On The Agreement Concerning The Adoption Of Uniform Conditions For The Homologation

Original Language Title: o Dohodě o přijetí jednotných podmínek pro homologaci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=29914&nr=176~2F1960~20Sb.&ft=txt

176/1960 Coll.



DECREE



Minister of Foreign Affairs



from day 4. November 1960



on the agreement concerning the adoption of uniform conditions for the homologation (authentication

conformity) and on mutual recognition of approved equipment and components

of motor vehicles



Change: 42/1996 Coll.



On 20 April. March 1958 was negotiated in Geneva Agreement concerning the adoption of uniform

conditions for the homologation (conformity) and on the mutual recognition of

approval of equipment and components for motor vehicles.



Czechoslovakia acceded to the agreement, subject to article 11/1

The agreement that is not beholden to the provisions of article 10 of the agreement.



President of the Republic signed the instrument of accession of Czechoslovakia to the agreement

with the above mentioned subject to 30 November 2005. March 1960. The instrument of accession was

stored on 12 June 2006. May 1960 with the Secretary-General of the Organization

of the United Nations.



According to article 7 of the Agreement for the Czechoslovak entered

Socialist Republic entered into force on 11 March 2006. July 1960.



The Czech version of the agreement shall be published at the same time.



David v.r.



The AGREEMENT



concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment

and parts which can be fitted and/or used on wheeled vehicles, and

the conditions for reciprocal recognition of homologation, granted on the basis

These rules ^ ^ *)



Introductory provisions



The Contracting Parties,



guided by the decision to change the agreement concerning the adoption of uniform conditions for the

and on mutual recognition of approved equipment and components

motor vehicles, done at Geneva on 20 April. in March 1958, and



Desiring to define uniform technical rules that must be met for

certain wheeled vehicles, equipment and parts is sufficient to

(s) could be used (s) in their countries, and desiring to adopt in

their respective States this rule whenever possible, and



Desiring to facilitate the use of the vehicles in their countries, equipment and

parts homologated according to these rules, the competent authorities of other

the Contracting Parties, have agreed as follows:



Article 1



1. the Administrative Committee, created by all the Contracting

the parties, the rules of procedure set out in Appendix 1 and on the basis of

the following articles and paragraphs, Regulations for the Contracting Parties

wheeled vehicles, equipment and parts which can be fitted to and/or used

on wheeled vehicles. Where necessary, the technical requirements will be

include alternatives and, whenever possible, will be aimed at

properties and will determine the test method. For Contracting Parties which

they decide to take the system type homologation Regulations are intended

conditions for granting type homologation, and for their mutual

the recognition.



For the purposes of this agreement:



The term "wheeled vehicles, equipment and parts" includes all wheel

vehicles, equipment and parts whose characteristics are involved in

road safety, environmental protection and conservation

energy.



The term "type approval according to a regulation" is the official

the procedure whereby the competent authorities of one Contracting Party after the desired

Verify declares that the vehicle, equipment or parts supplied by the manufacturer shall carry out

the requirements of the given regulation. Subsequently, the manufacturer confirms, that each

vehicle, equipment or part placed on the market, have been made so as to

are identical to the certified product.



In the application of Legislation, there may be various administrative procedures as

an alternative to the type homologation. The only generally known alternative

the procedure, used by some Member States of the European economic

the Commission is, where the manufacturer self-certification without previous official controls

certify that each of the products they place on the market complies with the

Prescription; the competent administrative authorities may accidental sampling on the market

Verify that products meet the requirements of the autocertifikované

Prescription.



2. the Executive Committee will be created from all of the parties according to the procedural

the rules, set out in Appendix 1. After drawing up a regulation

the procedure indicated in Appendix 1, forward it to the Administrative Committee to the General

the Secretary-General of the United Nations, also known as

"the Secretary-General". Then sends the Secretary-General of the notification of this

Regulation as soon as possible to the Contracting Parties. Prescription shall be deemed

If adopted in a period of six months from the date of the General

the Secretary said, does not inform the Secretary-General of their disagreement with the

Regulation of more than one-third of the contracting parties existing at the time

the notification. Regulation provides the following:



a) wheeled vehicles, equipment or parts concerned;



(b)) the technical requirements, which may include alternatives;



c) test procedures, proving compliance with the requirements of the

characteristics of the product;



d) conditions for granting type-approval and mutual recognition,

including any approval markings and conditions for ensuring

the conformity of production;



e) date (s) when this regulation enters into force.



Prescription may include references to laboratory, responsible for

the competent authorities, which shall carry out the homologation tests

the types of wheeled vehicles, equipment and parts, passed to the homologation.



3. When the Prescription is received, it shall notify the Secretary-General as

soon as possible to all parties together with an indication that the Contracting Parties have raised

reservation and for which the regulation enters into force.



4. For all Contracting Parties which did not notify their disagreement,

the adopted Regulation shall enter into force as of prescription, which is annexed

This agreement, on the date stated therein.



5. Any new Contracting Party may, when depositing its instrument of accession

declare that it is not bound by some Provisions that are at that time

the annex to this agreement, or that is not bound by any of them. If

just the procedure under paragraphs 2, 3 and 4 of this article on the application or

adopted Regulation, the Secretary-General shall forward such a proposal or adopted

Prescription of the new party and the entry for the new Contracting Party in

the validity of the regulation, under the conditions laid down in paragraph 4 of this

article. The Secretary-General shall notify all Contracting Parties of the date of this

entry into force. The Secretary General shall send them a statement of

non-acceptance of certain rules that may make under this paragraph

any of the Contracting Parties.



6. Any Contracting Party applying a regulation may at any time with the

one year's notice to notify the Secretary-General of its

the administrative authority intends to stop this Regulation apply. This

the notification by the Secretary General shall send to the other Contracting Parties.



Approval, granted by that Contracting Party, shall remain in force in their

the withdrawal.



If a contracting party ceases to issue approval according to

a prescription is required to:



maintain proper supervision on conformity of production of the products previously

granted a type homologation;



take the necessary measures according to article 4 in the event that a Contracting Party

that continues in the application of legislation, shall notify the non-conformity;



notify the competent authorities of the other Contracting Party

decision to withdraw the homologation in accordance with article 5;



continue to grant extensions to existing homologacím.



7. each Contracting Party which is not applied a regulation may at any time

notify the Secretary-General that it intends henceforth to apply it, and

The code for the entry into force of this side of the 60th day after this

the notification. The Secretary-General shall notify all Contracting Parties of each input

the entry into force of a regulation for the new Contracting Party under this

paragraph.



8. the Contracting Parties for which a regulation entered into force,

hereinafter referred to as "the Contracting Parties applying a regulation".



Article 2



Each Contracting Party which applies the rules for type homologation, it is

obligation to grant type-approval and approval markings as described in

any regulation of the types of wheeled vehicles, equipment or parts to which

Regulation applies, provided that it is technically

eligible and that acknowledges the measures to ensure the conformity of the product with the

homologated type according to the provisions of Appendix 2. If you are not from the top

those conditions are satisfied, any Contracting Party which applies

a regulation to type homologation, shall refuse to grant type-

homologation and certification marks under this regulation.



Article 3



For wheeled vehicles, equipment or parts which were party to the

exposed type-approval pursuant to article 2 of this agreement and that are

manufactured either in the territory of the Contracting Party which applies

the prescription, or in another State indicated by the Contracting Party that

the types of wheeled vehicles, equipment or parts properly

homologovala, it is considered that they are in accordance with the legislation of all

the Contracting Parties, where that provision when you type homologation.



Article 4



Where the competent authorities of the Contracting Party which applies a specific

Prescription for type homologation, that certain wheeled vehicles, equipment or

the part bearing the type approval mark assigned by the relevant Regulation

one of the parties, in conformity with the approved types of alerts

to the competent authorities of the Contracting Party which has granted the homologation. This


a Contracting Party is obliged to take the necessary measures to ensure that such

restore the conformity of the products with the manufacturers approved types, and is required to

notify the other Contracting Parties applying the rule type

the homologation, the measures it has taken. These measures may in the case of

the need to include the withdrawal of approval. After receiving information about the

non-conformity with the type certified, and if it could endanger the

road safety or to the environment, it is

a Contracting Party which has granted the homologation, to this fact,

inform all the other Contracting Parties. The Contracting Parties may, at its

territory ban the sale and use of such wheeled vehicles, equipment or

parts.



Article 5



The competent authorities of each Contracting Party, which applies the regulations to

type homologation shall send monthly to the competent authorities of other

of the parties a list of wheeled vehicles, equipment or parts which in

This month refused to grant or withdrawn homologation; If it receives a

a request from a competent authority of another Contracting Party which applies

a regulation to type homologation, in addition, the competent authority is obliged to

that competent authority immediately send a copy of all necessary

the information on the basis of which decided to grant, refuse to grant or

withdraw the homologation of a wheel of the vehicle, equipment or part according to the

such a regulation.



Article 6



1. States which are members of the Economic Commission for Europe, States,

admitted to the Commission in an advisory capacity according to paragraph 8 of this

the Commission and the regional economic integration organizations, created by

Member States of the Economic Commission for Europe to which their Member

States have transferred powers in the fields covered by this agreement, including

powers of enforcement of binding decisions on behalf of its Member States,

may become Contracting Parties to this agreement. When determining the number of votes

According to article 1 (1). 2, and article 12, paragraph 1. 2 vote by regional organisations

the economic integration of the number of votes of their Member States that are

members of the Economic Commission for Europe.



2. States which are members of the United Nations, and which may

participate in certain activities of the Economic Commission for Europe pursuant to paragraph

11 of the mandate of this Commission, and regional economic integration organizations

such States to which their Member States have transferred competence

governed by this agreement, including the authority to exercise binding decisions

on behalf of its Member States, may become Contracting Parties to this

the agreement.



When determining the number of votes referred to in article 1 (1). 2, and article 12, paragraph 1. 2

regional economic integration organisations shall vote with a number of votes of their

Member States which are members of the United Nations.



3. after the entry into force of the amended agreement, States may not

the Contracting Parties to the 1958 Agreement to the changed agreement

by depositing an instrument with the Secretary-General.



Article 7



1. The amended agreement will be considered valid after the expiration of the nine

months from the date of its circulation by the Secretary-General to all the Contracting

the parties to the 1958 Agreement.



2. The amended Agreement shall not be regarded as valid, unless the Contracting

the parties to the 1958 Agreement expresses any reservation in period of six

months from the date on which it has sent to the Secretary General.



3. any new Contracting Party acceding to this

the amended Agreement, this amended Agreement shall enter into force on the sixtieth day after the

the date on which that Contracting Party has deposited the instrument of accession.



Article 8



1. each Contracting Party may denounce this agreement by notification

to the Secretary-General.



2. Denunciation shall take effect on the expiry of twelve months from the date on which

the Secretary General has received the notification.



Article 9



1. Any new Contracting Party pursuant to article 6 of this agreement, when approach

to this agreement, or at any time thereafter by notification addressed to the

Secretary-General to declare that this agreement will be applied to all or

some of the areas for which he is responsible in international relations. The agreement

in the territory, referred to or described in the notice, will expand after 60

days of the date on which the Secretary General has received the notification.



2. Any new Contracting Party pursuant to article 6 of this agreement, which, according to

paragraph 1 of this article announced the extension of the validity of this agreement on the

any of the territories for which it is responsible in international relations, may

Denounce this territory separately according to the provisions of article 8.



Article 10



1. Any dispute between two or more Contracting Parties as regards the interpretation

or implementation of this agreement will be resolved by negotiation between them.



2. Any dispute which is not resolved by negotiation, subject to arbitration

procedure, if one of the Contracting Parties in dispute so requests, and

It will then be submitted to one or more arbitrators, selected in the

mutual agreement between the parties in dispute. If the parties to the dispute within three

months from the submission of the request for arbitration, agree on the appointment of the

the arbitrator or arbitrators, any of those parties may request the

the Secretary-General to appoint a single arbitrator to whom the dispute shall be

submitted for decision.



3. the arbitrator or arbitrators designated under paragraph 2 of this

Article, the Contracting Parties in dispute to binding.



Article 11



1. Any new Contracting Party may, when access to this agreement, declare

that is not to be bound by article 10 of this agreement. The other Contracting

Parties shall not be bound by article 10 against any new Contracting Party,

that has made such a reservation.



2. each Contracting Party shall make a reservation in accordance with paragraph 1 of this

Article may at any time withdraw such reservation by notification addressed to the

to the Secretary-General.



3. No other reservation to this agreement or to the rules, which are

attached, shall not be admitted; each party has but according to article 1 of the

the ability to declare that he does not intend to use one of those rules or that the

does not intend to take any of them.



Article 12



The regulations, which are attached to this agreement may be amended

use the following procedure:



1. amendments to Legislation accepts the Administrative Committee referred to in article 1 (1). 2, and

This procedure according to Appendix 1. If required, change the include

the existing requirements as an alternative. The Contracting Parties are obliged to

to determine which alternatives will be used. The Contracting Parties,

apply an alternative one Act, not be obliged to recognise

homologation according to previous alternatives of the same regulation. The Contracting Parties,

that apply to only the most recent changes, are not obliged to recognise

homologation according to previous changes or according to the unchanged legislation. The Contracting

by applying an earlier series of amendments or the unamended Regulation, are

be obliged to recognise approval, granted in a later series of amendments. After the adoption of the

changes to the regulation of the Administrative Committee to the Secretary-General.

The Secretary General of such amendment as soon as possible notify the Contracting

Parties which apply this regulation.



2. amendment of the Regulation shall be deemed to be accepted if within six months

from its notification by the Secretary-General does not inform the

the Secretary-General, more than one third of the parties that apply

Prescription at the time of notification of its nesouhlase with the change. If, after this

period, the Secretary-General has not received declarations of disagreement of more than

one-third of the Contracting Parties applying this regulation, it shall

change as soon as possible to be accepted and binding for the Contracting Parties,

applying this regulation and which have not notified objections against change.

If the Prescription changed and at least one-fifth of the Contracting Parties

apply the unamended Regulation subsequently declare that they wish to continue

unamended Regulation, the unamended Regulation for

an alternative to the amended regulation and, as such, will be formally

incorporated into the regulation with effect from the date of acceptance of the amendment or of the date of

its entry into force. In this case, the obligations of the

Parties which apply this regulation, by the same, as set out in paragraph 1.



3. If new Contracting Party to this agreement in the period between

the Secretary General shall notify the draft amendment regulation and the entry of this change

into force, the regulation for the contracting party enters into force

by the time two months after officially accepts the change, or until the two

months after the expiry of six months from the date when that Contracting Party

the Secretary General has sent a proposed amendment.



Article 13



The text of their own agreement and its appendices may change the following

the procedure:



1. each Contracting Party may propose one or more amendments to this

Agreement and its appendices. The text of any proposed amendment to the agreement and the

the appendices shall be forwarded to the Secretary-General of the United Nations,

It shall circulate to all Contracting Parties and inform all other countries

referred to in article 6 (1). 1 of this agreement.



2. any proposed amendment circulated under paragraph 1 of this article,

shall be deemed to be accepted if no Contracting Party has failed to communicate the reservation to the

six months from the date on which the Secretary-General shall circulate the draft amendments.



3. The Secretary-General shall notify as soon as possible all Contracting Parties whether


the draft amendment was communicated to the reservation. If the design changes are communicated to the

reservation, it shall be deemed that the change was not accepted, and that the amendment shall not enter

force. If they are not disclosed to any such objections, the amendment enters

into force for all Contracting Parties three months after the expiry of the

the six-month period laid down in paragraph 2 of this article.



Article 14



In addition to the communication on the basis of articles 1, 12 and 13 of this agreement, shall notify the General

Secretary to the Contracting Parties:



and according to article 6);



(b)) date agreement enters into force pursuant to article 7;



(c) denunciations under article 8);



(d) notifications received by) article 9;



e) declarations and notifications received under article 11 (1) 1 and 2;



(f) each change according to the input) article 12, paragraph 1. 1 and 2 come into force;



(g)) entry of any amendment under article 13 para. 3 enter into force.



Article 15



1. If at the time when the above provisions shall enter into force,

is the adoption of the new regulation of the procedure laid down in article 1 (1). 3 and 4

unchanged, this new Agreement will enter into force according to the provisions of the Regulation

paragraph 5 of that article.



2. If at the time when the above provisions shall enter into force,

is the procedure the adoption of amendment to a regulation pursuant to article 12 paragraph 2. 1

unchanged, this change in the Agreement shall enter into force under the provisions of

of that paragraph.



3. with the consent of all the Contracting Parties to the agreement can be any

Regulation, adopted according to the unchanged agreement, considered Prescription, adopted in

the terms of the above provisions.



In witness whereof, the duly authorised to do so, have signed this

The agreement.



Done at Geneva, this twenty-nine hundred and fifty-eight thousand March in one

original in the English and French languages, both texts being

just as valid.



Appendix 1



Composition and rules of procedure of the Administrative Committee



Article 1



The Administrative Committee is made up of members of all the Contracting Parties to the amended agreement.



Article 2



The Executive Secretary of the United Nations Economic Commission for Europe

Nations Administrative Committee provides secretariat services.



Article 3 of the



At its first session each year, elect a Chairman and Committee

Vice-Chairman.



Article 4 of the



The Secretary-General of the United Nations shall convene under the auspices of

The Committee of the Economic Commission for Europe whenever it requires the development

the new regulation or amendment to a regulation.



Article 5



On the draft of the new regulations will be put to vote. Each State party shall

The agreement shall have one vote. For the adoption of a decision is the necessary number of votes

at least one half of the Contracting Parties. When determining the required

the number of votes of regional economic integration organizations vote that

Parties to the agreement, the number of votes of their Member States.

A representative of the regional economic integration organization may express

the voices of the sovereign States that make up the organization. Proposals for new

Regulations shall be by a two thirds majority of those present and voting.



Article 6 of the



On draft amendments to Regulations shall be voted on. Any State which is a Contracting

party to the agreement and applying such a provision, shall have one vote. For the adoption of

decisions are needed the votes of at least one half of the Contracting Parties,

where such a prescription. Regional economic organization

integration, which are Contracting Parties to the agreement, vote in

determining the number of votes cast the number of votes of their Member States.

A representative of the regional economic integration organization may express

the voices of the sovereign States that apply such a Provision and that

your organization can create. Changes in regulations shall be adopted by a two-thirds

a majority of those present and voting.



Appendix 2



Conformity of production



1.



HOME REVIEWS



1.1. before it grants the homologation, it is homologující the authority of the Contracting Party

required to verify the existence of satisfactory arrangements and procedures for ensuring

for effective control, so that vehicles, equipment or parts are identical

with the homologated type.



1.2. the authority which has granted type-approval, must verify that they have been

the requirements in paragraph 1.1.; These requirements, however, can also

on behalf of and at the request of the authority granting the homologation, verify

homologující authority of the other Contracting Party. In this case, this second

homologující authority shall issue a statement of compliance with an indication of the areas and

the production facilities that found as appropriate in terms of products,

to be type-approved.



1.3. the Homologující authority must also accept the manufacturer's

registration according to the harmonised standard ISO 9002 (the scope of which the validity of the

apply to products to be approved), or from other

the appropriate accreditation standards such as compliance with the requirements of paragraph 1.1.

The manufacturer must provide details of the registration and undertake to

homologující will notify any changes to the validity of the

registration or its range.



1.4. On receiving an application from the authority of another Contracting Party shall send him

homologující authority immediately of the Declaration of compliance, which is mentioned in the

the last sentence of paragraph 1.2 or advise that it is not such a

a statement.



2.



CONFORMITY OF PRODUCTION



2.1. every vehicle, equipment or part approved according to Regulation,

which is annexed to this agreement, shall be made so as to reflect the

homologovanému type that meets the requirements of this appendix, and

considered prescription.



2.2. the Homologující authority of the Contracting Party which has granted the type-

homologation according to a regulation annexed to this agreement, it is

required to verify that adequate arrangements exist, and each

the homologation is obliged to agree with the producer documented control

plans of the tests or associated checks necessary to verify

lasting conformity to certified type and within the deadlines which

shall, where appropriate, include tests laid down in the relevant regulation.



2.3. The holder of the approval shall in particular:



2.3.1. ensure the existence of procedures for effective control of conformity of products

(vehicles, equipment or parts) to the type homologation;



2.3.2. have access to the control equipment necessary for checking the

the conformity of each type homologovaného;



2.3.3. ensure that test results ' data are recorded and that

period to be determined in agreement with the homologujícím authority have been available

accompanying documents. This period shall not exceed 10 years;



2.3.4. analyse the results of each type of test, in order to verify and

ensure the stability of the product characteristics, the permissible tolerances

industrial production;



2.3.5. ensure that for each type of product at least the tests are carried out

prescribed in this appendix and the tests prescribed in the relevant

Regulations;



2.3.6. ensure that any sampling or test pieces

that shows during the type tests of non-conformity was followed by a new

collection and test. They must take all measures necessary to restore the

the conformity of the corresponding production.



2.4. the authority which has granted the type homologation, may at any time verify

the conformity control method used in each production unit. The usual

the frequency of these verifications must be consistent with (any) measures

adopted under paragraph 1.2. or 1.3. of this Appendix a shall be such

to ensure that appropriate checks are carried out throughout the period, corresponding to the

the State of confidence on the part of homologujícího authority.



2.4.1. At every inspection must be visiting inspector

made available to the test and production records.



2.4.2. Where the nature of the test, the Inspector may randomly

take samples for testing in the manufacturer's laboratory (or by the technical

the Organization, if it sets up a Prescription, which is annexed to this Agreement).

The minimum number of samples to be determined according to the results of own checks

manufacturer.



2.4.3. where the level of control appears unsatisfactory, or when it appears

necessary to verify the validity of the tests according to the provisions of paragraph 2.4.2.,

the inspector must take samples which shall be addressed to the technical organization,

which provides type-approval tests.



2.4.4. Homologující authority may carry out any check or test,

prescribed in this appendix or in the applicable regulation, which is

the annex to this agreement.



2.4.5. In cases where, during any of these inspections detected

the disappointing results, the homologující authority is obliged to ensure that the

as soon as possible all the necessary measures to restore the conformity of

the production.



*) The former name of the agreement: agreement concerning the adoption of uniform conditions for the

and on mutual recognition of approved equipment and components

motor vehicles, negotiated in Geneva on 20 April. March 1958.