Request to add the US durability enforcement procedures to the Compendium of Candidates for GTR under the 1998 Agreement.

Request for additional data and information in the event of a future, similar, proposal under the 1998 Agreement, which would require ensuring compatibility with other enforcement systems.

15. The experts from France and EC introduced an updated proposal for the new definition of “radial tyre” (ECE/TRANS/WP.29/GRBP/2021/9). The same definition was also proposed for UN Regulations Nos. 54, 75, 106, 108 and 109 ECE/TRANS/WP.29/GRBP/2021/10. The experts from Canada and the United States of America raised a number of questions on the proposal (GRBP-74-07) and pointed out that they had started consultations with the authors. GRBP invited the stakeholders, in liaison with ETRTO, to continue discussions and agreed to come back to the proposal at the next session.

Select Summaries of Hydrogen Incidents from the H2tools.org Lessons Learned Database

151. Referring to the deferral of vote on Amendment 3 to UN GTR No. 9, the representative of the United States of America, Chair of GRSP, informed AC.3 about the actions undertaken in the progress towards a resolution of outstanding matters in this context. He informed delegates that a meeting of interested experts was held virtually on 23 April 2021, when the representatives from the United States of America and Germany presented findings and conclusions of their respective experts. It was agreed that more discussions were warranted, as well as the involvement of the industry. Following that meeting, United States of America and Germany continued the dialogue and exchange of views and technical information to find a solution. He also added that experts met on 17 May 2021, just prior to the GRSP May 2021 session, and agreed to establish as soon as possible a task force for the purpose of solving the issue before the December 2021 GRSP session. He also noted that the first meeting of the task Force was held on 14 and 15 June 2021 and that a proposal would most likely be ready by the GRSP meeting in December 2021. He underlined that the experts from Germany, Canada, United Kingdom of Great Britain and Northern Ireland, Japan, the Netherlands, and Republic of Korea, supported the approach of the United States of America and emphasised the relevance of timing.

152. The representative from OICA stressed the importance of not delaying the finalisation of the extension of the impact zone to the windscreen area, explaining that this is urgently needed due to the European Union requirements of the General Safety Regulation, which were already decided in general (including the application dates), but which were currently under technical development in the framework of UN Regulation No. 127. He warned that if such detailed topics were referred back to GTR No. 9 as additional items under the currently foreseen draft amendment 3 (designation of the test points), the deadlines would possibly not be respected, creating for industry and authorities a legal void. However, the Chair of AC.3 recommended that the work of the Task Force would focus on Amendment 3 to UN GTR No. 9, since many Contracting Parties would not afford further delays on this subject and recommended the adoption of the revised authorization for developing the work (ECE/TRANS/WP.29/2021/83). AC.3 endorsed the Chair’s approach and adopted the proposal. AC.3 requested the secretariat to distribute ECE/TRANS/WP.29/2021/83 with an AC.3 symbol at its November 2021 session, awaiting a status report of the Task Force at this session.

153. Due to lack of time, AC.3 deferred consideration on Deployable Pedestrian Protection Systems (DPPS) to its next session scheduled for November 2021.

46. The Chair of IWG on EVE presented the status report introducing the latest activities of the group (GRPE-83-29). He detailed the latest activities with respect to in-vehicle battery durability as reflected in the latest draft of the UN GTR (see para ‎45).

47. The representative from OICA supported the extensive efforts done to finalize the draft UN GTR and agreed to leave some provisions still open (such Part A and B family definitions) even though some common agreements had been reached in recent meetings.

48. Given the importance and urgency to deliver on this new UN GTR, the Chair proposed GRPE to hold an additional GRPE session in the fall of 2021 so that the draft UN GTR could be considered and voted upon during the March 2022 session of WP.29. Following some interactions with the secretariat, the dates of 12 or 22 November 2021 afternoon were proposed.

49. The representatives from Canada, France, South Africa, Sweden, UK, USA and EC supported the proposal for an additional GRPE session and opted for the 12 November 2021.

50. The Chair of the IWG on EVE introduced draft updated terms of reference and rules of procedure for the IWG on EVE (GRPE-83-30) and announced GRPE a final version would be presented to GRPE at the additional November 2021 session.

Proposal by the USA, European Union, Japan and the Republic of Korea to request revision of the authorization to develop a future proof global technical regulation of Real Driving Emissions based on Phase 2 work by the RDE informal working group.

16. The representative from the EC, Chair of the IWG on RDE, introduced updated terms of reference and rules of procedure for the IWG on RDE (GRPE-83-31 as revised during the session) detailing expected activities in the months and years to come. The representative from the US supported the updated approach and highlighted opportunities for alignment. GRPE endorsed the updated document and encouraged the IWG on the ambitious harmonization activities.

17. Consequently, the Chair of the IWG on RDE introduced a revised authorization to develop a new UN GTR on RDE (GRPE-83-32 amended during the session as reflected in Annex VIII to the session report). She detailed that the expected UN GTR would go directly into a more comprehensive phase 2, with wider engagement from all parties. The representative from the USA commended the GRPE process and he added that the USA were working on a rule making that was expecting to use the outcomes from the IWG on RDE and the draft phase 2 UN GTR.

18. GRPE requested the secretariat to submit Annex VIII to WP.29 and AC.3 for consideration and vote at their November 2021 sessions as draft revised authorization to develop a new UN GTR on RDE.

This document contains a proposal to continue to develop amendments to UN GTR No. 9 on pedestrian safety in order to clarify the test procedures. It is based on ECE/TRANS/WP.29/AC.3/31 from the March 2012 session of the Executive Committee (AC.3) of the 1998 Agreement. It is distributed to the World Forum for Harmonization of Vehicle Regulations (WP.29) and to AC.3 for consideration. This document shall be appended to the amendment to the UN GTR once adopted.

4. GRSP Chair, informed GRSP of the discussion held at the March 2021 session of the Executive Committee of the 1998 Agreement (AC.3) (see ECE/TRANS/WP.29/1157, paras. 143 to 148). GRSP Chair recalled GRSP that AC.3 agreed to defer vote under this agenda item to its June 2021 session pending further discussions concerning the proposal for Amendment 3 to UN Global Technical Regulation (UN GTR) No. 9 at the next session of GRSP, scheduled to take place in May 2021. He also reminded that AC.3 requested GRSP to give highest priority to the task and to report back to AC.3 and WP.29 with the greatest urgency on the progress towards a resolution of outstanding matters in this context. He continued that to that end, he had contacted the concerned Contracting Parties including AC.3 Chair and the GRSP Secretary, to meet at the earliest possible date and asked the new expert representing the United States of America to report on the developments since WP.29. The expert of the United States of America informed GRSP about the meeting of the interested experts held virtually on April 23, when especially the experts from the United States of America and Germany, presented on the findings and conclusions of their respective experts. It was agreed that more discussions are warranted and with inclusion of the industry. During that time, United States of America and Germany continued the dialogue and exchanges of views and technical information to find a solution. She also added that experts met on Monday, May 17, just prior to GRSP meeting and agreed to establish as soon as possible a task force to solve the issue between the May and December 2021 GRSP sessions. She assumed that the first meeting of the task Force would be held on June 14 and that most likely a proposal would be ready by the GRSP meeting in December 2021. The experts from Germany, EC, Canada, United Kingdom of Great Britain and Northern Ireland, Japan, the Netherlands, and Republic of Korea, supported the United States of America approach and underlined the relevance of timing. The expert from the United States of America proposed to include other relevant issues in the programme of work of the Task Force. The expert from OICA stressed the importance not to delay the finalisation of the extension of the impact zone, explaining that this is urgently needed due to the European Union requirements of the General Safety Regulation which are already decided in general (including the application dates), but which are currently under development in the framework of UN Regulation N° 127. He feared that, if such topics are referred back to GTR N°9, then the deadlines would not be respected, creating for industry a legal void. The experts from the Netherlands and the United States of America introduced GRSP-69-43-Rev.1 amending the previous authorization to develop Amendment 3 (ECE/TRANS/WP.29/AC.3/31). GRSP recommended on provisional basis ECE/TRANS/WP.29/AC.3/31/Rev.1, as reproduced in Annex II to this report, to provide a revised request of authorization of work to finalize Amendment 3 to UN GTR No. 9 (Pedestrian safety) for consideration to the June 2021 session of AC.3. To ensure the work proceeds in a timely manner, GRSP agreed to establish a Task Force, and it was recommended to withdraw the current proposed Amendment 3 from consideration and vote at the June 2021 session of AC.3. Moreover, GRSP agreed to forward documents under agenda item 11 (ECE/TRANS/WP.29/GRSP/2019/18, ECE/TRANS/WP.29/GRSP/2020/9 and GRSP-69-21-Rev.1) to the TF for consideration (see para. 20 below).

Input regarding automated vehicle crashworthiness priorities.

36. GRSP considered GRSP-69-29 tabled by the expert from the European Commission, as well as GRSP-69-40 tabled by the expert from the United States of America, providing updated lists of work priorities of GRSP. GRSP finally adopted GRSP-69-29-Rev.2, as reproduced in Annex VIII to the session report and requested the secretariat to submit it to the June 2021 session of WP.29.

8. The IWG Chair, on behalf of the co-sponsors (China, Japan, European Union and the United States of America) and all members of IWG GTR No. 20, Phase 2 reported on the progress of the IWG meeting by referring to GRSP-69-38. GRSP noted that IWG requested an eighteen months mandate extension (June 2023), which would envision the formal vote on the Phase 2 of the UN GTR either in March or November 2024 sessions of AC.3. GRSP endorsed the request of the Chair to seek endorsement of AC.3 at its June 2021 session of AC.3.

7. The IWG Chair, on behalf of the co-sponsors (Japan, Republic of Korea, the European Union and the United States of America) informed GRSP about the work progress of IWG on Hydrogen and Fuel Cell Vehicles (HFCV) UN GTR No. 13, Phase 2 by referring to GRSP-69-37.

143. The representatives of the United States of America requested that AC.3 agree to a deferral of the vote on this item due to its final technical evaluation of the amendment earlier this year. They explained that technical experts in the United States had identified how the proposed amendment to UN GTR No.9 on Pedestrian Safety lowers the stringency of the underlying performance requirement for head impact protection. Due to important safety considerations, the United States of America requested additional time to discuss its scientific findings with GRSP. In addition to the need to further evaluate the underlying safety protections as proposed in the amendment, the representatives of the United States of America noted that there are no fewer than three additional amendments pending or being planned, from various contracting parties. Some of which will have a direct impact on the stringency of the UN GTR. In fact, one of these amendments has the potential to improve the stringency of the testing requirements. Therefore, they questioned why WP.29 would adopt the amendment at this session which reduces the stringency of the UN GTR, only to retighten or potentially improve it shortly thereafter. The representatives of the United States of America detailed some of their expert findings and urged the group to pay closer attention to how proposed amendments to UN GTRs relate to each other, take the time to make sure all parties are confident that they are based on the best available scientific evidence available before being presented for adoption to ensure the highest possible levels of safety are attained. The representatives of the United States of America also pointed out that the requested postponement would have no effect on Contracting Parties that operate under the 1958 Agreement because the pending amendment was already incorporated into UN Regulation No. 127. Furthermore, the representatives reminded AC.3 that according to the rules and procedures of the 1998 Agreement (Paragraph 6.2.5.1.), a proposal that is found to be inadequate may be returned to the originating Working Party for revision. Finally, the United States of America representatives also reminded AC.3 that the process of international harmonization of vehicle regulations is an inclusive process, initiated through regulatory activities within the scope of the 1998 Agreement and continued with corresponding activities under the 1958 Agreement, with the aim to encompass the largest representation at the global level.

144. The representative of the European Union argued that the request for postponement on such short notice was undermining the consensus reached by experts after more than six years of discussion in GRSP, based on which the amendment was submitted to the vote in March 2021 WP29 meeting. She stressed that this created a dangerous precedent, whereby any Contracting Party, in disregard of the outcome of work that had already been finalised and validated by the experts, can delay adoption of the legislation and disrupt the procedure at any time. GR level is the one to propose and discuss technical solutions until submission of the draft text for vote. United States of America despite request to this end formulated already in 2015, did not provide any elements for discussion supporting their position, only until March 2021 AC3 session. She stressed that this is not appropriate way of proceeding. She underlined that technical explanations provided by the expert from the United States of America were already examined by GRSP at length (the United States of America had a study reservation on the proposal since 2012), were not endorsed by GRSP and therefore could not be considered at this stage as a basis for postponement by AC.3. She also added that the allegations of lowered stringency of the proposed amendment, the provisions of which are based on UN Regulation No. 127 would create a precedent affecting the credibility of the 1958 Agreement. She underlined that no Contracting Party voiced concerns with regard to the safety levels of Regulation 127, which is a mirror legislation to GTR 9 with the suggested amendment.

145. The representative from Canada proposed to delay the vote until June 2021 in order to retain the work performed so far by GRSP.

146. The expert from Germany expressed his view on the necessary urgency for reaching a solution and called on GRSP to immediately commence with appropriate activities, having in mind the short timeframe between the upcoming GRSP session in May 2021 and the next AC.3 and WP.29 sessions scheduled for June 2021.

147. Upon repeated consultations with the Committee concerning positions of AC.3 members with respect to the possible establishment of the amendment, the Chair of AC.3 concluded that the support from the Committee to reach consensus was not adequate.

148. AC.3 agreed to defer vote under this agenda item to its June 2021 session pending further discussions concerning the proposal for Amendment 3 to UN GTR No. 9 at the next session of GRSP, scheduled to take place in May 2021. AC.3 requested GRSP to give highest priority to the task and to report back to AC.3 and WP.29 with the greatest urgency on the progress towards a resolution of outstanding matters in this context. AC.3 agreed to keep this item on its agenda for the next session with the expectation to vote on the amendment.

135. AC.3 noted that the proposal under this agenda item had been withdrawn.