- Under the definition of “apply a Regulation” mentioned above, all or the part of articles 1.4.3, 1.5, 1.7.1, 1.7.2 and 2.5 of the document No.IWVTA-SG58-03-02 should be deleted and the provisions concerning the right of a CP applying a Regulation to issue a type approval based on any of the earlier series of the Regulation should be added.

Action item 2: Japan made a reservation on the last two paragraphs of Preamble because they fail to state the more important aspect of the 1958 Agreement, i.e., the improvement of safety, environmental protection performance, etc. than that of reducing technical barriers to international trade. Japan will make a proposal to revise these paragraphs by the end of November.

Agreement 3: The Sub-group agreed that article 1 should continue to serve to stipulate the procedure to establish a new Regulation whereas article 12 stipulates the procedure to amend a Regulation.

Action item 3: Japan will make a proposal to revise paragraph 1 (b) of article 1 in order to make it clear that requirements must improve the safety, environmental protection performance, etc. by the end of November. Other members are also welcome to make a proposal to revise paragraph 1 (b) of article 1 which may arise many uncertainties (how to make a balance among the best available technology, relative benefits and cost effectiveness?) by the end of November.

Action item 4: EC will review the transitional provisions of paragraph 1 of article 1 by the end of November. (“the date as from which the vehicle, equipment or part has to comply” should be amended as “the date as from which a type approval issued in accordance with the un-amended Regulation can be refused”)

Action item 5: OICA will make a proposal to add the definition of “apply a Regulation” to article 1.4.2 by the end of November.

Action item 6: OICA will make a proposal to amend article 1.4.4 in order to reflect the principle of 1958 Agreement (CPs applying a Regulation cannot be obliged to accept type approvals issued pursuant to earlier series of that Regulation) more appropriately by the end of November.

Action item 7: EC will review article 3 (mutual recognition) by the end of November to take into account the agreement that the concept of ‘applying an older version of a regulation’ is replaced by the 3 principles referred to in point 2 in relation to the concept of “applying a Regulation”.