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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


TRANSPORT OF DANGEROUS GOODS:- Classification- Labelling/Marking- Packagings- Tanks- Vehicles/inland waterway vessels- Training- Loading/unloading/transport operations- Emergency


INLAND NAVIGATION:• Construction of inland navigation vessels • European Code for Inland Waterways

(CEVNI)• Signs and Signals on Inland Waterways

(SIGNI)


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


• RECOMMENDATIONSAddressed to governments or International organizations

Advantages: Not bindingFlexibleEasy to negotiateEasy to update

Disadvantages:Not bindingDo not guarantee harmonizationDifficult to monitor implementation


• 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


• 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


• 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)


• LEGAL INSTRUMENTS

- AdvantagesGood implementationHarmonization of rules/regulations/standardsReciprocal recognition (in most cases)Cooperation between Contracting Parties for implementation

- DisadvantagesLong negotiationsLong legal procedures (adoption,

amendments)


• 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)



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



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)



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)



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)