EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
  
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of 
the Council and Annexes I, III and IV to Directive 2007/46/EC of the European 
Parliament and of the Council as regards updating the references to and inclusion of 
certain Re gulations of the United Nations Economic Commission for Europe on the 
type-approval of motor vehicles  
(Text with EEA relevance)    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Regulation (EC) No 661/2009  on general vehicles safety (GSR)1 has repealed a large number 
of EC Directives and replaced them with existing international standards under the United 
Nations framework. The United Nations Economic Commission for Europe (UNECE) 
develops harmonised requir ements (UN Regulations) intended to remove technical barriers to 
trade in motor vehicles between the Contracting Parties to the Revised 1958 Agreement and 
to ensure that such vehicles offer a high level of safety and environmental protection. These 
UN regu lations are regularly updated to take into account technical progress.  
The Framework Directive 2007/46/EC2 sets out harmonised safety and environmental 
requirements that motor vehicles have to comply with before being placed on the internal 
market, thus facilitating the free movement of vehicles. This Directive incorporate s UN 
Regulations in the EU type -approv al system, either as requirements for type -approval or as 
alternatives to Union legislation. Since the adoption of that Directive, UN Regulations have 
increasingly been incorporated into Union legislation in the framework of the EU type -
approval.  
Given tha t the annexes to the GSR and the Framework Directive contain static  refer ences to 
UN Regulations , the lists contained therein need to be regularly amended to reflect new series 
of amendmen ts of existing UN Regulations and new UN Regulations adhered to  by the 
Union , which are subsequently translated into all EU languages and published in the Official 
Journal.  
This is the 5th cycle of amendments to the GSR since its adoption in 2009 , the previous being 
done in 20113, 20124, 20155 and 201 66. 
• Consistency with existing policy provisions in the policy area  
This proposal complements and is fully in line with the Union's internal market policy as 
regards the automotive industry.  
In January 2017, the Commission tabled a proposal for Regulation of the European 
Parliament and of the Council on the approval and market surveillance of motor vehicles7, 
which was recently adopted by the legislators. It will repeal the currently applicable 
Framework Directive with effect from 1 September 2020.  
In May 2018, the Europea n Commission adopted also a proposal for a revision of the General 
Safety Regulation8, which is intended to repeal and replace Regulation (EC) No 661/2009 
once adopted by the legislators  and applied .  
                                                 
1 OJ L 200, 31.7.2009, p. 1.  
2 OJ L 263, 9.10.2007, p. 1.  
3 OJ L 108, 28.4.2011, p. 13.  
4 OJ L 160, 21.6.2012, p. 8.  
5 OJ L 28, 4.2.2015, p. 3.  
6 OJ L 165, 23.6.2015, p. 1.  
7 COM(2016)  31. 
8 COM(2018)  286.  
EN 2  EN Notwithstanding the se developments in the legislative f ramework , the annexes to the 
currently applicable regulatory acts  have to continue to be regularly  updated in order to take 
account of technical progress  until the new Regulation s come into effect.  
• Consistency with other Union policies  
The United Nations Economic Commission for Europe (UNECE) system is linked to the 
Union policy on competiveness, on which this initiative has a positive impact. This proposal 
is also consistent with Union transport and energy policies, which are duly consi dered in the 
process for the drafting and adoption of the UN Regulations falling under the 1958 
Agreement.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
• Legal  basis  
The legal basis of this Commission Regulation is Article 39(2) of Directive 2007/46/EC of the 
European Parliament and of the Council and Article 14(1)(a) and (f) of Regulation (EC) No 
661/2009 of the European Parliament and of the Council  which provide for a mandate for the 
Commission to adopt implementing measures to up date the respective annexes to the two acts 
in order to adapt them to technical progress . 
• Subsidiarity  (for non-exclusive  competence)   
The incorporation of UN Regulations and their amendments into the Union system for the EU 
type-approval of motor vehicl es can only be done by the Union. This does not only prevent 
fragmentation of the internal market, but also ensures equal environmental and safety 
standards across the Union. The proposal therefore complies with the subsidiarity principle.  
• Proportionality  
This is an act of technical nature necessary for the regular implementation of the GSR and the 
Framework Directive via  their continuous update to technical progress. It complies with the 
proportionality principle as it does not go beyond wh at is necessary in order to achieve the 
objectives of ensuring the proper functioning of the internal market, while at the same time 
providing for a high level of public safety and protection.   
• Choice  of the instrument  
The proposal amends a regulation, hence the instrument chosen is also a regulation.  
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/fitness  checks  of existing  legislation  
Not applicable .  
• Stakeholder  consultations  
Not applicable.   
• Collection  and use of expertise  
External expertise is not relevant in the case of this proposal. It is however subject to positive 
vote of the Technical Committee on Motor Vehicles.   
EN 3  EN • Impact  assessment  
This proposal cannot be the subject of an impact assessment as no alternative policy options 
are available or possible.  
• Regulatory  fitness  and simplification  
This proposal is not expected to have any negative repercussions in terms of increased 
regulatory burden on EU automotive enterprises,  including SMEs , as it only updates the 
references to international standards already covered by the existing vehicle type -approval 
legislative framework.  Moreover, t he acceptance of internationally harmonised vehicle 
regulations by the U nion’s trading partners is re cognised to have a very positive impact on 
automotive EU competitiveness and international trade.  
• Fundamental  rights  
This measure has no consequences for the protection of human rights . 
4. BUDGETARY  IMPLICATIONS  
This initiative has no budgetary  implicati ons. 
5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
Not applicable . 
• Explanatory  documents  (for directives)  
Not applicable.  
• Detailed  explanation  of the specific  provisions  of the proposal  
The proposal introduces the following amendments : 
– updated references to the new series of amendments of UN Regulations Nos. 10, 16, 34, 39, 
44, 48, 58, 67, 79, 9 4, 100, 107, 11 7, 119, 123, 125, and 128, to be applied on mandatory 
basis in the Union  (Annex IV, GSR) ; 
– reference s to UN Regulation s No 139 (brake assist), No 140 (stability control) and No 141 
(tyre pressure monitoring systems ) are added to the list of mandatory requirements (Annex 
IV, GSR) ; 
– a new point on Acoustic Vehicle Alerting Systems (AVAS) , type -approved either in 
accordance with Regulation (EU) No 540/2014  or UN Regulation No 138 is added to the list  
of information for the purposes of EU type -approval and the information document  (Annex I 
and Section A of Part I to Annex III to the FD);  
– the requirements which apply for the purpose of E U type-approval of vehicles are 
complemented with a reference to UN Regulation No 0 on uniform provisions concerning 
International Whole Vehicle Type Approval  (Annex IV, GSR, and Part II of Annex IV, FD) ; 
– upda ted table with alternative requirements for the purpose of E U type-approval of vehicles 
(Part II of Annex IV to the FD).   
EN 4  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of 
the Council and Annexes I, III and IV to Directive 2007/46/EC of the European 
Parliament and of the Council as regards updating the references to and inclusion of 
certain Re gulations of the United Nations Economic Commission for Europe on the 
type-approval of motor vehicles  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 
September 2007 establishing a framework for the approval of motor vehicles and their 
trailers, and of systems, components and separate technical units intended for such vehicles 
(Framework Direc tive)9, and in particular Article 39(2) thereof,  
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the 
Council of 13 July 2009 concerning type -approval requirements for the general safety of 
motor vehicles, their trailers and systems, components and separate technical units intended 
therefor10, and in particular Article 14(1)(a)  and (f) thereof,  
Whereas:  
(1) Annex IV of Directive 2007/46/EC  lists the requirements applicable for the purpose of 
EC type -approval of motor vehicles. Thos e requirements include U nion legislation and 
in some cases UN Regulations adopted in the context of the United Nations Economic 
Commission for Europe, which apply either on a compulsory basis or as an alternative 
to the Union requirements .  
(2) Annex IV to Reg ulation (EC) No 661/2009  lists the  UN Regulations which apply on a 
compulsory basis in the context of the general safety of vehicles.  
(3) The list s of requirements applicable for the purpose of E U type-approval  in Annex IV 
of Directive 2007/46/EC and the  list of UN Regulations which apply on a compulsory 
basis in Annex IV to Regulation (EC) No 661/2009 are updated frequently to reflect 
the applica tion at Union level of new requirements  in the respective UN Regulations . 
(4) UN Regulation No 0 on the International Whole Vehicle Type Approval11 was 
recently adopted in the context of the United Nations Economic Commission for 
Europe  in order to reduce barriers to trade between the Contracting Parties applying 
that UN Regulation, which include the Union  and its Member S tates, and  to provide an 
increased level of certainty for vehicle manufacturers seeking recognition of their 
type-approval in those Contracting Parties .  
                                                 
9 OJ L 263, 9.10.2007, p. 1.  
10 OJ L 200, 31.7.2009, p. 1.  
11 OJ L 135, 31.5.2018,  p. 1.  
EN 5  EN (5) It is appropriate to update t he lists of requirements which apply for the purpose of E C 
type-approval of vehicles included in Annex IV of Directive 2007/46/EC, as well as 
the list of  UN regulations which apply on a compulsory basis  set out  in Annex IV to 
Regulation (EC) No 661/2009 in order to reflect the changes introduced by UN 
Regulation No 0 . 
(6) The table  in PART II  of Annex IV to Directive 2007/46/EC  is outdated. For this 
reason, it is necessary to update the list of UN Regulations the requirements of which 
are considered as equivalent to the Union requirements for the purpose s of EC type-
approval . 
(7) It is also necessary to update t he list of information for the purposes of EC type-
approval of vehicles contained in Annex I and the information document in Section A 
of Part I of  Annex III to Directive 2007/46/EC with reference s to Acoustic Vehicle 
Alerting Sys tems to be approved in accordance with the provisions either of 
Regulation (EU) No 540/2014  of the European Parliament and of the Council12 or of 
UN Regulation  No 13813. 
(8) Since the new requirements of UN Regulations No 139, No 140 and 141 will require 
manufacturers to adapt their vehicles, sufficient time should be provided for the 
application of those requirements .  
(9) The measures provided for in this Regulation are in accordance with the opinion of 
the Technical Committee – Motor Vehicles , 
HAS ADOPTED T HIS REGULATION:  
Article 1  
Annex IV to Regulation (EC) No 661/2009 is amended in accordance with Annex I to this 
Regulation.  
Article 2  
Annex es I, III and  IV to Directive 2007/46/EC  are amended in accordance with Annex II to 
this Regulation.  
Article 3 
1. With effect from 1 January 2019 , for the purposes of EC type -approval of new types of 
vehicle with regard to their brake assist systems, Member States shall only accept approvals 
granted under UN Regulation No 139 . 
2. With effect from 1 January 2019 , for the purposes of EC type -approval of new types of 
vehicle with regard to their electronic stability control systems,  Member States shall only 
accept approvals granted under  UN Regulation No 1 40. 
3. With effect from 1 January 2019 , for the purposes of EC t ype-approval of new types of 
vehicle with regard to their tyre pressure monitoring systems , Member States shall only 
accept approvals granted under UN Regulation No 14 1. 
                                                 
12 Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the 
sound level of motor vehicles and of replacement silencing systems, and amending Directive 
2007/46/EC and repe aling Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).  
13 OJ L 9, 13.1.2017, p. 33.   
EN 6  EN Article 4 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude Jun cker