Transmitted by Technical Secretary Document No.IWVTA-SG58-06-01 Major results and Action items made at the 5th Sub-group “1958 Agreement” meeting Agenda item Major results and Action items 3. Consolidated drafting proposal for For guidance by IWVTA IG 1: The feasibility of proxy voting should be the revised 1958 checked from the legal point of view. (SG58-05-04-Rev.1:Japan) Agreement 3-a: Appendix 1 3-b-i: Chapter 1 “COP procedure” Agreement 1: Sub-group agreed to use the word “may” in paragraph 1.3.3 as follows 1.3.3. The approval authority may also accept the manufacturer's certification to the international standard ISO 9001:[2008] (the scope of this certification has to cover the product(s) to be approved) or an equivalent accreditation standard as satisfying the initial assessment requirements of paragraph 1.1.------- Action item 1: Sub-group should decide which wording to illustrate the initial assessment of whole vehicle COP is more appropriate. (SG58-05-04-Rev.1:Japan) 1.4 For the purpose of UN whole vehicle type-approval, the initial assessments carried out for granting UN approvals for equipment and parts of the vehicle need not be repeated but shall be completed by an assessment covering [the locations and activities relating to the assembly of the whole vehicle not covered by the former assessments][the areas not covered by the former assessments, in particular in relation to the assembly of the whole vehicle.] Agreement 2: Sub-group agreed that it is not necessary to amend paragraph 3.4 which refers to the correct paragraph 3.2. (SG58-05-04-Rev.1:Japan) 3-b-ii: Chapter 2 Action item 2: The Sub-group Chairman will check which parts of Chapter 2 have “TechnicalService ” been amended from the original wording of “The guidance document WP.29/1059”. Agreement 3: The Sub-group agreed to update the number of ISO/IEC in paragraphs 1.2 and 2.2 of Annex 1 to Chapter 2 to be “ISO/IEC 17020:2012”. 3-b-iii: Chapter 3 Action item 3: The Netherlands agreed to come up with a document “Step-wise “Procedures for UN approach to introduce a new type approval numbering system” taking the influence of the new system on industry into consideration. (SGR0-04-04-Rev.1: the Type Approval” Netherlands) Agreement 4: The Sub-group agreed to amend the paragraphs 1.9 and 1.10 as follows; (SG58-05-03; the Russian Federation, SGR0-04-04-Rev.1: the Netherlands) 1.9. Contracting Parties shall issue type approvals only where compliance with conformity of production requirements of section 1 of Chapter 1 is ensured. 1.10. When the approval tests have demonstrated that the type complies with the technical requirements of the Regulation, an approval of that type shall be granted and an approval mark shall be assigned to each type in accordance with the specific provisions of the Regulation concerned. Agreement 5: The Sub-group agreed to change the wording “information document” to “information document and test reports” in paragraph 2.5. (SG58-05-04-Rev.1:Japan) Agreement 6: The Sub-group agreed that it is not necessary to change paragraph 2.7. (SG58-05-04-Rev.1:Japan) Action item 4: All members of the Sub-group will be invited to consider the need to amend (c) of paragraph 2.6 in order to avoid any misunderstanding by the 6th Sub-group meeting. Until that time, square brackets will be kept. (SG58-05-06; UNECE TD) Agreement 7: The Sub-group agreed to amend paragraph 2.8 as follows with square brackets on “in accordance with Annex 1 to this Chapter”. (SGR0-04-04-Rev.1: the Netherlands) 2.8. The Type Approval Authority granting the extension of approval shall update the approval number with an extension number incremented in accordance with the number of successive extensions already granted [in accordance with Annex 1 to this Chapter] and issue a revised communication form denoted by this extension number. Action item 5: CLEPA made a reservation on Section 2 “Amendment to UN Type Approval”. CLEPA will make clear-cut position on Section 2 by the 6th Sub-group meeting. Agreement 8: The Sub-group agreed to keep square brackets on Annex 2 to Chapter 3 “Exchange of Approval Documentation”. (The Subgroup is waiting further feedback from DETA Informal Group.) (SG58-04-05-Rev.1: the Netherlands) 3-b-v: Chapter 5 “New Technologies” Action item 6: The current proposal of Chapter 5 cannot get support by CPs because it may not fit to CP’s domestic regulatory system and may restrict CP’s right to take appropriate measures. Besides, the fast track procedure (exemption approval can be authorized only by the attendance of the WP.29 session.) may not be allowed by WP.29. OICA will lead a correspondence group and re-consider the proposal of Chapter 5 by the 6th Sub-group meeting. Japan showed its intention to participate in the correspondence group. 3-b-vi: Chapter 6 Agreement 9: The Sub-group agreed to amend paragraph 2.1 as follows; “Virtual Testing (SG58-05-04-Rev.1:Japan) Methods” 2.1. Mathematical model The mathematical model shall be supplied by the manufacturer. It shall reflect the complexity of the structure of the wheeled vehicles, equipment and parts to be tested in relation to the requirements of the UN Regulations concerned and its boundary conditions. ---- Agreement 10: The Sub-group agreed to amend paragraph 2.2 as follows; 2.2. Validation process of the mathematical model The mathematical model shall be validated in comparison with the actual test conditions. To that effect physical testing shall be conducted as appropriate for the purposes of comparing the results obtained when using the mathematical model with the results of a physical test.----- Agreement 11: The Sub-group agreed to amend paragraph 3 as follows; (SG58-05-04-Rev.1:Japan) 3. Tools and support At the request of the approval authority or the technical service, the manufacturer shall supply or provide access to the necessary tools including appropriate software. In addition the manufacturer shall provide appropriate support to the approval authority or the technical service. ------- Transmitted by Technical Secretary 4. Review ofoutstanding issues with regard to the drafting proposals for the Articles of the 1958 Agreement Preamble Document No.IWVTA-SG58-06-01 Agreement 12: The Sub-group agreed that there are two options to amend Preamble. Option 1: Keep the current paragraphs 1 to 4 as they are. (No amendments) Option 2: Amend the 2nd paragraph to stipulate the desire to reduce technical barriers and also the importance of safety and environmental protection performance as follows; (SG58-05-04-Rev.1:Japan) [DESIRING to reduce technical barriers to international trade by defining harmonized technical UN Regulations that it will suffice for certain wheeled vehicles, equipment and parts to fulfill in order to be used in their countries or regions, RECOGNIZING the importance of safety, environmental protection, energy efficiency and anti-theft performance of wheeled vehicles, equipment and parts, which can be fitted and/or be used on wheeled vehicles for the development of regulations that are technically and economically feasible and adapted to the technical progress,] Agreement 13: The Sub-group agreed to add the new paragraphs concerning the establishment of IWVTA, and function and reliability improvement of the revision of the 1958 Agreement as follows; (SG58-05-07, Sub-group Chairman) DESIRING to establish an International Whole Vehicle Type Approval scheme (IWVTA) within the framework of the Agreement to increase the advantages of individual UN Regulations annexed to the Agreement and so create opportunities to simplify implementation by Contracting Parties and the wider adoption of mutual recognition of type approvals for whole vehicles, DESIRING to increase the number of Contracting Parties to the Agreement, by improving its functioning and reliability, and thus ensure that it remains the key international framework for the harmonization of technical regulations in the automotive sector. Article 1.1 Agreement 14: The Sub-group agreed that paragraph 1.1.(e) is about the date(s) of “entry into force” of the new UN Regulation, and not about the transitional provisions. (SG58-05-06, UNECE TD) Agreement 15: The Sub-group agreed on the IWVTA special treatment as follows; (SG58-05-04-Rev.1:Japan) Note: Square brackets are attached to the 2nd paragraph until the conditions to apply UN R0 will be made clear. In addition to the above mentioned UN Regulations, this revised 1958 Agreement provides for establishing a UN Regulation to introduce a system of Whole Vehicle Type Approval. This UN Regulation shall set the scope, administrative procedures, and technical requirements that can include different levels of stringency in one version of the said UN Regulation. [Notwithstanding other provisions of Article 1 and Article 12.4, a Contracting Party applying the said UN Regulation shall be obliged to accept only those type approvals pursuant to the highest level of stringency of the latest version of the said Regulation.] Agreement 16: The Sub-group agreed on the definition “whole vehicle type approval” as follows; (SG58-05-03, the Russian Federation) The term “whole vehicle type approval” indicates that type approvals granted pursuant to applicable UN Regulations for the systems, components and parts of a vehicle are integrated into an approval of the whole vehicle according to the provisions of the administrative system Whole Vehicle Type Approval. Agreement 17: The Sub-group agreed on the definition “version of a UN Regulation” as follows; The term "version of a UN Regulation" indicates that a UN Regulation, following its adoption and establishment, may subsequently be amended following the procedures described in this Agreement, in particular Article 12. The unamended UN Regulation as well as any subsequent amendment(s) to the UN Regulation are considered as separate versions of that UN Regulation. Article 1.2 For guidance by IWVTA IG 2: The Sub-group agreed to keep square brackets on the disagreement notification period of [six] months and expedited procedure in case of urgent need to address safety or environmental problems. (SG58-05-04-Rev.1:Japan, SG58-05-06, UNECE TD) Article 1.5 Agreement19: The Sub-group agreed to remove square brackets on the phrase “unless this Contracting Party notifies its disagreement with the adopted UN Regulation within a period of six months after its adoption of its instrument of accession.” Article 2 Action item 7: The Sub-group agreed to keep the square brackets in Article 2.3. awaiting further proposals from the NY on the gradual implementation of the proposed type-approval numbering system and subject to decision by WP.29 on DETA (SG58-04-05-rev.1, the Netherlands) Article 4 Action item 8: The Sub-group considered further amendments to the joint drafting proposals by Japan and Germany to amend Article 4 as follows with square brackets on [six months] to reflect the reservation made by Japan on this timing. (SG58-05-05, Japan) For further consideration at next Sub-group meeting (also in view of guidance from IWVTA/WP.29 on whether or not recalls should be addressed) [Should the approval authorities of a Contracting Party applying a Regulation find that certain wheeled vehicles, equipment or parts bearing approval markings issued under the said Regulation by one of the Contracting Parties, do not conform to the approved types or the requirements of the said Regulation, they shall advise the approval authorities of the Contracting Party which issued the approval. That Contracting Party shall take the necessary steps to bring the products of those manufacturers into conformity with the approved types or the requirements of the said regulation and shall advise the other Contracting Parties applying the Regulation of the steps it has taken, which may include, if necessary, the withdrawal of approval. Where there might be a threat to road safety or to the environment, the Contracting Party which issued the approval and after receiving the information about the non-conformity to the approved type(s) or the requirements of the said regulation shall inform thereof all other Contracting Parties about the situation. In either case mentioned above the Contracting Party which has been advised about the non-conformity of a product has to provide appropriate information on the necessary steps that have been taken to bring the products into conformity with the approved types within a period of [six months] after receiving the written information about non-conformity. After advising the Contracting Party which issued the approval or being informed about the situation, notwithstanding of the provisions of Article3, Contracting Parties may prohibit the sale and use of such wheeled vehicles, equipment or parts in their territory until this threat is eliminated. For any dispute between the Contracting Parties, the procedure given in Article 10.4 applies.] Action item 9: Japan will check whether or not the period of [six months] is enough to provide appropriate information on the necessary steps to bring the products into conformity by the next Sub-group meeting. Transmitted by Technical Secretary Article 5 Document No.IWVTA-SG58-06-01 Action item 10: The Sub-group agreed to keep the square brackets in Article 5. awaiting further proposals from the NL on the gradual implementation of the proposed type-approval numbering system and subject to decision by WP.29 on DETA (SG58-04-05-rev.1, the Netherlands) Article 11 Action item 11: Square brackets were put in Article 11.1 as follows. UK has a concern that UK Government may oppose to the different opt-out treatments between Article 10.1 to 10.3 and Article 10.4. 1. [Any Contracting Party as referred to in Article 6] may, at the time of acceding to this Agreement, declare that it does not consider itself bound by [paragraphs 1 to 3 of] Article 10, of the Agreement. Other Contracting Parties shall not be bound by [paragraphs 1 to 3 of] Article 10 in respect of any Contracting Party which has entered such a reservation. Article 12 For guidance by IWVTA IG 3: Square brackets were put on “[three] months” for the disagreement notification period and “more than [one-third]” for the threshold of majority voting in article 12.2. (SG58-05-04-Rev.1, Japan, SG58-05-06, UNECE TD) Action item 12: The Sub-group agreed to maintain square brackets on OICA’s proposal to amend Article 12.6 as follows; (SG58-04-08-Rev.1, OICA) 6. [A Contracting Party applying a UN Regulation may grant exemption approval pursuant to a UN Regulation to cover a single type of vehicle, equipment or part which is based on a new technology, and when this new technology: is not taken into account by the existing UN Regulation, and is incompatible with one or more requirements of this UN Regulation. In such a case, the procedures set out in Chapter 5 of Appendix 2 shall apply.] Article 13 Agreement 25: The Sub-group agreed to amend the last sentence of Article 13.4 as follows; The amendment shall enter into force for all Contracting Parties if no Contracting Party expresses an objection within a period of six months following the date of circulation of the proposed amendment by the Secretary-General. Next meeting The 6th Sub-group “1958 Agreement” meeting will be held at OICA in Paris on June 20 (Thursday), 2013. All documents to be used at the meeting should be sent to Technical Secretary by June 5 (Wednesday).