Decree of the Minister for Foreign Affairs No. 176 / 1960 Coll.
Ordonnance on the Agreement concerning the Adoption of Uniform Conditions for the Verification of Conformity and the Reciprocal Recognition of Equipment and Parts of Motor Vehicles
Valid
Effective from 11.07.1960
176
DECLARATION
Minister for Foreign Affairs
of 4 November 1960
concerning the Agreement concerning the adoption of uniform conditions for the approval (verification of conformity) and the mutual recognition of the approval of motor vehicle equipment and components
On 20 March 1958, an Agreement was negotiated in Geneva on the adoption of uniform conditions for approval (conformity verification) and mutual recognition of the approval of motor vehicle equipment and components.
Czechoslovakia acceded to the Agreement subject to Article 11 / 1 An agreement that it is not considered to be bound by the provisions of Article 10 of the Agreement.
The President of the Republic signed the instrument of accession of Czechoslovakia to the Agreement with the abovementioned reservation on 30 March 1960. The Charter of Access was deposited with the Secretary-General of the United Nations on 12 May 1960.
Pursuant to Article 7 thereof, the Agreement for the Czechoslovak Socialist Republic entered into force on 11 July 1960.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
on the adoption of uniform conditions for the approval (verification of conformity) and the mutual recognition of the approval of motor vehicle equipment and components
Introduction
Contracting Parties
wishing to establish uniform conditions to be fulfilled by certain items of motor vehicle equipment and components for homologation in their countries; and
Wishing to facilitate the use of equipment and components so approved by the competent authorities of another Contracting Party in their country,
they have agreed as follows:
1. The Contracting Parties shall establish, on the basis of the provisions of the following paragraphs and Articles, uniform approval conditions for motor vehicle equipment and components and for approval marks and shall mutually recognise the approval granted under those conditions.
2. If the competent authorities of at least two Contracting Parties agree on uniform conditions for the approval of equipment or components of motor vehicles, they shall draw up a draft Regulation for such equipment or components, specifying:
(a) the items of equipment and components concerned;
(b) the conditions to be fulfilled by such equipment and components, including the tests to which such equipment or components must comply;
Where appropriate, the Regulation may indicate the suitably equipped test rooms in which approval tests of the types of equipment and components submitted for approval are to be carried out;
(c) homologation marks.
(3) The Contracting Parties to the Agreement which agree on a draft Regulation shall forward the draft which they shall draw up to the Secretary-General of the United Nations, indicating the date on which they wish this text to enter into force as a Regulation annexed to this Agreement. That date shall be fixed at least five months after the date on which the application was sent.
4. The Secretary-General shall send this proposal to the other Contracting Parties and inform them of the date on which it is to enter into force as requested.
5. This Decision shall enter into force on the date of its adoption. The Secretary-General shall notify all Contracting Parties of such entry into force and send them a list of the Contracting Parties which have adopted the Code.
6. Each State may, when submitting its instrument of ratification or accession, declare that it is not bound by certain provisions annexed to this Agreement at that time or that it is not bound by any of them. If, in the course of the proceedings referred to in paragraphs 2, 3, 4 and 5 of this Article, the Secretary-General sends this proposal to a new Contracting Party and the proposal becomes valid for that Contracting Party only under the conditions laid down in paragraph 5 of this Article, the time limits being calculated from the date on which the notification of the proposal was sent to him. The Secretary-General shall communicate to all Contracting Parties the date of such entry into force. It shall also send them a declaration of non-application of certain provisions to be made by the Contracting Parties under this paragraph.
7. Each Contracting Party applying a specific: The Regulation may at any time, with one year notice, notify the Secretary-General that its offices shall cease to apply the Regulation. The Secretary-General shall send this notification to the other Contracting Parties.
8. Any Contracting Party which does not yet apply a Regulation may at any time notify the Secretary-General that it intends to use it in the future and then the Regulation shall enter into force on the 60th day following that notification. In the event that that Contracting Party makes its decision to apply a Regulation by amending it, it shall submit to the Secretary-General its proposal for amendment, which shall be discussed in the procedure provided for in Article 13 of this Agreement, as if it were an amendment of a Contracting Party which has already applied the Regulation, but by way of derogation from the provisions of Article 13 of this Agreement, the amendment shall enter into force on the date on which the relevant Regulation enters into force for the Contracting Party which has proposed the amendment. The Secretary-General shall notify all Contracting Parties of the entry into force of a new Contracting Party's Code pursuant to this paragraph.
9. Furthermore, under this Agreement, the terms, Contracting Parties applying the Regulation, shall indicate the Contracting Parties to which this Regulation applies.
Each Contracting Party applying a specific: The Regulation grants the approval marks described in this Regulation for these equipment and components of motor vehicles referred to in this Regulation, provided that it is able to verify the conformity of the product with the approved type, that the samples submitted comply with the tests and requirements laid down in the Prescription and that the manufacturer, if he is not himself resident in the country where the approval is sought, has a duly authorised representative in that country. Each Contracting Party applying the Regulation shall refuse to grant the approval marks referred to in this Regulation if the previous conditions are not met.
Equipment and components of motor vehicles which have approval marks granted by a Contracting Party pursuant to Article 2 of this Agreement and are manufactured either in the territory of a Contracting Party applying the Regulation or in the territory of another country designated by the Contracting Party which has approved the relevant type of equipment or component shall be deemed to comply with the laws of all Contracting Parties applying that Regulation.
If the competent authorities of the Contracting Party using a particular The provision that certain equipment or components of motor vehicles bearing approval marks issued pursuant to this Regulation by a Contracting Party do not conform to the approved type shall be notified by the competent authorities of the Contracting Party which granted the approval. That Contracting Party shall take the necessary measures to achieve conformity of the products with the approved type and notify the other Contracting Parties applying the Regulation of the measures carried out for that purpose, which may, where appropriate, continue to withdraw the approval. In the event that road safety could be compromised, the Contracting Party which finds this may prohibit the sale and use of equipment and components in its territory.
1. The competent authorities of each Contracting Party applying a Regulation shall send to the competent authorities of the other Contracting Parties applying the same Regulation a model sheet drawn up in accordance with the provisions of this Regulation for each type of equipment or component of motor vehicles which are approved in accordance with that Regulation. A similar model sheet will also be sent for any refusal of approval.
2. The competent authorities of each Contracting Party applying a Regulation shall submit to the competent authorities of the other Contracting Parties applying this Regulation all reports of withdrawal of the approved approval.
1. Countries which are members of the Economic Commission for Europe and countries admitted to that Commission with an advisory vote under Article 8 of the mandate of that Commission may become Contracting Parties to this Agreement:
(a) by signing the Agreement;
(b) ratification after signature, subject to ratification;
(c) access.
2. Countries entitled to participate in certain works of the European Economic Commission under Article 11 of the mandate of that Commission may become parties to this Agreement by accessing it after its entry into force.
3. The possibility of signing the Agreement will last until 30 June 1958 inclusive. After this day it will be possible to approach it.
4. Ratification or access shall be carried out by deposit with the Secretary-General of the United Nations.
1. This Agreement shall enter into force 60 days after two of the countries referred to in paragraph 1 of Article 6 have signed it without reservation of ratification, or it shall deposit its instrument of ratification or accession.
2. This Agreement shall enter into force 60 days after the deposit of the instrument of ratification or accession for each country which ratifies or accedes to it without reservation.
1. Each Contracting Party may terminate this Agreement by notifying the Secretary-General of the United Nations.
2. The denunciation shall take effect 12 months after the date on which the Secretary-General received notice of it.
1. Any country may declare, at the time of signature of this Agreement, without reservation of ratification or deposit of its instrument of ratification or accession, or at any time at a later date, by notification to the Secretary-General of the United Nations that this Agreement will be applied in all or certain territories which it represents in international contact. The Agreement shall be implemented in the territories or territories referred to in this communication, starting on the 60th day following the receipt by the Secretary-General of this communication or, if the Agreement has not yet entered into force, on the date of its entry into force.
2. Any country which has made a declaration pursuant to paragraph 1 of this Article under which this Agreement is to be applied in the territory which it represents in international contact may terminate this Agreement in accordance with Article 8 as regards that territory.
1. Any dispute between two or more Contracting Parties regarding the interpretation or implementation of this Agreement shall, as far as possible, be dealt with through the negotiation of the Parties in a dispute.
2. Any dispute which is not resolved by negotiation shall be subject to arbitration proceedings if one of the Contracting Parties so requests in the dispute and shall then be submitted to one or more arbitrators chosen by mutual agreement of the Parties in the dispute. If, within three months of the submission of an application for arbitration, the Parties have not agreed to appoint an arbitrator or arbitrator, either Party may request the Secretary-General of the United Nations to designate a single arbitrator to whom the dispute shall be submitted for decision.
3. The opinion of the arbitrator or arbitrators designated pursuant to paragraph 2 of this Article shall be binding on the Parties in the dispute.
1. Each Contracting Party may, when signing or ratifying this Agreement or accessing it, declare that it is not considered to be bound by Article 10 of this Agreement. The other Contracting Parties shall not be bound by Article 10 against the Contracting Party which has made such a reservation.
2. Any Contracting Party which makes a reservation pursuant to paragraph 1 of this Article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
3. No other reservation to this Agreement or to the Regulations annexed thereto shall be permitted, but each Contracting Party may, pursuant to Article 1, declare that it does not apply any of these Regulations or that it does not apply any of them.
The following provisions shall apply to the procedure for amending the Regulations to be annexed to this Agreement:
1. Each Contracting Party applying a Regulation may propose one or more amendments to this Regulation. The text of any proposal to amend a Regulation shall be sent to the Secretary-General of the United Nations, who shall send it to the other Contracting Parties. The amendment shall be deemed to be accepted if, within three months of such written communication, neither Party applying this Regulation objects; if objections are raised, the amendment shall be deemed to be rejected; if the amendment is deemed to be accepted, it shall enter into force after the expiry of a further two-month period.
2. If a Contracting Party becomes a Contracting Party in the period between the date of the submission of the draft amendment by the Secretary-General and the entry into force of the amendment, the relevant Regulation may enter into force for that Contracting Party only two months after the official adoption of the amendment or two months after the expiry of the three-month period from the date on which the Secretary-General sent it the draft amendment.
The following provisions shall apply to the procedure for amending the text of the Agreement itself:
1. Each Contracting Party may propose one or more amendments to this Agreement. The text of any proposal to amend the Agreement shall be forwarded to the Secretary-General of the United Nations, who shall send it to all Contracting Parties and inform the other countries referred to in paragraph 1 of Article 6 thereof.
2. Any draft amendment to be submitted pursuant to paragraph 1 of this Article shall be deemed to have been accepted if no Party objects within six months of the date on which the Secretary-General sent the draft amendment.
3. The Secretary-General shall notify all Contracting Parties as soon as possible whether objections have been raised to the draft amendment. If objections are raised to the draft amendment, it shall be deemed not to have been accepted and shall be ineffective. If no objections are raised, the amendment shall enter into force for all Contracting Parties three months after the six-month period laid down in paragraph 2 of this Article.
In addition to communications under Articles 1, 12 and 13 of this Agreement, the Secretary-General of the United Nations shall notify the countries referred to in paragraph 1 of Article 6, as well as the countries which have become Contracting Parties pursuant to paragraph 2 of Article 6:
(a) the signatures, ratifications and approaches referred to in Article 6;
(b) the dates on which this Agreement enters into force pursuant to Article 7;
(c) the statement referred to in Article 8,
(d) communications received pursuant to Article 9;
(e) declarations and communications received pursuant to paragraphs 1 and 2 of Article 11;
(f) the entry into force of any amendment pursuant to paragraphs 1 and 2 of Article 12;
(g) the entry into force of any amendment pursuant to paragraph 3 of Article 13.
After 30 June 1958, the original of this Agreement shall be deposited with the Secretary-General of the United Nations, who shall supply certified copies of it to each of the countries referred to in paragraphs 1 and 2 of Article 6.
To prove the signature, duly authorised, they signed this Agreement.
In Geneva, on the twenty-first of March, a thousand and nine hundred and fifty-eight, in one copy in English and French, the two texts being equally authentic.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 176 / 1960 Coll., on the Agreement on the Adoption of Uniform Conditions for Adoption (Compliance Verification) and on the Reciprocal Recognition of Approval of Equipment and Parts of Motor Vehicles |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1960 |
|---|---|
| Effective from | 11.07.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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