# EUR-Lex - 52012PC0178 - EN

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# 52012PC0178

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the relevant Committees of the United Nations Economic Commission for Europe regarding the draft Regulations on Lane Departure Warning Systems and on Advanced Emergency Braking Systems /* COM/2012/0178 final - 2012/0089 (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 between the
Contracting Parties to the Revised 1958 Agreement and to ensure that such
vehicles 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 with
regard to Lane Departure Warning Systems[1] (LDWS) and a draft
Regulation on uniform provisions concerning the approval of motor vehicles with
regard to Advanced Emergency Braking Systems[2] (AEBS). The objective
of these draft Regulations is to establish a high level of safety for motor
vehicles fitted with LDWS and AEBS and uniform test procedures for the
type-approval of such vehicles .

At EU level, Regulation (EC) No 661/2009 on
the general safety of motor vehicles[3] in its Article 10 and its
implementing measures mandate the installation of LDWS and AEBS on certain
motor vehicles of categories M2, N2, M3 and N3.

The present proposal aims at defining the
Union position with regard to those two draft UNECE Regulations on LDWS and
AEBS and consequently to provide for the Union, represented by the Commission,
to vote in favour of these drafts. Hence, it will enable for the draft UNECE Regulations
on LDWS and AEBS to be incorporated into the Union system for the type-approval
of motor vehicles.

·
General context

Regulation (EC) No 661/2009 laid down basic
requirements for the type-approval of motor vehicles of categories M2,
M3, N2 and N3 with regard to the installation
of LDWS. It also laid down basic requirements for the type-approval of motor
vehicles of categories M2, M3, N2 and N3 with
regard to the installation of AEBS. It was necessary to set out the specific
procedures, tests and requirements for such type-approval at EU level. Thus,
the Commission adopted in 2012 two Commission Regulations implementing Regulation
(EC) No 661/2009 respectively on LDWS and AEBS[4] whose
technical provisions are largely based on the corresponding draft UNECE Regulations.

Hence it is now envisaged for the Union to
vote in favour of the two draft UNECE Regulations on LDWS and AEBS in order to
have common harmonised requirements at international level which will
facilitate international trade. This will enable European companies to follow
one set of requirements recognised worldwide, i.e. in the countries Contracting
Parties to the Revised 1958 UNECE Agreement.

·
Existing provisions in the area of the
proposal

Regulation (EC) No 661/2009 entails
requirements for the type-approval of motor vehicles of categories M2,
M3, N2 and N3 with regard to the installation
of LDWS and AEBS. Besides, the Commission adopted in 2012 two Commission
Regulations implementing Regulation (EC) No 661/2009 respectively on LDWS and
AEBS.

·
Consistency with the other policies and
objectives of the Union

The proposal is in line with the objectives
of Regulation (EC) No 661/2009 on the general safety of motor vehicles and is
therefore consistent with the EU objective to provide for a high level of road
and occupational safety.

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 was a general consultation on the envisaged approach as regards LDWS and AEBS in the framework of CARS 21 gathering Member States, manufacturers (European and national representatives and individual companies), component manufacturers, transport organisations and user representatives. The proposed approach on LDWS and AEBS was also discussed in the Technical Committee – Motor Vehicles when a vote took place on the two Commission Regulations implementing Regulation (EC) No 661/2009 respectively on LDWS and AEBS. · Impact assessment The European Commission had an impact assessment carried out for Regulation (EC) No 661/2009 which encompassed LDWS and AEBS. In addition, a cost/benefit study was carried out in conformity with Article 14.3(a) of Regulation No 661/2009 to consider the feasibility of exempting some vehicles or classes of vehicles from the AEBS and LDWS installation requirements.

3.           LEGAL ELEMENTS OF THE PROPOSAL

·
Summary of the proposed action

The proposal will enable the Union,
represented by the Commission, to vote in favour of these drafts UNECE
Regulations on LDWS and AEBS .

·
Legal basis

In order to adapt for the specificities of
the Treaty on the Functioning of the European Union, the previously used legal
basis referred to in recital 1 has been replaced by a direct reference to
Article 218(9), with the need for a modified preparation process for the WP29
meetings and resulting in a changed legal format, which is a Council Decision,
rather than a Commission Decision used during the preparation process in the
last 14 years.

·
Subsidiarity principle

LDWS and AEBS requirements are already
harmonised at EU level. The vote in favour of international instruments like
draft UNECE Regulations and their incorporation into the Union system for the
type-approval of motor vehicles can only be done by the Union. This does not
only prevent fragmentation of the Internal Market, but also ensures equal
health and safety standards across the EU. 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

Proposed instrument: Council Decision.

The use of a Council Decision is considered
to be appropriate as in line with the requirements of Article 218(9) TFEU.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the
Union budget.

5.           OPTIONAL ELEMENTS

·
European Economic Area

The proposed act concerns an EEA matter and
should therefore extend to the European Economic Area.

2012/0089 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union within the relevant Committees of the United Nations Economic
Commission for Europe regarding the draft Regulations on Lane Departure Warning
Systems and on Advanced Emergency Braking Systems

(Text with EEA relevance)

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[5] 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 harmonised
requirements of the draft Regulation of the United Nations Economic Commission
for Europe (UNECE) on uniform provisions concerning the approval of motor vehicles
with regard to Lane Departure Warning Systems[6] and the draft UNECE
Regulation on uniform provisions concerning the approval of motor vehicles with
regard to Advanced Emergency Braking Systems[7] are intended
to remove technical barriers to the 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 protection.

(3)       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
therefor[8] mandates the installation
of Lane Departure Warning Systems and Advanced Emergency Braking Systems on certain
motor vehicles of categories M2, N2, M3 and N3.

(4)       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 the aforementioned
UNECE draft Regulations .

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union within the Administrative Committee of the Revised 1958 Agreement
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, shall be to vote in favour of the draft UNECE
Regulation on uniform provisions concerning the approval of motor vehicles with
regard to Lane Departure Warning Systems, as contained in documents ECE/TRANS/WP.29/2011/78,
ECE/TRANS/WP.29/2011/89 and ECE/TRANS/WP.29/2011/91.

Article 2

The position to be taken by the European
Union within the Administrative Committee of the Revised 1958 Agreement 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, shall be to vote in favour of the draft UNECE Regulation
on uniform provisions concerning the approval of motor vehicles with regard to
Advanced Emergency Braking Systems, as contained in documents ECE/TRANS/WP.29/2011/92,
ECE/TRANS/WP.29/2011/92/Amend.1, ECE/TRANS/WP.29/2011/93 and ECE/TRANS/WP.29/2011/93/Amend.1.

Article 3

This
Decision shall enter into force on the date of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               UNECE Documents ECE/TRANS/WP.29/2011/78, ECE/TRANS/WP.29/2011/89
and
ECE/TRANS/WP.29/2011/91.

[2]               UNECE Documents ECE/TRANS/WP.29/2011/92, ECE/TRANS/WP.29/2011/92/Amend.1,
ECE/TRANS/WP.29/2011/93 and ECE TRANS/WP.29/2011/93/Amend.1.

[3]               OJ L 200, 31.7.2009, p. 1.

[4]               OJ L 110, 24.04.2012, p.18 and OJ L 109, 21.04.2012, p.1.

[5]               OJ L 346, 17.12.1997, p.78.

[6]               UNECE Documents ECE/TRANS/WP.29/2011/78, ECE/TRANS/WP.29/2011/89
and ECE/TRANS/WP.29/2011/91.

[7]               UNECE Documents ECE/TRANS/WP.29/2011/92, ECE/TRANS/WP.29/2011/92/Amend.1,
ECE/TRANS/WP.29/2011/93 and ECE TRANS/WP.29/2011/93/Amend.1.

[8]               OJ L 200, 31.7.2009, p. 1.