42/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Day 16. July 1995 in New York adopted amendments to the agreement concerning the adoption of
uniform conditions for the homologation (conformity) and the reciprocal
the recognition of approval for motor vehicles equipment and parts, Geneva 20.
in March 1958, the renowned No. 176/1960 Coll.
Day 2. July 1993 announced the Czech Republic to the Secretary-General
The United Nations, the depositary of the agreement, in accordance with the applicable
principles of international law, as a successor State to the Czech and Slovak
Federal Republic considered bound by the agreement on the adoption of uniform
conditions for the homologation (conformity) and on the mutual recognition of
approval of equipment and motor vehicles of the day 20. March
1958, including reservations, with effect from 1. January 1, 1993.
Changes to this agreement, adopted on the basis of article 13 (3). 1,
also change the name of the agreement on the "agreement on the adoption of uniform
technical prescriptions for wheeled vehicles, equipment and parts which are
can be fitted to and/or used on wheeled vehicles and the conditions for
mutual recognition of homologation, granted on the basis of these rules ".
The amendments entered into force in accordance with the wording of article 7 (2). 1 changed
The agreement on the day 16. October 1995 and entered into force on this day and for
The Czech Republic.
Czech translation of the amended Agreement shall be designated at the same time.
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 of
These rules ^ ^ *)
Introductory provisions
The Contracting Parties shall be kept by the decision to change the agreement concerning the adoption of uniform
conditions for the homologation and the mutual recognition of approved equipment and
part of the motor vehicles, done at Geneva on 20 April in March 1958, and
Desiring to define uniform technical rules which meet the
certain wheeled vehicles, equipment and parts is sufficient to
(s) could be used (s) in their countries, and desiring to adopt in the
their States this rule whenever possible, and
Desiring to facilitate the use of the vehicles in their countries, equipment and
parts, approved according to these rules, the competent authorities of other
the Contracting Parties agree as follows:
Article 1
1. Through 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
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 needed, the technical requirements of the
include alternatives and, whenever possible, will be focused on
the properties and test methods will be determined. 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 saving
energy.
The term "type approval pursuant to a regulation" is the official
the procedure whereby the competent authorities of one Contracting Party after the required
verifications, that a 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 that the
they were 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 a self-certification basis, when the manufacturer without previous official controls
certifies that each product placed 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
The 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 set out in Appendix 1, shall send it to the Management Committee
the Secretary-General of the United Nations, also known as
"the Secretary-General". Then send this notification by the Secretary General
Regulation as soon as possible to the Contracting Parties. The regulation will be considered
be accepted if within the period of six months from the date of the General
the Secretary does not inform the Secretary-General announced of their disagreement with the
Provision of more than one-third of the contracting parties existing at the time
the notification. The regulation provides for the following:
a) wheeled vehicles, equipment or parts concerned;
(b)) the technical requirements, which may include alternatives;
c) test procedures, which demonstrate compliance with the requirements of the
the properties of the product;
d) conditions for granting type-approval and for its mutual recognition,
including any approval markings and conditions for ensuring
the conformity of production;
e) date (s) when this regulation enters into force.
The 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 was accepted, it shall notify the Secretary-General as
as soon as possible all the Contracting Parties, with an indication of which 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 to the
This agreement, on the date on which it is listed.
5. Any new Contracting Party may, when depositing its instrument of accession
to declare that it is not bound by certain rules which 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 of the proposal or of the
adopted Regulation, the Secretary-General shall forward such a proposal or adopted
The prescription of the new party and the entry for the new Contracting Party in
force as a Prescription only, under the conditions laid down in paragraph 4 of this
article. The Secretary-General shall notify all Contracting Parties of the date of this
the entry into force. The Secretary General shall send them a statement of
non-acceptance of certain provisions which may be made 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, notify the Secretary-General that its
the administrative authority intends to stop this Regulation apply. This
the notice shall send to the Secretary General of 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 products, which previously
awarded type homologation;
take the necessary measures according to article 4 in the event that a Contracting Party
that continues in the application of the code, shall notify the non-conformity;
notify the competent authorities of the other Contracting Parties to continue to
the decision to withdraw the homologation in accordance with article 5;
grant continues to extend to the existing homologacím.
7. each Contracting Party which applies 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
a regulation in force for a 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, the legislation that applies to the type homologation, it is
shall be obliged to grant the type-approval and the approval marking as described in
any regulation of the types of wheeled vehicles, equipment or parts to which
Regulation applies, provided it is technically
eligible and that acknowledges the measures to ensure the conformity of the product with the
type homologated according to the provisions of Appendix 2. If you are not from the top
those conditions are satisfied, any Contracting Party which applies
a Prescription for type-approving, shall refuse to grant type-
homologation and certification marks according to this regulation.
Article 3
For wheeled vehicles, equipment or parts which were party to the
exposed type-approved according to article 2 of this agreement and that are
manufactured either in the territory of that Contracting Party which applies
the prescription, or in another State indicated by the Contracting Party that
the relevant 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 type-approving.
Article 4
Detects if the competent authorities of the Contracting Party which applies the
Prescription for type homologation, that certain wheeled vehicles, equipment or
the part bearing the approval mark assigned by the relevant Regulation
one of the parties, in conformity with the approved type, it notifies the
the competent authorities of the Contracting Party, which 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 Regulation to the 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, required about 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 a specific Prescription to
type homologation shall send monthly to the competent authorities of the other
the Contracting Parties, a list of wheeled vehicles, equipment or parts which in
This month refused to grant or withdrawn the homologation; If it receives a
a request from a competent authority of another Contracting Party which applies
a Prescription for type homologation, in addition, the competent authority is obliged to
that the competent authority immediately send a copy of all necessary
the information on the basis of decided to grant, refuse to grant or
withdraw the homologation of a wheeled vehicle, equipment or part from
such a regulation.
Article 6
1. States which are members of the European Economic Commission, States,
admitted to the Commission in an advisory capacity under paragraph 8 of the terms of reference 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, paragraph 1. 2, and article 12, paragraph 2(a). 2 vote by regional organisations
the economic integration of the number of votes of their Member States that are
members of the European Economic Commission.
2. States which are members of the United Nations, and which may
to 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
covered by this agreement, including the authority to exercise the binding decisions of the
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 2(a). 2
regional economic integration organizations vote with the 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 by any reservation in period of six
months from the date on which the Secretary-General has sent it to them.
3. any new Contracting Party acceding to this
the amended Agreement, this amended Agreement shall enter into force on the 60th 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
the Secretary General has received the notification.
Article 9
1. Any new Contracting Party according 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
on the territory of, or referred to in the notification, extend after 60
days of the date on which the Secretary General has received the notification.
2. Any new Contracting Party according 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 the international relations responsibility, may
Terminate the agreement for this territory separately according to the provisions of article 8.
Article 10
1. Any dispute between two or more Contracting Parties in case the interpretation of the
or implementation of this agreement will be resolved by negotiation between them.
2. Any dispute which is not resolved by negotiation, shall be submitted to arbitration
procedure, if one of the Contracting Parties in dispute so requests, and
It will be then submitted to one or more arbitrators, selected in the
mutual agreement of the parties in the dispute. If the parties to the dispute within three
months from the submission of the request for arbitration, agree on the appointment of
the arbitrator or arbitrators, any of those parties may request the
the Secretary-General, in order to determine a single arbitrator to whom the dispute shall be
submitted for decision.
3. the arbitrator or arbitrators designated in accordance with paragraph 2 of this
the article is for 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
the 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 this 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 Contracting Party has but according to article 1 of the
the ability to declare that it does not intend to use some of those rules or that the
does not intend to use any of them.
Article 12
The provisions, which are annexed to this agreement may be amended
use the following procedure:
1. the Administrative Committee accepts the Amendments referred to in article 1 (1). 2, and
This procedure according to Appendix 1. If necessary, change may include
the existing requirements as an alternative. The Contracting Parties are obliged to
to establish which alternatives will be used. The Contracting Parties,
apply an alternative one Act, shall not be obliged to recognise
approved by the previous alternatives of the same regulation. The Contracting Parties,
which apply only the latest changes, are not obliged to recognise
approved by previous amendments or unamended regulations. The Contracting
the parties, which applied an earlier series of amendments or the unamended Regulation, are
be obliged to recognise the homologation granted by the 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
the parties, which apply this regulation.
2. change of the regulation shall be deemed to be accepted if within six months
from its notification by the Secretary-General does not inform the General
the Secretary-General, more than one third of the Contracting Parties that apply
The regulation 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 which apply this Regulation shall declare the
change as soon as possible to be accepted and binding for the Contracting Parties,
applying this regulation and that have not changed.
If the Prescription changed and at least one-fifth of the Contracting Parties,
apply the unamended Regulation subsequently declare that they wish to continue
use of unaltered 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 Contracting
Parties which apply this regulation, by the same, as set out in paragraph 1.
3. If the new Contracting Party to this agreement in the period between
the Secretary General shall notify the draft amendments to the regulation and the entry into force of this amendment
in effect, such a Prescription for this party
by the time two months after officially accepts the change, or by the time the two
months after the expiry of six months from the date when that Contracting Party
the Secretary General has sent a proposal for amendments.
Article 13
The text of the agreement and its appendices may change the following
the procedure:
1. each Contracting Party may propose one or more amendments to this
the agreement and its appendices. The text of any proposed amendment to the agreement and its
the appendices shall be forwarded to the Secretary-General of the United Nations,
It shall circulate to all Contracting Parties and inform all other States
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 circulate the draft amendments.
3. The Secretary-General shall notify as soon as possible all Contracting Parties whether
the draft amendment has been communicated to the reservation. If the draft amendments are communicated to the
reservation, it shall be deemed that the change was not accepted, and that the change will not be in
force. If they are not informed of any such reservation, enter the change in
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
the Secretary of the Contracting Parties:
and according to article 6);
(b)) date agreement enters into force pursuant to article 7;
(c) denunciations under article 8);
(d) the notification received by) article 9;
e) declarations and notifications received under article 11 (2). 1 and 2;
(f) any input changes from) article 12, paragraph 2(a). 1 and 2 in force;
(g)) entry each changes according to article 13 (3). 3 in the force.
Article 15
1. If at the time when the above provisions shall enter into force,
the adoption of the new Regulation takes place according to the procedure referred to in article 1 (1). 3 and 4
unchanged, this new Agreement enters into force under the provisions of the regulation
paragraph 5 of that article.
2. If at the time when the above provisions shall enter into force,
process the adoption of amendment to a regulation pursuant to article 12, paragraph 2(a). 1
unchanged from the agreement, the amendment in force according to the provisions of the
of that paragraph.
3. With the consent of all the Contracting Parties to the agreement may be any
The regulation, adopted according to the unchanged agreement considered Prescription, adopted for the
the terms of the above provisions.
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
The Committee of the Economic Commission for Europe whenever required the elaboration of
the new regulation or amendment to a regulation.
Article 5
On the draft of the new regulations is the vote. Each State party
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, which
are parties to the agreement, the number of votes of their Member States.
Representative of a regional economic integration organisation may express
the voices of the sovereign States that make up the organization. Proposals for new
Rules shall be adopted by a two thirds majority of those present and voting.
Article 6 of the
On the proposed amendment of the regulations shall be voted on. Each State which is a Contracting
party to the agreement and applies such a Prescription, has one vote. For the adoption of
decisions are needed the votes of at least one half of the Contracting Parties,
with such a Prescription. Regional economic organization
integration, which are Contracting Parties to the agreement, at the vote
determining the number of votes cast the number of votes of their Member States.
Representative of a regional economic integration organisation may express
the voices of the sovereign States that apply such a Provision and that
the organization created. Changes to the Regulations shall be adopted by a two-thirds
a majority of those present and voting.
APPENDIX 2
Conformity of production
1.
WELCOME GUEST
1.1. before the grant is applied, the homologující 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 were 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 but 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 device, which production has found as appropriate in terms of products,
to be type-homologated.
1.3. the Homologující authority is also obliged to accept the manufacturer's
registration according to the harmonized standard ISO 9002 (the scope of the
apply to products that have to be homologated) or from other
the corresponding accreditation standards such as compliance with the requirements of paragraph 1.1.
The manufacturer must provide details of the registration and undertake to
the homologující authority to inform of any changes in the validity of the
registration or its extent.
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 such cannot
a statement.
2.
CONFORMITY OF PRODUCTION
2.1. Every vehicle, equipment or part approved according to Regulation,
which is annexed to this agreement must be made to match
homologovanému type that meets the requirements of this appendix and the
the period code.
2.2. the Homologující authority of the Contracting Party which has granted the type-
homologation according to a regulation which is annexed to this agreement, the
required to verify that adequate arrangements exist, and each
the homologation is obliged with the manufacturer requires documented control
plans the tests or associated checks necessary to verify
the continued conformity with the type certified in the prescribed time limits and that
shall, where applicable, tests specified in the regulation under consideration.
2.3. The holder of the approval shall in particular:
2.3.1. ensure the existence of procedures for effective control of the conformity of the 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
the period provided for in the agreement with the homologujícím authority have been available
the 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, making allowance for variation
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 when the non-conformity in the type of test, followed by a new
sampling and testing. 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 and shall be of such
to ensure that appropriate checks are carried out in the period, corresponding to the
the State of confidence on the part of homologujícího authority.
2.4.1. At every inspection, the inspector must be present
made available to the test and production records.
2.4.2. where the nature of the tests, the Inspector 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 will be sent 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 relevant legislation, which is
the annex to this agreement.
2.4.5. In cases when during one 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.
*) Previous name 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.
