1. Title: Overview of 1958 and 1998 Agreements Author: Peter Robertson Economy: Australia

2. Considered four issues for moving forward 1.Work programs to harmonise motorcycle regulations and basic vehicle regulations on ECE or GTRs where available 2.Clarification of information requirements to participate in WP29 3.Identify assistance required to participate in JASIC experts group 4.Identify information that needs to flow from WP29 to VSHG 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru At previous meetings…

3. More information on 1958 agreement and 1998 Agreement and Options for participation Request for 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru

4. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1958 Agreement entered into force on 20 June 1959 Several European countries Progressively attracted interest from non-European countries Japan first non-European country to accede to the Agreement (1998) Followed by Australia (2000), South Africa (2001), New Zealand (2002) WP 29

5. 1998 Agreement concluded on 25 June 1998- entered into force on 25 August 2000 Enables countries to engage in international rule- making without having to assume the obligations, including mutual recognition of the 1958 Agreement WP29 has global status within the United Nations Proposed by Japan in 2000 to become World Forum for Harmonization of Vehicle Standards 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru WP 29 (cont;)

6. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru WP 29 Sub Groups GRPE (Pollution and Energy) GRSG (General Safety) GRRF (Brakes and Running Gear) GRE (Lighting and Light Signalling) GRSP (Passive Safety) GRP (Noise) Informal groups formed under working groups to explore specific issues

7. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru WP 29 Participation Meetings are public – anyone can attend as an observer UN Members may participate fully or in a consultative capacity and may become contracting parties to the agreements administered by WP 29 Regional Economic Integration Organisations set up by UN member countries may also participate fully

8. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru Signing Agreements Must be signed by a head of state, head of Government or Minister for Foreign Affairs At the time of signing, it must be expressly indicated if the signature is definitive or subject to ratification Do not have to be bound by all regulations on signing the agreement(s)

9. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru Administrative Committee 1 (AC1) comprises all contracting parties Does not preclude self-certification countries New regulations and amendments to existing regulations require a two-thirds majority New regulations and amendments to existing regulations enter into force within six months after notification unless a contracting party notifies the Secretary-General of their objection within that time If more than one-third of contracting parties so nominate, the regulations do not enter into force for any contracting party 1958 Agreement

10. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1958 Agreement (cont;) Do not have to apply regulations on signing Once a contracting party has applied a regulation, it may grant type approvals for motor vehicle equipment and parts covered by that regulation and must accept the type approval of another contracting party that has applied the regulation Can apply a regulation, upon notice, at any time Can cease application of a regulation upon one years’ notification to the Secretary-General

11. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1958 Agreement (cont;) Contracting parties granting type approvals must have technical competence to do so and to ensure conformity of production

12. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1958 Agreement (cont;) Anyone may attend as an observer UN members may attend as participants UN members may accede to the Agreement Do not have to apply regulations on signing May apply regulations but do not have to issue type approvals (unless competent to do so) If regulations not applied, may vote on new regulations but not an amendment to existing regulations not applied

13. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1958 Agreement (cont;) If regulations applied, must accept type approvals issued by the other contracting parties who have applied the regulation (subject to dispute provision) Can take any UNECE regulation into domestic legislation without signing the agreement or applying regulations

14. Open to UN members to accede Creates “Global Technical Regulations” GTRs may be established by two routes: ~ harmonisation of existing regulations or standards ~ establishing new GTR where no regulations or standards exist 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1998 Agreement

15. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1998 Agreement (cont;) A regulation is added to the Compendium if supported by a vote of one-third of the contracting parties present and voting, including the vote of either Japan, the European Community or the USA Existing regulations needing harmonisation may be entered in the Compendium of Candidate Global Regulations

16. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru 1998 Agreement GTRs Need to assess technical and economic flexibility Comparative evaluation of potential benefits and cost effectiveness of alternative regulatory requirements Test methods by which compliance is to be demonstrated Must be a unanimous vote to establish a GTR – ie one disserting vote will cause the proposal to fail

17. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru GTRs Certain alternative levels of stringency for developing economics Notification requirements apply on the status of adopting regulations into domestic law and on accepting products where the GTR is not adopted into domestic law A contracting party that votes for a GTR must submit the GTR to its own domestic rulemaking process

18. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru GTRs and UNECE Regulations Can accept product without signing agreement or mandating regulations in domestic law Can mandate a lower standard in domestic law ….. accept international regulation Basic principal is ‘acceptance’

19. 25-29 August 2008, Lima, Peru 31st APEC Transportation Working Group Meeting (TPT-WG31), Lima, Peru Discussion