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Draft General Guidelines for UN regulatory procedures and transitional provisions in UN Regulations
Document WP.29/2017/67
11 April 2017

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.
Status: Superseded
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Previous Documents, Discussions, and Outcomes
4.2.2. | Guidance on amendments to UN Regulations annexed to the 1958 Agreement

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.

4.2.2. | Guidance on amendments to Regulations annexed to the 1958 Agreement

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.

4.4. | Draft Revision 3 to the 1958 Agreement
4.1. | Status of the 1958 Agreement and of the annexed Regulations
4.2.2. | Guidance on amendments to Regulations annexed to the 1958 Agreement

58. The representative of Japan, on behalf of the Chair of the Informal Working Group (IWG) on International Whole Vehicle Type Approval (IWVTA), presented the draft General Guidelines for UN regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/2017/53). He underlined that the aim of the document is 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. He informed the World Forum that the IWG on IWVTA had considered the proposed amendments in WP.29-171-13. He concluded that all amendments agreed by the IWG had been reproduced in WP.29-171-24. He informed WP.29 that the forthcoming meeting of the IWG would be held in Madrid on 16 June 2017. The representative of the Russian Federation raised a study reservation on the revised text. The Chair of WP.29 invited all delegates to send their comments on WP.29-171-24 to the Secretary of the IWG on IWVTA by mid of June 2017 at the latest.

59. WP.29 agreed to resume, at its June 2017 session, consideration of ECE/TRANS/2017/53 as reproduced in WP.29-171-24 and to approve it at the November 2017 session when Revision 3 of the 1958 Agreement entered into force.

4.4. | Draft Revision 3 to the 1958 Agreement
Related and Previous Documents
WP.29/2017/53
WP.29-171-24
WP.29-171-13
WP.29/1044/Rev.1
IWVTA-24-12
WP.29-172-11
WP.29-172-16
WP.29/2017/107
Relates to 1958 Agreement |