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

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.
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Excerpts from session reports
DETA | Session 15 | 25 Jun 2012

The secretariat gave feedback from the meetings on the IWVTA that were held on 20 to 22 June in Paris. The proposals from DETA (DETA-15-03) were not discussed in the 2 working groups but only in the informal group IWVTA, which expressed its concerns on the proposed mandatory use of DETA for all approvals.

DETA took note of a proposal (DETA-15-06) from the chairman and the secretariat for a more limited amendment of the 1958 Agreement, which has been changed during the meeting according DETA-15-06rev.1. In addition the UN secretariat suggested to align the wording with document ECE/TRANS/WP.29/1044/Rev.1 and replace “ equipment” by “systems and components”.

After a discussion the DETA group concluded that the following approach could be suggested to IWVTA:

  • - a limited amendments to article 5 of the Agreement stating that the notification concerning approvals should be according the procedures in a new appendix (placeholder) with administrative provisions;
  • - the administrative provisions should give several options for the distribution of type approval data including the possibility of the use of a common secure electronic data exchange system (DETA),
  • - the specification in each regulation which procedure might or has to be used (for Regulation 0 the DETA system) and
  • - in cases where the Unique Identifier will be used or otherwise requested in a separate Regulation the DETA system shall be applied.

The ECE stressed this to be structured in the DETA meetings for showing the benefits of DETA.

To give further input to the next meetings of the two IWVTA subgroups all delegated will inform the secretariat before the end of August with topic that has to be dealt with in the relevant placeholder, which the chair and secretariat will convert into a proposal for IWVTA in September.

GRSG | Session 103 | 2-5 Oct 2012

27. The expert from OICA presented GRSG-103-26, proposing to introduce the concept of “revision of approvals” into some Regulations under the responsibility of GRSG, especially UN Regulations Nos. 18, 26, 34, 35, 43, 58 and 61. GRSG welcomed the proposal and agreed to give a detailed consideration at its next session in April 2013. The expert from France stated that the provisions proposed for UN Regulations Nos. 26 and 61 could be removed from GRSG-103-26 in the event that the World Forum adopts, at its forthcoming session in November 2012, documents ECE/TRANS/WP.29/2012/86 and ECE/TRANS/WP.29/2012/89. The secretariat was requested to distribute GRSG-103-26 with an official symbol, taking into account the revised general guidelines for UN regulatory procedures (ECE/TRANS/WP.29/1044/Rev.1).

WP.29 | Session 166 | 23-26 Jun 2015

9. The representative of Japan briefed AC.2 on the progress of the International Whole Vehicle Type Approval System (IWVTA) Group. OICA had submitted a formal proposal to revise paragraph 3 of the frozen text of the revision of the 1958 Agreement. After discussions, the Group had decided not to change the frozen text, but to address the concern of OICA in the revised guidance document ECE/TRANS/WP.29/1044 currently under development by the informal group. This issue would be revisited at the September meeting of Subgroup for the 1958 Agreement. The representative also briefed the Committee about the meeting of the Subgroup on UN Regulation No. 0. As a result of the discussions at their meeting, the small group on the definition of vehicle type agreed to introduce a new concept, ‘IWVTA type’ which would group vehicles of a type with the same level of conformity in one IWVTA type. The informal group on the Database for the Exchange of Type Approval (DETA) also agreed on a procedure to produce the relevant vehicle specific data for each vehicle.

54. The Chair of the informal group on IWVTA reported on the outcomes of the last meeting. He reported that OICA had made a formal proposal to revise paragraph 3 of the frozen text of the revision of the 1958 Agreement. After discussions, the group decided not to change the frozen text, but to address the concern of OICA in the revised guidance document ECE/TRANS/WP.29/1044/Rev.1 currently under development. This issue would be revisited at the September meeting of Subgroup for the 1958 Agreement. The representative of OICA clarified he had withdrawn his proposals so as not to risk delaying the final decision on the revision of the 1958 Agreement in many Contracting Parties. The Chair of IWVTA also reported that the decision of the informal group not to amend the current frozen text was also in line with the request from the Russian Federation to keep the frozen text unchanged.

GRB | Session 67 | 24-26 Jan 2018

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.

GRE | Session 78 | 24-27 Oct 2017

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.

GRSG | Session 102 | 16-20 Apr 2012

30. GRSG noted that the revised general guidelines for UN regulatory procedures and transitional provisions in UN Regulations (ECE/TRANS/WP.29/1044/Rev.1) were now available on the UNECE website.

31. The GRSG Chair invited all experts to use this document when preparing future proposals for amendments especially with respect to transitional provisions.

GRB | Session 66 | 4-6 Sep 2017

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.

GRPE | Session 69 | 5-6 Jun 2014

39. The IWVTA Ambassador reported on the progress made by the IWG on IWVTA and the availability of the draft UN Regulation No. 0 (WP.29-162-04). He highlighted the ongoing discussion on the relevant content of lists A and B for UN Regulation No. 0, noting that UN Regulation No. 85 was in list A and that both UN Regulation No. 101 and WLTP were listed in List B. He echoed the comments made by the Chair on WLTP (see para. 10 above).

40. The secretariat also reported on the progress made on draft Revision 3 of the 1958 Agreement (ECE/TRANS/WP.29/2014/53) and referred to WP.29-162-12-Rev.1 as well as WP.29-162-18. He added that the draft Revision 3 of the Agreement included some new elements:

(a) Allowing Contracting Parties to grant type approvals according to former versions of UN Regulations;

(b) Triggering the mandatory application by Contracting Parties of new series of amendments to UN Regulations on a common commencement date (e.g. 1 September each year). These elements would permit to yearly collect into a single amendment to UN Regulation No. 0 all newly adopted amendments to existing UN Regulations and new UN Regulations;

41. The secretariat added that the Group was proposing to better follow the definitions of Supplements and series of amendments to ease the IWVTA process and that a set of amendments to a UN Regulation would only be permitted once a year. He concluded that guidelines for transitional provisions (ECE/TRANS/WP.29/1044/Rev.1) would be amended accordingly.

42. The GRPE Chair clarified that no further action was needed from GRPE at the moment.

GRSP | Session 60 | 13-16 Dec 2016

47. GRSP noted the progress of ratifying of the adopted Revision 3 of the 1958 Agreement (ECE/TRANS/WP.29/1126, paras. 64 and 65) supported by the EU. It was noted that in absence of objections the date of entry into force of Revision 3 would be scheduled for August 2017. The expert from Japan, ambassador of IWVTA to GRSP, informed the group that a proposal concerning UN Regulation No. 0 would be submitted by the IWG to the June 2017 session of WP.29. It was also noted that at the March 2017 session of WP.29 would be discussed the following documents:

  1. a revised guideline for UN Regulatory Procedures and Transitional Provisions in UN Regulations (ECE/TRANS/WP.29/2017/53),
  2. an explanatory document on UN Regulation No. 0 (ECE/TRANS/WP.29/2017/54) and
  3. a questions and answers document on Revision 3 of the 1958 Agreement (ECE/TRANS/WP.29/2017/55).

GRSG | Session 114 | 9-13 Apr 2018

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).

WP.29 | Session 173 | 14-17 Nov 2017

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.

WP.29 | Session 172 | 20-23 Jun 2017

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.

GRE | Session 71 | 31 Mar-3 Apr 2014

53. The Secretary to AC.1 reported on the progress in preparing Revision 3 of 1958 Agreement, including UN Regulation No. 0 on IWTA (ECE/TRANS/WP.29/2014/53 and WP.29-162-04), as well as the proposed revised guidelines for supplements and series of amendments to UN Regulations (WP.29-162-18) whose main elements are as follows:

a) Contracting Parties may apply former versions of UN Regulations, “engraved in stone”;

b) establish common date (e.g. 1 September each year) of entry into force of new series of amendments to UN Regulations;

c) only one new series of amendments per year would be allowed;

d) in case of several series of amendments in force, for every supplement the respective GR and WP.29 should indicate the series of amendments it refers to. The secretariat should prepare separate documents for each series of amendments for adoption by WP.29 and AC.1;

f) the guidelines for transitional provisions established by WP.29 (ECE/TRANS/WP.29/1044/Rev.1) would be amended accordingly.

54. GRE took note of the above information and expressed no objections to setting the common annual date of entry into force of new series of amendments on 1 September.

WP.29 | Session 169 | 21-24 Jun 2016

55. The representative of OICA stated that the procedure to grant extensions of existing approvals, following the entry into force of a new supplement, is already addressed by the General Guidelines for United Nations Regulatory Procedures and Transitional Provisions in UN Regulations (ECE/TRANS/WP.29/1044/Rev.1, para. 30). However, the representative of the EU was not in the position to confirm this statement in a general manner, as it is deemed to require further discussion and interpretation in its specific context.

GRSG | Session 113 | 10-13 Oct 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.

WP.29 | Session 171 | 14-17 Mar 2017

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.