World Forum for the Harmonization of Vehicle Regulations | Session 183 | 9-11 Mar 2021
Web conference
Agenda Item 4.4.
Revision 3 to the 1958 Agreement

65. The delegate from ETRTO reported on additional documentary requirements that their members had faced in several Contracting Parties to the 1958 Agreement when importing tyres which had been previously type approved by other Contracting Parties according to UN Regulations (WP.29-183-07). He held the view that such requirements were not in line with the text and spirit of Revision 3 to the 1958 Agreement and requested WP.29 guidance on the issue.

66. The delegates from CLEPA, OICA and IMMA supported the ETRTO concerns over the proper implementation of the 1958 Agreement, but pointed out that their own members had so far not encountered similar problems.

67. WP.29 stressed that, according to Article 3 of the 1958 Agreement, “Contracting Parties applying UN Regulations shall, by mutual recognition, accept for the placement in their markets, and subject to the provisions of Articles 1, 8 and 12 as well as any special provisions within these UN Regulations, type approvals granted pursuant to these UN Regulations, without requiring any further testing, documentation, certification or marking concerning these type approvals”.

68. The World Forum invited Contracting Parties to report on issues which could impede the smooth application of mutual recognition at the national level and decided to revert to this matter at the next session, to assess the need for appropriate actions.

69. The expert from the EuroMed programme introduced a presentation concerning question related to accession to the 1958 Agreement (WP.29-183-15), namely with reference to Article 1, paragraph 5 and Article 12, paragraph 4 of Revision 3 of the 1958 Agreement, concerning application of UN Regulations under the 1958 Agreement and the issuance of Type Approvals, respectively. He requested the assistance of WP.29 in the interpretation of the two provisions.

70. WP.29 delegates and the WP.29 secretariat clarified that the application of a certain UN Regulation entails mandatory recognition of Type Approvals issued for the latest series of amendments under that UN Regulation in the jurisdiction of the Contracting Party that applies it. That Contracting Party may in addition decide to accept Type Approvals issued for older series of a UN Regulation. In addition, a Contracting Party is entitled to issue Type Approvals for the latest series of amendments of a UN Regulation that it applies, even if it has opted to accept Type Approvals according to older series of amendments of that UN Regulation in its jurisdiction.

71. The representative of OICA, in this context, suggested that countries in the same region should try to coordinate as much as possible the minimum acceptable series of amendments to the UN Regulations, as it would represent a simplification for the industry.

72. The representative from Japan, Chair of the IWG on IWVTA invited the expert from the EuroMed programme to contact the IWG with any questions that the EuroMed may have concerning the application of the 1958 Agreement, informing that the next session of the IWG would be held in June.

Documentation
WP.29-183-07 1958 Agreement: Request for guidance on Contracting Parties not following rules (ETRTO)
WP.29-183-07 1958 Agreement: Request for guidance on Contracting Parties not following rules (ETRTO)
WP.29-183-15 Question related to accession to the 1958 Agreement
General Guidelines for United Nations regulatory procedures and transitional provisions in UN Regulations