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Document Title | Draft proposal to amend Article 4 of the 1958 Agreement: enforcement, market surveillance and recall | ||||||||
Reference Number | IWVTA-08-04 | ||||||||
Date |
5 Nov 2011
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Source(s) | EC | ||||||||
Rulemaking Area(s) | UN R0 International Whole Vehicle Type Approval | ||||||||
Meeting(s) | |||||||||
Downloads | |||||||||
UNECE server | .doc format | ||||||||
Excerpts from session reports related to this document | |||||||||
IWVTA | Session 8 | 10 Nov 2011 |
UK pointed out that a new Agreement would be necessary to enable or empower a CP which issued a type approval to make decisions on manufacturer recalls in the territory of other CPs. OICA would like to maintain manufacturers’ rights in the decision process of a recall (involvement in recall consultation). Japan illustrated that the document IWVTA-08-07 reflected the discussion on safeguard issue at the 7th Informal meeting and also made clear that the authority to judge whether the recall is appropriate or not belongs to a CP where the said products are sold. Russian Federation suggested that the wording “The CP which issued the approval shall take the necessary steps to ensure that the manufacturer recalls the products presenting a serious risk and takes adequate corrective action to eliminate this risk” in the document IWVTA-08-04 should be changed to “The CP which issued the approval shall take the necessary steps to ensure that the manufacturer recalls the products presenting a serious risk and takes adequate corrective action to reduce this risk”. OICA stated that Japan at the 7th Informal meeting raised a concern that should be dealt with by a safeguard clause. This concern was shared by the group. Further essential discussions are needed on how to solve the concern, how to set up possibly a recall system be. Once these essential elements are defined, drafting the revision of Article 4 should follow to make that happen. Australia asked EC whether the recall authority of a CP which issued the approval should extend beyond the scope of type approval or not. Germany recommended handling this issue by the safeguard clause rather than adding a recall clause and asked the purpose to add recall clause in Article 4. EC replied that the purpose is to prevent different corrective actions to be taken by different countries. Germany gave an instance that different countries might adopt different corrective actions referring to a special traffic condition in Germany, i.e., 240km/h cruising speed in autobahn. Australia asked how to implement the recall system. EC replied that the approach might be different with the country. UK suggested that the things could be done at most would be only removal of MRA obligation in case safety risk of the products was detected. Australia asked who had the recall authority in case there should be only some type approvals on parts/systems and no WVTA issued. EC replied that it had not considered such case yet. |
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