Post on 05-Jan-2016
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UNECE REGULATORY AND STANDARDS-SETTING
WORK IN TRANSPORT
By Olivier KervellaChief, Dangerous Goods and Special Cargoes Section
Transport Division, United Nations Economic Commission for Europe
(UNECE)
MAJOR AREASOF STANDARDIZATION (1)
TRANSPORT INFRASTRUCTURE(AGR, AGC, AGN, AGTC)
CONSTRUCTION OF ROAD VEHICLES:• 1958 and 1998 Agreements:
construction/type approval• 1997 Agreement:
Uniform inspections• ATP: Perishable foodstuffs vehicles• ADR: Dangerous goods vehicles
MAJOR AREASOF STANDARDIZATION (2)
TRANSPORT OF DANGEROUS GOODS:- Classification- Labelling/Marking- Packagings- Tanks- Vehicles/inland waterway vessels- Training- Loading/unloading/transport operations- Emergency
MAJOR AREASOF STANDARDIZATION (3)
INLAND NAVIGATION:• Construction of inland navigation vessels • European Code for Inland Waterways
(CEVNI)• Signs and Signals on Inland Waterways
(SIGNI)
MAJOR AREASOF STANDARDIZATION (4)
ROAD TRAFFIC SAFETY• Signs and signals • Road traffic• Work of crew (AETR) (Digital tachograph)CONTRACT OF CARRIAGE (ROAD
TRANSPORT) • Goods: CMRTRANSPORT FACILITATION• Harmonization of customs/border crossing
procedures (TIR, harmonization of frontier controls, etc.)
MEANSOF STANDARDIZATION (1)
• RECOMMENDATIONS
• RESOLUTIONS
• LEGAL INSTRUMENTS
- Agreements/Conventions- Regulations/Technical annexes
MEANSOF STANDARDIZATION (2)
• RECOMMENDATIONSAddressed to governments or International organizations
Advantages: Not bindingFlexibleEasy to negotiateEasy to update
Disadvantages:Not bindingDo not guarantee harmonizationDifficult to monitor implementation
MEANSOF STANDARDIZATION (3)
• RECOMMENDATIONS (cont’d)When?- Consensus difficult to achieve- Politically sensitive issues- National solutions preferred- Standard not indispensable to international transport- Other international organizations competent and
involved- Other international legal instruments in placeExamples- Inland navigation- Dangerous goods
MEANSOF STANDARDIZATION (4)
• RESOLUTIONSSame as recommendations, higher status (ITC or Treaty bodies)
Advantages: Same as recommendationsBetter commitment from Member
States for implementation
Disadvantages: Same as recommendations
When? Urgent need for action by Member States
Interpretation/clarification of conventions
MEANSOF STANDARDIZATION (5)
• LEGAL INSTRUMENTS (Agreements, Conventions)
- Legally binding (expression of consent to be bound)
- Supplemented by technical annexes/regulations
. Integral part and same status (e.g. Annexes to ADR; or) . Separate status (e.g. Regulations annexed to the 1958 Agreement)
MEANSOF STANDARDIZATION (6)
• LEGAL INSTRUMENTS
- AdvantagesGood implementationHarmonization of rules/regulations/standardsReciprocal recognition (in most cases)Cooperation between Contracting Parties for implementation
- DisadvantagesLong negotiationsLong legal procedures (adoption,
amendments)
MEANSOF STANDARDIZATION (7)
• LEGAL INSTRUMENTSWhen?- High level of safety needed and better achieved through strong political commitment
(vehicles, road traffic safety)- High level of safety required for international
transport (dangerous goods)- Harmonization necessary for global trade
(construction of vehicles)- Harmonization necessary to international
transport facilitation (customs conventions, ATP, ADR)
PROCEDURES FOR DEVELOPING
REGULATIONS/STANDARDS (1)
A. ADOPTION BY WORKING PARTIES1. Proposals by Governments/IGOs/NGOs2. Discussion by Working Parties (WPs)
Search of consensus3. Discussion by group of experts/
informal groups4. Discussion by WPs5. Adoption by WPs
- by consensus; or- by vote (majority UNECE members
present and voting)
PROCEDURES FOR DEVELOPING
REGULATIONS/STANDARDS (2)
A. ADOPTION BY WORKING PARTIES (cont’d)6. Text adopted may be issued as
- a recommendation/resolution(by WPs or ITC)
- a proposal of amendment/new regulation to existing legal instrument
- a proposed new legal instrument7. End of the procedure for recommendations/resolutions
Beginning of legal procedure for legal instruments
PROCEDURES FOR DEVELOPING
REGULATIONS/STANDARDS (3)
B. NEW LEGAL INSTRUMENT- Proposed text adopted by WPs submitted to:
- ITC (for adoption by consensus)- Diplomatic conference (consensus or
2/3 majority vote)- Text adopted submitted by SG to
- UNECE Member States, or- UN Member States
for signature, ratification, etc.- Entry into force
(Conditions determined by legal instrument)
PROCEDURES FOR DEVELOPING
REGULATIONS/STANDARDS (4)
C. AMENDMENTS TO EXISTING LEGAL INSTRUMENTS (technical annexes and annexed regulations)- Depend on procedure determined by legal instrument- Proposed amendments submitted to Contracting Parties
- by WPs through one Contracting Party and SG
- by WPs through Administrative Committees (adoption) and SG- Tacit amendment procedure
(Possibility of objection)
PROCEDURES FOR DEVELOPING
REGULATIONS/STANDARDS (5)
C. AMENDMENTS TO EXISTING LEGAL INSTRUMENTS(cont’d)- Agreement itself: more complex procedure
. Amendment requires preliminary adoption by administrative
committee or diplomatic conference
COOPERATION WITH STANDARDIZATION BODIES
(1)ISO, IEC, CEN: non mandatory standards
- Application may be made mandatory
by reference in UNECE legal instruments
EU: New approach directives- EU directives: Essential requirements- EN standards: Developed to facilitate compliance with essential requirements
COOPERATION WITH STANDARDIZATION BODIES
(2)Cooperation UNECE/CEN and UNECE/ISO
- ADR/RID/ADN (dangerous goods):Essential requirements plus standards
- ISO and CEN: Develop ISO and EN standards- UNECE check compliance of EN standards and ISO standards with RID/ADR/ADN- CEN and ISO revise draft standards- References to ISO/EN standards introduced in RID/ADR/ADN
. To replace existing provisions; or
. As an acceptable means to comply with essential requirements
REGULATORY AND STANDARD
UNECE standardization work
TRANSPORTEND
By Olivier Kervella,Chief, Dangerous Goods and Special Cargoes Section
Transport Division, United Nations Economic Commission for Europe
(UNECE)