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Title: Korea Position on Draft Revised 1958 Agreement for IWVTA

Title: Korea Position on Draft Revised 1958 Agreement for IWVTA Presenter’s Name: Seongkyun Cho Economy: Republic of KOREA. 1. Difference between Type approval and self certification. 2. Changes between the old version and the draft of the agreement.

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Title: Korea Position on Draft Revised 1958 Agreement for IWVTA

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  1. Title: Korea Position on Draft Revised 1958 Agreement for IWVTA Presenter’s Name: Seongkyun Cho Economy: Republic of KOREA

  2. 1. Difference between Type approval and self certification

  3. 2. Changes between the old version and the draft of the agreement

  4. 2. Changes between the old version and the draft of the agreement

  5. 2. Changes between the old version and the draft of the agreement

  6. 3. Korea Position having been submitted on the draft Draft revised 1958 Agreement submitted to WP29 in March 2013 “Applying a UN Regulation ” Article 1.1. The term "applying a UN Regulation" indicates that a UN Regulation enters into force for a Contracting Party. When doing so, Contracting Parties have the possibility to keep their own national/regional legislation. If they wish, they may substitute their national /regional legislation by the requirements of the UN Regulations they are applying, but they are not bound by the Agreement to do so. However, Contracting Parties have to accept as an alternative to the relevant part of their national/regional legislation UN type approvals pursuant to the latest version of UN Regulations they are applying. The rights and obligations of Contracting Parties applying a UN Regulation are detailed in the various Articles of this Agreement -> Although1958 Agreement is based on the principle of mutual recognition of Type approvals, Article 1.1 must be clarified to apply UN regulations for certain contracting party which is not operating Type approval system -> Draft revised 1958 Agreement have to ensure flexibility of use of UN Regulations

  7. 3. Korea’s Position having been submitted on the draft Korea Position : Proposed to insert self-certification system and to allow applying the relevant part of UN regulation in revised 1958 Agreement Article 1.1. ~ Contracting Parties have to accept as an alternative to the relevant part of their national/ regional legislation UN type approvals pursuant to the latest version of the corresponding part of UN regulation they are applying as appropriate. In that case, the Contracting party may notify the corresponding part of the UN regulation to other Contracting Parties. - Korea can apply only technical requirements with the exception of other administrative procedures including COP - So, Korea submitted this proposal to IWVTA informal meeting and discussed this issue at WP29 March session in 2013 Results: Need to more consideration with EU, Japan, WP29 secretary and all contracting parties until next WP29 June session

  8. 3. Korea Position on Draft revised 1958 Agreement “Granting Type approval” Korean Proposal : insert this wording Article 3 Contracting Parties applying UN Regulations [through type approval] shall, by mutual recognition, accept for the placing on their markets, and subject to the provisions of Articles 1 & 12, type approvals granted pursuant to these UN Regulations, without requiring any further testing, documentation, certification and marking related to these type approvals Korea proposed this proposal to IWVTA informal Group meeting and discussed this issue at WP29 March session in 2013 ->Article 3 of draft revised 1958 Agreement is possible only among Contracting Parties operating type approval ->In case of Korea, It is very difficult to recognize type approval by mutual recognition because Korea has operated self-certification system and has not issued any type approval of each UN regulation

  9. 3. Korea Position on Draft revised 1958 Agreement • > So, ‘through type approval’ is necessary for clarification. • The paragraph without the clarification is contradictory to article 1.1 • acknowledging Contracting parties with national/regional legislation • other than type approval Results: Need to do more consideration with EU, Japan, WP29 secretary and all contracting parties until next WP29 June session

  10. 4. Future direction There can be various alternatives for Korea to maintain self certification in the frame of 1958 agreement depending on the situations Depending on how much contracting parties respect the heterogeneous systems of the other members

  11. Thank you very much ! ! - 11 -

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