the 47th asia expert meeting on un regulations related to; the 1958 … · 2017. 3. 2. · the 47th...

The 47th Asia Expert Meeting on UN Regulations Related to;

The 1958 Agreement

Date : February 6th, 2017 (Monday) Place : Department of Transport. Lao-PDR

Registration

13:00 -13:10 (10) Opening Address: from Lao-PDR

13:10 –13:15 (5) Message: from JASIC

13:15 - 14:15 (60) Rights and Duties of 1958 Agreement

- Basic Outline of the 1958 Agreement (30)

- Rights and Duties of 1958 Agreement (20)

: from Mr. Ryuzo OSHITA

Q & A & Discussion (10)

14:15 – 14:55 (40) Process of acceding to the 1958 agreement (30)

: from Mr. Takeshi KORENORI


14:55 – 15:10 (15) Break

15:10 - 15:40 (30) Benefit of acceding to the 1958 Agreement (20)

: from Mr. Takeshi KORENORI


15:40 - 16:10 (30) General Q & A

16:10 - 16:20 (10) Closing address: from Lao-PDR

Ryuzo Oshita

JASIC

JAPAN AUTOMOBILE STANDARDS INTERNATIONALIZATION CENTERhttp://www.jasic.org

Outline of

the 1958 Agreement Rev.3

1

February 8, 2017

Expert Meeting

The official title of the Agreement

“Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted and/or Be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals granted on the Basis of These Prescriptions”

in short, “the 1958 Agreement”2

Contents1. History

2. Contracting Parties to the 1958 Agreement

3. Structure of the 1958 Agreement

4. Principal elements of the 1958 Agreement

4-1. UN Regulations

4-2. UN Type Approvals

4-3. Conformity of Production

5. Useful information

3

1. HistoryIn 1953 Establishment of UN/ECE/WP.29In 1958 The 1958 Agreement was concluded

In 1959 The 1958 Agreement entered into forceIn 1987 JASIC was established

In 1990-1994 Discussion of revision of the 1958 Agreement to make it more global

In 1995 The revised 1958 Agreement (Rev.2) entered into force

- only the ECE member statesto become Contracting Party

- unanimous vote

Since 1977 Japan started participating in WP.29 regularly as observer

- all the UN member states canbecome Contracting Party - majority vote of 2/3

In 1998 Japan acceded to the revised 1958 Agreement

(as the first non-ECE Contracting Party)In 2000 WP.29 was renamed as

“The World Forum for Harmonization of Vehicle Regulations”

4

In June 2016 The 1958 Agreement Rev.3 was agreed at WP.29

In Sep. 2017 The Revision 3 of the 1958 Agreement enters into force

In 2010-2016 Discussion of IWVTA(Revision 3 of the 1958 Agreement and UN Reg.0)

- Establishment of IWVTA system- majority vote of 4/5, etc.

In Nov. 2017 UN Reg.0 to be agreed at WP.29 (enters into force in Nov.2018)

http://www.unece.org/trans/maps/un-transport-agreements-and-conventions-18.html5

As of Nov. 201654 Contracting Partiesincluding Non-European countries below:

Japan, Australia, South Africa, New Zealand, Republic of Korea, Malaysia,Thailand, Tunisia, Kazakhstan, Egypt(in order of accession)

2. Contracting Parties to the 1958 Agreement

6

3. Structure of the 1958 Agreement

(a) Wheeled vehicles, equipment or parts concerned;(b) Technical requirements, which shall be performance

oriented wherever appropriate and not design-restrictive;(c) Test methods by which any performance

requirements are to be demonstrated;(d) Conditions for granting type approval and their

reciprocal recognition including any approval markingsand conditions for ensuring conformity of production.

(e) The date(s) on which the Regulation enters into force.(f) An information document

The UN Regulation shall cover the following(Article 1 para.2):

4. Principal elements of 1958 Agreement

7

4-1. UN Regulations

Voting procedure (Appendix 1, Article5)-A quorum : not less than half of the Contracting Parties-Each Contracting Party shall have one vote (EU has 28 votes.)-The New Draft Regulation is established by a four-fifths majority ofthose present and voting

Adoption procedure (Article1, para.2, 3 and 4)- The established UN Regulation shall be communicated to the Secretary-General of the United Nations.

-The Secretary General shall give notification of this UN Regulation to the Contracting Parties.-The UN Regulation will be adopted unless, within a period of six months, more than one-fifth of the Contracting Parties have informed the Secretary General of their disagreement with the UN Regulation - The Secretary General shall notify the Contracting Parties of the

adopted UN Regulation

The procedure to establish a new UN Regulation

8

4. Principal elements of 1958 Agreement4-1. UN Regulations

Voting procedure (Appendix 1, Article 6)

-A quorum: not less than half of the Contracting Parties applying the UN Regulation-Each Contracting Party applying the UN Regulation shall have one vote (EU has 28 votes)

-Draft Amendments to the UN Regulation is established by a four-fifths majority of those present and voting

Adoption procedure (Article 12, para.1)

-The amendment to the UN Regulation shall be communicated to the Executive Secretary of UNECE. The Executive Secretary of UNECE shall give notification of this amendment to the Contracting Parties applying the UN Regulation and Secretary-General of the United Nations.

-The amended UN Regulation will be adopted unless, within a period of six months, more than one-fifth of the Contracting Parties applying the UN Regulation have informed the Secretary-General of their disagreement with the amendment. - The Secretary General shall declare the amendment as adopted

The procedure to amend the existing UN Regulation

9


Time frame to develop a new UN Regulation or to amend the existing UN Regulation

10


event Type of a document Note

Submission of draft proposal to the 110th

GRSG in April, 2016

Informal documentGRSG-110-xx

Informal document can be submitted by any member

6 months

Submission of final proposal to the 111th

GRSG in October, 2016

Working documentECE/TRANS/WP.29/GRSG/2016/yy

Final proposal must be sponsored by a Contracting Party

5 months

Submission of finalproposal to the 171th WP.29 in March, 2017 for adoption

Working documentECE/TRANS/WP.29/2016/zz

To be adopted by four-fifths majority vote

Example of GRSG (Subsidiary Working Party considering general safety)

- The term "applying a UN Regulation" means that a UN Regulation enters into force for a Contracting Party.

- Contracting Parties may keep their own national/regional legislation.

- However, Contracting Parties shall accept, as an alternative to the relevant part of their national/regional legislation, UN type approvals granted pursuant to the UN Regulations applied in their country/region.

- 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.

The application of the UN Regulations (Article 1)

11


• There are 3 possibilities to officially apply a UN Regulation:

• (a) For the adoption procedure, a new UN Regulation will be considered as adopted unless, within a period of six months from its notification by the Secretary-General, more than one-fifth of the Contracting Parties have informed the Secretary-General of their disagreement with the UN Regulation. The adopted UN Regulation shall enter into force on the date specified therein for all Contracting Parties which did not notify their disagreement.

• (b) Following the entry into force of a UN Regulation, any Contracting Party not applying the UN Regulation may, at any time, notify the Secretary-General that it intends henceforth to apply it and the UN Regulation will then enter into force for this Contacting Party on the sixtieth day after this notification.

• (c) During the accession of any new Contracting Party as referred to in Article 6 of the 1958 Agreement the Contracting Party may, at the time of acceding to this Agreement, declare that it intends to apply (or not) certain UN Regulations.

The procedure to apply a UN Regulations

12


13


4-2. UN Type Approvals (Article 1, Schedule 3)

1. A manufacturer submits an application for UN type approval to the approval authority of a Contracting Party.

2. The approval authority verify the compliance of a type of vehicle, equipment or part with the requirements of the given UN Regulation by means of appropriate tests performed on the vehicle, equipment or part which are representative of the type to be approved.

3. The approval authority declares that a type of vehicle, equipment or part submitted by a manufacturer conforms to the requirements of the given UN Regulation

4. The manufacture certifies that each vehicle, equipment or part put on the market were produced to be identical with the approved type. (COP: Conformity of Production)

14


4-2. UN Type Approvals (Article 3)

◆ Mutual recognition of UN type approvals

1. Wheeled vehicles, equipment or parts for which type approvals have been issued by a Contracting Party in accordance with Article 2 of this Agreement, shall be held to be in conformity with the relevant part of the national legislation of all the Contracting Parties applying the said UN Regulation.

2. Contracting Parties applying UN Regulations shall, by mutual recognition, accept for the placement in their markets, and subject to the provisions of Articles 1, 8 and 12 as well as any special provisions within these UN Regulations, type approvals granted pursuant to these UN Regulations, without requiring any further testing, documentation, certification or marking concerning these type approvals.

4-3. Conformity of Production (COP); Schedule 1

◆ Initial Assessment <before granting type approval>

3. Manufacturer1. Approval Authority granting UN type approval

ISO9002 or relevant accreditation

Verify the existence of satisfactory arrangements and procedures for ensuring effective control so

that vehicles, equipment or parts when in production conform to the approved type

2. An approval authority of another Contracting Party applying the UN Regulation

15


Submit certification to ISO 9001;2008

Manufacturer (holder of the approval)

InspectorApproval Authority granting

the UN type approval

Make available records of tests and checks and production records to the inspector

Make available records of tests and checks and production records to the inspector

A minimum frequency of verifications : once every three years

16

4-3. Conformity of Production (COP) ; Schedule 1


◆ Continued verification arrangement <after granting type approval>

Useful information

http://www.unece.org/trans/main/welcwp29.html

CLICK

WP29 & GR meeting Agendas, reports, draft regulations, etc.

The text of 1958 Agreement, UN Regulations, etc.

17

Useful informationPublication:

“World Forum for Harmonization of Vehicle Regulations (WP.29) HOW IT WORKS HOW TO JOIN IT (third edition)”

includes:

- the whole text of the 1958 Agreement

-Terms of Reference and Rules of Procedure of WP.29

- Chart of Organization of WP.29

- Flow chart of rulemaking under WP.29

- Other Agreements under WP.29 etc.

http://www.unece.org/trans/main/welcwp29.html18

Thank you for your attention

19

Ryuzo Oshita

JASIC


The Rights and Obligations of

Contracting Partiesto the 1958 Agreement Rev.3

1

February 6, 2017

The Rights and Obligationsof the Contracting Parties to the 1958 Agreement

The 1958 Agreement

Rights Obligations

Type approval

Obligations Rights

Regulation making

2

Participate in WP.29 and its Subsidiary Working Parties (GRs) to be involved in the development of new UN Regulations and the amendment of the existing UN Regulations

* Propose new UN Regulations* Propose amendments to the existing UN Regulations * vote on the proposed new UN Regulations and the

amendment of the existing UN Regulations


Rule making: Rights : development of UN Regulations

3

Any Contracting Parties can keep their own national legislation even if they apply UN Regulations. (Article 1.1)The adopted UN Regulation shall enter into force for all Contracting Parties which have not notified either their disagreement, or their intention not to apply it on that date (Article 1.4)When acceding to the 1958 Agreement, any new Contracting Party may declare that it will not apply certain UN Regulation UN Regulations or that it will not apply any of them. (Article 1.5) Any Contracting Party may at any time notify the Secretary General that it intends to apply any UN Regulations and the UN Regulations will then enter into force for this Contracting Party on the sixtieth day after this notification. (Article 1.7)Any Contracting Party applying a UN Regulation may at any time notify the Secretary‐General, subject to one year's notice, about its intention to cease applying that UN Regulation. (Article 1.6)


Rule making: Rights : Application of UN Regulations

4

Type approval : Rights

Contracting Parties with technical competence may grant type approvals and approval markings (Article 2.1)Contracting Parties may prohibit the sale and use of vehicles, equipment or parts bearing approval markings, yet do not conform to the approved types or the requirements of the said UN Regulation, in their territory until the non‐conformity is rectified. (Article 4.2)A Contracting Party applying a UN Regulation may grant an exemption approval pursuant to a UN Regulation for a single type of wheeled vehicle, equipment or part which is based on a new technology, when this new technology is not covered 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 Schedule 7 (Exemption approvals concerning new technologies) shall apply. (Article 12.6)


Other : Rights

Any Contracting Party may denounce this Agreement by notifying the Secretary‐General. (Article 8.1)Any Contracting Party may propose one or more amendments to this Agreement and its Appendix. (Article 13.1)


6

Each Contracting Party which grants type approval shall take the necessary measures as set out in Schedule 1 (Conformity of production) to verify that adequate arrangements have been made to ensure that wheeled vehicles, equipment and parts are manufactured in Conformity with an approved type.(Article 2.1)

Type approval : Obligations


7

Note: Obligation to audit COP is only for Contracting Parties granting UN type approvals. Contracting Parties accepting UN type approvals have no such obligations.

Each Contracting Party issuing type approvals pursuant to a UN Regulation shall specify an approval authority for the UN Regulation. This approval authority may designate technical services to carry out on its behalf the testing and inspections necessary for the verifications required in paragraph 1 of this article. Contracting Parties shall ensure that technical services are assessed, designated and notified in accordance with the requirements set out in Schedule 2 (Technical services).(Article 2.2)Contracting Parties applying the UN Regulation shall, by mutual recognition, accept for the placement in their markets type approvals granted pursuant to these UN Regulations, without requiring any further testing, documentation, certification or marking concerning these type approvals. (Article 3.2)



8

Should a Contracting Party applying a UN Regulation find that certain wheeled vehicles, equipment or parts bearing approval markings issued under the said UN Regulation by the other Contracting Party, do not conform to the approved types or the requirements of the said UN Regulation, they shall advise the Contracting Party which issued the approval. The Contracting Party that issued the approval shall take the necessary steps to ensure that the non‐conformity is rectified (Article 4.1)

Safeguard : Obligations


9

The approval authorities of each Contracting Party applying UN Regulations shall send upon the request from the other Contracting Parties, a list of the wheeled vehicles, equipment or parts, of which it has refused to grant or has withdrawn approvals. (Article 5.1)In addition, on receiving a request from another Contracting Party applying a UN Regulation, it shall send forthwith, in accordance with the provisions of Schedule 5 (Circulation of approval documentation) annexed to this Agreement, to that Contracting Party a copy of all relevant information on which it based its decision to grant, refuse to grant, or to withdraw an approval of a wheeled vehicle, equipment or part pursuant to that UN Regulation. (Article 5.2)



10

All Contracting Parties applying a UN Regulation, except for Contracting Parties which notified the Secretary‐General of their intention to cease applying the UN Regulation, shall accept approvals granted pursuant to the latest version of that UN Regulation. (Article 12.5)



11

Process of acceding tothe 1958 Agreement

1

February, 2017

Japan Automobile Standards Internationalization Center

Expert Meeting

2

1. What is the 1958 Agreement

2. How to became CP of the 1958 Agreement

3. Japanese experiment of Acceding to the 1958 Agreement

4. In case of other country

5. Practical suggestions

Contents

3






Contents

The official title of the Agreement

“Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted and/or Be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals granted on the Basis of These Prescriptions”

in short, “the 1958 Agreement”

4

Contracting Parties to the 1958 Agreement

5

As of Nov. 2016 54 countries and regionsincluding Non‐European countries below:Japan, Australia, South Africa, New Zealand, Republic of Korea, Malaysia, Thailand, Tunisia, Egypt(in order of accession) 5

World Forum for the Harmonization of Vehicle Regulations (WP29)

‐ The World Forum for Harmonization of Vehicle Regulations (WP.29) is a unique forum of multilateral discussion on the international harmonization of vehicle regulations and the mutual recognition of vehicle certification.‐ The revision of the 1958 agreement and the creation or revision of the UN regulations are discussed at WP 29 by contracting parties.‐ Japan plays an active role in activities for the harmonization of regulations and the mutual recognition of certification as a one of contracting party of the 1958 agreement.

the United Nations

The U.N. Economic Commission for Europe

World Forum for Harmonization of Vehicle Regulations

General Safety Provisions(GRSG)

Passive Safety(GRSP)

Brakes and Running Gear

(GRRF)

Pollution and Energy(GRPE)

Noise(GRB)

Lighting and Light-signalling

(GRE)

6

Purpose of the 1958 Agreement

(1) Establishment of UN regulations formotor vehicle, equipment and parts

(2) Enforcement of mutual recognitionin accordance with UN Regulations

7

Complying with each individual regulation

UN regulations

UN Regulation

Complying with only harmonized regulation

Harmonized spec.

ACountry

BCountry

CCountry

ACountry

BCountry

CCountry

UN regulations enable to simplify specification of the Vehicle/Parts among the Contracting Parties.

A country’s spec.･･･

B country’s spec.･･･

C country’s spec.･･･

･･･

8

19 Items in ASEAN MRA

NO. AUTOMOTIVE PRODUCT UN/ECEREGULATION

1 Braking System R132 Braking System (Passenger Car) R13H3 Seat belt anchorage R144 Seat belt R165 Seats R176 Head Restraints R257 Pneumatic tyre – passenger R308 Speedometer R399 Exhaust Emission (L category) R4010 Noise emission (L category) R4111 Safety glass R4312 Rear View Mirror R4613 Exhaust Emission R4914 Noise emission R5115 Pneumatic tyre – commercial R5416 Audible Warning Device R2817 Tyre (L category) R7518 Steering Equipment R7919 Exhaust Emission R83

9

The 1958 Agreement is an international mutual recognition systemfor vehicle with the aim of the establishment of UN Regulations on vehicle safety and environment.

Mutual recognition

NoMRA

Car & PartsManufacturers

Approvalof

Country A

rovalof untryB

rovalof untryC

rovalof untryD

rovalof untryE

CountryA Country

B

CountryC

CountryD

CountryE

Car & PartsManufacturers

Approvalof

Country A

CountryA Country

B

CountryC

CountryD

CountryE

MRA

10

11






Contents

Becoming a Contracting Party (CP) to a UN Agreement

• Accession to the 1958 Agreement by depositing an instrument of accession with the UN Secretary-General

Who?Any country member of the United NationsRegional economic integration organization of countries belonging to the UN

Why?Participation in WP.29 and its subsidiary bodiesCountry has a vote in the decision making processMutual recognition of the approvals granted

12

How to become CP to an AgreementRequirements for a valid instrument of accession (1):

Identify the AgreementIn this case identify the 1958 Agreement by its

complete official name (see the example on slide 8)

Declaration of undertaking. Expression of intent of the Government to be bound by the Agreement and to undertake faithfully to observe and implement its provisions (see the example)

13

How to become CP to an AgreementRequirements for a valid instrument of accession (2):Issued and signed by:- Head of State or Government, or - Minister of Foreign Affairs (MFA), or - by a person exercising the power of one of these

authorities ad interim, or- by a person with full powers to sing the Agreement

Dated

Addressed to the UN Secretary General in New York, normally the Office of Legal Affairs in NY

14

Model of an instrument of accession (1)WHEREAS the [title of agreement] was concluded [adopted, etc.] at [place] on [date],

NOW THEREFORE I, [name and title of the head of State or Government or MFA], declare that the Government of [name of State], having considered the above mentioned [agreement], accedes to the same and undertakes faithfully to perform and carry out the stipulations therein contained.

IN WITNESS WHEREOF I have signed this instrument of accession at [place] on [date].

[Signature]

15

Model of an instrument of accession (2)

WHEREAS the

Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions, (Including the amendments entered into force on 16 October 1995)(E/ECE/324/Rev.2 -E/ECE/TRANS/505/Rev.2)

Former title of the Agreement::Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognitionof Approval for Motor Vehicle Equipment and Parts, done at Geneva on 20 March 1958

16


• NOW THEREFORE I, [name and title of the head of State or Government or MFA], declare that the Government of [name of country], having considered the above mentioned Agreement, accedes to the same and undertakes faithfully to perform and carry out the stipulations therein contained.

• IN WITNESS WHEREOF I have signed this instrument of accession at [place] on [date] and signature.

17


• Don’t forget to include the declaration below• [name of country] declares that is not bound by

Regulations Nos. …. [Include the list of Regulations that you don’t want to apply when acceding to the Agreement, see Article 1, 5 of the 1958 Agreement]

18

19






Contents

Acceding to a UN Agreement?

• In June, 1995, Japan officially announced that Japan decided to accede to so‐called “the UN 1958 Agreement” at the WP29

• From that announcement, we started proceed with the work to accede to the Agreement.

• After that, we did a lot of work until the accession of Japan in July, 1998.

20

What should we do to accede to the Agreement?

• An official in the Ministry of Transport (MOT, the name of the MLIT was like this in those days) was told to prepare the check list for the procedure to accede to the 1958 Agreement.

• He needed to seek the help from Ministry of foreign affairs (MOFA) which is in charge of international Agreements.

• According to an official in MOFA, they need to obtain the approval in the Diet to accede to the Agreement.→It would be a tough job!!!

21

To obtain the approval from the Diet

• It was efficient for the MOT to follow the instruction from the MOFA to proceed with the work to accede to the 1958 Agreement.

→It is important to give the MOFA the justification to accede to the 1958 Agreement.

22

Giving the justification to the MOFA

• Why did Japan have to accede to the Agreement?

• What is the aim, benefit, role, effect, etc.?

23

Obligation by the accession• According to the MOFA, obligation by an international agreement is

superior to that of national laws. Therefore, it is necessary to amend national laws to ensure to keep the obligation by the 1958 agreement.

• According to the 1958 agreement, if a contracting party applies UN Regulations annexed to the Agreement, it is obliged to accept type approvals of components and systems of vehicles for a specified technical function like brake, lighting, etc. granted by other contracting parties.

• Therefore, it is necessary to stipulate the provisions in national laws which regulate the handling procedures for granting and accepting approvals.

• These matters should be specifically treated by the MOT which is in charge of the type approval of motor vehicles and they decided to stipulate the provisions regarding the matters in the Road Vehicles Act.

24

Aim of the accession of the 1958 agreement

• The aim of the accession of the 1958 agreement is to implement mutual recognition of type approvals

• Harmonization of regulations can be done without acceding to the agreement though, mutual recognition of the approvals can only be implemented under the agreement.

• With the background of the fact that globalization of auto industry is proceeding and there are a lot of vehicle and components manufacturers which sell in many countries, It is unreasonable to mandate acquiring approvals pursuant to similar but different requirements in each country.

25

Granting and accepting procedure of approvals in type approval system in Japan

• Japanese granting and accepting procedure of the approvals according to the 1958 Agreement is shown in the following slides

26

Application Examination Type Approval

Type Approval System for Devices

Vehicle Type Approval SystemInitial Inspection

Registration

Users

Omission of presentation of motor vehicle

Type Approval System

Application Examination

Type Approval Completion inspection

Regular Audit

Issuance of “Notice of Completion inspection”

Not Type Approved Vehicles

Application Examination

Presentation of motor vehicle

27

Technical requirements for motor vehicles

Vehicle Type Approval System in Japan- A basis to achieve the safe and environmentally friendly vehicle society -

Type Approval for Devices

Vehicle Type Approval

Examination of・Conformity of the devices tothe requirements by using samples ・Manufacturers’ quality

management System

Examination of・Conformity of vehicle to the

requirements by using samples・Manufacturers’ quality

management SystemApplicants can use the approvals to prove the conformity of the devices to the requirements.

Vehicles have to meet the requirements to drive on the public road.

Type approval system is used to ensure the conformity of the vehicles to the technical requirements 28

Advantages of applying UN Regulations annexed to the 1958 agreement

Technical requirements for motor vehicles

Type Approval for Devices

Vehicle Type Approval

＜Advantage＞⇒Enabling to introduce new requirements easily without costly R&D

Approvals granted by other countries applying Regulations annexed to the 1958 Agreement are equally treated as effective as those of Japan (limited to the items which Japan has already applied)

Applying Regulations annexed to the 1958 Agreement

＜Advantage＞⇒Saving costs and labor for the examination

29

Legal system with regard to the enforcement of the 1958 agreement

• “Road vehicles act”This act is the base of the Japanese motor vehicle regulations.

• “Type designation regulations for motor vehicles”Procedures regarding type approvals for whole vehicles are stipulated in the regulations

• “Type designation regulations for devices”Procedures regarding type approvals for specified technical functions of components and vehicles in association with the 1958 agreement are stipulated in the regulations.

• “Safety regulations for road vehicles”Technical requirements which motor vehicle should meet when driving on the road are stipulated in the regulations. These requirements are also applied as the technical requirements for type approvals

30

Type designation of devices and motor vehicles in Road vehicles act

In Road vehicles act, it stipulates;• In the articles from 40 to 42, no motor vehicle shall be used for operation

unless its construction conforms to the technical standards for safety, environmental pollution control and environmental conservation set by the MLIT Ordinance

• In the article 58, no motor vehicle shall be used for operation unless it has undergone inspection conducted by the Minister of Land, Infrastructure and Transport as provided for in this Chapter and has been issued a valid motor vehicle inspection certificate.

• In the article 75, type approval for whole vehicles can be granted and type approvals for devices can be used to acquire type approvals for whole vehicles which have the devices.

• In the article 75‐2, type approval for devices can be granted and type approvals for devices granted by other contracting parties can be regarded as type approvals for devices in Japan.

31

Outline of the type designation regulations for devices.

• Article 1 (Scope of This Ordinance)• Article 2 (Kind of Designated Devices)• Article 3, 4 (Application for Type Designation)• Article 5 (Designated Devices Regarded as Having Received TypeDesignation)• Article 6 (Special Marking)• Article 7 (Keeping of Records of Quality Control)• Article 8 (Notification, etc.)• Article 9 (Approval of Modification)• Article 10 (Issuance of Notice of Type Designation of Devices)• Article 11 (Announcement of Designation Number, etc.)• Article 12 (Inquiring Opinion)• Article 13 (Notification of Examination Results)

32

Provisions in type designation regulations for devices regarding type approvals according to the 1958

Agreements

• In the article 2, devices which can be type‐approved in Japan according to the 1958 Agreement are listed.

• In the article 5, regulations for devices of which approvals by other contracting parties can be regarded as type approvals in Japan are listed

33

Legal status of the activities at WP29 according to the 1958 Agreement

• Under the 1958 Agreement of the United Nations, to implement the right of voting for the adoption of the UN Regulations annexed to the Agreement, each contracting party should implement its decision for the adoption of the UN Regulations as its official decision by the governmentpolicy.

• For example, Japan authorizes its decision for the adoption of the regulations at WP29 beforehand and send the decision to the UN mission from Japan through the MOFA.

• Furthermore, when applying UN Regulations of 1958 Agreement, contracting parties should notify their decision to the UN through its official diplomatic route.

34

Legal status of the UN type approvals under 1958 Agreement

• UN type approvals under 1958 Agreement in the UN are authorized by the governments

• Therefore, they are extremely reliable.

• If a contracting party of the 1958 agreement judged that a technical service supervised by an authority of another contracting party did the wrong test procedure and the authority had not taken its responsibility of supervising the technical service because of the interpretation differences between these contracting parties, the dispute would follow the settling procedure provisions in the 1958 Agreement. (cf. Article 10）

35

Approval structure in Japan• Authority : MLIT• Technical Service : NTSEL

NTSEL is the sole technical service in Japan which is stipulated to operate tests in the Road vehicles act.

MLIT allows NTSEL to carry out tests under its responsibility.

• When acceding to the 1958 Agreement and starting to apply UN Regulations, Japan thinks that a contracting party should have at least one technical service in its own territory if the contracting party has an intention to grant UN type approvals. It would be good in that it should provide the auto industry in respective countries with the equal opportunities.

36

How Japan Adopt UN Regulations ～Pattern A～Fundamental Traffic Safety Program

Vehicle Safety Measures

Introduction of Vehicle Regulations

The Effectiveness will be Discussed and Analyzed in the Committees before Introduction on a Mandatory basis.

Regulation which need no modification of the UNRs.

Regulation which needs modification of the UNRs.

Regulation based on the UNRsNew Regulations and Obligation

Introduced after it is investigated if it meets the Japanese Traffic Situation

Introduced after the UNR is amended to meet the Japanese Traffic Situation.

CASE 1 CASE 2 37

How Japan Adopt UN Regulations ～Pattern B～

UNRUNR & your

UNR adoption list

For applying an existing UN Regulations

38

How Japan Adopt UN Regulations ～Investigation Process～2. Check Items of the UNR

UNR & Japan’s

UNR contents items

39

How Japan Apply Existing UN Regulations ～Working Process Chart①～

①

②

③

④

⑤

⑥

⑧

⑦

UNR

Amend the UNR

Select UNR

UNR

UNR

40

Continue from previous Page

⑨

⑩

⑪

⑬

⑫

⑭

How Japan Apply Existing UN Regulations ～Working Process Chart②～

Make Final decision for Applying The UNRs

※Prepare for the public comment※Prepare for the domestic notification※Prepare for the modification on Laws, Regulations, Standards, others sequentially

Public Comment

Publication: Laws, Regulations, Standards, others Notify UN for applying UNRs

⑬ 2 month

41

～Application of UN Regulations by Japan～

･Japan has been sequentially applying UN Regulations since its accession to the 1958 Agreement.･As just described, we have adopted these regulations while prioritizing them.

(Plan) 42

History of the Introduction in Japan

43






Contents

Feasilibility study on WP.29 framework

Participation in WP.29 forum as observer

Present the necessity to join WP.29 to Malaysia Parliament

National Forum between government and industry

Communicate with UN Secretariat to accede to WP.29

ACCEDED TO WP.29 ON 4TH APRIL 2006

INVOLVEMENT AT WP.29

44

Process of Acceding to 1958 AgreementIn Malaysia

Flowchart of Acceding to 1958 AGREEMENTIn Philippines

Required Documents to be submitted by CHVSR to DFA:

1. Soft copy of CBA Final Report 2. Executive Summary of CBA (1-2 pages) 3. List of Relevant Agencies and Focal Persons/Contact Numbers 4. All comments of CHVSR members on the CBA, draft EO, and

other works/activities 5. Position papers of relevant agencies on the benefits of

accession/ratification to WP29 Agreement

Department of Foreign Affairs (United Nations and Other International Organizations) to review the documents

DFA-UNIO to convene series of inter-agency meetings with all CHVSR Member Agencies for the accession process (EO No. 459, Series 1997)

All Member Agencies’ Secretaries to sign the Certificate of Concurrence (COC) as part of accession/ratification process

③

④

②

①

45

46






Contents

Practical suggestions• Check the procedure to accede to a UN Agreement

• Contact the Ministry of Foreign Affairs MFA• MFA to contact Mission of your Country in NY• UN Office of Legal Affairs (OLA)• PLEASE DON’T FORGET THAT

The instrument of accession MUST be addressed to the UN Secretary‐General

47

Practical suggestions• Remember CPs are free to be bound by all, some or no UN Regulation

• Recommendation: When acceding declare by which UN Regulations your country is not bound

48

Thank you for your attention!

49

R 1&2 HeadlampsR 3 Reflex ReflectorsR 4 Rear Registration Plate LampsR 5 Seald Beam HeadlampsR 6 Direction IndicatorsR 7 Front and Rear Position (Side) Lamps, Stop Lamps and End‐Outline MarkerR 8 Halogen Headlamps (H1,H2,H3,HB3,HB4,H7,H8 and/or HIR1)R 9 Noise (Three‐Wheeled Vehicles)R 10 Radio Interference SuppressionR 11 Door Latches and HingesR 12 Steering MechanismR 13 BrakingR 13‐H Braking (13‐H)R 14 Safety Belt AnchoragesR 15 Exhaust EmissionR 16 Safety BeltsR 17 SeatsR 18 Protection Against Unauthorized UseR 19 Front Fog LampsR 20 Halogen Headlamps (H4)R 21 Interior FittingsR 22 Motor Cycles HelmetR 23 Reversing LampsR 24 Diesel SmokeR 25 Head RestraintsR 26 External ProjectionsR 27Warning TrianglesR 28 Audible Warning DevicesR 29 Cab of a Commercial VehiclesR 30 Pneumatic Tyres (Passenger Vehicle)R 31 Halogen Seald Beam HeadlampsR 32 Rear‐end CollisionR 33 Head‐on CollisionR 34 Prevention of Fire RisksR 35 Arrangement of Foot ControlsR 36 Construction of Public Service VehiclesR 37 Filament LampsR 38 Rear Fog LampsR 39 SpeedometerR 40 Exhaust Emission (Motor Cycle)R 41 Noise (Motor Cycle)R 42 Front & Rear Protective DevicesR 43 Uniform Provisions Concerning The Approval

Of Safety Glazing MaterialsR 44 Child Restraint Systems

R 45 Headlamp CleanersR 46 Rear‐view MirrorsR 47 Exhaust Emission (Moped)R 48 Installation of LightsR 49 Diesel EmissionR 50 Lights (Moped, Motor Cycle)R 51 NoiseR 52 Construction of Small Capacity Public Service VehiclesR 53 Installation of Lights (Motor Cycle)R 54 Pneumatic Tyres (Commercial Vehicle)R 55 Mechanical CouplingR 56 Headlamps (Moped)R 57 Headlamps (Motor Cycle)R 58 Rear Underrun ProtectionR 59 Replacement Silencing SystemR 60 Driver Operated Controls (Moped, Motor Cycle)R 61 External Projections (Commercial Vehicle)R 62 Protection Against Unauthorised Use (Motor Cycle)R 63 Noise (Moped)R 64 Temporary Spare TyresR 65 Special Warning LightsR 66 Strength of Super Structure (Large Passenger Vehicle)R 67 Specific Equipment of Vehicles Using LPGR 68Measurement of the Maximum SpeedR 69 Rear Marking plates for slow‐moving vehicles and their trailersR 70 Rear Marking Plates for Heavy and Long VehiclesR 71 Driver’s field of vision (agricultural tractors)R 72 Halogen Headlamps (HS1 for Motor Cycle)R 73 Lateral Protection (Goods Vehicle)R 74 Installation of Lights (Moped)R 75 Pneumatic Tyres (Moped, Motor Cycle)R 76 Headlamps (Moped)R 77 Parking LampsR 78 Braking (Category L)R 79 Steering EquipmentR 80 Seat (Large Passenger Vehicle)R 81 Rear‐view Mirrors (Motor Cycle)R 82 Halogen Headlamps (HS2 for Moped)R 83 Gaseous PollutantsR 84 Measurement of Fuel ConsumptionR 85 Measurement of Engine PowerR 86 Installation of lighting and light‐signalling devices (agricultural and forestry tractors)R 87 Daytime Running LampsR 88 Retroreflective Tyres (Motor Cycle)R 89 Speed Limitation DevicesR 90 Replacement Brake Lining AssembliesR 91 Side‐marker LampsR 92 Replacement Silencing System (Motor Cycle)R 93 Front Underrun ProtectionR 94 Protection of the Occupants in the event of a

Frontal Collision

R 95 Protection of the Occupants in the event of a Lateral Collision

R 96 Emission of pollutants by the engine (agricultural and forestry tractorsR 97 Vehicle Alarm SystemsR 98 Gas‐Discharge HeadlampsR 99 Gas‐Discharge Light SourcesR 100 Battery Electric VehiclesR 101 Emission of Carbon Dioxide and Fuel

Consumption (Passenger Car)R 102 A Close‐Coupling DeviceR 103 Replacement Catalytic ConvertersR 104 Retro‐reflective Markings for Heavy and Long

VehiclesR 105 The Carriage of Dangerous Goods with Regard

to their Specific ConstructionalR 106 Pneumatic Tyres (Agricultural Vehicles)R 107 Double‐Deck Large Passenger Vehicles with

Regard to their GeneralR 108 Retreaded Pneumatic Tyres (Motor Vehicle)R 109 Retreaded Pneumatic Tyres (Commercial

Vehicle)R 110 Vehicles using CNGR 111 Rollover stability (Tank vehicles if categories N

and O)R 112 HeadlampsR 113 HeadlampsR 114 Air bagR 115 LPG and CNG Retrofits SystemsR 116 Protection Against Unauthorized UseR 117 Tyres with regard to rolling sound emissionsR 118 Burning behaviour of materials used in the

interior constructionR 119 Cornering lampR 120 Measurement of net power *agricultural or

forestry tractors(R 121 Hand controls, tell‐tales and indicationsR 122 Heating systemR 123 AFSR 124 Wheels for Passenger carsR 125 The forward field of visionR 126 Partitioning systemR 127 Pedestrian safety performance R 128 Light emitting diode (LED) light sourcesR 129 Enhanced Child Restraint Systems (ECRS)R 130 Lane Departure Warning System (LDWS)R 131 Advanced Emergency Braking Systems (AEBS)R 132 Retrofit Emission Control Devices (REC)R 133 reusability, recyclability and recoverabilityR 134 safety‐related performance of hydrogen‐fuelled

vehiclesR 135 Pole Side Impact performance (PSI)R 136 Electric vehicles of category L(R 137 Frontal impact with focus on restraint systems)

January , 2016Red : apply regulation in JAPAN

UN Regulations

50

The Effects of acceding to the 1958 Agreement

February, 2017


Expert Meeting

0. Outline of Japan’s Decisions to apply UN Regulations

〇Japan is working on the global harmonization of automobile regulations.〇There are 3 stages in promoting global harmonization.〇Our final goal is to assimilate domestic regulations with UN Regulations.〇JASIC is supporting MLIT to realize our goal.

UN Regulation

Domestic Regulation UN Regulation

DomesticRegulation

> <

Final Goal

UN RegulationsDomestic

Regulations ＝

UN Regulation DomesticRegulation

Domestic Regulation

UN RegulationLevel

(Strength)

Action(Time)

Action(Time)

Level(Strength)

2

Japan’s Decision ⇒ Adopt UNRs into domestic approval system, while allowing the domestic market to sell Vehicles and Parts suitable for domestic conditions by maintaining the domestic regulations.

Vehicles and Parts that meet the Safer and more Eco-Friendly Regulations will be introduced to the domestic market with minimum burdens on domestic manufacturers.

Benefits

〇Consumers can purchase safe and eco-friendly vehicles at a lower price.⇒Traffic Accidents and Environmental Problems will decrease.

〇Domestic Manufacturers can continue manufacturing vehicles which only meets the domestic regulations.

〇The procedure for Type Approval will be streamlined by utilizing UN type approval as proof of compliance of the products.

1-1.When the Domestic Regulations are Less Stringent than UN Regulations

What Happens?

1-2. Against Traffic Accident and Environmental Problems(Japan’s Experience)

The domestic manufacturerstried hard to overcome the global

manufacturers.

Introduction of Global Vehicle Technologies

Improvement in the quality of domestic vehicles and parts.

More Safe and Eco-Friendly Vehicles will be placed on the market.⇒Decrease of Traffic Accidents and Environmental Problems. 4

1-3. Distinction between Domestic and Imported Vehicles

Domestic Vehicle Imported Vehicle

〇 Required to meet only the domesticregulations.〇 Available at a lower price since no shipping fee are needed.

〇 Required to meet the UN Regulations.〇 Expensive compared to domestic vehicle due to shipping fee and additional costs for complying with the UN Regulations more stringent than domestic regulations.

Daily Necessities(Low price and Normal Quality)

Luxury Item(High Price and High Quality)

There is a distinction between domestic and imported vehicles.So, domestic vehicles will keep the advantage in the Market

In fact, joining the 1958 Agreement did not cause much change in the import market. ⇒In Japan, the balance of the number of imported vehicles from the members of the 1958 Agreement and other countries did not change much after joining the Agreement.

5

2-1.When the Domestic Regulations are as stringent as UN Regulations

Japan’s decision ⇒ Apply UNRs for both domestic and imported vehicles.

Enable Mutual Recognition between members of the 1958 Agreement.

Benefits

〇Reduced price of imported vehicles can be expected by unification of vehicle specifications in the world.

〇Domestic vehicles and parts can build up a reputation for being safe and eco-friendly in the world.

〇The procedure for Type Approval will be more streamlined.

What Happens?

6

2-2. Effects for Importing Countries

1.Guarantee the safeness and quality of Imported Vehicles.⇒ Decrease of Traffic Accidents and Environmental Problems

2.Reduce the cost for operating type approval procedure and creating the certification standards.

7

○MLIT, in cooperation with JASIC, carried out a survey and analysis of disclosed information, to estimate the effects of joining the 1958 Agreement. ※Carried a “Multiple Regression Analysis” utilizing data of, “Procurement cost”, “Price Index” etc.○To estimate the effects for “importing countries” we utilized the disclosed data of one non-EU contracting party of 1958 agreement as the model “importing country”.○The result of the survey and analysis is as below.

About 7 billion yen/year ※JP Yen=70 LAK

How joining the 1958 Agreement affects the Importing Countries

(Billion Yen)

Reduction of traffic fatalities

Reduction of CO2 emissions from vehicles

Cost reduction for the creation of certification standards

Cost reduction for the operation of Type Approval

Total effect of around750thousand yen after joining the 1958 Agreement

Estimated benefit for Consumers～Price Reduction Effect per vehicle～

Estimated benefits for the Government (Annual)

3-1.When the Domestic Regulations are more Stringent than UN Regulation

Japan’s decision ⇒ Participate in the discussion in the WP29 to reflect domestic situation into UN Regulations.

The UN Regulations could be changed to reflect the domestic situation.

What Happens?

Benefits

〇Reflect the Asian voice in the global rule making process in WP29.

〇Improve the UN Regulations reflecting the global needs and traffic situations.

〇Import and Export of vehicles and parts will be streamlined.

〇Develop the 1958 Agreement into a truly global agreement.

8

3-2. Japans vision for the future 1958 Agreement

When the 1958 Agreement was established,it was an agreement only for the UN-ECE members.

It allowed non-UN-ECE members to join.

Some UN Regulations reflects only the European traffic situation.

Need to develop the 1958 Agreement into a truly global Agreement by reflecting the Asian traffic situation.

But Still

In Revision 2 in 1990’s

SO

9

Thank you for your attention

10

No.123456789101234567891011

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OFFICER Dept. of Transport MPWT

MISS KHAMPHOU OUPADITH OFFICER TOYOTA LAOTHANYMISS PHADSONE SEANGBOULAY OFFICER TOYOTA LAOTHANYMISS DOUNGSAMONE SYHA OFFICER Dept. of Transport MPWT

Mr.Somsack AROUNSAVATH Director Ministry of Science & Techonology

Kunihiko KUMITA Director JASIC

Dept. of Transport MPWTMr.Soukha Pongma P Secretary Lao Automotive and Industry AccosiationMs Vandavone Kittavong officcer

Ms.Khampheng G.Manager KOLAO GroupName and Family name Position Organization Phone Number Email Signature

Mr.Anousone Chanthaphone Director of Division

Ms.Sisavanf Phaviseth officer Ministry of Industry and Commere Mr.Sengchanh officer Cabinet Office MPWT

Mr.Khamathidath Mnikham officer Dept. of Transport MPWTMr.Vilaysack Boutsamary Director Dept. of Transport MPWT

MR. DANIEL SILAONG OFFICER Dept. of Transport MPWT

Ryuzo OSHITA member JASIC

Mr. Lieng MONTHALAT DP Dept. of Transport MPWTNaomi MORI Deputy Director JASIC

MR. INTHA KHONGKHAMMANIVONG

Mr.Khamphoey MG SUZUKI LAO

Mr.Vilayphanh SAYAVONG DDG Dept. of Transport MPWT

Takeshi KORENORIchief Representative

of Jarkarta Office JASIC

Ms.Engthong DP Dept. of Transport MPWT

Mr. Khammoune DDG Dept. of Legistration MPWTVienthong Chanlivong Director Kolao Group

Mr.Nam SEUMSAVATH DOSM Dept. of Statdardization & Methodology MOST

Lao People's Democratic RepublicPeace, Independence, Democracy, Unity and Prosperity

Title: Date: Registration Form

Mr.Bandith SULAYAKHAM DP LEGISLATION DIVISIONMr.Daovanh PHILAPHANDETH MG LAO TOYOTA SERVICEMrs. Ackhasone

Location: The Meeting No.2 Room of Mnistry of Public Works and Transport

Mnistry of Public Works and TransportDepartment of Transport

Ms.Kaykesone DP Dept. of Transport MPWT

MG LAO TOYOTA SERVICE

Time:

Dept. of Transport MPWT

Miss Davanh Lathanasack officer Dept. of Transport MPWT

第４７回アジア専門家会議（58 協定について）報告

2017 年 3 月 2 日最終版

（案）2017 年 2 月 13 日

日時：2017 年 2 月 6 日（月）13:00~17:00

場所：ラオス運輸省会議室

出席者：（ラオス公共事業運輸省運輸局）

Mr. Vilayphanh SAYAVONG, Deputy Director General, Department of Transport （日本）大下（IWVTA 分科会）、汲田、是則、森（JASIC）

（概要）

・冒頭、Mr. Vilayphanh SAYAVONG, Deputy Director General, Department of Transport より、大

臣に変わり、開催のあいさつが行われた。ラオスとしては ASEAN MRA のために 1958 協定につ

いて興味があり、理解を深めていきたい。引き続き、JASIC より本会議開催にあたりあいさつが行

われた。

・大下氏より「1958 協定の概要」及び「権利と義務」についてプレゼンテーションを実施。

・是則ジャカルタ所長より「1958 年協定加盟のためのプロセス」及び「加入のベネフィット」につい

てプレゼンテーションを実施。

・ラオス側は ASEN MRA19 項目を念頭におき、テクニカルサービス等について質問。どの項目から

検討を進めるべきかを模索している様子がうかがえた。

（講義内容、質疑詳細）

1958 年協定の概要について

大下氏よりプレゼン。

・1958 年協定の改正経緯について説明。

・1958 年協定の構成について説明。WP.29 の全会一致により改正できる Schedule が追加された。

・主要 Article の概要について説明。Voting、Adoption process、UN 規則の適用の仕方等。

・COP について説明。

1958 年協定の権利と義務について

大下氏よりプレゼン

・型式認証、ルールメーキングにわけ、権利と義務について説明。

1958 年協定加盟のためのプロセス

是則所長よりプレゼン

・1958 年協定の加盟プロセスについて、日本の例を用いて説明。

・日本の型式認証制度と関係する法体系について説明。

・日本の UN 規則の適用プロセスについて説明。

1958 年協定のコストベネフィット

是則所長よりプレゼン

・1958 年協定に加盟することにより、環境によく、安全な車両をユーザーに提供できるようになる

・WP29 にアジアの声が反映できるようになる。

・輸出入がスムーズになる。

・アジア各国が加盟することで 1958 年協定が真の世界的な協定となる。

Q&A、General Discussion（３つのプレゼンすべてに対して）

※途中、ラオス語で質問され、ラオス政府が答える場面あり。その分については内容不明のため省略。

Q-1 1958 年協定加盟に際し、国連に出す書類はあるのか？

A-1 是則所長のプレゼンテーションで説明を行った。

Q-2 1958 年協定加盟に際し、費用は発生するか？

A-2 WP.29 加盟自体にはお金はかからない。国内に審査を行うための Technical Service を整備する場

合はその維持費用等は必要。

Q-3 テクニカルサービスは各国１つだけなのか？

A-3 認可当局は、テクニカルサービスを複数指定しても良い。この場合、メーカーは利用するテクニ

カルサービスを選択出来る。

Q-4 58 協定に加盟した場合、申請をすべて審査しなければならないのか。何件くらい審査するのか。

A-4 それは、国による。メーカーは申請する国を選べるので、メーカーにとって申請するのに便利と

感じる国は件数が多くなる。

Q-5 UN 規則適用において、日本からなにか Recommend はあるか？

A-5 各国の状況に応じた UN 規則を段階的に適用する事が大切。JASIC としては専門家会議などを通

じてサポートしていく。

最後に、Deputy Director General より今回の 1958 年協定に関する専門家会議は有意義であり、近い

将来、続きの会議を行いたい旨、あいさつが行われた。

【ラオス運輸省】【専門家会議】

【ラオス交通事情】

以上