Informal Document WP.29-171-24

Proposal to supersede the current guidelines for regulatory procedures and transitional provisions for UN Regulations (document WP.29/1044 and its Revision 1) with updated general guidelines for establishing or amending UN Regulations, including for the definition of scope, administrative and transitional provisions, use of alternative requirements, and cross-referencing with other regulations. This proposal aims to

1. Streamline future work without superseding provisions of the 1958 Agreement and the existing UN Regulations,
2. Clarify rulemaking procedures pursuant to Revision 3 of the 1958 Agreement, and
3. Ensure “good regulatory practice” through clarifications to avoid divergence between the interpretation of Revision 3 and the application to UN Regulations.

53. The representative of Japan, on behalf of the Chair of the IWG on IWVTA, presented the draft General Guidelines for UN regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/67). The document aimed to streamline the future work in the subsidiary bodies, to clarify the procedures following Revision 3 of the 1958 Agreement and to ensure “good regulatory practice” by providing clarifications to avoid divergence in the understanding of Revision 3 of the 1958 Agreement and the application of UN Regulations. The document also was largely based on the existing guidelines (ECE/TRANS/WP.29/1044/Rev.1), but updated them in order to reflect Revision 3 of the 1958 Agreement. Finally, the IWG on IWVTA was considering the possibility to transform, in the future, this guidance document into a new Schedule to the 1958 Agreement.

54. WP.29 noted Corrigendum 1 to ECE/TRANS/WP.29/2017/67 to align the French version to the English and Russian versions and endorsed the document. WP.29 further agreed to correct the current version of the guideline document, ECE/TRANS/WP.29/1044/Rev.1, and requested the secretariat to publish a Corrigendum. The World Forum also noted other amendments submitted by the IWG on IWVTA (WP.29-172-11) and from the representative of EU (WP.29-172-16).

55. Following the discussion, WP.29 did not fully endorse the proposed amendments and agreed to keep them in square brackets, subject to a final review by each Working Party that is subsidiary to WP.29, by the IWG on IWVTA, and by the secretariat. Each Working Party is invited to submit the result of final review to the Technical Secretary of IWG on IWVTA and UNECE Secretariat by the end of October 2017 at the latest. WP.29 agreed to consider ECE/TRANS/WP.29/2017/67 and Corr.1, with the proposed amendments contained in by WP.29-172-11 and WP.29-172-16, for adoption at its November 2017 session and requested the secretariat to circulate the proposal as a consolidated document with a new symbol by the end of June 2017.

Proposal from the IWVTA informal group to supersede the current guidelines for regulatory procedures and transitional provisions for UN Regulations (document WP.29/1044 and its Revision 1) with updated general guidelines for establishing or amending UN Regulations, including for the definition of scope, administrative and transitional provisions, use of alternative requirements, and cross-referencing with other regulations. This proposal aims to

1. Streamline future work without superseding provisions of the 1958 Agreement and the existing UN Regulations,
2. Clarify rulemaking procedures pursuant to Revision 3 of the 1958 Agreement, and
3. Ensure “good regulatory practice” through clarifications to avoid divergence between the interpretation of Revision 3 and the application to UN Regulations.

33. Upon the request of WP.29, GRB considered the Draft General Guidelines for United Nations regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/107) prepared by IWG IWVTA. The expert from OICA pinpointed provision 6.1 (in square brackets) which stipulated that “a Contracting Party may apply additional national provisions for vehicle characteristics not covered by the scope of a UN Regulation”. According the expert, this provision seemed to be counterproductive for the harmonization of vehicle Regulations and should be clarified. The Chair invited GRB experts to consider the Draft Guidelines and to submit their comments, if any, to the secretariat and/or to IWG IWVTA by 20 October 2017.

56. Upon the request of the World Forum and the IWG on IWVTA, GRSG considered the general guidelines for UN regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/107, Add.1 and Corr.1). GRSG endorsed the guideline documents and recommended the IWG on IWVTA to consider further amendments as reflected in GRSG-113-40.

29. The experts from India (GRE-78-25) and the Netherlands commented on the technical part of the TF EMC proposals. GRE was of the view that new transitional provisions would have to be submitted as an official document and should be aligned with the Draft General Guidelines for United Nations regulatory procedures and transitional provisions in UN Regulations, which were expected to be adopted by WP.29 at its November 2017 session (ECE/TRANS/WP.29/2017/107, see agenda item 9, para. 36). GRE requested TF EMC to take into account the above considerations and to submit to the next session a revised consolidated proposal, possibly as a new series of amendments to Regulation No. 10.

36. At the request of WP.29 at its June 2017 session, GRE reviewed the Draft General Guidelines for United Nations regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/107). In particular, GRE experts expressed various views on para. 6.1. on the application of additional national provisions for vehicle characteristics that were not covered by the scope of a UN Regulation. The Chair invited GRE experts to consider the Draft Guidelines and to submit their further comments, if any, to the secretariat and/or to IWG IWVTA as soon as possible.

52. The representative of Japan, Chair of the IWG on IWVTA, presented the Draft General Guidelines for United Nation regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/107, Corr.1 and Add.1). These guidelines aim to streamline future work in the subsidiary bodies, to clarify the procedures following Revision 3 of the 1958 Agreement and to ensure “good regulatory practice” by providing clarifications to avoid divergence in the understanding of Revision 3 of the 1958 Agreement and the application of UN Regulations. The World Forum noted the intention of the IWG on IWVTA to further consider a number of amendments recommended by Contracting Parties and by the Working Parties for consideration at the next sessions of WP.29.

53. WP.29 adopted ECE/TRANS/WP.29/2017/107, Corr.1 and Add.1, as amended below:

“Paragraph 6.1., shall be deleted.
Remove all square brackets in the document, and keep the proposed text.”

53 bis. The representative of the Russian Federation noted that the proposal to delete item 6.1. would require additional elaboration verifying legal consequences, therefore the Russian Federation reserved its position on the issue.

18. The expert from OICA proposed to clarify the application of the 01 series of amendments to Regulation No. 138 (GRB-67-09). The experts from China, France, Germany, OICA and WBU commented on the proposal. The secretariat pointed out that it had already rectified the text of paragraph 6.2.6. which had been incorrectly reproduced in a revised consolidated version published on the WP.29 website (E/ECE/324/Rev.2/Add.137/Rev.1 − E/ECE/TRANS/505/Rev.2/Add.137/Rev.1). GRB invited OICA to take into account the comments received and to prepare an official document for consideration at the next session. GRB also requested that the earlier OICA proposals for transitional provisions (ECE/TRANS/WP.29/GRB/2017/7) be included into this new document.

49. GRSG noted the adoption by WP.29/AC.1 of UN Regulation No. 0 on IWVTA (ECE/TRANS/WP.29/2017/108) and its expected date of entry into force on 19 July 2018. GRSG also noted the adoption by WP.29 of (i) the explanation document on UN Regulation No. 0 (ECE/TRANS/WP.29/2017/109), (ii) the general guidelines for UN regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/2017/107, Add.1 and Corr.1 as amended by para. 53 of the report ECE/TRANS/WP.29/1135) and (iii) the “Question&Answer” document on Revision 3 of the 1958 Agreement (ECE/TRANS/WP.29/2017/131).