Communication from the Ministry of Foreign Affairs No. 42 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of amendments to the Agreement on the adoption of uniform conditions for approval (verification of conformity) and on mutual recognition of the approval of motor vehicle equipment and components
Valid
International Treaty
Effective from 16.10.1995
Text versions:
29.02.1996
42
COMMUNICATION
Ministry of Foreign Affairs
On 16 July 1995, amendments were adopted to the Agreement on the Adoption of Uniform Conditions for Adoption of Uniform Conditions for Compliance (Compliance Verification) and the Reciprocal Recognition of Approval of Motor Vehicle Equipment and Components, Geneva, 20 March 1958, published under No 176 / 1960 Coll.
On 2 July 1993, the Czech Republic notified the Secretary-General of the United Nations, the depositary of the Agreement, that, in accordance with the applicable principles of international law, the successor State of the Czech and Slovak Federal Republic is to be considered as bound by the Agreement on the Adoption of Uniform Conditions for Homologation (Verification of Conformity) and the Mutual Recognition of Automotive Equipment and Components of 20 March 1958, including reservations with effect from 1 January 1993.
Amendments to this Agreement, adopted pursuant to Article 13 (1) thereof, shall also include the amendment of the title of the Agreement to: "Agreement concerning the adoption of uniform technical rules for wheeled vehicles, equipment and parts which may be fitted and / or be used on wheeled vehicles and the conditions for mutual recognition of homologues granted on the basis of these rules'.
The amendments entered into force in accordance with the text of Article 7 (1) as amended by the Agreement on 16 October 1995 and entered into force on that date for the Czech Republic.
The Czech presentation of the amended Agreement is announced at the same time.
AGREEMENT
concerning the adoption of uniform technical rules for wheeled vehicles, equipment and parts which may be fitted and / or used on wheeled vehicles and the conditions for mutual recognition of homologues granted on the basis of these rules *)
Preliminary provisions
Contracting Parties,
led by the Decision to amend the Agreement on the Adoption of Uniform Conditions for Homologation and the Reciprocal Recognition of Automotive Equipment and Components, agreed in Geneva on 20 March 1958; and
wish to define uniform technical rules that are sufficient for certain wheeled vehicles, equipment and parts to be used in their countries; and
led by the wish to adopt such rules in their Member States whenever possible; and
be guided by the wish to facilitate the use of vehicles, equipment and parts approved under these rules by the competent authorities of another Contracting Party in their Member States;
agree as follows:
1. The Contracting Parties shall, through the Administrative Committee, established by all Contracting Parties, lay down the rules of procedure set out in Appendix 1 and on the basis of the following Articles and paragraphs, lay down the provisions for wheeled vehicles, equipment and parts which may be fitted and / or be used on wheeled vehicles. Where necessary, technical requirements will include alternatives and, whenever possible, will focus on properties and identify test methods. The conditions for the granting and mutual recognition of type approvals shall be determined for the Contracting Parties which decide to use the type approval system.
For the purposes of this Agreement:
The term "wheeled vehicles, equipment and parts' includes all wheeled vehicles, equipment and parts whose characteristics are involved in road safety, environmental protection and energy saving.
The term "type approval under a Regulation" is an official procedure whereby the competent authorities of one Contracting Party, after the verification requested, declare that the vehicle, device or component supplied by the manufacturer complies with the requirements of that Regulation. Subsequently, the manufacturer confirms that each vehicle, equipment or part placed on the market was manufactured in such a way as to conform to the approved product.
When applying the Regulations, there may be various official procedures as an alternative to type approval. The only generally known alternative procedure used by certain Member States of the Economic Commission for Europe is self-certification, whereby the manufacturer certifies, without prior official control, that each of the products which he places on the market complies with the Regulation in question; the competent administrative authorities may, by random sampling on the market, verify that the self-certified products comply with the requirements of the Regulation.
2. The Administrative Committee shall be established from all Contracting Parties according to the procedural rules set out in Appendix 1. After drawing up a regulation in accordance with the procedure referred to in Appendix 1, the Administrative Committee shall send it to the Secretary-General of the United Nations, hereinafter referred to as "the Secretary-General '. The Secretary-General shall then send notification of this Regulation to the Contracting Parties as soon as possible.
The Regulation shall be deemed to be adopted if, within a period of six months from the date of notification by the Secretary-General, more than one third of the Contracting Parties present at the time of notification do not inform the Secretary-General of their disagreement with the Regulation.
The regulation shall specify the following:
(a) wheeled vehicles, equipment or parts to which they relate;
(b) technical requirements which may include alternatives where appropriate;
(c) test procedures demonstrating compliance with the product characteristics requirements;
(d) the conditions for type approval and mutual recognition, including, where appropriate, approval markings and conditions for ensuring conformity of production;
(e) the date (s) on which this Regulation enters into force.
Where appropriate, the regulation may include references to laboratories authorised by the competent authorities in which approval tests of types of wheeled vehicles, equipment and parts submitted for approval must be carried out.
3. When the Regulation has been adopted, the Secretary-General shall notify all Contracting Parties as soon as possible, indicating which Contracting Parties have made reservations and for which the Regulation will therefore not enter into force.
4. For all Contracting Parties which have not notified their disagreement, the provisions adopted shall enter into force as the Regulation annexed to this Agreement on the date specified therein.
5. Each new Contracting Party may declare, on deposit of its instrument of accession, 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 the proceedings provided for in paragraphs 2, 3 and 4 of this Article are currently under way on the proposal or on the adopted Regulation, the Secretary-General shall send such a proposal or the adopted Regulation to the new Contracting Party and it shall enter into force for the new Contracting Party as a Regulation only under the conditions laid down in paragraph 4 of this Article. The Secretary-General shall notify all Contracting Parties of the date of such entry into force. The Secretary-General shall also send them a declaration of non-acceptance of certain provisions which either Party may make pursuant to this paragraph.
6. Each Contracting Party applying a Regulation may at any time, with one year notice, notify the Secretary-General that its administrative authority intends to cease applying it. The Secretary-General shall send this notification to the other Contracting Parties.
Homologation granted by this Contracting Party shall remain valid until it is withdrawn.
If a Contracting Party ceases to issue the approval pursuant to a Regulation, it shall:
maintain proper supervision of the conformity of production for products previously granted type approval;
take the necessary measures as provided for in Article 4 where it is notified by the Contracting Party continuing to apply the Regulation of non-conformity;
continue to notify the competent authorities of the other Contracting Parties of the decision to withdraw the approval referred to in Article 5;
continue to grant extensions to existing homologues.
7. Any Contracting Party which does not apply a Regulation may at any time notify the Secretary-General of its intention to apply it in the future and the Regulation for that Party shall enter into force on the 60th day following that notification. The Secretary-General shall notify all Contracting Parties of any entry into force of a Regulation for a new Contracting Party under this paragraph.
8. Contracting Parties for which a Regulation has entered into force shall hereinafter be referred to as "Contracting Parties applying a Regulation."
Each Contracting Party applying the Type-approval Regulations shall grant type-approval and type-approval marking as described in each Regulation for wheeled vehicles, equipment or parts to which the Regulation applies, provided that it is technically competent and recognises the arrangements for ensuring conformity of the product with the approved type as provided for in Appendix 2. If the above conditions are not met, each Contracting Party applying a type approval regulation shall refuse type approval and approval mark pursuant to this Regulation.
In the case of wheeled vehicles, equipment or parts to which the Contracting Party has been subject to type-approval pursuant to Article 2 of this Agreement and which are manufactured either in the territory of the Contracting Party applying the relevant Regulation or in another State designated by the Contracting Party which has duly approved the relevant types of wheeled vehicles, equipment or parts, they shall be deemed to comply with the legislation of all Contracting Parties applying that type-approval Code.
Where the competent authorities of the Contracting Party which applies a specific The type-approval regulation that certain wheeled vehicles, equipment or parts bearing the approval mark assigned by one of the Contracting Parties to the relevant Regulation do not conform to the approved types shall be notified by the competent authorities of the Contracting Party which granted the approval. That Contracting Party shall take the necessary measures to restore conformity of products with the approved types to such producers and shall notify the other Contracting Parties applying the Type Approval Regulation of the measures it has taken. Such measures may include, where necessary, withdrawal of the approval. Upon receipt of information on non-conformity with the approved type, and if road safety or the environment could be compromised, the Contracting Party which granted the approval shall inform all other Contracting Parties accordingly. Contracting Parties may prohibit the sale and use on their territory of such wheeled vehicles, equipment or parts.
Competent authorities of each Contracting Party applying a specific The type-approval regulation shall be sent to the competent authorities of the other Contracting Parties on a monthly basis, a list of the wheeled vehicles, equipment or parts to which they refused to grant or withdrawn the approval in that month; In addition, where a request is received from the competent authority of another Contracting Party that applies a type approval regulation, the competent authority shall immediately send that competent authority a copy of all the necessary information on the basis of which it has decided to grant, refuse or withdraw the approval of a specific wheeled vehicle, equipment or component under such a Regulation.
1. States which are members of the Economic Commission for Europe, States admitted to that Commission with an advisory vote pursuant to paragraph 8 of the mandate of that Commission and of the Regional Economic Integration Organisation established by the Member States of the Economic Commission for Europe to which their Member States have transferred powers in the field covered by this Agreement, including the power to enforce binding decisions on behalf of their Member States, may become Contracting Parties to this Agreement.
When determining the number of votes referred to in Articles 1 (2) and 12 (2), regional economic integration organisations shall vote by the number of votes of their Member States which are members of the European Economic Commission for Europe.
2. States which are members of the United Nations and which may participate in certain activities of the European Economic Commission pursuant to paragraph 11 of the mandate of that Commission and regional economic integration organisations of those States to which their Member States have transferred the powers provided for in this Agreement, including the powers to exercise binding decisions on behalf of their Member States, may become Contracting Parties to this Agreement.
When determining the number of votes referred to in Articles 1 (2) and 12 (2), regional economic integration organisations shall vote by the number of votes of their Member States which are members of the United Nations.
3. Following the entry into force of the amended Agreement, States not Contracting Parties to the 1958 Agreement may accede to the amended Agreement by deposit with the Secretary-General.
1. This amended Agreement shall be deemed to be in force nine months after the date of its circulation by the Secretary-General to all Contracting Parties to the 1958 Agreement.
2. This amended Agreement shall not be considered valid if the Parties to the 1958 Agreement make any reservation within a period of six months from the date on which the Secretary-General sent it to them.
3. For each new Contracting Party acceding to this amended Agreement, this amended Agreement shall enter into force on the 60th day following the date on which that Contracting Party deposited the instrument of accession.
1. Each Contracting Party may terminate this Agreement by notifying the Secretary-General.
2. The denunciation shall enter into force 12 months after the date on which the Secretary-General received the notification.
1. Any new Contracting Party pursuant to Article 6 of this Agreement may, when accessing this Agreement or at any time thereafter, declare to the Secretary-General that it will apply this Agreement to all or certain territories for which it is responsible in international relations. The Agreement shall be extended to the territory, indicated or indicated in the notification, after 60 days from the date on which the Secretary-General received the notification.
2. Any new Contracting Party under Article 6 of this Agreement, which has notified pursuant to paragraph 1 of this Article of the extension of this Agreement to any territory for which it is responsible in international relations, may terminate the Agreement separately for those territories in accordance with the provisions of Article 8.
1. Any dispute between two or more Contracting Parties concerning the interpretation or implementation of this Agreement shall, as far as possible, be dealt with by negotiations between them.
2. Any dispute which is not resolved by negotiation shall be subject to arbitration proceedings if one of the 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 the request for arbitration, the Parties have not agreed to appoint an arbitrator or arbitrator, either Party may request the Secretary-General to designate a single arbitrator to whom the dispute shall be submitted for decision.
3. The opinion of the arbitrator or arbitrators designated in accordance with paragraph 2 of this Article shall be binding on the Parties in the dispute.
1. Any new Contracting Party may, when accessing this Agreement, 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 any new 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 such reservation by notification to the Secretary-General.
3. No other reservation to this Agreement or to the Regulations annexed thereto shall be permitted; Each Contracting Party shall, however, have the possibility, pursuant to Article 1, to declare that it does not intend to use any of these Regulations or that it does not intend to use any of them.
The provisions annexed to this Agreement may be amended by the following procedure:
1. Amendments to the Regulations shall be adopted by the Administrative Committee referred to in Article 1 (2) in accordance with the procedure laid down in Appendix 1. Where necessary, the amendment may include existing requirements as an alternative. The Parties shall determine which alternatives they will use. Contracting Parties applying an alternative to one Code are not obliged to recognise homologation according to the previous alternative to the same Code. Contracting Parties applying only the most recent amendments shall not be obliged to recognise homologation according to previous amendments or unchanged Regulations. Contracting Parties applying the earlier series of amendments or the amended Regulation shall recognise the approval granted in accordance with the later series of amendments. Upon adoption of the amendment to the Code, the Administrative Committee shall send it to the Secretary-General. The Secretary-General shall subsequently notify the Contracting Parties applying this Regulation as soon as possible.
(2) An amendment to the Regulation shall be deemed to be adopted if, within six months of its notification by the Secretary-General, more than one third of the Contracting Parties applying the Regulation disagrees with the amendment. If, after that period, the Secretary-General has not received a declaration of opposition from more than one third of the Contracting Parties applying this Regulation, he shall declare the amendment as soon as possible accepted and binding on those Contracting Parties applying this Regulation and which have not raised any objection to the amendment. If the Regulation is amended and at least one fifth of the Contracting Parties applying the unchanged Regulation subsequently declare that they wish to continue to use the unchanged Regulation, the Regulation shall be considered as an alternative to the amended Regulation and shall be formally included as such in the Code with effect from the date of adoption of the amendment or from the date of its entry into force. In this case, the obligations of the Contracting Parties applying this Regulation shall be the same as those laid down in paragraph 1.
3. If a new Contracting Party accedes to this Agreement between the time when the Secretary-General notifies the draft amendment to the Regulation and the entry into force of this amendment, such a Regulation shall not enter into force for that Contracting Party within two months of the official adoption of the amendment or within two months of the expiry of the six-month period from the date on which the Secretary-General sent the draft amendment to that Contracting Party.
The text of the Agreement itself and its Appendices may be amended by the following procedure:
1. Each Contracting Party may propose one or more amendments to this Agreement and its Appendices. The text of any proposal to amend the Agreement and its Appendices shall be sent to the Secretary-General of the United Nations, who shall circulate it to all Contracting Parties and shall inform the other States referred to in Article 6 (1) thereof.
2. Any draft amendment to be circulated pursuant to paragraph 1 of this Article shall be deemed to have been accepted unless a Contracting Party has notified the reservations 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 the reservation has been communicated to the draft amendment. If a reservation is communicated to the draft amendment, the amendment shall be deemed not to have been accepted and the amendment shall not enter into force. If no such reservations are notified, 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 pursuant to Articles 1, 12 and 13 of this Agreement, the Secretary-General shall notify the Contracting Parties:
(a) the access 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) notifications received under Article 9;
(e) the declarations and notifications received pursuant to Article 11 (1) and (2);
(f) the entry into force of any amendment pursuant to Article 12 (1) and (2);
(g) the entry into force of any amendment pursuant to Article 13 (3).
1. If, at the time the above provisions enter into force, the adoption of a new Regulation takes place in accordance with the procedure laid down in Article 1 (3) and (4) of the unchanged Agreement, this new Regulation shall enter into force in accordance with the provisions of paragraph 5 of that Article.
2. If, at the time of entry into force of the above provisions, the procedure for adopting an amendment to a Regulation pursuant to Article 12 (1) of the unchanged Agreement is in progress, that amendment shall enter into force in accordance with that paragraph.
3. With the agreement of all Contracting Parties to the Agreement, any Regulation adopted under the Agreement as amended may be considered as a Regulation adopted under the conditions laid down above.
APPENDIX 1
Composition and Rules of Procedure of the Administrative Committee
The Administrative Committee shall be composed of members from all Contracting Parties to the amended Agreement.
The Executive Secretary of the United Nations Economic Commission for Europe shall provide secretariat services to the Administrative Committee.
At its first meeting each year, the Committee shall elect a President and a Vice-President.
The Secretary-General of the United Nations shall convene under the auspices of the European Economic Commission for Europe: The Committee shall, whenever a new Regulation or amendment to a particular Regulation is required.
Proposals for new Rules shall be put to the vote. Each State, Contracting Party to the Agreement, shall have one vote. A number of votes of at least half of the Contracting Parties shall be required to take a decision. When determining the number of votes required, the regional economic integration organisations which are parties to the Agreement shall vote by the number of votes of their Member States. The representative of the regional economic integration organisation may express the votes of the sovereign states that create the organisation. Proposals for new Regulations shall be adopted by a two-thirds majority of those present and voting.
On proposals for amendments Rules shall be put to the vote. Each State which is a Contracting Party to the Agreement and applies such a Regulation shall have one vote. A vote of at least one half of the Contracting Parties applying such a Regulation shall be required to take a decision. Regional economic integration organisations which are parties to the Agreement shall vote in determining the number of votes cast by the number of votes of their Member States. The representative of a regional economic integration organisation may express the votes of sovereign States which apply such a Code and which form an organisation. Amendments to the Regulations shall be adopted by a two-thirds majority of those present and voting.
APPENDIX 2
Conformity of production
1. INTRODUCTORY ASSESSMENT
1.1. Before granting the approval, the approval authority of the Contracting Party shall verify that satisfactory arrangements and procedures exist to ensure effective control so that the vehicles, equipment or parts produced are identical to the approved type.
1.2. The authority granting type approval shall verify that the requirements of paragraph 1.1 have been met; However, it may also verify those requirements on behalf of and at the request of the authority granting the approval by the homologation authority of another Contracting Party. In such a case, the second homologing authority shall issue a pass declaration indicating the areas and production facilities it has found appropriate for the products to be type-approved.
1.3. The homologation authority is also obliged to accept the manufacturer's registration in accordance with the harmonised standard ISO 9002 (whose scope applies to products to be approved) or other appropriate accreditation standard as complying with the requirements of paragraph 1.1. The manufacturer shall provide details of the marketing authorisation and undertake to inform the homogenising authority of any changes to the validity of the marketing authorisation or its scope.
1.4. Upon receipt of a request from an authority of another Contracting Party, the homologous authority shall immediately send it a declaration of compliance referred to in the last sentence of paragraph 1.2 or notify it that it is unable to make such a declaration.
2. CONFORMITY OF PRODUCTION
2.1. Every vehicle, device or component, approved in accordance with the Regulation annexed to this Agreement, shall be so manufactured as to conform to the type approved by meeting the requirements of this Appendix and the Regulation under consideration.
2.2. The homologation authority of a Contracting Party which grants type-approval pursuant to a Regulation annexed to this Agreement shall be required to verify that there are adequate measures and to agree with the manufacturer on each homologation the documented test control plans or related checks which are necessary to verify continued conformity with the approved type within the time limits and which shall, where appropriate, include the tests provided for in the Regulation under consideration.
2.3. The holder of the approval shall in particular:
2.3.1. ensure the existence of procedures for effective management of products (vehicles, equipment or parts) with type approval;
2.3.2. have access to the control equipment necessary to verify the conformity of each approved type;
2.3.3. ensure that the test results are recorded and that the supporting documents are available for the period specified in the agreement with the approval authority. This period shall not exceed 10 years;
2.3.4. analyse the results of each type of test in order to verify and ensure the stability of the product's characteristics in the tolerances of industrial production;
2.3.5. ensure that for each product type at least the tests prescribed in this Appendix and those set out in the relevant Prescriptions are carried out;
2.3.6. ensure that any sampling or test parts which show non-conformity in the type of test considered are followed by a new sampling and testing. All necessary measures shall be taken to restore the conformity of the production concerned.
2.4. The authority which granted type approval may at any time verify the conformity management methods used in each production unit. The normal frequency of such verifications shall be consistent with (if applicable) the measures taken pursuant to paragraph 1.2 or 1.3 of this Appendix and shall be such as to ensure that the checks are carried out in the period corresponding to the level of confidence of the homologation authority.
2.4.1. At each inspection, the test and production records shall be made available to the inspector present.
2.4.2. Where appropriate, the inspector may, at random, take samples for testing in the manufacturer's laboratory (or in the Technical Organisation, if provided for in the Regulation annexed to this Agreement). The minimum number of samples should be determined according to the results of the manufacturer's own checks.
2.4.3. If the level of checks appears unsatisfactory or if it appears necessary to verify the validity of the tests according to the provisions of paragraph 2.4.2., the inspector shall be obliged to take samples to be sent to the Technical Organisation which ensures type approval tests.
2.4.4. The homologous authority may carry out any verification or test prescribed in this Appendix or in the relevant Code annexed to this Agreement.
2.4.5. In cases where unsatisfactory results are found during one of these inspections, the homogenising authority shall ensure that all necessary measures are taken as quickly as possible to restore conformity of production.
*) Previous name of the Agreement: Agreement on the adoption of uniform conditions for homologation and mutual recognition of the homologation of motor vehicle equipment and components, agreed in Geneva on 20 March 1958.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 42 / 1996 Coll., on the negotiation of amendments to the Agreement on the Adoption of Uniform Conditions for Adoption (Compliance Verification) and on the Mutual Recognition of Approval of Equipment and Parts of Motor Vehicles |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1996 |
|---|---|
| Effective from | 16.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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