Working Document WP.29/2017/107

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.

Correction to align the French text with the English and Russian versions.

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 amend WP.29/2017/67.

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.

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.

Draft proposal from the IWVTA informal group.

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.

Proposal to introduce requirements for color contrast for signage and provisions for passengers with limited mobility. At its previous session (GRSG-112), GRSG approved a proposal by Germany (GRSG/2016/20) as revised in document GRSG-112-35 with the proviso that OICA would prepare a final document including transitional provisions for consideration at GRSG-113. Based upon the new general guidelines developed for Revision 3 of the 1958 Agreement, the new requirements would transition into application from September 2020 for new types of vehicles and September 2022 for all existing types.

5. The expert from Germany recalled the purpose of ECE/TRANS/WP.29/GRSG/2016/20 to improve the accommodation and accessibility for passengers with reduced mobility. He added that GRSG had adopted the document in principle at its previous session as reproduced in GRSG-112-35 subject to the insertion of transitional provisions. Thus, the expert from OICA introduced GRSG-113-15-Rev.1. The expert from Sweden underlined the need to delete the amendments to Annex 8, paragraph 3.2.4. GRSG adopted ECE/TRANS/WP.29/GRSG/2016/20 as reproduced in Annex V to the session report (based on GRSG-113-15-Rev.2) and requested the secretariat to submit it to WP.29 and AC.1 as draft 08 series of amendments to UN Regulation No. 107 for consideration at their March 2018 sessions.

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.

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.

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).

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.

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.

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).

Proposal to address Supplements to UN Regulations that were recently adopted under Revision 2 to the 1958 Agreement, but that will enter into force under Revision 3 to the Agreement. At issue is a difference between the two Revisions with regard to extensions of type approvals. Under Revision 2, Supplements adopted after the date of a first type approval do not apply to extensions of the approval unless specifically required by the Supplement. Under Revision 3, all Supplements apply to extensions of approvals unless the Supplement specifically exempts such extensions from its requirements. Now that Revision 3 has entered into force, OICA seeks to clarify that recent Supplements adopted under Revision 2 will be subject to Revision 2 even though they will enter into force in the coming months.

Proposal concerning extensions of type approvals granted under Revision 2 of the 1958 Agreement following the entry into force of Revision 3. The proposal would specify terms as of the adoption by AC.1 (in lieu of the current proposal to specify terms for Supplements as of their entry into force).

54. The representative of OICA introduced WP.29-173-14 to raise concerns that the new rules for extensions to existing type approvals under paragraph 31(b) of the guideline document were developed after the most recent amendments to UN Regulations, which therefore obviously could not take into account these new Rules. As a result, recently adopted Supplements could unexpectedly have a retroactive impact on some vehicle type approvals when these are extended. He proposed that Supplements to UN Regulations adopted by AC.1 at its March and June 2017 sessions should not be subject to paragraph 31 of the guidelines.

54 bis. WP.29 noted the proposal from OICA but did not support it.

Consolidated guidelines including the original proposal in document WP.29/2017/107 plus corrections and addendum pursuant to WP.29 decisions taken at the time of adoption in November 2017.