Advice from OLA regarding the amendments to the 1958 Agreement (revised)
Document SG58-06-03/Rev.1
5 July 2013

Responses from the UN Office of Legal Affairs to questions posed by the International Whole Vehice Type Approval (IWVTA) informal group concerning the ramifications of possible amendments under discussion within the group.

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Previous Documents, Discussions, and Outcomes
4.1. | Status of the 1958 Agreement and of the annexed UN Regulations
4.2.2. | Guidance regarding the application of Supplements to several series of amendments running in parallel.
4.3. | Development of the International Whole Vehicle Type Approval (IWVTA) system
4.4. | Consideration of draft Revision 3 to the 1958 Agreement

48. The representative of the Russian Federation supported the initiative and proposed an amendment to the voting procedure by increasing the current threshold of two-thirds to a minimum of three-quarters majority as this would strengthen the rule making procedures of Contracting Parties. She voiced legal objections to the provisions of the Charter of the United Nations on the proposed proxy voting. WP.29 noted that, according to OLA, the proxy voting procedure was legally acceptable in the context of the United Nations (WP.29-163-24).

49. The representative of Japan announced that the draft Revision 3 was satisfactory for his country. He expressed his preference for a four-fifths majority and stated that this view was shared by a number of Asian Contracting Parties as well as by some potential Contracting Parties to the Agreement. He announced the preparation of a concrete proposal on raising the voting majority threshold, for consideration at the November 2014 session. The representative of EU supported draft Revision 3 and recommended Contracting Parties to also initiate their procedures for legal and political assessment. The representative of Australia indicated his country’s support for a four-fifths majority and that Australia would be a co-sponsor of Japan’s proposal. He also indicated Australia’s support for proxy voting, citing the tyranny of distance as a reason some delegations had difficulty in attending WP.29.

Related and Previous Documents
WP.29-163-24
Relates to 1958 Agreement | UN R0 |