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Thirty Eight APEC Transportation Working Group Meeting, Bali , Indonesia 1 – 5 July 2013

Thirty Eight APEC Transportation Working Group Meeting, Bali , Indonesia 1 – 5 July 2013. Thirty Eight APEC Transportation Working Group Meeting, Bali , Indonesia 1 – 5 July 2013. Activities for IWVTA in the WP29 Meeting and It’s Informal Group Meeting (Agenda Item 5.2)

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Thirty Eight APEC Transportation Working Group Meeting, Bali , Indonesia 1 – 5 July 2013

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  1. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Activities for IWVTAin the WP29 Meeting andIt’s Informal Group Meeting (Agenda Item 5.2) July 2nd & 3rd, 2013 Takashi HIRAI Chief Representative, JASIC Jakarta Office JAPAN

  2. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 UN/ECE/WP.29 IWVTA Informal Group 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)

  3. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Organization of subgroup IWVTA informal Group Sub-group on the amendment of the 1958 Agreement Chairman: Mr. Renders (EU) Secretary: Mr. Oshita (JASIC) Object: This group is to assist the IWVTA informal group in prepare a draft text for the revision of the 1958 Agreement. Sub-group on the new regulation No.0 Chairman: Mr. Onoda and Mr. Matsuo (JAPAN/MLIT) Secretary: Mr. Oshita (JASIC) Object: This group is to assist the IWVTA informal group in preparing a draft text for UN R0 3

  4. 2013 2014 2011 2012 2015 2016 6 3 6 11 6 9 11 11 1.IWVTA IWVTA-IG is to prepare candidates for items for IWVTA. Candidates for items for IWVTA Amend existing regulations and/or make new regulations Based on the item list, each GR examines UN Regulations (to be created or amended as necessary). IWVTA concept (includingUN R0 at WP.29) Making draft UN R0 Discuss the draft UN R0 at WP.29 Amend IWVTA-related agreements (if necessary) Amend agreements? 2.Amend the 1958 Agreement Discuss and agree on the inventory Report to WP.29 Application, grant, modification, withdrawal of approval; new technologies, COP, safeguard, etc. Report to WP.29 To be continue to Discuss at WP.29 Draft proposal Submit Final draft Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Roadmap of the revising the 1958 Agreement and establishing IWVTA The Roadmap of the revising 1958 agreement and establishing IWVTA was approved by 155 session of WP29 in November 2011. • 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. • The target completion date for the work of the IWVTA Informal Group shall be March 2016. 4

  5. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 The 13rd IWVTA Informal Group 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. Agenda of 58 agreement • Consolidated drafting proposals for the revised 1958 Agreement • Review of outstanding issues with regard to the drafting proposals for the Articles of the 1958 Agreement and Appendices • Action items + Preparation of reporting to the 13th IWVTA Informal Group meeting Agenda of UN R0 • Consideration of flexible IWVTA scheme • Clarification regarding transitional process for IWVTA • Drafting Proposals for the development of UN R0 for the use of DETA • Status of supplements within the 1958 Agreement, type approval numbering and markings • Action items + Preparations of reporting to the 13th IWVTA Informal Group meeting 5

  6. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Review of the 1958 Agreement 6

  7. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Review of the 1958 Agreement • 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) 7

  8. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposals to review the 1958 Agreement (WP.29-155-27) WP.29 in November 2011: • 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. 8

  9. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to make 1958 Agreement more attractive: What will be maintained? • Countrieswhich are using self-certification in their national legislation, are not prevented from becoming Contracting Party to the 1958 Agreementand to apply its UN Regulations • Application of UN Regulations nationally is not related to the existence of a type approval system domestically. • Therights 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 9

  10. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to make 1958 Agreement more attractive: What will be new? • 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 10

  11. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to make 1958 Agreement more attractive: What will be confirmed/clarified? • 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) 11

  12. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to improve the functioning and reliability of 1958 Agreement The possibility of merging the new placeholder in the existing Appendix 2 or otherwise is currently considered 12

  13. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to improve the functioning and reliability of 1958 Agreement • 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. 13

  14. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to improve the functioning and reliability of 1958 Agreement • 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: flexibleamendment procedure for the Placeholder 14

  15. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Proposed actions to improve the functioning and reliability of 1958 Agreement • 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 15

  16. Discuss and agree on the inventory Submit to WP.29 Draft amending proposals Report to WP.29 Report to WP.29 Amend agreement Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by IWVTA Informal Group: Informal Document No.WP.29-160-27 Roadmap for the review of the 1958 Agreement 16

  17. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Overview and issues of UN R0 discussion Sub-group “UN R0” of IWVTA Informal Group 17

  18. Current System System in Our Goal Mutual recognition of approval of vehicle systems and parts Mutual recognition of approval at the whole vehicle level Vehicle type approval not required to be obtained from each country Vehicle type approval required to be obtained from each country Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 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. Introduction 18

  19. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Objective of this presentation • 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 therevised1958 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 and three important issues being discussed in the Sub-Group R0. 19

  20. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Characteristics of UNR0 • 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. Process 1 Process 2 IWVTA R10 R11 R10 R11 R12 R13H R12 R13H ... ... Manufacturers obtain type approvals on systems and parts. IWVTA is granted with type approvals on systems and parts. 20 UNR0 also deals with this unique process.

  21. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Issue1: Obligation of Contracting Parties applying UNR0 • 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 CPsapplying UNR0 should have regarding the respective UN Regulations listed in the Annex UNR0. • Sub-Group R0 has discussed two possible options about the obligation of CPs applying UNR0. 21

  22. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Issue1: Obligation of Contracting Parties applying UNR0 • Option1: • CPs applying UNR0 have to apply all UN Regulations listed in the Annex of UN R0. 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. • 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 . 22

  23. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Issue2: Right of Contracting Parties applying UNR0 • The revised 1958 Agreement has the provision that a CP applying a UN Regulationhas 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. 23

  24. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Issue3: Treatment of UN Regulations annexed to UNR0 • 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 waiting 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. 24

  25. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Transmitted by the Chairman of IWVTA Sub-group “UN R0”: Informal Document No.WP.29-160-33 Timeline • 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 have huge consequences on each CPs from legal point of views, contributions to and participation in the next Sub-Group R0 meeting would be most welcomed. 25

  26. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 The 160th WP29 Meeting (June 25 – 28 in Geneva) • 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 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 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” 26

  27. Thirty Eight APEC Transportation Working Group Meeting, Bali, Indonesia 1 – 5 July 2013 Thank you for your attention. Web for WP29 meeting: http://www.unece.org/trans/main/welcwp29.html Contact address : jasic@jasic.org 27

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