On the Ratification of the Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of such Inspections

Home / RLA / On the Ratification of the Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of such Inspections

Law of the Republic of Kazakhstan dated June 30, 2010 No. 299-IV

To ratify the Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of Such Inspections, done in Vienna on November 13, 1997.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT ON THE ADOPTION OF UNIFORM CONDITIONS FOR PERIODIC TECHNICAL INSPECTIONS OF WHEELED VEHICLES AND ON MUTUAL RECOGNITION OF SUCH INSPECTIONS

The preamble

THE CONTRACTING PARTIES,

RECOGNIZING the increase in traffic volume and the resulting increase in danger and negative consequences, as a result of which all Contracting Parties face safety and environmental problems of a similar nature and importance; DESIRING to achieve greater uniformity in the rules governing road traffic in Europe and to ensure a higher level of safety and environmental protection; DESIRING to establish, for this purpose, uniform conditions for periodic technical inspections of wheeled vehicles, which these vehicles must meet in order to obtain a certificate in their respective countries; BEARING IN MIND that the time required to carry out such periodic technical inspections of individual vehicles and the associated costs are factors that may affect on the terms of competition between the motor transport operators in the territories of the Contracting Parties; Whereas the current technical control systems in different Territories differ; WHEREAS, as a result, it is necessary to coordinate, as far as possible, the frequency of technical control and the elements subject to mandatory technical control; WHEREAS, when setting the time limits for the application of the measures referred to in this Agreement, it is necessary to take into account the time required for creation or expansion of the scope of administrative and technical conditions necessary for carrying out technical control;

WE have AGREED on the following:

Article 1

1. The Contracting Parties shall adopt Rules for periodic technical inspections of wheeled vehicles registered or approved for Operation in their territories and, on a reciprocal basis, recognize inspections carried out in accordance with these Rules. These Rules are adopted within the framework of an Administrative Committee consisting of all Contracting Parties, in accordance with the Rules of Procedure set out in Appendix 1 and on the basis of the following paragraphs and articles.

For the purposes of this Agreement

The term "wheeled vehicles" includes any power-driven vehicles and their trailers; the term "technical inspection" includes the inspection of any items of equipment and parts that are used on wheeled vehicles and whose characteristics have an impact on road safety, environmental protection and energy savings; The term "regulations for periodic technical inspections of wheeled vehicles" includes provisions to prove the existence of a periodic administrative uniform procedure by which the competent authorities of a Contracting Party, after carrying out the necessary inspections, declare that a wheeled vehicle complies with the requirements of these Regulations. The technical inspection certificate, a sample of which is provided in Appendix 2 to this Agreement, may serve as evidence.

Article 2

1. After a Rule has been adopted in accordance with the procedure specified in appendix 1, the Administrative Committee shall transmit it to the Secretary-General of the United Nations, hereinafter referred to as the "Secretary-General". Thereafter, the Secretary-General shall notify the Contracting Parties of this Rule as soon as possible. A rule shall be deemed to have been adopted if, within six months of notification by the Secretary-General, more than one third of the Contracting Parties at the time of notification have not informed the Secretary-General of their disagreement with this Rule.

The rule covers the following aspects:

(a) The categories of wheeled vehicles concerned and the frequency of their inspection; (b) Items of equipment and/or parts to be inspected; (c) Test methods by which performance requirements must be confirmed; (d) Conditions for the issuance of an inspection certificate and its mutual recognition; (e) date(s) of entry into force the force of this Rule. The Regulation may, if necessary, provide references to technical control centers authorized by the competent authorities and where inspections of wheeled vehicles can be carried out. 2. After the adoption of the Rule, the Secretary-General shall notify all Contracting Parties as soon as possible, indicating which of the Contracting Parties have expressed their disagreement and in respect of which this Rule does not enter into force. 3. The adopted Rule shall enter into force on the day(s) indicated therein as a Rule attached to this Agreement for all Contracting Parties that have not notified their disagreement. 4. At the time of deposit of the instrument of accession, any new Contracting Party may declare that it is not bound by some of the Rules annexed to this Agreement at that time, or that it is not bound by any of them. If, at that time, the procedure provided for in paragraphs 1, 2 and 3 of this article is carried out with respect to a draft regulation, the Secretary-General shall transmit the draft regulation to the new Contracting Party, and the draft shall enter into force as a Rule for the new Contracting Party only under the conditions specified in paragraph 3 of this Article, and the allotted time to do this, the time is counted from the date of transmission of the draft to this Party. The Secretary-General shall notify all Contracting Parties of the date of entry into force of this Regulation. He shall also bring to their attention all declarations on the non-application of certain Rules that any Contracting Party may make in accordance with the provisions of this paragraph. 5. Any Contracting Party applying a Rule may at any time notify the Secretary-General that its Administration intends to terminate its application after one year from the date of notification. The Secretary-General shall transmit such notification to the other Contracting Parties. 6. Any Contracting Party that does not apply a Rule may at any time notify the Secretary-General that it intends to apply it in the future, and the Rule shall enter into force for that Party on the sixtieth day following such notification. The Secretary-General shall notify all Contracting Parties of each case of entry into force of the Regulation for a new Contracting Party in accordance with the provisions of this paragraph. 7. In the future, the Contracting Parties in respect of which any Rule applies will be referred to as "Contracting Parties Applying the Rule". 8. The Rules attached to this Agreement as appendices to this Agreement are an integral part of it.

Article 3

Amendments to the Rules attached to this Agreement may be made in accordance with the following procedure: 1. Amendments to the Rules shall be adopted by the Administrative Committee, as provided for in articles 1 and 2, in accordance with the procedure specified in Appendix 1. After the adoption of the amendment to the Rule, the Administrative Committee shall forward it to the Secretary-General. Thereafter, the Secretary-General shall notify the Contracting Parties applying this Rule of this amendment as soon as possible. 2. An amendment to a Regulation is considered accepted if, within six months of notification by the Secretary-General, more than one third of the Contracting Parties that applied the Regulation at the time of notification do not inform the Secretary-General of their disagreement with the amendment. If, after this period of time, the Secretary-General has not received statements of disagreement from more than one third of the Contracting Parties applying the Rule, the Secretary-General shall, as soon as possible, declare that the amendment is considered accepted and binding on those Contracting Parties applying the Rule that have not expressed their disagreement with it. If the Rule is amended and at least one fifth of the Contracting Parties applying the Rule without the amendment subsequently declare that they prefer to continue to apply the Rule without the amendment, the Rule without the amendment will be considered as an alternative to the Rule with the amendment and will be formally incorporated into the Rule as such, and it will enter into force. effective from the moment of adoption of this amendment or its entry into force. In this case, the Contracting Parties applying the Rule are subject to obligations similar to those set out in paragraph 1.3. If a new Contracting Party accedes to this Agreement between the notification by the Secretary-General of an amendment to the Regulation and its entry into force, the Regulation shall enter into force for that Contracting Party only two months after its formal acceptance of the amendment or two months after the expiration of a six-month period from the date of notification of that amendment. The Parties are notified by the Secretary-General of the proposed amendment.

Article 4

1. The Contracting Parties to this Agreement may be the member countries of the Economic Commission for Europe, countries admitted to participate in the work of the Commission with consultative status in accordance with paragraph 8 of the Regulations on the Terms of Reference of the Commission, and regional economic integration organizations established by the member countries of the Economic Commission for Europe, to which their member States have delegated authority on covered by this Agreement, including the authority to make decisions binding on their Member States. For the purpose of determining the number of votes referred to in paragraph 1 of Article 2 and paragraph 2 of Article 3, regional economic integration organizations shall participate in voting, having the number of votes according to the number of their member States that are members of the Economic Commission for Europe. 2. Contracting Parties to this Agreement may be United Nations Member States that may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission's Terms of Reference, and regional economic integration organizations of these countries to which their member States have delegated authority on matters covered by this Agreement, including decision-making powers. binding on their Member States. For the purpose of determining the number of votes referred to in article 2, paragraph 1, and article 3, paragraph 2, regional economic integration organizations shall vote with the number of votes of their Member States that are Members of the United Nations. 3. The countries mentioned in paragraphs 1 and 2 of this Article may become Contracting Parties to the Agreement.: (a) By signing it without reservation of ratification; (b) By ratifying it after signing it with reservation of ratification; (c) By acceding to it. 4. Ratification or accession shall be effected by the deposit of an appropriate instrument with the Secretary-General of the United Nations. 5. The Agreement is open for signature from November 13, 1997 to June 30, 1998 inclusive. Then it will be open for joining.

Article 5

1. This Agreement shall enter into force on the sixtieth day after the five countries referred to in paragraph 1 of Article 4 of this Agreement have signed it without reservation of ratification or have deposited their instruments of ratification or accession. 2. For any country ratifying or acceding to the Agreement after its entry into force, this Agreement shall enter into force on the sixtieth day after the said country deposits its instrument of ratification or accession.

Article 6

1. Any Contracting Party may denounce this Agreement by sending a notification to the Secretary-General of the United Nations. 2. The denunciation shall take effect twelve months after the date of receipt by the Secretary-General of such notification.

Article 7

1. Any country may, at the time of signing this Agreement, without reservation as to ratification, or at the time of depositing its instrument of ratification or accession, or at any subsequent time, declare by notification addressed to the Secretary-General of the United Nations that this Agreement applies to all or any territories for whose foreign relations it is a member. responsible. The Agreement shall apply in the territory or territories indicated in the notification starting from the sixtieth day after its receipt by the Secretary General or, if the Agreement has not yet entered into force on that day, from the date of its entry into force. 2. Any country that has made a declaration in accordance with paragraph 1 of this article extending this Agreement to any Territory for whose foreign relations it is responsible may denounce the Agreement separately in respect of that territory in accordance with the provisions of article 6.

Article 8

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through negotiations between them. 2. Any dispute that cannot be resolved through negotiations shall, at the request of one of the Contracting Parties to the dispute, be submitted to arbitration and, accordingly, referred to one or more arbitrators elected by common agreement of the disputing Parties. If, within three months from the date of receipt of the request for arbitration, the disputing Parties are unable to agree on the choice of an arbitrator or arbitrators, either Party may request the Secretary-General of the United Nations to appoint a single arbitrator to whom the dispute will be referred for resolution. 3. The decision of the arbitrator or arbitrators appointed in accordance with the provisions of paragraph 2 of this article shall be binding on the Contracting Parties involved in the dispute.

Article 9

1. Each Contracting Party may, at the time of signing, ratifying or acceding to this Agreement, declare that it does not consider itself bound by Article 8 of the Agreement. The other Contracting Parties are not bound by article 8 with respect to any Contracting Party that has made such a reservation. 2. Any Contracting Party that has made a reservation in accordance with paragraph 1 of this article may at any time withdraw such reservation by notification addressed to the Secretary-General of the United Nations. 3. No other reservations to this Agreement or to the Rules attached thereto are permitted, however, any Contracting Party may, in accordance with the provisions of Article 2, declare that it does not intend to apply certain Rules or that it does not intend to apply any of them.

Article 10

Amendments to the text of the Agreement itself and its appendices may be made in accordance with the following procedure: 1. Any Contracting Party may propose one or more amendments to this Agreement and its appendices. The text of any proposed amendment to the Agreement and its appendices shall be sent to the Secretary-General, who shall transmit it to all Contracting Parties and inform all other countries referred to in paragraph 1 of Article 4 of this Agreement. 2. Any proposed amendment transmitted in accordance with paragraph 1 of this article shall be deemed accepted if, within a period of six months from the date of transmission by the Secretary-General of the proposed amendment, none of the Contracting Parties submits objections. 3. The Secretary-General shall notify all Contracting Parties as soon as possible of any objections to the proposed amendment. If an objection is raised to the proposed amendment, it is considered not accepted and has no effect. In the absence of an objection, the amendment shall enter into force for all Contracting Parties three months after the expiration of the six-month period provided for in paragraph 2 of this article.

Article 11

In addition to the notifications referred to in Articles 2, 3 and 5 of this Agreement, the Secretary-General shall notify the Contracting Parties: (a) Signatures, ratifications and accessions in accordance with Article 4; (b) dates of entry into force of this Agreement in accordance with Article 5; (c) Denunciations in accordance with Article 6; (d) Notifications received in accordance with Article 7; (e) Declarations and notifications received in accordance with in accordance with paragraphs 1 and 2 of article 9; (f) The entry into force of any amendment in accordance with paragraphs 1 and 2 of Article 3; (g) The entry into force of any amendment in accordance with paragraph 3 of article 5.

Article 12

Bodies or institutions designated by a Contracting Party and directly subordinate to it may conduct periodic technical inspections in accordance with this Agreement on behalf of the other Contracting Party.

Article 13

After 30 June 1998, the original of this Agreement shall be deposited with the Secretary-General of the United Nations, who shall transmit duly certified copies to each of the countries referred to in paragraphs 1 and 2 of Article 4 of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement. DONE at Vienna on November 13, 1997, in a single copy in English, French and Russian, all three texts being equally authentic.

Addendum 1

COMPOSITION AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE

Article 1

The Administrative Committee consists of all Contracting Parties to the Agreement.

Article 2

Executive Secretary of the Economic Commission for Europe The United Nations provides secretariat services to the Committee.

Article 3

Each year, at its first session, the Committee elects a Chairman and a Vice-Chairman.

Article 4

The Secretary-General of the United Nations convenes a Committee under the auspices of the Economic Commission for Europe whenever new Regulations or amendments to Regulations are required.

Article 5

The proposed new Rules are put to the vote. Each country, which is a Contracting Party to the Agreement, has one vote. A quorum of at least half of the Contracting Parties is required for decision-making. In order to determine the quorum, the regional economic integration organizations, which are Contracting Parties to the Agreement, participate in the voting, having the number of votes according to the number of their member States. A representative of a regional economic integration organization may cast votes for the sovereign States that are part of this organization. The draft new Rules are adopted by a two-thirds majority vote of the members present and voting.

Article 6

The proposed amendments to the Rules are put to the vote. Each country, which is a Contracting Party to the Agreement and applies this Rule, has one vote. A quorum consisting of at least half of the Contracting Parties applying these Rules is required for decision-making. In order to determine the quorum, the regional economic integration organizations, which are Contracting Parties to the Agreement, participate in the voting, having the number of votes according to the number of their member States. A representative of a regional economic integration organization may cast votes for those sovereign States that are members of that organization that apply these Rules. The draft amendments to the Rules are adopted by a two-thirds majority vote of the members present and voting.

Addendum 2

INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE

1. Authorized technical inspection centers are responsible for conducting control inspections, issuing a certificate of compliance with the inspection requirements contained in the relevant Regulation(s) attached to the Vienna Agreement of 1997, and indicating the last date of the next inspection in item No. 12.5 of the International Technical Inspection Certificate, a sample of which is given below. 2. The International Technical Inspection certificate contains the information listed below. It can be an A6 (148 x 105 mm) booklet with a green cover and white inner pages, or a green or white A4 (210 x 197 mm) sheet of paper folded to A6 format so that the section containing the distinctive sign of the State or the United Nations is on the front side. 3. The paragraphs of the Certificate and the text contained therein shall be printed in the national language of the Contracting Party issuing the Certificate, while maintaining the numbering of the items. 4. Alternatively, periodic inspection protocols applied by the Contracting Parties to the Agreement may be used. A sample of them shall be transmitted to the Secretary-General of the United Nations for the information of the Contracting Parties. 5. The entries in the International Technical Inspection Certificate are filled out by hand, using a typewriter or a computer in Latin letters only by the competent authorities.

Appendix 2 (continued)

CONTENTS OF THE INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE

_____________________________________________ (The administrative body responsible for conducting the technical inspection)

 __________________________________________________1 CERTIFICAT INTERNATIONAL DE CONTROLE TECHNIQUE 2

1 The title is "INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE" in the national language.  2 The name is in French.

Appendix 2 (continued)

INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE

1. License plate (registration) No...................... 2. Vehicle identification number.................................................. 3. First registration after manufacture (State, competent authority)1....................................... 4. Date of first registration after manufacture............. 5. Date of the technical inspection...................

CERTIFICATE OF CONFORMITY

6. This certificate is issued for a motor vehicle specified in items No. 1 and 2 and which, as of the date specified in item No. 5, corresponds to the Regulation(s) attached to the 1997 Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of Such Inspections. 7. The next technical inspection of a motor vehicle is carried out in accordance with the Rule(s) specified in item No. 6, no later than: Date: (month/year)......................................... 8. Issued.................................................. 9. In (location).............................................. 10. Date.................................................. 11. Signature............................................... 2

1 The competent authority and the State where the vehicle was first registered after manufacture, if such information is available.  2 The seal or stamp of the competent authority issuing the certificate.

Appendix 2 (continued)

12. Subsequent periodic technical inspection (Subsequent periodic technical inspections)1 __________________________________________________________________

12.1 Conducted (technical inspection center)2 .............

12.2 (printing) 12.3 Date ................................................ 12.4 Signature ............................................ 12.5 The next inspection is no later than (month/year)............ __________________________________________________________________

__________________________________________________________________

1 Paragraphs 12.1 - 12.5 are reproduced several times if the Certificate is intended to be used for subsequent annual periodic technical inspections.  2 The name, address, and state of the technical control center authorized by the competent authority.

I hereby certify that this text is a certified copy of the Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of Such Inspections, opened for Signature in Vienna on November 13, 1997, the original of which has been deposited by the Secretary-General of the United Nations.

Consul General (Deputy Secretary General for Legal Affairs) for the Secretary General

Hans Corell

New York, October 31, 1997

I hereby certify that this text is a certified copy of the certified copy of the Agreement on the Adoption of Uniform Conditions for Periodic Technical Inspections of Wheeled Vehicles and on the Mutual Recognition of Such Inspections, done in Vienna on November 13, 1997.

Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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