# EUR-Lex - 52014PC0678 - EN

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# 52014PC0678

**Proposal for a COUNCIL DECISION establishing the position to be adopted on the Union's behalf in the Administrative Committee of the United Nations Economic Commission for Europe on the draft new Regulation on hydrogen and fuel cell vehicles /* COM/2014/0678 final - 2014/0313 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

· 
Grounds for and objectives of the proposal

At international level, the United Nations
Economic Commission for Europe (UNECE) develops harmonised requirements,
intended to remove technical barriers to the trade in motor vehicles and
systems used for such motor vehicles between the Contracting Parties to the ‘Revised
1958 Agreement’[1]
and to ensure that such vehicles and systems offer a high level of safety and
environmental protection.

The UNECE recently finalised a draft
Regulation on uniform provisions concerning the approval of motor vehicles and
their components with regard to the safety-related performance of
hydrogen-fuelled vehicles[2].
The objective of this draft Regulation is to establish a high level of safety
for compressed hydrogen storage systems, vehicle fuel systems and their
specific components. The established provisions of Global Technical Regulation
No 13 on Hydrogen Safety, as adopted through Council Decision 10157/13[3], are effectively transposed
into the draft new UNECE Regulation.

The present proposal aims at defining the
Union's position with regard to the draft UNECE Regulation on Hydrogen Safety
consequently to provide for the Union, represented by the Commission, to vote
in favour of this draft.

At EU level, Item 62 of Part I to Annex IV
to Directive 2007/46/EC of the European Parliament and of the Council[4] provides for the
application of Regulation (EC) No 79/2009 of the European Parliament and of the
Council[5]
concerning hydrogen safety. At a later stage, measures shall be taken to enable
the draft UNECE regulation on Hydrogen Safety to be applied within the European
Union for the type-approval of vehicles equipped with such systems as
equivalent to the current EU Regulation.

· 
General context

Regulation (EC) No 79/2009 of the European
Parliament and of the Council lays down detailed rules for the type-approval of
hydrogen fuelled vehicles and their components. It is now envisaged for the
Union to vote in favour of the related draft new UNECE Regulation on Hydrogen
Safety in order to have common harmonised requirements at international level
which will facilitate international trade. This will enable the European vehicle
manufacturer and supplier industry to follow one set of requirements recognised
worldwide, i.e. in the respective territories of the Contracting Parties to the
‘Revised 1958 Agreement’, in order to promote the world-wide application of
this environmentally friendly technology, by reducing the industry’s burden of
double testing and certification according to diverging national or regional
legislation related to hydrogen fuelled vehicles.

· 
Existing provisions in the area of the
proposal

Regulation (EC) No 79/2009 of the European
Parliament and of the Council on type-approval of hydrogen-powered motor
vehicles.

Commission Regulation (EU) No 406/2010 of
26 April 2010 implementing Regulation (EC) No 79/2009 of the European
Parliament and of the Council on type-approval of hydrogen-powered motor
vehicles[6].

· 
Consistency with the other policies and
objectives of the Union

The proposal is in line with the objectives
of the Framework Directive on the approval of motor vehicles and their
trailers, and of systems, components and separate technical units intended for
such vehicles, as well as the objectives of Regulation (EC) No 79/2009 on
type-approval of hydrogen-powered motor vehicles. The proposal is therefore
consistent with the EU objective to provide for a high level of road safety concerning
motor vehicles.

2.           RESULTS OF CONSULTATIONS WITH
THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

· Consultation of interested parties

In developing the proposal the European Commission has consulted stakeholders. There has been general consultation through the UNECE informal working group on Hydrogen Safety under the Working Party on Passive Safety (GRSP) as well as dissemination of information and subsequent discussions in the Technical Committee – Motor Vehicles during the development of the Global Technical Regulation on Hydrogen Safety and the subsequent draft new UNECE Regulation based on the Global Technical Regulation. · Impact assessment The European Commission had an impact assessment carried out for Regulation (EC) No 79/2009 which encompasses Hydrogen Safety. The provisions as proposed under UNECE are complementary, but have also been analysed through the European Commission’s study on Hydrogen-Powered Vehicles: A Comparison of the European Legislation and the Draft UNECE Global Technical Regulation (Specific Contract No SI2.575155) under Multiple framework contracts for the provision of consultancy services in the automotive sector (ENTR/2009/030).

3.           LEGAL ELEMENTS OF THE
PROPOSAL

· 
Summary of the proposed action

The proposal defines the Union's position
in the voting of the draft new UNECE Regulation concerning the approval of
motor vehicles and their components with regard to the safety-related
performance of hydrogen-fuelled vehicles.

· 
Legal basis

The legal basis for this proposal is
Article 114, in conjuntion with Article 218(9) of the Treaty on the Functioning
of the European Union.

· 
Subsidiarity principle

Requirements for motor vehicle hydrogen
safety are already harmonised at Union level. The new provisions will be complementary
in nature. The vote in favour of international instruments like draft UNECE regulations
and their incorporation into the Union system for the type-approval of systems
used in motor vehicles can only be done by the Union. This does not only
prevent fragmentation of the Internal Market, but also ensures an equal level
of safety standards across the Union. It also offers advantages of economies of
scale: products can be made for the whole European market and even the
international market, instead of being customised to obtain national
type-approval for every single Member State.

The proposal therefore complies with the
subsidiarity principle.

· 
Proportionality principle

The proposal complies with the
proportionality principle as it does not go beyond what 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 instruments

The use of a Council Decision is required
by Article 218(9) TFEU in order to establish the position to be adopted on the
Union's behalf in a body set up by an international agreement.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the
Union budget.

2014/0313 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be adopted on
the Union's behalf in the Administrative Committee of the United Nations
Economic Commission for Europe on the draft new Regulation on hydrogen and fuel
cell vehicles

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 114, in
conjunction with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       By Council Decision
97/836/EC[7],
the Union has acceded to the Agreement of the United Nations Economic Commission
for Europe (UNECE) 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’).

(2)       The standardised
requirements of the draft new UNECE Regulation on uniform provisions concerning
the approval of motor vehicles and their components with regard to the
safety-related performance of hydrogen-fuelled vehicles[8] are intended to remove
technical barriers to the trade in motor vehicles and their components between
the Contracting Parties to the ‘Revised 1958 Agreement’ and to ensure that such
vehicles and components offer a high level of safety and protection.

(3)       It is appropriate to establish
the position to be adopted on the Union’s behalf in the Administrative
Committee of the Revised 1958 Agreement concerning the adoption of that draft UNECE
Regulation,

HAS ADOPTED THIS DECISION:

Sole Article

The position to be adopted on the Union's
behalf in the Administrative Committee of the Revised 1958 Agreement shall be to
vote in favour of the draft new UNECE Regulation on uniform provisions
concerning the approval of motor vehicles and their components with regard to
the safety-related performance of hydrogen-fuelled vehicles, as contained in
document ECE TRANS/ WP.29/2014/78.

Done at Brussels,

For
the Council

The
President

[1]               Council Decision 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, p. 78).

[2]               UNECE
Document ECE TRANS/WP.29/2014/78.

[3]               Council Decision 10157/13 of 11
June 2013 on the position to be adopted on behalf of the European Union within
the relevant Committees of the United Nations Economic Commission for Europe
regarding the adaptation to technical progress of Regulations Nos 13, 13H, 16,
29, 44, 53, 79, 94, 95, 96, 117 and 130, and regarding the adoption of a
proposal for a Global Technical Regulation on hydrogen and fuel cell vehicles
and the adaptation to technical progress of Global Technical Regulations Nos 2
and 12 of the United Nations Economic Commission for Europe.

[4]               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 Directive) (OJ L 263,
9.10.2007, p. 1).

[5]               Regulation (EC) No 79/2009 of
the European Parliament and of the Council of 14 January 2009 on type-approval
of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (OJ L 35,
4.2.2009, p. 32).

[6]               Commission Regulation (EU) No
406/2010 of 26 April 2010 implementing Regulation (EC) No 79/2009 of the
European Parliament and of the Council on type-approval of hydrogen-powered
motor vehicles (OJ L 122, 18.5.2010, p. 1)

[7]               Council Decision 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, p. 78).

[8]               UNECE Document ECE TRANS/WP.29/2014/78