive Committee as set up by Article 3 of
the Parallel Agreement. The Commission shall exercise
the right to vote for the Community within the bodies
set up under the Agreement.

4.
The Community institutions will accelerate their
procedures as far as possible in order not to delay the
this
vote within the UN/ECE unnecessarily. For
purpose the Commission shall submit its proposal or
draft decision, as required by Article 5(1) as soon as
all of the essential components of the draft global
technical regulation or the amendment have been
supplied.

Article 5

The Community

1.
in favour of
shall
establishing any draft global technical regulation or a
draft amendment to such a regulation:

vote

The text of
Annex I.

the Parallel Agreement

is set out as

— if the Community’s vote in favour of the parallel
draft technical regulation has been decided upon

29.3.1999

EN

Official Journal of the European Communities

C 87/3

under either of
Article 4(2) of Council Decision 97/836/EC (1);

the procedures

laid down in

— if a global technical regulation or an amendment
to such a regulation is not established in parallel
with a regulation or an amendment to such a
regulation under the 1958 Agreement, where the
draft has been approved in accordance with the
in Article 13 of Council
procedure
Directive 70/156/EEC (2).

set out

2. Where an approval according to paragraph 1 is
the
not given,
establishment of a global technical regulation in the
global registry.

the Community shall vote against

shall be established as appropriate in accordance with
the procedure laid down in Article 13 of Directive
70/156/EEC.

Article 6

1.
The Community shall vote in favour of a
proposed amendment to the Parallel Agreement where
the proposed amendment has been approved in
accordance with the procedure followed in order to
approve the Agreement. Where that procedure has not
been completed in time before the vote takes place the
Commission will vote against
the amendment on
behalf of the Community.

3.
The Community position with regard to the
listing and reaffirmation of listing in the compendium
of candidate technical regulations as well as with
regard to issue resolution between contracting parties

2.
The decision to express an objection to an
amendment to the Parallel Agreement shall be taken in
accordance with the procedure laid down in the
second indent of Article 5(1).

(1) OJ L 346, 17.12.1997, p. 78.
(2) OJ L 42, 23.2.1970, p. 1.

C 87/4

EN

Official Journal of the European Communities

29.3.1999

ANNEX I

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 harmonisation of existing
technical regulations, recognising 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 AUTHORISATION 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;

RECOGNISING that this Agreement does not prejudice the rights and obligations of a
contracting party under
safety and
environmental protection;

existing international agreements on health,

RECOGNISING 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;

RECOGNISING 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;

RECOGNISING 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;

RECOGNISING the important harmonisation work already carried out under the 1958
Agreement;

29.3.1999

EN

Official Journal of the European Communities

C 87/5

RECOGNISING 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
in
developing countries, taking into account the special issues and circumstances for those
countries, and in particular the least developed of them;

regulations

technical

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;

RECOGNISING 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;

RECOGNISING the impact of the quality of vehicle fuels on the performance of vehicle
environmental controls, human health, and fuel efficiency;

RECOGNISING 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:

Article 1

Purpose

1.1.

The purpose of the Agreement is:

1.1.1.

1.1.2.

1.1.3.

1.1.4.

1.1.5.

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;

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;

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;

to ensure that the procedures used in developing global technical regulations
are transparent;

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;

C 87/6

EN

Official Journal of the European Communities

29.3.1999

1.1.6.

1.1.7.

developing

to reduce technical barriers to international
trade through harmonising
existing technical regulations of contracting parties, and UN/ECE Regulations,
and
safety,
technical
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

new global

regulations

governing

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

that are members of

Countries
the Economic Commission for Europe
(UN/ECE), regional economic integration organisations 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.

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 organisations set up by
such countries, may become contracting parties to this Agreement.

Any specialised agency and any organisation,
including intergovernmental
organisations and non-governmental organisations, that have been granted
consultative status by the Economic and Social Council of the United Nations,
may participate in that capacity in the deliverations of any Working Party
during consideration of any matter of particular concern to that agency or
organisation.

Article 3

Executive Committee

The representatives of contracting parties shall constitute the Executive
Committee of this Agreement and shall meet at least annually in that capacity.

The Rules of Procedure of the Executive Committee are set forth in Annex B
to this Agreement.

2.1.

2.2.

2.3.

3.1.

3.2.

3.3.

The Executive Committee shall:

3.3.1.

3.3.2.

be responsible for the implementation of this Agreement, including the setting
of priorities for activity under this Agreement;

consider all recommendations and reports by Working Parties regarding the
establishment of global technical regulations under this Agreement, and

29.3.1999

EN

Official Journal of the European Communities

C 87/7

3.3.3.

fulfil such other functions as may be appropriate under this Agreement.

3.4.

3.5.

4.1.

4.1.1.

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.

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

To be listed under Article 5 or established under Article 6, a technical
regulation shall meet the following criteria:

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
demonstrated;

to be

4.1.3.2.

for regulations to be listed under Article 5, where appropriate, a clear
description of approval or certification markings and/or labels requisite for
for manufacturer
type
self-certification requirements, and

and conformity of production or

approval

4.1.3.3.

if applicable, a recommended minimum period of lead time, based upon
considerations of reasonableness and practicability, that a contracting party
should provide before requiring compliance.

4.2.

5.1.

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

A compendium of technical regulations of contracting parties other than
UN/ECE Regulations that are candidates for harmonisation or adoption as
global technical regulations (to be known as the Compendium of Candidates)
shall be created and maintained.

C 87/8

EN

Official Journal of the European Communities

29.3.1999

5.2.

L i s t i n g
C a n d i d a t e s

t e c h n i c a l

r e g u l a t i o n s

i n

t h e C o m p e n d i u m o f

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.

5.2.3.

satisfy the
The Executive Committee shall consider all
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.

requests

that

requested regulation shall be

The
the
Secretary-General on the date on which it is supported by an affirmative vote
under paragraph 5.2.2. of this Article.

considered to be

listed by

5.3.

R e m o v i n g l i s t e d t e c h n i c a l r e g u l a t i o n s f r o m t h e C o m p e n d i u m
o f C a n d i d a t e s

5.3.1.

5.3.2.

A listed technical regulation shall be removed from the Compendium of
Candidates either:

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;

at the end of the five year period following the regulation’s listing under this
Article, and at
five 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

the end of each subsequent

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.

5.4.

Av a i l a b i l i t y o f d o c u m e n t s

All documents considered by the Executive Committee under this Article shall
be publicly available.

29.3.1999

EN

Official Journal of the European Communities

C 87/9

Article 6

Registry of global technical regulations

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.

E s t a b l i s h i n g
R e g i s t r y t h r o u g h h a r m o n i s a t i o n o f e x i s t i n g r e g u l a t i o n s

r e g u l a t i o n s

t e c h n i c a l

g l o b a l

i n t h e G l o b a l

6.1.

6.2.

A contracting party may submit a proposal to develop a harmonised global
technical
design
characteristics addressed either by technical
listed in the
Compendium of Candidates, or by any UN/ECE Regulations, or both.

performance

regulations

concerning

regulation

elements

or

of

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
technical
design characteristics to be addressed by the proposed global
regulation, and

6.2.1.5.

the identification of any known existing relevant
standards.

international voluntary

6.2.2.

6.2.3.

6.2.4.

Each proposal specified in paragraph 6.2.1. of this Article shall be submitted
to the Executive Committee.

The Executive Committee shall not refer to any Working Party any proposal
it determines does not satisfy the requirements of Article 4 and
that
paragraph 6.2.1. of
It may refer all other proposals to an
appropriate Working Party.

this Article.

In response to a proposal referred to it for developing a global technical
regulation through harmonisation, 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
technical
regulation and the need for establishing alternative levels of stringency or
performance;

the proposed global

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;

C 87/10

EN

Official Journal of the European Communities

29.3.1999

6.2.4.1.4.

reviewing any available assessments of functional equivalence relevant to the
consideration of
including
assessments of related standards;

the proposed global

regulation,

technical

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.

that presents its recommendation regarding the global
a written report
includes all technical data and information that were
technical regulation,
considered in the development of
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
regulatory requirements and approaches
for
considered, and

recommendation, describes

rejecting any alternative

its

6.2.4.2.2.

the text of any recommended global technical regulation.

6.2.5.

The Executive Committee shall, using transparent procedures:

6.2.5.1.

6.2.5.2.

6.2.6.

6.2.7.

the recommendations

determine whether
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
if any, are
inadequate, it shall return the regulation and report to the Working Party for
revision or additional work.

the recommended global

regarding the global

regulation,

technical

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.

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.

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.

E s t a b l i s h i n g n e w g l o b a l t e c h n i c a l r e g u l a t i o n s i n t h e G l o b a l
R e g i s t r y

A contracting party may submit a proposal to develop a new global technical
regulation concerning elements of performance or design characteristics not
addressed by technical regulations in the Compendium of Candidates or
UN/ECE Regulations.

6.3.1.

The proposal specified in paragraph 6.3. shall contain:

6.3.1.1.

an explanation of
regulation, based on objective data to the extent possible;

the objective of

the proposed new global

technical

6.3.1.2.

a narrative description or, if available, the draft text of the proposed new
global technical regulation;

29.3.1999

EN

Official Journal of the European Communities

C 87/11

6.3.1.3.

any available documentation that may facilitate the analysis of the issues to be
addressed in the report required by paragraph 6.3.4.2.1. of this Article, and

6.3.1.4.

the identification of any known existing relevant
standards.

international voluntary

6.3.2.

6.3.3.

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
it determines does not satisfy the requirements of Article 4 and
that
paragraph 6.3.1. of
It may refer all other proposals to an
appropriate Working Party.

this Article.

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:

6.3.4.1.

to develop recommendations regarding a new global technical regulation by:

6.3.4.1.1.

giving consideration to the objective of the proposed new global technical
regulation and the need for establishing alternative levels of stringency or
performance;

6.3.4.1.2.

considering technical feasibility;

6.3.4.1.3.

considering economic feasibility;

6.3.4.1.4.

examining benefits, including those of any alternative regulatory requirements
and approaches considered;

6.3.4.1.5.

comparing potential cost effectiveness of the recommended regulation to that
of the alternative regulatory requirements and approaches considered;

6.3.4.1.6.

verifying whether the new global technical regulation under development
satisfies the stated objective of the Regulation and the criteria in Article 4, and

6.3.4.1.7.

giving due consideration to the possibility of the technical regulation being
established under the 1958 Agreement;

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
includes all technical data and information that were
technical regulation,
considered in the development of
its
consideration of the information specified in paragraph 6.3.4.1. of this Article,
and sets
including and
its
explanation for
regulatory requirements and
approaches considered, and

recommendation, describes

rejecting any alternative

recommendations,

forth the

rationale

for

its

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.

C 87/12

EN

Official Journal of the European Communities

29.3.1999

6.3.5.2.

6.3.6.

6.3.7.

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.

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.

technical
The Secretariat shall, upon the establishment of a new global
regulation by the Executive Committee, append copies of all
relevant
documentation, including the proposal submitted pursuant to paragraph 6.3.1.
of
required by
recommendations
paragraph 6.3.4.2.1. of this Article, to that Regulation.

this Article

and report

and the

6.4.

A m e n d i n g e s t a b l i s h e d g l o b a l t e c h n i c a l r e g u l a t i o n s

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
technical
regulation in the Global Registry.

this Article for establishing a new global

6.5.

Av a i l a b i l i t y o f d o c u m e n t s

All documents
in
recommending global technical regulations under this Article shall be publicly
available.

the Working Party

considered or

generated by

Adoption, and notification of application, of established global technical regulations

Article 7

7.1.

7.2.

7.3.

7.4.

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.

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.

A contracting party that is specified in paragraph 7.1. of this Article and that
decides not to adopt the established global technical regulation into its own
laws or regulations, shall notify the Secretary-General in writing of its decision
and the basis for its decision. The notification shall be provided within 60
days after its decision.

the Regulation in the Global Registry, either adopted that

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
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:

29.3.1999

EN

Official Journal of the European Communities

C 87/13

7.4.1.

7.4.2.

7.5.

7.6.

8.1.

8.2.

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

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.

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 60 days after the beginning of such acceptance. If the
technical regulation contains more than one level of
established global
stringency or performance, the notification shall specify which of those levels
of stringency or performance is selected by the contracting party.

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 intend and the reasons for
considering that action. This notice provision shall also apply to a contracting
party that has accepted products under paragraph 7.5. and that intends to
cease accepting such products. The contracting party shall notify the
Secretary-General of its decision to adopt any amended or new regulation
within 60 days after that decision. Upon request, the contracting party shall
promptly provide copies of such amended or new regulation to other
contracting parties.

Article 8

Issue resolution

Questions concerning the provisions of an established global
regulation shall be referred to the Executive Committee for resolution.

technical

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 organisations
Article 2 may become contracting parties to this Agreement by either:

specified in

9.1.1.

signature without reservation as to ratification, acceptance or approval, or

9.1.2.

signature subject
ratification, acceptance or approval;

to ratification, acceptance or approval,

followed by

9.1.3.

acceptance, or

9.1.4.

accession.

C 87/14

EN

Official Journal of the European Communities

29.3.1999

9.2.

The instrument of ratification, acceptance, approval or accession shall be
deposited with the Secretary-General.

9.3.

Upon becoming a contracting party:

9.3.1.

9.3.2.

9.4.

this Agreement has entered into force, each country or

after
regional
integration organisation 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 specifiy which of those levels of stringency or performance is adopted or
accepted by the contracting party;

each regional economic integration organisation 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.

Regional economic integration organisations that are contracting parties shall
cease being contracting parties when they lose the powers declared in
accordance with paragraph 9.3.2. of
inform the
Secretary-General thereof.

this Article and shall

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

11.1.

11.2.

11.3.

This Agreement and its Annexes, which constitute integral parts of
the
Agreement, shall enter into force on the 30th day following the date on which
a minimum of
integration
and/or
organisations have become contracting parties pursuant to Article 9. This
minimum of five must include the European Community, Japan, and the
United States of America.

economic

countries

regional

five

If, however, paragraph 11.1. of this Article is not satisfied 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 30th
day following the date on which a minimum of eight countries and/or regional
economic integration organisations have become contracting parties pursuant
to Article 9. Such date of entry into force shall not be earlier than 16 months
after the date specified in paragraph 10.1. At least one of these eight must be
either the European Community, Japan or the United States of America.

For any country or regional economic integration organisation that becomes a
contracting party to the Agreement after its entry into force, this Agreement
shall enter into force 60 days after the date that such country or regional
economic integration organisation deposits its instrument of ratification,
acceptance, approval or accession.

29.3.1999

EN

Official Journal of the European Communities

C 87/15

12.1.

12.2.

13.1.

13.2.

13.3.

13.4.

13.5.

Article 12

Withdrawal from Agreement

A contracting party may withdraw from this Agreement by notifying the
Secretary-General in writing.

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

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.

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.

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.

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 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 months after the expiry of the
period of the six months referred in this paragraph.

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.

14.2.

14.3.

14.4.

14.5.

14.6.

the listing or removing of technical regulations under Article 5;

the establishing or amending of global technical regulations under Article 6;

notifications received in accordance with Article 7;

signatures, acceptances, and accessions in accordance with Articles 9 and 10;

notifications received in accordance with Article 9;

the dates on which this Agreement shall enter into force for contracting parties
in accordance with Article 11;

C 87/16

EN

Official Journal of the European Communities

29.3.1999

14.7.

14.8.

notifications of withdrawal from this Agreement received in accordance with
Article 12;

the date of entry into force of any amendment
accordance with Article 13;

to this Agreement

in

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 the 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.

16.2.

the meetings of the Executive Committee and the Working Parties;

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.

29.3.1999

EN

Official Journal of the European Communities

C 87/17

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 (cid:28)accept’
means the action by a contracting party of allowing the entry of products that comply with a
global
technical
regulation into its respective laws and regulations.

technical regulation into its market without having adopted that global

2. With regard to the global technical regulations developed under this Agreement, the term (cid:28)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 (cid:28)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 (cid:28)Article’ means an Article of this Agreement.

5. The term (cid:28)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 (cid:28)contracting party’ means any country, or regional economic integration organisation,

that is a contracting party to this Agreement.

7. The term (cid:28)equipment and parts 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 (cid:28)established global technical regulations’ means a global technical regulation that has

been placed on the Global Registry in accordance with this Agreement.

9. The term (cid:28)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 (cid:28)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 (cid:28)regional economic integration organisation’ means an organisation 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 (cid:28)Secretary-General’ means the Secretary-General of the United Nations.

13. The term (cid:28)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.

C 87/18

EN

Official Journal of the European Communities

29.3.1999

They shall also include the opportunity to have views and arguments represented at:

1. meetings of Working Parties through organisations 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 (cid:28)type approval’ means written approval of a contracting party (or competent authority
designated by a contracting party) that a vehicle and/or any item of equipment and/or part that
can be fitted and/or be used on a vehicle, satisfies specific technical requirements, and is used as a
precondition to the introduction of the vehicle, equipment or part into commerce.

15. The term (cid:28)UN/ECE Regulations’ means United Nations/Economic Commission for Europe

Regulations adopted under the 1958 Agreement.

16. The term (cid:28)Working Party’ means a specialised technical subsidiary body under the ECE whose
function is to develop recommendations regarding the establishment of harmonised 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 (cid:28)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.

29.3.1999

EN

Official Journal of the European Communities

C 87/19

COMPOSITION AND RULES OF PROCEDURE OF THE EXECUTIVE COMMITTEE

ANNEX B

Membership in the Executive Committee shall be limited to contracting parties.

Article 1

All contracting parties shall be members of the Executive Committee.

Article 2

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 organisation and one or more of its Member States are
contracting parties to this Agreement, the regional economic integration organisation 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
organisation shall not exercise its right to vote if any of its Member States exercises its right,
and vice versa.

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 organisation.

Article 4

Article 5

5.1.

5.2.

A quorum consisting of not less than half of all the contracting parties shall be present for the
taking of a vote.

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 organisation
and its Member States shall be counted as one contracting party.

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.

C 87/20

EN

Official Journal of the European Communities

29.3.1999

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 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.

Contracting parties that abstain from voting are considered as not voting.

Article 8

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.

29.3.1999

EN

Official Journal of the European Communities

C 87/21

ANNEX II

The European Community declares in matters within its competence that its Member States have
transferred powers to it in fields covered by this Agreement, including the power to make binding
decisions on them.