thirty eight apec transportation working group meeting, bali , indonesia 1 – 5 july 2013

Thirty Thirty Eight Eight APEC Transportation APEC Transportation Working Working

Group Meeting, Group Meeting, BaliBali, , IndonesiaIndonesia1 – 5 July 20131 – 5 July 2013



Activities for IWVTAActivities for IWVTAin the WP29 Meeting andin the WP29 Meeting and

It’s Informal Group MeetingIt’s Informal Group Meeting(Agenda Item 5.2)(Agenda Item 5.2)July 2July 2ndnd & 3 & 3rdrd, 2013, 2013

Takashi HIRAITakashi HIRAI Chief Representative, JASIC Jakarta OfficeChief Representative, JASIC Jakarta Office

JAPANJAPAN



2

UN/ECE/WP.29

Task: Development of roadmap (approved by WP.29 in November 2011)Task: Development of roadmap (approved by WP.29 in November 2011)[Chairman] Mr. Gauvin (WP.29 Vice-chairman)[Co-vice-chairmen](1) Mr. Renders (EU) 　⇒ Revision of the 1958 Agreement

(Quality of rulemaking, type-approval procedure and mutual recognition, conformity of production, qualification of technical services, quorum for adoption of new Regulations and amendments, etc.)

(2) Mr. Onoda (MLIT-JAPAN) 　⇒　 Preparation of IWVTA (UN R0)(Technical requirements, types, categories, weights, definition of dimensions, specifications of application procedures, etc. necessary for IWVTA)

[Technical Secretary] Mr. Oshita (JASIC)[Time of meeting] Friday of the week prior to WP.29 (mostly)[Venue] Paris (mostly)[Members] Any organization that attends WP.29

(Currently about 30 members from government and industry)

IWVTA Informal Group



3

IWVTA informal Group IWVTA informal Group

Sub-group on the amendment of the 1958 AgreementSub-group on the amendment of the 1958 Agreement

Object: This group is to assist the IWVTA informal group in prepare Object: This group is to assist the IWVTA informal group in prepare a draft text for the revision of the 1958 Agreement.a draft text for the revision of the 1958 Agreement.

Chairman: Mr. Renders (EU) Secretary: Mr. Oshita (JASIC)Chairman: Mr. Renders (EU) Secretary: Mr. Oshita (JASIC)

Chairman: Mr. Onoda and Mr. Matsuo (JAPAN/MLIT) Chairman: Mr. Onoda and Mr. Matsuo (JAPAN/MLIT) Secretary: Mr. Oshita (JASIC)Secretary: Mr. Oshita (JASIC)Object: This group is to assist the IWVTA informal group in preparing Object: This group is to assist the IWVTA informal group in preparing

a draft text for UN R0a draft text for UN R0

Sub-group on the new regulation No.0Sub-group on the new regulation No.0

Organization of subgroupOrganization of subgroup



Final proposal of UN Regulation No.0 on IWVTA as part of the package of amended and new UN Final proposal of UN Regulation No.0 on IWVTA as part of the package of amended and new UN Regulations developed by GRs will be submitted to WP.29 for consideration in June 2015. Regulations developed by GRs will be submitted to WP.29 for consideration in June 2015.

The target completion date for the work of the IWVTA Informal Group shall be March 2016. The target completion date for the work of the IWVTA Informal Group shall be March 2016.

The Roadmap of the revising 1958 agreement and establishing IWVTA was approved The Roadmap of the revising 1958 agreement and establishing IWVTA was approved by 155 session of WP29 in November 2011.by 155 session of WP29 in November 2011.The Roadmap of the revising 1958 agreement and establishing IWVTA was approved The Roadmap of the revising 1958 agreement and establishing IWVTA was approved by 155 session of WP29 in November 2011.by 155 session of WP29 in November 2011.

9 11

Candidates for items for IWVTA

2. Amend the 1958 Agreement

2011 2012 2013 2014 2015 2016

IWVTA-IG is to prepare candidates for items for IWVTA.

Discuss and agree on the inventory

Amend existing regulations and/or make new regulations

IWVTA concept (including 　 UN R0 at WP.29)

Making draft UN R0

Amend IWVTA-related agreements (if necessary)

Amend agreements?

Application, grant, modification, withdrawal of approval; new technologies, COP, safeguard, etc.

Report to WP.29

Draft proposalReport to WP.29

6 11

Based on the item list, each GR examines UN Regulations (to be created or amended as necessary).

Discuss the draft UN R0 at WP.29

63 6 11

Submit Final draft

To be continue to Discuss at WP.29

1. IWVTA

Roadmap of the revising the 1958 Agreement and establishing IWVTARoadmap of the revising the 1958 Agreement and establishing IWVTA

4



5

The 13rd IWVTA Informal Group held its session on June 21 in Paris. The 13rd IWVTA Informal Group held its session on June 21 in Paris. During this session, Informal Group endorsed the propositions made by the two Sub-groups. During this session, Informal Group endorsed the propositions made by the two Sub-groups.

Agenda of 58 agreement Agenda of 58 agreement

• Consideration of Consideration of flexible IWVTA flexible IWVTA schemescheme• Clarification regarding Clarification regarding transitional process transitional process for IWVTA for IWVTA • Drafting Proposals for the development of UN R0 for the use of Drafting Proposals for the development of UN R0 for the use of DETADETA• Status of supplements within the 1958 Agreement, Status of supplements within the 1958 Agreement, type approval numbering and type approval numbering and

markings markings • Action items + Action items + Preparations of reporting to the 13Preparations of reporting to the 13thth IWVTA Informal Group meeting IWVTA Informal Group meeting

Agenda of UN R0Agenda of UN R0

• Consolidated Consolidated drafting proposals drafting proposals for the revised 1958 Agreementfor the revised 1958 Agreement• Review of outstanding issues Review of outstanding issues with regard to the drafting proposals for the Articles of the with regard to the drafting proposals for the Articles of the

1958 Agreement and Appendices1958 Agreement and Appendices• Action items + Preparation of reporting to the 13Action items + Preparation of reporting to the 13thth IWVTA Informal Group meeting IWVTA Informal Group meeting

The 13The 13rd rd IWVTA Informal GroupIWVTA Informal Group



6

Review of the 1958 AgreementReview of the 1958 Agreement



7

Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27

Overall Objectives:fostering participation of more countries and regional

economic integration organizations in the activities of the World Forum (WP.29)

increase the number of Contracting Parties to the Agreement (make it more attractive)

Agreement to remain the key international framework for the harmonization of technical regulations in the automobile sector (ensure its functioning and reliability, and the quality of type-approvals)

Review of the 1958 AgreementReview of the 1958 Agreement



8


Proposals to review the 1958 Agreement (WP.29-155-27)Proposals to review the 1958 Agreement (WP.29-155-27)

WP.29 in November 2011:1. confirmed the objectives to review the 1958 Agreement:

“The future direction for the 1958 Agreement should aim, among others, at fostering the participation of more countries and regional economic integration organizations in the activities of the World Forum and to increase the number of Contracting Parties to the Agreement, by improving its functioning and reliability, and thus ensuring that it remains the key international framework for the harmonization of technical regulations in the automobile sector.”

2. agreed on the inventory of proposed actions, including those aimed at addressing the confirmed objective to make the 1958 Agreement more attractive so that more countries can join.



9


Proposed actions to make 1958 Agreement more attractive:Proposed actions to make 1958 Agreement more attractive:

Countries which are using self-certification in their national legislation, are not prevented from becoming Contracting Party to the 1958 Agreement and to apply its UN Regulations

Application of UN Regulations nationally is not related to the existence of a type approval system domestically.

The rights of new Contracting Parties to the 1958 Agreement to declare that they will not apply certain Regulations or any of them.

Right to start applying a Regulation at a later stage Right to cease application of a Regulation

What will be maintained?



10


Address the need for accommodating different levels of stringency in the application of UN Regulations by creating the possibility for Contracting Parties to issue and accept type-approvals according to earlier versions of UN Regulations

Flexible voting procedure: a Contracting Party can delegate in writing its presence for the purpose of the determination of the quorum and the right to vote on its behalf to another CP or regional economic integration organization to which the CP belongs

What will be new?

Proposed actions to make 1958 Agreement more attractive:Proposed actions to make 1958 Agreement more attractive:



11


the principle of mutual recognition of type-approvals: CPs applying a Regulation cannot be obliged to accept type approvals issued pursuant to earlier versions of UN Regulations+ CPs issuing and accepting type approvals pursuant to earlier versions of UN Regulations cannot refuse type approvals issued pursuant to the latest version of these UN Regulations

special character of Regulation R0 on IWVTA (depending on the approach to be selected for the flexibility scheme)

Proposed actions to make 1958 Agreement more attractive: Proposed actions to make 1958 Agreement more attractive:

What will be confirmed/clarified?



12


Proposed actions to improve the functioning and reliability Proposed actions to improve the functioning and reliability of 1958 Agreementof 1958 Agreement

Appendices

Text of the 1958 Agreement (amended)

ANNEX (Regulations) - Addendum to 1958 AgreementNo.0 IWVTA : Vehicle approval requirements (New UN Regulation)

No.126 ……..

.…

Appendix 1 Composition and Rules of Procedure of the Administrative Committee (amended)

Appendix 2 Conformity of Production Procedure (amended)

Placeholder Procedure for Type Approval〔(R.E.3) Annex 7 (amended)〕

No.1 ……..

Relevant elements of WP29/1059 or later revisionRelevant elements of WP29/1044 or later revision

The possibility of merging the new placeholder in the existing Appendix 2 or otherwise is currently considered



13



Article 1: clarification of what UN Regulations shall cover

(performance oriented requirements)

Article 2: clearer and enhanced conditions to issue type-approvals

+ more detailed provisions on Conformity of Production (Placeholder)

+ inclusion of criteria for technical services in Placeholder

Article 3: clarification of the principle of mutual recognition of type-approval certificates

Article 4: extended safeguard provisions, in particular with regard to approved vehicles which nevertheless may not comply with the requirements.



14


Article 10: how to solve diverging interpretation issues between CPs concerning the application of UN Regulations (details in Placeholder)

Article 11: consider appropriateness of maintaining the exclusion clause

Article 12: clarification of transitional provisions, in particular in view of

the possibility to issue type-approvals pursuant to earlier versions of UN Regulations

+ special procedure for new technologies

Article 13: flexible amendment procedure for the Placeholder




15



Appendix 1: possibility for CPs to vote by delegation

+ flexible amendment procedure for Placeholder

Placeholder: more detailed provisions on Conformity of Production

+ inclusion of criteria for technical services

+ how to apply for and how to conduct type-approval,

as well as how to amend type-approvals

+ procedures for resolving interpretation issues

+ special amendment procedures for new technologies

+ general conditions for virtual testing



16

Roadmap for the review of the 1958 Agreement Roadmap for the review of the 1958 Agreement


Amend agreementReport to WP.29Draft amending

proposals

Discuss and agree on the inventory

Report to WP.29

Submit to WP.29



17

Overview and issues of UN R0 discussionOverview and issues of UN R0 discussion

Sub-group “UN R0” of IWVTA Informal GroupSub-group “UN R0” of IWVTA Informal Group



18

Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33

Introduction

At present, various vehicle certification systems exist for different countries in the world. We aim to establish a truly global type approval system and realize mutual recognition of approval among many different nations.

Specifically, we aim to upgrade the current approval system under the 1958 Agreement, which covers “mutual recognition of approval of vehicle systems and parts”, to the “whole vehicle” level.

Mutual recognition of approval of vehicle systems and parts

Vehicle type approval required to be obtained from each country

Current System

Mutual recognition of approval at the whole vehicle level

Vehicle type approval not required to be obtained from each country

System in Our Goal

IntroductionIntroduction



19


IWVTA Informal Group and Sub-Group R0 are developing UN Regulation

No. 0 (UN R0) which seeks to establish an International Whole Vehicle

Type Approval (IWVTA) scheme within the framework of the revised 1958

Agreement.

The IWVTA scheme will be established in March 2016 and the first draft

of UNR0 will be submitted to WP29 in November 2013.

This presentation will introduce overview of the charactristics of UNR0 an

d three important issues being discussed in the Sub-Group R0.

Objective of this presentationObjective of this presentation



20


Under the revised 1958 agreement, UNR0 stipulates administrative procedure and technical requirements in it, by referring to existing UN Regulations. (Those UN Regulations are listed in an Annex of UN R0.)

Concept of having two processes in UNR0 is under consideration; Manufacturers obtain individual type approvals on systems and parts at process 1, and then type approvals on whole vehicles are granted at process 2.

R10

R12

R11

R13H

R10

R12

R11

R13H

... ...

Manufacturers obtain type approvals on systems and parts.

IWVTA

IWVTA is granted with type approvals on systems and parts.

Process 2Process 1

UNR0 also deals with this unique process.

Characteristics of UNR0Characteristics of UNR0



21


Under the revised 1958 agreement, Contracting Parties (CPs) applying

UN R0 have obligation to accept IWVTA.

Due to this characteristics of UNR0, the issue of what obligation the CPs

applying UNR0 should have regarding the respective UN Regulations list

ed in the Annex UNR0.

Sub-Group R0 has discussed two possible options about the obligation of

CPs applying UNR0.

Issue1: Obligation of Contracting Parties applying UNR0Issue1: Obligation of Contracting Parties applying UNR0



22


Option1: CPs applying UNR0 have to apply all UN Regulations listed in the Annex of UN

R0.

Option2: CPs applying UNR0 have to accept Universal IWVTA even if they are not

applying all UN Regulations listed in the Annex of UN R0. CPs applying UNR0 have to accept, for the purpose of issuing IWVTA, type

approvals issued by other Contracting parties according to the UN Regulations listed in the Annex of UN R0 even if they are not applying these UN Regulations.

This option might increase the number of CPs applying UNR0, but it is unclear whether this option is legally feasible or not .

This option is a secured approach, but the number of CPs applying UNR0 might be reduced because it sets strict conditions for CPs to apply UNR0.

Issue1: Obligation of Contracting Parties applying UNR0Issue1: Obligation of Contracting Parties applying UNR0



23


The revised 1958 Agreement has the provision that a CP applying a UN Regulation has right to issue type approvals, if it has technical competence to verify compliance with UN Regulations .

Sub-Group R0 has discussed whether a CP applying UNR0 also has right to issue IWVTA, if it has the technical competence. And the group has concluded to wait until the above mentioned issue of whether CPs applying UNR0 have to apply all UN Regulations listed in the Annex of UN R0 is solved at its next session in September.

Nevertheless, Sub-Group R0 agreed that the definition, for the discussion of the right of CPs applying UNR0, of sufficient technical competence is as follows. “Sufficient technical competence” means that a CP has the capability to verify the compliance of a whole vehicle type with UNR0, and the ability to confirm that, where appropriate, the systems and components are installed pursuant to the individual UN Regulations listed in the Annex of UN R0.

Issue2: Right of Contracting Parties applying UNR0Issue2: Right of Contracting Parties applying UNR0



24


Each GR owes the task to review the necessity of UN Regulations for the purpose

of whole vehicle type approval, and therefore the Sub-Group R0 is currently waitin

g to see the review results on UN Regulations applicable to IWVTA by each GR,

which progress will be reported shortly.

On the other hand, some countries may face difficulties to apply UN R0 because it

would include UN Regulations with “optional requirements” some of which are

necessary for only some CPs (Example: ESC in R13H). Sub-Group R0 generally

agreed that the splitting such optional requirements from the UN Regulation is

necessary.

Sub-Group R0 will consider whether or not and how to include such optional

requirements within the scope of IWVTA.

Issue3: Treatment of UN Regulations annexed to UNR0Issue3: Treatment of UN Regulations annexed to UNR0



25


In the next Sub-Group R0 meeting in this September, the Sub-Group R0 will try to

make decisions as the Sub-Group to the three important issues noted earlier.

Taking those decisions into consideration, the first draft of UNR0 will be submitted

to WP29 at its November session.

Since the decisions to be made in the September Sub-Group R0 meeting could ha

ve huge consequences on each CPs from legal point of views, contributions to an

d participation in the next Sub-Group R0 meeting would be most welcomed.

TimelineTimeline



26

The IWVTA Informal Group meeting will be held in September 11th to 13th in Paris. The Informal Group intends to finalize the Draft Revision 3 of the 1958 Agreement and a

first proposal on UN Regulation 0 for consideration by WP29 at the November 2013 session.

Main Topics for the 1958 AgreementMain Topics for the 1958 Agreement• Level of ambition with respect to the “substantial and editorial” amendments to the

Agreement• The legal status of the so-called placeholder specifying the administrative and

procedural provisions applicable to all UN Regulations annexed to the 1958 Agreement. Main Topics for the UN R0Main Topics for the UN R0

• Principles of mutual recognition of IWVTAs granted by CPs applying the future UN Regulation No.0

1. Main items for discussion regarding principles of mutual recognition of IWVTAs granted by CPs applying the future UN Regulation No.0 include obligations and rights of CPs.

2. Regarding obligations of CPs, SG will discuss whether a CP applying UNR0 has to apply all the UN Regulations listed in UNR0 (meaning all the UN Regulations necessary for IWVTA).

3. Regarding rights of CPs, SG will discuss whether CPs have right to issue IWVTA if such CPs are not applying all UN Regulations listed in UNR0.

• Deliberation on “optional requirements” and the level of the need for a “flexible scheme of IWVTA”

The 160The 160thth WP29 Meeting (June 25 – 28 in Geneva) WP29 Meeting (June 25 – 28 in Geneva)



27

Thank you Thank you for your attention.for your attention.

Web for WP29 meeting: http://www.unece.org/trans/main/welcwp29.htmlContact address : [email protected]

thirty eight apec transportation working group meeting, bali , indonesia 1 – 5 july 2013

Documents

iwvta informal group

apec transportation

wp29 meeting

oshita jasictime of

gauvin wp

drafting proposals

session of wp29

development of roadmap