On the Ratification of the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts that Can be Installed and/or Used on Wheeled Vehicles, and on the Conditions for Mutual Recognition of Approvals Granted on the Basis of these Prescriptions

Home / RLA / On the Ratification of the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts that Can be Installed and/or Used on Wheeled Vehicles, and on the Conditions for Mutual Recognition of Approvals Granted on the Basis of these Prescriptions

On the Ratification of the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts that Can be Installed and/or Used on Wheeled Vehicles, and on the Conditions for Mutual Recognition of Approvals Granted on the Basis of these Prescriptions

The Law of the Republic of Kazakhstan dated June 30, 2010 No. 301-IV

To ratify the Agreement on the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts that Can be Installed and/or Used on Wheeled Vehicles and on the Conditions for Mutual Recognition of Approvals Granted on the Basis of these Prescriptions, concluded in Geneva on March 20, 1958.

President  Of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT ON THE ADOPTION OF UNIFORM TECHNICAL PRESCRIPTIONS FOR WHEELED VEHICLES, EQUIPMENT AND PARTS THAT CAN BE INSTALLED AND/OR USED ON WHEELED VEHICLES AND ON THE CONDITIONS FOR MUTUAL RECOGNITION OF OFFICIAL APPROVALS ISSUED ON THE BASIS OF THESE REGULATIONS */

(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 2, Article 18) (Entered into force on January 8, 2011)

Revision 2

(Includes amendments that entered into force on October 16, 1995)

THE UNITED NATIONS

________________

Former name of the Agreement:

Agreement on the Adoption of Uniform Conditions of Approval for the Mutual Recognition of the Approval of Items of Equipment and Parts of Motor Vehicles, concluded in Geneva on March 20, 1958.

The preamble

THE CONTRACTING PARTIES,

HAVING decided to amend the Agreement on the Adoption of Uniform Conditions of Approval and on the Mutual Recognition of the Approval of Items of Equipment and Parts of Motor Vehicles, concluded in Geneva on March 20, 1958, and

DESIRING to establish uniform technical regulations that certain wheeled vehicles, items and equipment and parts must comply with in order to be used in the countries of their manufacture,

DESIRING to adopt these technical regulations, if possible, in their respective countries, and

DESIRING to facilitate the use in their countries of vehicles, equipment and parts officially approved on the basis of these regulations by the competent authorities of the other Contracting Party,

WE have AGREED on the following:

Article 1

1. The Contracting Parties shall establish, through an Administrative Committee composed of all Contracting Parties, in accordance with the rules of procedure set out in Appendix 1 and on the basis of the provisions contained in the following articles and paragraphs. Rules for wheeled vehicles, items of equipment and parts that can be installed and/or used on wheeled vehicles. If necessary, the technical requirements will include alternatives and, if possible, will be performance-oriented and include a description of test methods. The conditions for granting type approvals and their mutual recognition will be included for their use by those Contracting Parties that decide to apply these Regulations through type approval.

___________________ _*/ Former name of the Agreement: Agreement on the Adoption of Uniform Conditions of Approval for the Mutual Recognition of the Approval of Items of Equipment and Parts of Motor Vehicles, concluded in Geneva on March 20, 1958.

For the purposes of this Agreement:

The term "wheeled vehicles, equipment and parts" includes any wheeled vehicles, equipment and parts whose characteristics have an impact on road safety, environmental protection and energy savings.;

The term "type approval based on the Regulation" refers to the administrative procedure by which the competent authorities of a Contracting Party, after carrying out the necessary checks, declare that the vehicle, equipment or parts provided by the manufacturer comply with the requirements of these Regulations. Subsequently, the manufacturer certifies that all vehicles, equipment and parts that appeared on the market were manufactured in full compliance with the officially approved type.

For the purposes of applying these Regulations, various administrative procedures may be used instead of the approval procedure. The only well-known administrative procedure used in some member States of the Economic Commission for Europe is the self-certification procedure, through which the manufacturer certifies, without any prior administrative control, that each product on the market complies with the provisions of these Regulations.; by random inspection on the market, the competent administrative authorities can verify the conformity of products officially approved on the basis of the self-certification procedure with the requirements of these Regulations. "

2. The Administrative Committee shall be composed of all Contracting Parties in accordance with the rules of procedure set out in Appendix 1. After the Rules have been established in accordance with the procedure set out in Appendix 1, the Administrative Committee shall transmit them 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 these Regulations as soon as possible.

The Rules are considered accepted if, within six months from the date of notification by the Secretary-General, more than one third of the Contracting Parties that are such at the time of notification do not inform the Secretary-General of their disagreement with these Rules.

The rules cover the following aspects:

(a) relevant wheeled vehicles, equipment or parts;

(b) technical requirements, which may include alternatives, if necessary;

(d) conditions for granting design type approvals and their mutual recognition, including any approval marks and conditions for ensuring product compliance with specified requirements;

(e) the effective date(s) of these Regulations.

The Regulations may, if necessary, provide references to laboratories accredited by the competent authorities where acceptance tests of types of wheeled vehicles, equipment or parts submitted for approval are to be carried out.

3. After the adoption of the Regulations, 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 of them these Regulations will not enter into force.

4. The adopted Rules shall enter into force on a date(s) determined by them as Rules attached to this Agreement for all Contracting Parties that have not notified their disagreement.

5. 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 or that it is not bound by any of them. If, at that time, the procedure provided for in paragraphs 2, 3 and 4 of this article is already being carried out with respect to any draft Regulation or adopted Regulation, the Secretary-General shall transmit that draft or adopted Regulation to the new Contracting Party and they shall enter into force as Regulations for the new Contracting Party only under the conditions specified in paragraph 4 of this article. The Secretary-General shall notify all Contracting Parties of the date of entry into force of these Regulations. The Secretary-General shall also bring to their attention all declarations of non-application of certain Rules that any Contracting Party may make in accordance with the provisions of this paragraph.

6. Any Contracting Party applying certain Rules may at any time notify the Secretary-General one year in advance that its Administration intends to terminate their application. The Secretary-General shall transmit such notification to the other Contracting Parties.

The granted approvals are valid until they are cancelled.

If any Contracting Party ceases to issue approvals on the basis of any Regulations, it:

Ensures proper control over the conformity of production of products for which it has previously granted type approval.;

Shall take the necessary measures set out in Article 4 in the event of receiving a notification of non-compliance from any Contracting Party that continues to apply these Rules.;

Continues to notify the competent authorities of the other Contracting Parties of the cancellation of the approvals as provided for in Article 5.;

continues to provide distribution of existing approvals.

7. Any Contracting Party that does not apply certain Rules may at any time notify the Secretary-General that it intends to apply them in the future; subsequently, these Rules will enter into force for that Party on the sixtieth day after such notification. The Secretary-General shall notify all Contracting Parties of each case of entry into force of the Regulations for a new Contracting Party in accordance with the provisions of this paragraph.

8. In the future, the Contracting Parties in respect of which any Rules apply will be referred to as "Contracting Parties Applying the Rules."

Article 2

Each Contracting Party applying the Regulation primarily through type approval shall grant type approvals and approval marks described in any Regulation for those types of wheeled vehicles, equipment or parts to which these Regulations apply, provided that it has the technical competence and is satisfied with measures to ensure that this product conforms to the approved type, as provided in Appendix 2. Each Contracting Party applying the Regulation through type approval shall refuse to grant type approvals and approval marks to which these Regulations apply if the above conditions are not fulfilled.

Article 3

Wheeled vehicles, items of equipment or parts for which a Contracting Party has granted type approvals in accordance with Article 2 of this Agreement and which were manufactured either in the territory of the Contracting Party applying the Regulations or in the territory of another country designated by the Contracting Party that has duly approved the types of wheeled vehicles in question. vehicles, items of equipment or parts will be deemed to comply with the laws of all Contracting Parties., applying the specified Rules through type approval.

Article 4

If the competent authorities of a Contracting Party applying the Regulation through Type Approval discover that some wheeled vehicles, equipment or parts bearing approval marks assigned in accordance with the said Regulation to one of the Contracting Parties do not conform to the approved types, they shall notify the competent authorities of the Contracting Party accordingly. the party that granted the approval. That Contracting Party shall take the necessary measures to bring these products into conformity with the approved types and notify the other Contracting Parties applying the Regulation through type approval of the measures it has taken, which may include, if necessary, the withdrawal of the approval. If there is a possible threat to road safety or the environment and after receiving information about non-compliance with the approved type(s), the Contracting Party that issued the approval shall, as a result, inform all other Contracting Parties of the situation. The Contracting Parties may prohibit on their territory the sale and use of such wheeled vehicles, equipment or parts.

Article 5

The competent authorities of each Contracting Party applying the Regulation through type approval shall send monthly to the competent authorities of the other Contracting Parties a list of wheeled vehicles, equipment or parts whose approval has been refused or whose approval has been withdrawn during that month.; In addition, upon receipt of a request from the competent authority of the other Contracting Party applying the Regulation through type approval, they shall immediately send to that competent authority all relevant information in support of their decision to grant, refuse or revoke the approval of a wheeled vehicle, equipment or parts based on these Regulations.

Article 6

1. 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 Commission's terms of reference, and regional economic integration organizations established by the member States of the Economic Commission for Europe to which their member States have delegated authority on matters covered by this Agreement, including The powers to take decisions binding on their Member States may become Contracting Parties to this Agreement.

For the purpose of determining the number of votes referred to in paragraph 2 of article 1 and paragraph 2 of Article 12, regional economic integration organizations shall vote with the number of votes of their member States that are members of the Economic Commission for Europe.

2. Member countries of the United Nations 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 the authority to make binding decisions. for their Member States, may become Contracting Parties to this Agreement.

For the purpose of determining the number of votes referred to in paragraph 2 of articles 1 and paragraph 2 of article 12, regional economic integration organizations shall vote with the number of votes of their Member States that are Members of the United Nations.

3. Accession to the Agreement as amended by new Contracting Parties that are not Parties to the 1958 Agreement shall be effected by depositing the relevant document with the Secretary-General after the entry into force of the Agreement as amended.

Article 7

1. The amended Agreement shall be deemed to enter into force nine months after its transmission by the Secretary General to all Contracting Parties to the 1958 Agreement.

2. The amended Agreement shall not be deemed to enter into force if the Contracting Parties to the 1958 Agreement express any objection within a period of six months from the date of its transmission to them by the Secretary General.

3. For any new Contracting Party acceding to this Agreement as amended, the amended Agreement shall enter into force on the sixtieth day following the date of deposit of the instrument of accession.

Article 8

1. Any Contracting Party may denounce this Agreement by sending a notification to the Secretary General.

2. The denunciation shall take effect twelve months after the date of receipt by the Secretary-General of such notification.

Article 9

1. Any new Contracting Party defined in Article 6 of this Agreement may, at the time of accession or at any subsequent time, declare by notification addressed to the Secretary-General that this Agreement applies to all or any territories for whose foreign relations it is 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.

2. Any new Contracting Party defined in Article 6 of this Agreement, which has made, in accordance with paragraph 1 of this Article, a declaration extending the operation of this Agreement to any Territory for whose foreign relations it is responsible, may denounce the Agreement separately in respect of this territory in accordance with the provisions of Article 8.

Article 10

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 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 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 11

1. Each new Contracting Party may, upon accession to this Agreement, declare that it does not consider itself bound by Article 10 of the Agreement. The other Contracting Parties will not be bound by Article 10 in respect of any new 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 withdraw it at any time by notifying the Secretary-General accordingly.

3. No other reservations to this Agreement or to the Rules proposed thereto are permitted, however, any Contracting Party may, in accordance with the provisions of Article 1, declare that it does not intend to apply certain Rules or that it does not intend to apply any of them.

Article 12

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 paragraph 2 of Article 1, in accordance with the procedure specified in Appendix 1. If necessary, the amendment may include existing requirements as an alternative. The Contracting Parties indicate which alternatives they will apply within the framework of the Rules. Contracting Parties applying an alternative option(s) under the Rules are not bound by the obligation to recognize approvals granted on the basis of the previous alternative option(s) under the same Rules. Contracting Parties applying only the most recent amendments are not bound by the obligation to recognize approvals granted on the basis of previous amendments or on the basis of Regulations without amendments. Contracting Parties applying a Regulation with an earlier series of amendments or a Regulation without amendments shall recognize the approvals granted in accordance with a series of amendments made later. After the adoption of the amendment to the Rules, the Administrative Committee sends it to the Secretary General. Thereafter, the Secretary-General shall notify the Contracting Parties applying these Regulations of this amendment as soon as possible.

2. An amendment to the Rules is considered accepted if, within six months from the date of notification to the Secretary-General, more than one third of the Contracting Parties applying these Rules at the time of notification do not inform the Secretary-General of their disagreement with this amendment. If, after this period of time, the Secretary-General has not received a statement of disagreement from more than one third of the Contracting Parties applying the Rules, the Secretary-General shall announce as soon as possible that the amendment is considered accepted and binding on those Contracting Parties applying the Rules that have not expressed their disagreement with it. If an amendment is made to the Regulation and at least one fifth of the Contracting Parties applying the Rules without the amendment subsequently declare that they prefer to continue to apply the Rules without the amendment, the Rules without the amendment will be considered as an alternative to the Rules with the amendment and will be officially incorporated into the Regulation as such, and they 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 these Rules shall have 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 Regulations and its entry into force, these Regulations 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 to that Party by the Secretary-General of the proposed amendment.

Article 13

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 notify all other countries referred to in paragraph 1 of Article 6 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 objection to the proposed amendment. If an objection is raised to the proposed amendment, it is considered rejected and has no effect. In the absence of objections, 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 14

In addition to the notifications referred to in Articles 1, 12 and 13 of this Agreement, the Secretary-General shall notify the Contracting Parties:

(a) cases of accession in accordance with Article 6;

(b) the dates of entry into force of this Agreement in accordance with Article 7;

(d) Notifications received in accordance with Article 9;

(e) declarations and notifications received in accordance with paragraphs 1 and 2 of Article 11;

(f) the entry into force of any amendment in accordance with paragraphs 1 and 2 of article 12;

(g) the entry into force of any amendment in accordance with paragraph 3 of article 13.

Article 15

1. If, on the date of application of the provisions set out above, the procedures provided for in paragraphs 3 and 4 of Article 1 of the Agreement, without amendments, have been initiated with a view to adopting new Rules, these new Rules shall enter into force in accordance with the provisions of paragraph 5 of the said article.

2. If, on the date of application of the provisions set out above, the procedures provided for in paragraph 1 of Article 12 of the Agreement without amendments have been initiated with a view to adopting an amendment to any Rules, this amendment shall enter into force in accordance with the provisions of the said article.

3. If all Contracting Parties to this Agreement agree, any Rules adopted in accordance with the provisions of the Agreement without amendments may be considered as Rules adopted in accordance with the provisions set out above.

Addendum 1

COMPOSITION AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE

Article 1

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

Article 2

The Executive Secretary of the United Nations Economic Commission for Europe 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 a 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 a vote for the sovereign States that are members 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 these Rules, 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 a vote 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

CONFORMITY OF PRODUCTION METHODS

1. INITIAL ASSESSMENT

1.1. The competent authority of a Contracting Party granting the approval must, before granting the type approval, verify the existence of satisfactory measures and procedures for the type of construction, verify the existence of satisfactory measures and procedures to ensure effective control so that vehicles, equipment or parts in the manufacturing process comply with the approved type.

1.2. Compliance with the requirement provided for in paragraph 1.1. shall be verified by the type approval authority and may also be verified on behalf of and at the request of the type approval authority by the competent authority of the other Contracting Party granting the approval. In this case, the competent authority mentioned by the latter prepares a confirmation of conformity, which notes that the specified zones and production units correspond to the production conditions of the product(s) subject to type approval.

1.3. The competent authority granting approvals should also recognize the manufacturer's registration under the agreed ISO 9002 standard (the scope of which covers the product(s) to be approved) or a similar accreditation standard that meets the requirements of paragraph 1.1. The manufacturer should provide detailed information about the registration and inform the competent authority granting the approval., any changes to the term or scope of this registration.

1.4. Upon receipt of a request from the competent authority of the other Contracting Party, the approval authority then sends the confirmation of conformity referred to in the last sentence of paragraph 1.2., or informs that it is unable to provide such confirmation.

2. PRODUCTION COMPLIANCE

2.1. Any vehicle, piece of equipment or part approved in accordance with the Regulations annexed to this Agreement must be manufactured in such a way that they conform to the approved type, meeting the requirements set out in this appendix or the above-mentioned Regulations.

2.2. The competent authority of a Contracting Party granting type approval in accordance with the Regulations annexed to this Agreement must verify that adequate measures and documented inspection plans are in place, which must be agreed with the manufacturer for each approval, in order to carry out, at specified intervals, such tests or appropriate inspections as are necessary for checks of permanent conformity to the approved type, including, in particular, where appropriate, tests, specified in the mentioned Rules.

2.3. The holder of the approval must, in particular:

2.3.1. ensure that procedures are in place for effective control of the conformity of products (vehicles, equipment or parts) to the approved type.;

2.3.2. have access to the necessary control equipment to verify the conformity of each approved type.;

2.3.3. ensure that the data on the test results are recorded and the attached documents are stored for a period of time to be determined in consultation with the competent authority granting the approval. This period should not exceed 10 years.;

2.3.4. analyze the results of each type of test in order to verify and maintain stable product characteristics, taking into account deviations allowed in industrial production conditions.;

2.3.5. Ensure that each type of product is subjected to at least the inspections prescribed in this appendix and the tests prescribed in the applicable Regulations.;

2.3.6. ensure that in the event of manufacturing inconsistencies detected during this type of test on any sample of samples or test parts, a new sample of samples is carried out and new tests are carried out. In this regard, all necessary measures should be taken to restore the conformity of production.

2.4. The competent authority which has granted the type approval may at any time verify the conformity of the applied control methods for each production unit. The usual frequency of these inspections should be consistent with the measures (if any) provided for in paragraph 1.2. or 1.3. of this appendix, and should ensure that the relevant controls are reviewed after a period of time appropriate to the atmosphere of trust created by the competent authority.

2.4.1. At each inspection, the inspector must be provided with test reports and production logs of technical control.

2.4.2. If the nature of the test is adequate, the inspector may make an arbitrary selection of samples, which are checked in the manufacturer's laboratory (or by the technical service, if this is provided for by the Rules attached to this Agreement). The minimum number of samples can be determined based on the results obtained during the inspection by the manufacturer himself.

2.4.3. If the level of control is unsatisfactory, or it seems necessary to verify the correctness of the tests carried out in accordance with paragraph 2.4.2., the inspector must select samples, which are sent to the technical service conducting the tests for type approval.

2.4.4. The competent authority granting the approval may carry out any inspection or tests prescribed in this appendix or in the applicable Regulations annexed to this Agreement.

2.4.5. If unsatisfactory results are obtained during one of the inspections, the competent authority granting the approval must ensure that all necessary measures are taken immediately to restore conformity of production.

I hereby certify that this text is a certified copy of the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts that Can be Installed and/or Used on Wheeled Vehicles, on the Conditions for Mutual Recognition of Approvals Granted on the Basis of these Prescriptions in English, French and Russian, concluded in Geneva, March 20, 1958, the original of which was deposited with the Secretary-General of the United Nations.

Director of the Contract Section Legal Bureau Palisa T.B.Kohona

New York, August 2005

President

Republic of Kazakhstan

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