EUR-Lex - 22000A0210(01) - EN Avis juridique important | 22000A0210(01) Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles - Composition and rules of procedure of the executive committee Official Journal L 035 , 10/02/2000 P. 0014 - 0027 AGREEMENTconcerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehiclesPREAMBLETHE CONTRACTING PARTIES,HAVING DECIDIED to adopt an agreement to establish a process for promoting the development of global technical regulations ensuring high levels of safety, environmental protection, energy efficiency and anti-theft performance of wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles;HAVING DECIDED that such process shall also promote the harmonisation of existing technical regulations, recognising the right of subnational, national and regional authorities to adopt and maintain technical regulations in the areas of health, safety, environmental protection, energy efficiency and anti-theft performance that are more stringent than those established at the global level;HAVING AUTHORISATION to enter into such an Agreement under paragraph 1 (a) of the Terms of Reference of the UN/ECE and Chapter XIII of the Rules of Procedure of the UN/ECE, Rule 50;RECOGNISING that this Agreement does not prejudice the rights and obligations of a Contracting Party under existing international agreements on health, safety and environmental protection;RECOGNISING that this Agreement does not prejudice the rights and obligations of a Contracting Party under the agreements under the World Trade Organisation (WTO), including the Agreement on Technical Barriers to Trade (TBT), and intending to establish global technical regulations under this agreement, as a basis for their technical regulations in a manner consistent with these agreements;INTENDING that Contracting Parties to this Agreement use the global technical regulations established under this Agreement as a basis for their technical regulations;RECOGNISING the importance to public health, safety and welfare of continuously improving and seeking high levels of safety, environmental protection, energy efficiency and anti-theft performance of wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles, and the potential value to international trade, consumer choice and product affordability of increasing convergences in existing and future technical regulations and their related standards;RECOGNISING that governments have the right to seek and implement improvements in the level of health, safety and environmental protection, and to determine whether the global technical regulations established under this Agreement are suitable for their needs;RECOGNISING the important harmonisation work already carried out under the 1958 Agreement;RECOGNISING the interest and expertise in different geographic regions regarding safety, environmental, energy and anti-theft problems and methods of solving those problems, and the value of that interest and expertise in developing global technical regulations to aid in achieving those improvements and in minimising divergences;DESIRING to promote the adoption of established global technical regulations in developing countries, taking into account the special issues and circumstances for those countries, and in particular the least developed of them;DESIRING that the technical regulations applied by the Contracting Parties be given due consideration through transparent procedures in developing global technical regulations, and that such consideration include comparative analyses of benefits and cost effectiveness;RECOGNISING that establishing global technical regulations providing high levels of protection will encourage individual countries to conclude that those Regulations will provide the protection and performance needed within their jurisdiction;RECOGNISING the impact of the quality of vehicle fuels on the performance of vehicle environmental controls, human health, and fuel efficiency; andREGOGNISING that the use of transparent procedures is of particular importance in developing global technical regulations under this Agreement and that this development process must be compatible with the regulatory development processes of the Contracting Parties to this Agreement;HAVE AGREED AS FOLLOWS:Article 1Purpose1.1. The purpose of this Agreement is:1.1.1. To establish a global process by which Contracting Parties from all regions of the world can jointly develop global technical regulations regarding the safety, environmental protection, energy efficiency, and anti-theft performance of wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles;1.1.2. To ensure that, in developing global technical regulations, due and objective consideration is given to the existing technical regulations of Contracting Parties, and to the UN/ECE regulations;1.1.3. To ensure that objective consideration is given to the analysis of best available technology, relative benefits and cost effectiveness as appropriate in developing global technical regulations;1.1.4. To ensure that the procedures used in developing global technical regulations are transparent;1.1.5. To achieve high levels of safety, environmental protection, energy efficiency, and anti-theft performance within the global community, and to ensure that actions under this Agreement do not promote, or result in, a lowering of these levels within the jurisdiction of Contracting Parties, including the subnational level;1.1.6. To reduce technical barriers to international trade through harmonising existing technical regulations of Contracting Parties, and UN/ECE Regulations, and developing new global technical regulations governing safety, environmental protection, energy efficiency and anti-theft performance of wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles, consistent with the achievement of high levels of safety and environment protection and the other above-stated purposes; and1.1.7. To ensure that, where alternative levels of stringency are needed to facilitate the regulatory activities of certain countries, in particular developing countries, such needs are taken into consideration in developing and establishing global technical regulations.1.2. This Agreement is to operate in parallel with the 1958 Agreement, without affecting the institutional autonomy of either Agreement.Article 2Contracting Parties and consultative status2.1. Countries that are members of the Economic Commission for Europe (UN/ECE), regional economic integration organisations that are set up by ECE member countries and countries that are admitted to the ECE in a consultative capacity in accordance with paragraph 8 of the ECE's Terms of Reference, may become Contracting Parties to this Agreement.2.2. Countries that are members of the United Nations and that participate in certain activities of the ECE in accordance with paragraph 11 of the ECE's Terms of Reference, and regional economic integration organisations set up by such countries, may become Contracting Parties to this Agreement.2.3. Any specialised agency and any organisation, including intergovernmental organisations and non-governmental organisations, that have been granted consultative status by the Economic and Social Council of the United Nations, may participate in that capacity in the deliberations of any working party during consideration of any matter of particular concern to that agency or organisation.Article 3Eexecutive Committee3.1. The representatives of Contracting Parties shall constitute the Executive Committee of this Agreement and shall meet at least annually in that capacity.3.2. The Rules of Procedure of the Executive Committee are set forth in Annex B to this Agreement.3.3. The Executive Committee shall:3.3.1. be responsible for the implementation of this Agreement, including the setting of priorities for activity under this Agreement;3.3.2. consider all recommendations and reports by working parties regarding the establishment of global technical regulations under this Agreement; and3.3.3. fulfil such other functions as may be appropriate under this Agreement.3.4. The Executive Committee shall have the final authority to decide whether to list regulations in the Compendium of Candidate global technical regulations and to establish global technical regulations under this Agreement.3.5. The Executive Committee shall, in discharging its functions, use information from all relevant sources when the Committee deems it appropriate to do so.Article 4Criteria for technical regulations4.1. To be listed under Article 5 or established under Article 6, a technical regulation shall meet the following criteria:4.1.1. provide a clear description of the wheeled vehicles, equipment and/or parts which can be fitted and/or be used on wheeled vehicles and which are subject to the regulation.4.1.2. contain requirements that:4.1.2.1. provide for high levels of safety, environmental protection, energy efficiency or anti-theft performance; and4.1.2.2. wherever appropriate, are expressed in terms of performance instead of design characteristics.4.1.3. include:4.1.3.1. the test method by which compliance with the regulation is to be demonstrated;4.1.3.2. for regulations to be listed under Article 5, where appropriate, a clear description of approval or certification markings and/or labels requisite for type approval and conformity of production or for manufacturer self certification requirements; and4.1.3.3. if applicable, a recommended minimum period of lead time, based upon considerations of reasonableness and practicability, that a Contracting Party should provide before requiring compliance.4.2. A global technical regulation may specify alternative non-global levels of stringency or performance, and appropriate test procedures, where needed to facilitate the regulatory activities of certain countries, in particular developing countries.Article 5Compendium of Candidate global technical regulations5.1. A compendium of technical regulations of Contracting Parties other than UN/ECE Regulations that are candidates for harmonisation or adoption as global technical regulations (to be known as the Compendium of Candidates) shall be created and maintained.5.2. Listing technical regulations in the Compendium of CandidatesAny Contracting Party may submit a request to the Executive Committee for the listing in the Compendium of Candidates of any technical regulation that such Contracting Party has applied, is applying or has adopted for future application.5.2.1. The request specified in paragraph 5.2 shall contain:5.2.1.1. a copy of such regulation;5.2.1.2. any available technical documentation supporting such regulation, including documentation concerning best available technology, relative benefits, and cost effectiveness; and5.2.1.3. the identification of any known existing or imminent relevant international voluntary standards.5.2.2. The Executive Committee shall consider all requests that satisfy the requirements of Article 4 and paragraph 5.2.1 of this Article. The technical regulation shall be listed in the Compendium of Candidates if supported by an affirmative vote in accordance with paragraph 7.1 of Article 7 of Annex B. The documentation submitted with the request for that regulation shall be appended to the listed technical regulation.5.2.3. The requested regulation shall be considered to be listed by the Secretary-General on the date on which it is supported by an affirmative vote under paragraph 5.2.2 of this Article.5.3. Removing listed technical regulations from the Compendium of CandidatesA listed technical regulation shall be removed from the Compendium of Candidates either:5.3.1. upon the establishment in the Global Registry of a global technical regulation embodying product requirements addressing the same elements of performance or design characteristics as the listed technical regulation;5.3.2. at the end of the five-year period following the regulation's listing under this Article, and at the end of each subsequent five-year period, unless the Executive Committee reaffirms, by an affirmative vote in accordance with paragraph 7.1 of Article 7 of Annex B, the listing of the technical regulation in the Compendium of Candidates; or5.3.3. in response to a written request from the Contracting Party at whose request the technical regulation was originally listed. Such request shall include the bases for the removal of the regulation.5.4. Availability of documentsAll documents considered by the Executive Committee under this Article shall be publicly available.Article 6Registry of global technical regulations6.1. A registry shall be created and maintained for the global technical regulations developed and established under this Article. The registry shall be known as the Global Registry.6.2. Establishing global technical regulations in the Global Registry through harmonisation of existing regulationsA Contracting Party may submit a proposal to develop a harmonised global technical regulation concerning elements of performance or design characteristics addressed either by technical regulations listed in the Compendium of Candidates, or by any UN/ECE Regulations, or both.6.2.1. The proposal specified in paragraph 6.2 shall contain:6.2.1.1. an explanation of the objective of the proposed global technical regulation.6.2.1.2. a narrative description or, if available, the draft text of the proposed global technical regulation;6.2.1.3. available documentation that may facilitate the analysis of the issues to be addressed in the report required by paragraph 6.2.4.2.1 of this Article;6.2.1.4. a list of all technical regulations in the Compendium of Candidates, and any UN/ECE Regulations, that address the same elements of performance or design characteristics to be addressed by the proposed global technical regulation; and6.2.1.5. the identification of any known existing relevant international voluntary standards.6.2.2. Each proposal specified in paragraph 6.2.1 of this Article shall be submitted to the Executive Committee.6.2.3. The Executive Committee shall not refer to any working party any proposal that it determines does not satisfy the requirements of Article 4 and paragraph 6.2.1 of this Article. It may refer all other proposals to an appropriate working party.6.2.4. In response to a proposal referred to it for developing a global technical regulation through harmonisation, the working party shall use transparent procedures to:6.2.4.1. develop recommendations regarding a global technical regulation by:6.2.4.1.1. giving consideration to the objective of the proposed global technical regulation and the need for establishing alternative levels of stringency or performance;6.2.4.1.2. reviewing all technical regulations that are listed in the Compendium of Candidates, and any UN/ECE Regulations, that address the same elements of performance;6.2.4.1.3. reviewing any documentation that is appended to the regulations specified in paragraph 6.2.4.1.2 of this Article;6.2.4.1.4. reviewing any available assessments of functional equivalence relevant to the consideration of the proposed global technical regulation, including assessments of related standards;6.2.4.1.5. verifying whether the global technical regulation under development satisfies the stated objective of the regulation and the criteria in Article 4; and6.2.4.1.6. giving due consideration to the possibility of the technical regulation being established under the 1958 Agreement.6.2.4.2. submit to the Executive Committee:6.2.4.2.1. a written report that presents its recommendation regarding the global technical regulation, includes all technical data and information that were considered in the development of its recommendation, describes its consideration of the information specified in paragraph 6.2.4.1 of this Article, and sets forth the rationale for its recommendations, including an explanation for rejecting any alternative regulatory requirements and approaches considered; and6.2.4.2.2. the text of any recommended global technical regulation.6.2.5. The Executive Committee shall, using transparent procedures:6.2.5.1. determine whether the recommendations regarding the global technical regulation, and the report are based upon a sufficient and thorough performance of the activities specified in paragraph 6.2.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or the text of the recommended global technical regulation, if any, are inadequate, it shall return the regulation and report to the working party for revision or additional work.6.2.5.2. consider the establishment of a recommended global technical regulation in accordance with the procedures set forth in paragraph 7.2 of Article 7 of Annex B. A consensus vote by the Executive Committee in favour of the regulation shall establish the Regulation in the Global Registry.6.2.6. The global technical regulation shall be considered to be established in the Global Registry on the date of the consensus vote by the Executive Committee in favour of the regulation.6.2.7. The Secretariat shall, upon the establishment of a global technical regulation by the Executive Committee, append copies of all relevant documentation, including the proposal submitted pursuant to paragraph 6.2.1 of this Article and the recommendations and report required by paragraph 6.2.4.2.1 of this Article, to that regulation.6.3. Establishing new global technical regulations in the Global RegistryA Contracting Party may submit a proposal to develop a new global technical regulation concerning elements of performance or design characteristics not addressed by technical regulations in the Compendium of Candidates or UN/ECE Regulations.6.3.1. The proposal specified in paragraph 6.3 shall contain:6.3.1.1. an explanation of the objective of the proposed new global technical regulation, based on objective data to the extent possible;6.3.1.2. a narrative description or, if available, the draft text of the proposed new global technical regulation;6.3.1.3. any available documentation that may facilitate the analysis of the issues to be addressed in the report required by paragraph 6.3.4.2.1 of this Article; and6.3.1.4. the identification of any known existing relevant international voluntary standards.6.3.2. Each proposal specified in paragraph 6.3.1 of this Article shall be submitted to the Executive Committee.6.3.3. The Executive Committee shall not refer to any working party any proposal that it determines does not satisfy the requirements of Article 4 and paragraph 6.3.1. of this Article. It may refer all other proposals to an appropriate working party.6.3.4. In response to a proposal referred to it for developing a new global technical regulation, the working party shall use transparent procedures to:6.3.4.1. develop recommendations regarding a new global technical regulation by:6.3.4.1.1. giving consideration to the objective of the proposed new global technical regulation and the need for establishing alternative levels of stringency or performance;6.3.4.1.2. considering technical feasibility;6.3.4.1.3. considering economic feasibility;6.3.4.1.4. examining benefits, including those of any alternative regulatory requirements and approaches considered;6.3.4.1.5. comparing potential cost effectiveness of the recommended regulation to that of the alternative regulatory requirements and approaches considered;6.3.4.1.6. verifying whether the new global technical regulation under development satisfies the stated objective of the Regulation and the criteria in Article 4; and6.3.4.1.7. giving due consideration to the possibility of the technical regulation being established under the 1958 Agreement;6.3.4.2. submit to the Executive Committee:6.3.4.2.1. a written report that presents its recommendation regarding the new global technical regulation, includes all technical data and information that were considered in the development of its recommendation, describes its consideration of the information specified in paragraph 6.3.4.1 of this Article, and sets forth the rationale for its recommendations, including an explanation for rejecting any alternative regulatory requirements and approaches considered; and6.3.4.2.2. the text of any recommended new global technical regulation.6.3.5. The Executive Committee shall, using transparent procedures:6.3.5.1. determine whether the recommendations regarding the new global technical regulation and the report are based upon a sufficient and thorough performance of the activities specified in paragraph 6.3.4.1 of this Article. If the Executive Committee determines that the recommendations, report and/or the text of the recommended new global technical regulation, if any, are inadequate, it shall return the regulation and report to the working party for revision or additional work.6.3.5.2. consider the establishment of a recommended new global technical regulation in accordance with the procedures set forth in paragraph 7.2 of Article 7 of Annex B. A consensus vote by the Executive Committee in favour of the regulation shall establish the Regulation in the Global Registry.6.3.6. The global technical regulation shall be considered to be established in the Global Registry on the date of the consensus vote by the Executive Committee in favour of the regulation.6.3.7. The Secretariat shall, upon the establishment of a new global technical regulation by the Executive Committee, append copies of all relevant documentation, including the proposal submitted pursuant to paragraph 6.3.1 of this Article and the recommendations and report required by paragraph 6.3.4.2.1 of this Article, to that Regulation.6.4. Amending established global technical regulationsThe process for amending any global technical regulation established in the Global Registry under this Article shall be the procedures specified in paragraph 6.3 of this Article for establishing a new global technical regulation in the Global Registry.6.5. Availability of documentsAll documents considered or generated by the working party in recommending global technical regulations under this Article shall be publicly available.Article 7Adoption, and notification of application, of established global technical regulations7.1. A Contracting Party that votes in favour of establishing a global technical regulation under Article 6 of this Agreement shall be obligated to submit the technical regulation to the process used by that Contracting Party to adopt such a technical regulation into its own laws or regulations and shall seek to make a final decision expeditiously.7.2. A Contracting Party that adopts an established global technical regulation into its own laws or regulations shall notify the Secretary-General in writing of the date on which it will begin applying that regulation. The notification shall be provided within 60 days after its decision to adopt the regulation. If the established global technical regulation contains more than one level of stringency or performance, the notification shall specify which of those levels of stringency or performance is selected by the Contracting Party.7.3. A Contracting Party that is specified in paragraph 7.1 of this Article and that decides not to adopt the established global technical regulation into its own laws or regulations, shall notify the Secretary-General in writing of its decision and the basis for its decision. The notification shall be provided within 60 days after its decision.7.4. A Contracting Party that is specified in paragraph 7.1 of this Article and that has not, by the end of the one-year period after the date of the establishment of the regulation in the Global Registry, either adopted that technical regulation or decided not to adopt the regulation into its own laws or regulations, shall provide a report on the status of the regulation in its domestic process. A status report shall be submitted for each subsequent one-year period if neither of those actions has been taken by the end of that period. Each report required by this paragraph shall:7.4.1. include a description of the steps taken during the past year to submit the Regulation and make a final decision and an indication of the anticipated date of such a decision; and7.4.2. be submitted to the Secretary-General not later than 60 days after the end of the one-year period for which the report is submitted.7.5. A Contracting Party that accepts products that comply with an established global technical regulation without adopting that Regulation into its own laws or regulations shall notify the Secretary-General in writing of the date on which it began to accept such products. The Contracting Party shall provide the notification within 60 days after the beginning of such acceptance. If the established global technical regulation contains more than one level of stringency or performance, the notification shall specify which of those levels of stringency or performance is selected by the Contracting Party.7.6. A Contracting Party that has adopted into its own laws or regulations an established global technical regulation may decide to rescind or amend the adopted Regulation. Prior to making that decision, the Contracting Party shall notify the Secretary-General in writing of its intent and the reasons for considering that action. This notice provision shall also apply to a Contracting Party that has accepted products under paragraph 7.5 and that intends to cease accepting such products. The Contracting Party shall notify the Secretary-General of its decision to adopt any amended or new regulation within 60 days after that decision. Upon request, the Contracting Party shall promptly provide copies of such amended or new regulation to other Contracting Parties.Article 8Issue resolution8.1. Questions concerning the provisions of an established global technical regulation shall be referred to the Executive Committee for resolution.8.2. Issues between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, so far as possible, be resolved through consultation or negotiation between or among them. Where this process fails to resolve the issues, the Contracting Parties concerned may agree to request the Executive Committee to resolve the issue as provided in paragraph 7.3 of Article 7 of Annex B.Article 9Becoming a Contracting Party9.1. Countries and regional economic integration organisations specified in Article 2 may become Contracting Parties to this Agreement by either:9.1.1. signature without reservation as to ratification, acceptance or approval;9.1.2. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval;9.1.3. acceptance; or9.1.4. accession.9.2. The instrument of ratification, acceptance, approval or accession shall be deposited with the Secretary-General.9.3. Upon becoming a Contracting Party:9.3.1. after this Agreement has entered into force, each country or regional integration organisation shall give notification in accordance with Article 7 as to which, if any, global technical regulations) established pursuant to Article 6 it will adopt, and as to any decision to accept products that comply with any of those global technical regulations, without adopting those Regulations into its own laws or regulations. If the established global technical regulation contains more than one level of stringency or performance, the notification shall specify which of those levels of stringency or performance is adopted or accepted by the Contracting Party.9.3.2. each regional economic integration organisation shall declare in matters within its competence that its Member States have transferred powers in fields covered by this Agreement, including the power to make binding decisions on their Member States.9.4. Regional economic integration organisations that are Contracting Parties shall cease being Contracting Parties when they lose the powers declared in accordance with paragraph 9.3.2 of this Article and shall inform the Secretary-General thereof.Article 10Signature10.1. This Agreement shall be open for signature beginning 25 June 1998.10.2. This Agreement shall remain open for signature until its entry into force.Article 11Entry into force11.1. This Agreement and its Annexes, which constitute integral parts of the Agreement, shall enter into force on the 30th day following the date on which a minimum of five countries and/or regional economic integration organisations have become Contracting Parties pursuant to Article 9. This minimum of five must include the European Community, Japan, and the United States of America.11.2. If, however, paragraph 11.1 of this Article is not satisfied 15 months after the date specified in paragraph 10.1, then this Agreement and its Annexes, which constitute integral parts of the Agreement, shall enter into force on the 30th day following the date on which a minimum of eight countries and/or regional economic integration organisations have become Contracting Parties pursuant to Article 9. Such date of entry into force shall not be earlier than 16 months after the date specified in paragraph 10.1. At least one of these eight must be either the European Community, Japan or the United States of America.11.3. For any country or regional economic integration organisation that becomes a Contracting Party to the Agreement after its entry into force, this Agreement shall enter into force 60 days after the date that such country or regional economic integration organisation deposits its instrument of ratification, acceptance, approval or accession.Article 12Withdrawal from Agreement12.1. A Contracting Party may withdraw from this Agreement by notifying the Secretary-General in writing.12.2. Withdrawal from this Agreement by any Contracting Party shall take effect one year after the date on which the Secretary-General receives notification pursuant to paragraph 12.1 of this Article.Article 13Amendment of Agreement13.1. A Contracting Party may propose amendments to this Agreement and the Annexes to this Agreement. Proposed amendments shall be submitted to the Secretary-General, who shall transmit them to all Contracting Parties.13.2. A proposed amendment transmitted in accordance with paragraph 13.1. of this Article shall be considered by the Executive Committee at its next scheduled meeting.13.3. If there is a consensus vote in favour of the amendment by the Contracting Parties present and voting, it shall be communicated by the Executive Committee to the Secretary-General who shall then circulate the amendment to all Contracting Parties.13.4. An amendment circulated under paragraph 13.3 of this Article shall be deemed to be accepted by all Contracting Parties if no Contracting Party expresses an objection within a period of six months after the date of such circulation. If no such objection has been expressed, the amendment shall enter into force for all Contracting Parties three months after the expiry of the period of the six months referred in this paragraph.13.5. The Secretary-General shall, as soon as possible, notify all Contracting Parties whether an objection to the proposed amendment has been expressed. If such objection has been expressed, the amendment shall be deemed not to have been accepted, and shall be of no effect whatever.Article 14DepositaryThe Depository of this Agreement shall be the Secretary-General of the United Nations. In addition to other depository functions, the Secretary-General shall, as soon as possible, notify the Contracting Parties of:14.1. the listing or removing of technical regulations under Article 5.14.2. the establishing or amending of global technical regulations under Article 6.14.3. notifications received in accordance with Article 7.14.4. signatures, acceptances, and accessions in accordance with Articles 9 and 10.14.5. notifications received in accordance with Article 9.14.6. the dates on which this Agreement shall enter into force for Contracting Parties in accordance with Article 11.14.7. notifications of withdrawal from this Agreement received in accordance with Article 12.14.8. the date of entry into force of any amendment to this Agreement in accordance with Article 13.14.9. notifications received in accordance with Article 15 regarding territories.Article 15Extension of Agreement to territories15.1. This Agreement shall extend to any territory or territories of a Contracting Party for whose international relations such Contracting Party is responsible, unless the Contracting Party otherwise specifies, prior to entry into force of the agreement for that Contracting Party.15.2. Any Contracting Party may denounce this Agreement separately for any such territory or territories in accordance with Article 12.Article 16SecretariatThe Secretariat of this Agreement shall be the Executive Secretary of the UN/ECE. The Executive Secretary shall carry out the following secretariat functions:16.1. prepare the meetings of the Executive Committee and the working parties;16.2. transmit to the Contracting Parties reports and other information received in accordance with the provisions of this Agreement; and16.3. discharge the functions assigned by the Executive Committee.Annex ADefinitionsFor the purposes of this Agreement, the following definitions shall apply:1. With regard to the global technical regulations developed under this Agreement, the term "accept" means the action by a Contracting Party of allowing the entry of products that comply with a global technical regulation into its market without having adopted that global technical regulation into its respective laws and regulations.2. With regard to the global technical regulations developed under this Agreement, the term "adopt" means the promulgation of a global technical regulation into the laws and regulations of a Contracting Party.3. With regard to the global technical regulations developed under this Agreement, the term "apply" means the action of requiring compliance with a global technical regulation by a Contracting Party as of a certain date; in other words, the effective date of the regulation within a Contracting Party's jurisdiction.4. The term "Article" means an article of this Agreement.5. The term "consensus vote" means a vote on a matter in which no Contracting Party present and voting objects to the matter in accordance with paragraph 7.2. of Article 7 of Annex B.6. The term "Contracting Party" means any country, or regional economic integration organisation, that is a Contracting Party to this Agreement.7. The term "equipment and parts which can be fitted and/or be used on wheeled vehicles" means equipment or parts whose characteristics have a bearing on safety, environmental protection, energy efficiency, or anti-theft performance. Such equipment and parts include, but are not limited to, exhaust systems, tyres, engines, acoustic shields, anti-theft alarms, warning devices, and child restraint systems.8. The term "established global technical regulation" means a global technical regulation that has been placed on the Global Registry in accordance with this Agreement.9. The term "listed technical regulation" means a national or regional technical regulation that has been placed on the Compendium of Candidates in accordance with this Agreement.10. The term "manufacturer self-certification" means a Contracting Party's legal requirement that a manufacturer of wheeled vehicles, equipment and/or parts which can be fitted and/or be used on wheeled vehicles must certify that each vehicle, item of equipment or part that the manufacturer introduces into commerce satisfies specific technical requirements.11. The term "regional economic integration organisation" means an organisation which is constituted by, and composed of, sovereign countries, and which has competence in respect of matters covered by this Agreement, including the authority to make decisions binding on all of its Member Countries in respect of those matters.12. The term "Secretary-General" means the Secretary-General of the United Nations.13. The term "transparent procedures" means procedures designed to promote the public awareness of and participation in the regulatory development process under this Agreement. They shall include the publication of:1. notices of meetings of the working parties and of the Executive Committee; and2. working and final documents.They shall also include the opportunity to have views and arguments represented at:1. meetings of working parties through organisations granted consultative status; and2. meetings of working parties and of the Executive Committee through premeeting consulting with representatives of Contracting Parties.14. The term "type approval" means written approval of a Contracting party (or competent authoritiy designated by a Contracting Party) that a vehicle and/or any item of equipment and/or part that can be fitted and/or be used on a vehicle, satisfies specific technical requirements, and is used as a precondition to the introduction of the vehicle, equipment or part into commerce.15. The term "UN/ECE Regulations" means United Nations/Economic Commission for Europe Regulations adopted under the 1958 Agreement.16. The term "working party" means a specialised technical subsidiary body under the ECE whose function is to develop recommendations regarding the establishment of harmonised or new global technical regulations for inclusion in the Global Registry and to consider amendments to the global technical regulations established in the Global Registry.17. The term "1958 Agreement" means the Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions.Annex BComposition and rules of procedure of the executive committeeArticle 1Membership in the Executive Committee shall be limited to Contracting Parties.Article 2All Contracting Parties shall be members of the Executive Committee.Article 33.1. Except as provided in paragraph 3.2. of this Article, each Contracting Party shall have one vote.3.2. If a regional economic integration organisation and one or more of its Member States are Contracting Parties to this Agreement, the regional economic integration organisation shall, in matters within its competence, exercice its right to vote with a numbr of votes equal to the number of its Member States that are Contracting Parties to this Agreement. Such an organisation shall not exercise its right to vote if any of its Member States exercises its right, and vice versa.Article 4In order to cast its own vote, a Contracting Party shall be present. A Contracting Party need not be present for the casting of a vote by its regional economic integration organisation.Article 55.1. A quorum consisting of not less than half of all the Contracting Parties shall be present for the taking of a vote.5.2. For purposes of determining a quorum under this Article, and determining the number of Contracting Parties needed to constitute one-third of the Contracting Parties present and voting under paragraph 7.1 of Article 7 of this Annex, a regional economic integration organisation and its Member States shall be counted as one Contracting Party.Article 66.1. The Executive Committe shall, at its first session each calendar year, elect a Chairman and Vice-Chairman from its membership. The Chairman and Vice-Chairman shall be elected by a two-thirds affirmative vote of all Contracting Parties present and voting.6.2. Neither the Chairman, nor the Vice-Chairman, shall come from the same Contracting Party more than years in succession. In any year, the Chairman and Vice-Chairman shall not come from the same Contracting Party.Article 77.1. A national or regional regulation shall be listed in the Compendium of Candidates by an affirmative vote of either at least one-third of the Contracting Parties present and voting (as defined in Article 5.2. of this Annex), or one-third of the total number of votes cast, whichever is more favourable to achieving an affirmative vote. In either case, the one-third shall include the vote of either the European Community, Japan or the United States, if any of them are Contracting Parties.7.2. Establishing a global technical regulation in the Global Registry, amending an established global technical regulation and amending this Agreement shall by a consensus vote of the Contracting Parties present and voting. A present and voting Contracting Party that objects to a matter for which a consensus vote is necessary for adoption shall provide a written explanation of its objection to the Secretary-General within 60 days from the date of the vote. If such Contracting Party fails to provide such explanation during that period, it shall be considered as having voted in favour of the matter on which the vote was taken. It all Contracting Parties that objected to the matter so fail, the vote on the matter shall be considered to have been a consensus vote in favour of the matter by all persons present and voting. In that event, the date of the vote shall be considered to be the first day after that 60-day period.7.3. All other matters requiring resolution may, at the discretion of the Executive Committee, be resolved by the voting process set forth in paragraph 7.2. of this Article.Article 8Contracting Parties that abstain from voting are considered as not voting.Article 9The Executive Secretary shall convene the Executive Committee whenever a vote is required to be taken under Article 5, 6 or 13 of this Agreement or whenever necessary to conduct activities under this Agreement.ANNEX IIThe European Community declares in matters within its competence that its Member States have transferred powers to it in fields covered by this Agreement, including the power to make binding decisions on them.ANNEX IIIPRACTICAL ARRANGEMENT WITH REGARD TO THE INVOLVEMENT OF THE COMMUNITY AND THE MEMBER STATES AS CONTRACTING PARTIES TO THE PARALLEL AGREEMENT IN THE WORK OF THE UN/ECE1. The contribution of the Community with regard to the priorities of the work programme shall be established as appropriate in accordance with the procedure laid down in Article 300(1) of the Treaty.2. Commission and Member States experts shall participate in the preparatory work of experts groups with the objectives of facilitating the establishing in the global registry of a proposed global technical regulation or amending an existing regulation. In the course of this preparatory work, Member States experts may advance technical opinions and may participate fully in the technical discussion only on the basis of their technical expertise without binding the Community.Otherwise, Member States which are Contracting Parties to the Parallel Agreement shall exercise rights and assume obligations under this Agreement only in the non-harmonised sector and to the extent that a global technical regulation is established in parallel with or to a technical regulation which is not binding upon the Community under the 1958 Agreement and it has not been decided by the Council, acting on qualified majority on a proposal from the Commission, that the Community shall exercise those rights and assume those obligations.3. The Commission shall inform the European Parliament, particularly with regard to the drawing up of the work programme and to the direction an results of preparatory work. The Commission shall in addition forward draft global technical regulations and amendments to the Parliament in good time.4. The Commission shall represent the Community in the Executive Committee as set up by Article 3 of the Parallel Agreement. The Commission shall exercise the right to vote for the Community within the bodies set up under the Agreement.5. The Community institutions will accelerate their procedures as far as possible in order not to delay the vote within the UN/ECE unnecessarily. For this purpose the Commission shall submit its proposal or draft decision, as required by Article 5(1) as soon as all of the essential components of the draft global technical regulation or the amendment have been supplied.

Summary: Global technical harmonisation of vehicles Global technical harmonisation of vehicles SUMMARY OF: Decision 97/836/EC — accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) Decision 2000/125/EC — conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles WHAT IS THE AIM OF THE DECISIONS? Decision 97/836/EC authorises the EU to become a member of the United Nations Economic Commission for Europe (UN/ECE)’s 1958 agreement harmonising technical standards for wheeled vehicles*, their equipment and parts. The aim is to remove technical barriers to trade in motor vehicles between countries signed up to the agreement. Decision 2000/125/EC gives the EU’s approval to a parallel agreement, finalised in June 1998. Its aim is to establish global technical regulations on the safety, environmental protection, energy efficiency and anti-theft performance for wheeled vehicles, equipment and parts. The EU’s involvement in both agreements ensures consistency in their different harmonisation activities. KEY POINTS Decision 97/836/EC: lists the UN/ECE regulations (over 100) the EU will implement. These range from headlamps and brakes to seat belts and anti-theft devices; states that the EU may withdraw from, or sign up to, a regulation as it wishes; sets out the practical arrangements for the EU’s involvement in the UN/ECE’s work, both on new regulations and priorities for the organisation’s work programme; confirms that EU countries which sign up to UN regulations, to which the EU as a whole is not party, may apply them provided these are not incompatible with the EU legislation on type approval* for motor vehicles. The UN/ECE 1958 agreement: establishes an administrative committee with representatives from all signatory countries to prepare the technical regulations for wheeled vehicles, equipment and parts; lays down the administrative committee’s composition and rules of procedure: a quorum requires at least half of the member countries to be present;a two-thirds majority is needed to approve a new regulation or adopt an amendment;a regulation comes into force 6 months after being adopted, unless over one third of members disagree; stipulates that regulations cover: wheeled vehicles, equipment and parts;technical requirements;test methods for performance requirements;conditions for granting type approval;date of entry into force; sets out procedures to ensure vehicles and parts meet the required standards before receiving type approval; enables signatory countries to grant type approval for vehicles, equipment and parts satisfying the various regulations and confirms they must accept those issued by their partners; requires any disputes between members to be settled by negotiation and, failing that, by arbitration. The Parallel Agreement: establishes an executive committee to implement the agreement; sets out the criteria technical regulations must meet; provides 2 procedures, instead of mutual recognition of the type-approval system, to agree new global technical regulations: harmonising existing national regulations or standards contained in a compendium as candidates for global agreement;drafting new regulations which would be listed in a global registry; confirms the European Commission represents the EU in: adopting and notifying global technical regulations;participating in resolving disputes;amending the agreement. DATE OF ENTRY INTO FORCE The EU became a contracting party to the 1958 agreement on 24 March 1998. The parallel agreement of 1998 entered into force on 25 August 2000. BACKGROUND The 2 agreements contribute to the aims of the EU’s common commercial policy by eliminating technical barriers to trade and helping access to non-EU markets. For more information, see: International technical harmonisation (European Commission) Text of the 1958 Agreement (United Nations Economic Commission for Europe) What UNECE does for you (United Nations Economic Commission for Europe) World Forum for Harmonization of Vehicle Regulations (WP.29) — How It Works, How to Join It (United Nations Economic Commission for Europe) KEY TERMS Wheeled vehicle: a vehicle that moves on wheels and usually has a container to transport people or things. Type approval: the process applied by national authorities to certify that a model of a vehicle meets all EU safety, environmental and conformity of production requirements before authorising it to be placed on the EU market. MAIN DOCUMENTS Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, pp. 78-94) Successive amendments to Decision 97/836/EC have been incorporated into the original text. This consolidated version is of documentary value only. Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) (OJ L 35, 10.2.2000, pp. 12-13) See consolidated version. Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles — Composition and rules of procedure of the executive committee (OJ L 35, 10.2.2000, pp. 14-27) last update 23.07.2019


EUR-Lex - 22000A0111(02) - EN Avis juridique important | 22000A0111(02) Agreement for scientific and technological cooperation between the European Community and the Government of the People's Republic of China Official Journal L 006 , 11/01/2000 P. 0040 - 0045 AGREEMENTfor scientific and technological cooperation between the European Community and the Government of the People's Republic of ChinaTHE EUROPEAN COMMUNITY, hereinafter referred to as the "Community",on the one part, andTHE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA,on the other part,hereinafter referred to as the "Parties";CONSIDERING the 1985 Agreement on trade and economic cooperation between the European Economic Community and the People's Republic of China;CONSIDERING the importance of science and technology for their economic and social development;CONSIDERING the ongoing scientific and technological cooperation between the Community and China;CONSIDERING that the Community and China are currently pursuing research and technological activities, including demonstration activities, in a number of areas of common interest and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits;DESIRING to establish a formal basis for cooperation in scientific and technological research which will extend and strengthen the conduct of cooperative activities in areas of common interest and encourage the application of the results of such cooperation to their economic and social benefit;CONSIDERING that this Agreement for scientific and technological cooperation is within the context of the global cooperation between China and the Community,HAVE AGREED AS FOLLOWS:Article 1PurposeThe Parties shall encourage, develop and facilitate cooperative activities between the Community and China in fields of common interest where they are pursuing research and development activities in science and technology.Article 2DefinitionFor the purpose of this Agreement:(a) "cooperative activity" means any activity which the Parties undertake or support, pursuant to this Agreement, and includes joint research;(b) "information" means scientific or technical data, results or methods of research and development stemming from joint research and any other data deemed necessary by the participants to cooperative activities; including, as necessary, by the Parties themselves;(c) "intellectual property" shall have the meaning defined in Article 2 of the Convention a establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967;(d) "joint research" means research, technological development or demonstration that is implemented with or without financial support from one or both Parties and that involves collaboration by participants from both the Community and China and is designated as joint research in writing by the Parties or their scientific and technological organisations and agencies implementing the scientific research programmes. In the case where there is funding by only one Party the designation is made by that Party and the participant in that project;(e) "Participant" or "research entities" means any person moral or private, any research institute or any other legal entity or firm established in the Community or in China involved in cooperative activities including the Parties themselves.Article 3PrinciplesCooperative activities shall be conducted on the basis of the following principles:(a) mutual benefit based on an overall balance of advantages;(b) reciprocal access to the activities of research and technological development undertaken by each Party;(c) timely exchange of information which may affect cooperative activities;(d) appropriate protection of intellectual property rights.Article 4Areas of cooperative activitiesCooperation under this Agreement may cover all the activities of research, technological development and demonstration, hereinafter referred to as "RTD", included in the first activity of the framework programme under Article 130g of the Treaty establishing the European Community and all similar RTD activities in China in the corresponding scientific and technological fields.This Agreement does not affect the participation of China, as a developing country, in Community activities in the field of research for development.Article 5Forms of cooperative activities(a) Subject to their applicable laws, regulations and policies, the Parties shall foster, to the fullest extent practicable, the involvement of participants in cooperative activities under this Agreement with a view to providing comparable opportunities for participation in their scientific and technological research and development activities.(b) Cooperative activities may take the following forms:- participation of Chinese research entities to RTD projects under the first activity of the framework programme and reciprocal participation of research entities established in the Community to Chinese projects in similar sectors of RTD. Such a participation is subject to the rules and procedures applicable in each Party,- pooling of RTD projects already implemented according to the procedures applicable in the RTD programmes of each Party,- visits and exchanges of scientists and technical experts,- joint organisation of scientific seminars, conferences, symposia and workshops, as well as participation of experts to those activities,- concerted actions,- exchanges and sharing of equipment and materials,- exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement,- any other modality that would be recommended by the Steering Committee and deemed in conformity with the policies and procedures applicable in both Parties.The joint RTD projects shall be implemented when the participants have developed a technology management plan, as indicated in the Annex to this Agreement.Article 6Coordination and facilitation of cooperative activities(a) The coordination and facilitation of cooperative activities under this Agreement shall be accomplished on behalf of China, by the Ministry of Science and Technology and, on behalf of the Community, by the services of the Commission of the European Communities, acting as executive agents.(b) The executive agents shall establish a Steering RTD Cooperation Committee, hereinafter referred to as the "Steering Committee" for the management of this Agreement; this Committee shall consist of an equal number of official representatives of each Party; it shall establish its own rules of procedure.(c) The functions of the Steering Committee shall include:1. promoting and overseeing the different cooperative activities as mentioned in Article 4 as well as those that would be implemented in the framework of RTD cooperation for development;2. indicating, for the following year, pursuant to Article 5(b), first indent, among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;3. proposing, pursuant to Article 5(b), second indent, to the scientists of both Parties the pooling of their projects which would be of mutual benefit and complementary;4. making recommendations pursuant to Article 5 (b), seventh indent;5. advising the Parties on ways to enhance and improve cooperation consistent with the principles set out in this Agreement;6. reviewing the efficient functioning and implementation of this Agreement;7. annually providing a report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report will be transmitted to the Joint Committee established under the 1985 Agreement on trade and economic cooperation between the European Economic Community and the People' Republic of China.(d) The Steering Committee shall, as a general rule, meet annually, preferably before the meeting of the Joint Committee established under the 1985 Agreement on trade and economic cooperation between the European Economic Community and the People's Republic of China, and according to a jointly agreed schedule; the meetings should be held alternatively in the Community and in China. Extraordinary meetings may be organised at the request of either Party.(e) The costs incurred by the Steering Committee or in its name shall be borne by the Party to whom members relate. The costs other than those for travel and accommodation which are directly associated with meetings of the Steering Committee shall be borne by the host Party.Article 7Funding(a) Cooperative activities shall be subject to the availability of appropriated funds and to the applicable laws and regulations, policies and programmes of the Parties. The costs incurred by the participants to cooperative activities will not lead to any transfer of funds from one Party to the other.(b) When specific cooperative schemes of one Party provide for financial support to participants from the other Party, any such grants, financial or other contributions from one Party to the participants of the other Party in support of those activities shall be granted tax and customs exemption in accordance with the laws and regulations applicable in the territories of each Party.Article 8Entry of personnel and equipmentEach Party shall take all reasonable steps and use its best efforts, within the laws and regulations applicable in the territories of each Party, to facilitate entry to, sojourn and exit from its territory of persons, material, data and equipment involved in or used in cooperative activities identified by the Parties under the provisions of this Agreement.Article 9Diffusion and utilisation of informationThe research entities established in China which are involved in Community RTD projects shall follow, as regards the ownership, diffusion and utilisation of information and as regards the intellectual property stemming from this involvement, the rules of diffusion of research results stemming from the Community RTD specific programmes as well as the provisions of the Annex to this Agreement.The research entities established in the Community which are involved in Chinese RTD projects have, as regards the ownership, diffusion and utilisation of information and as regards the intellectual property stemming from this involvement, the same rights and the same obligations as the Chinese research entities and are subject to the provisions of the Annex to this Agreement.The Annex on intellectual property rights is an integral part of this Agreement.Article 10Territorial applicationThis Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and on the other hand to the territory of the People's Republic of China. This shall not prevent the conduct of cooperative activities on the high seas, outer space, or the territory of third countries, in accordance with international law.Article 11Entry into force, termination and dispute settlement(a) This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.(b) This Agreement shall be concluded for an initial period of five years and may be renewed by common agreement between the Parties (tacit renewal) after evaluation during the penultimate year of each successive period.(c) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for amending this Agreement have been completed.(d) This Agreement may be terminated at any time by either Party upon six months' written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex.(e) All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement between the Parties.In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.Done at, Brussels on 22 december 1998, in two copies, in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, and Chinese languages, with each text being equally authentic.For the Council of the European Union>PIC FILE= "L_2000006EN.004201.EPS">For the Government of the People's Pepublic of China>PIC FILE= "L_2000006EN.004202.EPS">ANNEXINTELLECTUAL PROPERTY RIGHTSRights to intellectual property created or furnished under the Agreement shall be allocated as provided for in this Annex.I. ApplicationThis Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the Parties.II. Ownership, allocation and exercise of rights1. For purposes of this Annex "intellectual property" is defined in Article 2(c) of the Agreement.2. This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants, which will be determined by the laws and practices applicable to each Party.3. The Parties will also be guided by, and contractual arrangements should provide for, the following principles:(a) effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under the Agreement, of implementation arrangements and seek protection for such intellectual property in a timely fashion;(b) effective exploitation of results, taking into account the contributions of the Parties and their participants;(c) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants;(d) protection of business-confidential information.4. The participants shall jointly develop a technology management plan (TMP) in respect of the ownership and use, including publication of information and intellectual property to be created in the course of joint research. The TMP will be approved by the responsible funding agency, or department of the Party involved in financing the research before the conclusion of the specific research and development cooperation contracts to which they are attached. The TMP shall be developed within the rules and regulations in force at each Party taking into account the aims of the joint research, the relative financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, the transfer of export-controlled data, goods or services, requirements imposed by the applicable laws and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers (i.e. researchers not coming from a Party or a participant) in respect of intellectual property will also be addressed in the joint TMP.The TMP is a specific agreement to be concluded between the participants about the implementation of joint research and the respective rights and obligations of the participants.With respect to intellectual property, the TMP will normally address, among other things, ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP may also address foreground and background information, licensing and deliverables.5. Information or intellectual property created in the course of joint research and not addressed in the TMP will be allocated, with the approval of the Parties, according to the principles set out in the TMP. In case of disagreement, such information or intellectual property will be owned jointly by all the participants involved in the joint research from which the information or intellectual property results. Each participant to whom this provision applies will have the right to use such information or intellectual property for his own commercial exploitation with no geographical limitation.6. Each Party will ensure that the other Party and its participants may have the rights to intellectual property allocated to them in accordance with these principles.7. While maintaining the condition of competition in areas affected by the Agreement, each Party will endeavour to ensure that rights acquired pursuant to the Agreement and arrangements made under it are exercised in such a way as to encourage, in particular (i) the dissemination and use of information created, disclosed or otherwise made available, under the Agreement, and (ii) the adoption and implementation of international standards.8. The termination or expiry of the Agreement will not affect rights or obligations under this Annex.III. Copyright works and scientific literary worksCopyright belonging to the Parties or to their participants will be accorded treatment consistent with the Berne Convention (Paris Act 1971). Copyright protection will extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such. Limitations or exceptions to exclusive rights will be confined to certain special cases which do not conflict with a normal exploitation of the work and do not reasonably prejudice the legitimate interests of the right holder.Without prejudice to Section II, and unless otherwise agreed in the TMP, publication of results of research shall be made jointly by the Parties or participants to that joint research. Subject to the foregoing general rule, the following procedures shall apply1. In the case of publication by a Party, or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software arising from joint research pursuant to the Agreement, the other Party will be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works.2. The Parties will ensure that literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers will be disseminated as widely as possible.3. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.IV. Inventions, discoveries and other science and technology achievementsInventions, discoveries and other science and technology achievements created under cooperative activities between the Parties themselves will be owned by the Parties unless otherwise agreed by the Parties.V. Undisclosed informationA. Documentary undisclosed information1. Each Party, its agencies or its participants, as appropriate, will identify at the earliest possible moment and preferably in the TMP the information that they wish to remain undisclosed in relation to the Agreement, taking into account inter alia the following criteria:(a) secrecy of the information in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the fields;(b) the actual or potential commercial value of the information by virtue of its secrecy;(c) previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy.The Parties and their participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to the Agreement may not be disclosed.2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part.A Party receiving undisclosed information pursuant to the Agreement will respect the privileged nature thereof. These limitations will automatically terminate when this information is disclosed by the owner into the public domain.3. Undisclosed information communicated under the Agreement may be disseminated by the receiving Party to persons within or employed by the receiving Party and other concerned departments or agencies in the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be readily recognisable as such, as set out above.4. With the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in point 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws.B. Non-documentary undisclosed informationNon-documentary undisclosed or other confidential information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principles specified for documentary information in the Agreement; provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware of the confidential character of the information communicated at the time such communication is made.C. ControlEach Party shall endeavour to ensure that undisclosed information received by it under the Agreement will be controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of Sections A and B, it shall immediately inform the other Party. The Parties will thereafter consult to define an appropriate course of action.

Summary: Scientific and technological cooperation between the EU and China Scientific and technological cooperation between the EU and China SUMMARY OF: Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China Decision 2000/16/EC – Conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement establishes a formal framework for cooperation between the European Community, now the European Union (EU), and China, aiming at encouraging, developing and facilitating cooperative research and development activities in fields of science and technology of common interest. By its decision, the Council of the European Union approved the conclusion of the agreement on behalf of the European Community. KEY POINTS Activities carried out under the agreement are based on a number of principles: mutual benefit; reciprocal access to activities; timely exchange of information; appropriate protection of intellectual property rights. Fields of cooperation The agreement covers all areas of research, technological development and demonstration. Activities Cooperative activities may include the following: the participation of Chinese research entities in research, technological development and demonstration projects under the EU framework programme for research and innovation, and the reciprocal participation of EU-based research entities in Chinese projects in similar sectors; the pooling of research, technological development and demonstration projects; visits and exchanges of scientists and technical experts; the joint organisation of scientific seminars, conferences, symposia and workshops, and the participation of experts in those activities; concerted actions; the exchange and sharing of equipment and materials; the exchange of information on practices, laws, regulations and programmes relevant to cooperation under this agreement. DATE OF ENTRY INTO FORCE The agreement was signed on 22 December 1998 and entered into force on 14 December 1999 for an initial period of 5 years. It is renewed after evaluation during the fourth year of each successive 5-year period. It has been tacitly renewed most recently in 2019 for an additional period of 5 years. BACKGROUND Cooperation between the EU and China was enhanced in 2012 with the signature of a joint declaration setting up a high-level EU–China innovation cooperation dialogue. Relations between the EU and China are more broadly governed by the 2013 EU–China 2020 strategic agenda for cooperation. For further information, see: The European Union and China (European Union External Action Service) For further information about research and innovation cooperation with China, see: China (European Commission). MAIN DOCUMENTS Council Decision 2000/16/EC of 2 December 1999 concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China (OJ L 6, 11.1.2000, p. 39). Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China (OJ L 6, 11.1.2000, pp. 40–45). RELATED DOCUMENTS Agreement on Trade and Economic Cooperation between the European Economic Community and the People’s Republic of China (OJ L 250, 19.9.1985, pp. 2–7). last update 14.02.2022