# L_2021035EN.01004201.xml

| 1.2.2021 | EN | Official Journal of the European Union | L 35/42 |
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1.2.2021

EN

Official Journal of the European Union

L 35/42

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DECISION No 2/2021 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP

of 25 January 2021

on the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts [2021/110]

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’), and in particular paragraph 3 and subparagraph 4(b) of Article 23.2 thereof and paragraph 1 of Article 9 of Annex 2-C to the Agreement,

Whereas:

| (1) | Since the signing of the Agreement and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the European Union and Japan (‘the Parties’) now apply two additional UN Regulations that were not listed in Appendix 2-C-1 to Annex 2-C to the Agreement. Furthermore, two UN Regulations that were listed in Appendix 2-C-2 to Annex 2-C to the Agreement are now applied by both Parties and are to be transferred to Appendix 2-C-1. Appendices 2-C-1 and 2-C-2 should therefore be updated in accordance with Article 9 of Annex 2-C to the Agreement. Such an update will increase the legal certainty for economic operators as regards the regulatory framework for the preferential trade relations between the Parties. |
| --- | --- |

(1)

Since the signing of the Agreement and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the European Union and Japan (‘the Parties’) now apply two additional UN Regulations that were not listed in Appendix 2-C-1 to Annex 2-C to the Agreement. Furthermore, two UN Regulations that were listed in Appendix 2-C-2 to Annex 2-C to the Agreement are now applied by both Parties and are to be transferred to Appendix 2-C-1. Appendices 2-C-1 and 2-C-2 should therefore be updated in accordance with Article 9 of Annex 2-C to the Agreement. Such an update will increase the legal certainty for economic operators as regards the regulatory framework for the preferential trade relations between the Parties.

| (2) | Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11 November 2019, it has been confirmed to amend Appendix 2-C-1 by including UN Regulations 53, 85, 145 and 146 and to amend Appendix 2-C-2 by delisting UN Regulations 53 and 85. |
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(2)

Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11 November 2019, it has been confirmed to amend Appendix 2-C-1 by including UN Regulations 53, 85, 145 and 146 and to amend Appendix 2-C-2 by delisting UN Regulations 53 and 85.

| (3) | The Parties have already completed their domestic legal procedures necessary for adoption of this Decision. They intend to exchange the diplomatic notes confirming this Decision within 15 days following its adoption, |
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(3)

The Parties have already completed their domestic legal procedures necessary for adoption of this Decision. They intend to exchange the diplomatic notes confirming this Decision within 15 days following its adoption,

HAS ADOPTED THIS DECISION:

Article 1

1.   Appendix 2-C-1 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 1 to this Decision.

2.   Appendix 2-C-2 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 2 to this Decision.

Article 2

This Decision is drawn up in duplicate. Article 1 and Annexes are drawn up in the authentic languages of the Agreement provided for in paragraph 1 of Article 23.8 of the Agreement, all texts being equally authentic.

Article 3

This Decision shall be confirmed by the exchange of diplomatic notes between the European Union and the Government of Japan in accordance with paragraph 3 of Article 23.2 of the Agreement. This Decision shall enter into force on the first day of the month following that exchange of diplomatic notes.

For the Joint Committee of the Agreement

Toshimitsu MOTEGI

Co-Chair [of Japan]

Valdis DOMBROVSKIS

Co-Chair [of the EU]

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ANNEX 1

‘APPENDIX 2-C-1

UN REGULATIONS APPLIED BY BOTH PARTIES

| Regulation No | Title |
| --- | --- |
| 3 | Uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers |
| 4 | Uniform provisions concerning the approval of devices for the illumination of rear registration plates of power-driven vehicles and their trailers |
| 6 | Uniform provisions concerning the approval of direction indicators for power-driven vehicles and their trailers |
| 7 | Uniform provisions concerning the approval of front and rear position lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers |
| 10 | Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility |
| 11 | Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components |
| 12 | Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact |
| 13 | Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking |
| 13-H | Uniform provisions concerning the approval of passenger cars with regard to braking |
| 14 | Uniform provisions concerning the approval of vehicles with regard to safety-belt anchorages, ISOFIX anchorages systems, ISOFIX top tether anchorages and i-Size seating positions |
| 16 | Uniform provisions concerning the approval of:






  I. | Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles |

Regulation No

Title

3

Uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers

4

Uniform provisions concerning the approval of devices for the illumination of rear registration plates of power-driven vehicles and their trailers

6

Uniform provisions concerning the approval of direction indicators for power-driven vehicles and their trailers

7

Uniform provisions concerning the approval of front and rear position lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers

10

Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility

11

Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components

12

Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact

13

Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking

13-H

Uniform provisions concerning the approval of passenger cars with regard to braking

14

Uniform provisions concerning the approval of vehicles with regard to safety-belt anchorages, ISOFIX anchorages systems, ISOFIX top tether anchorages and i-Size seating positions

16

Uniform provisions concerning the approval of:

I.

Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles

| II. | Vehicles equipped with safety-belts, safety-belt reminder, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems |
| --- | --- |

II.

Vehicles equipped with safety-belts, safety-belt reminder, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems

17

Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints

19

Uniform provisions concerning the approval of power-driven vehicle front fog lamps

21

Uniform provisions concerning the approval of vehicles with regard to their interior fittings

23

Uniform provisions concerning the approval of reversing and manoeuvring lamps for power-driven vehicles and their trailers

25

Uniform provisions concerning the approval of head restraints (headrests), whether or not incorporated in vehicle seats

26

Uniform provisions concerning the approval of vehicles with regard to their external projections

27

Uniform provisions concerning the approval of advance warning triangles

28

Uniform provisions concerning the approval of audible warning devices and of motor vehicles with regard to their audible signals

30

Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers

34

Uniform provisions concerning the approval of vehicles with regard to the prevention of fire risks

37

Uniform provisions concerning the approval of filament lamps for use in approved lamp units of power-driven vehicles and of their trailers

38

Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailers

39

Uniform provisions concerning the approval of vehicles with regard to the speedometer and odometer equipment including its installation

41

Uniform provisions concerning the approval of motor cycles with regard to noise

43

Uniform provisions concerning the approval of safety glazing materials and their installation on vehicles

44

Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles (“Child Restraint Systems”)

45

Uniform provisions concerning the approval of headlamp cleaners, and of power-driven vehicles with regard to headlamp cleaners

46

Uniform provisions concerning the approval of devices for indirect vision and of motor vehicles with regard to the installation of these devices

48

Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices

50

Uniform provisions concerning the approval of front position lamps, rear position lamps, stop lamps, direction indicators and rear-registration-plate illuminating devices for vehicles of category L

51

Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their sound emissions

53

Uniform provisions concerning the approval of category L3 vehicles with regard to the installation of lighting and light-signalling devices

54

Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers

58

Uniform provisions concerning the approval of:

| I. | Rear underrun protective devices (RUPDs) |
| --- | --- |

I.

Rear underrun protective devices (RUPDs)

| II. | Vehicles with regard to the installation of an RUPD of an approved type |
| --- | --- |

II.

Vehicles with regard to the installation of an RUPD of an approved type

| III. | Vehicles with regard to their rear underrun protection (RUP) |
| --- | --- |

III.

Vehicles with regard to their rear underrun protection (RUP)

60

Uniform provisions concerning the approval of two-wheeled motor cycles and mopeds with regard to driver-operated controls including the identification of controls, tell-tales and indicators

62

Uniform provisions concerning the approval of power-driven vehicles with handlebars with regard to their protection against unauthorized use

64

Uniform provisions concerning the approval of vehicles with regard to their equipment which may include: a temporary-use spare unit, run-flat tyres and/or a run-flat system, and/or a tyre pressure monitoring system

66

Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure

70

Uniform provisions concerning the approval of rear marking plates for heavy and long vehicles

75

Uniform provisions concerning the approval of pneumatic tyres for L-category vehicles

77

Uniform provisions concerning the approval of parking lamps for power-driven vehicles

78

Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4 and L5 with regard to braking

79

Uniform provisions concerning the approval of vehicles with regard to steering equipment

80

Uniform provisions concerning the approval of seats of large passenger vehicles and of these vehicles with regard to the strength of the seats and their anchorages

81

Uniform provisions concerning the approval of rear-view mirrors of two-wheeled power-driven vehicles with or without side car, with regard to the mounting of rear-view mirrors on handlebars

85

Uniform provisions concerning the approval of internal combustion engines or electric drive trains intended for the propulsion of motor vehicles of categories M and N with regard to the measurement of net power and the maximum 30 minutes power of electric drive trains

87

Uniform provisions concerning the approval of daytime running lamps for power-driven vehicles

91

Uniform provisions concerning the approval of side-marker lamps for motor vehicles and their trailers

93

Uniform provisions concerning the approval of:

| I. | Front underrun protective devices (FUPDs) |
| --- | --- |

I.

Front underrun protective devices (FUPDs)

| II. | Vehicles with regard to the installation of an FUPD of an approved type |
| --- | --- |

II.

Vehicles with regard to the installation of an FUPD of an approved type

| III. | Vehicles with regard to their front underrun protection (FUP) |
| --- | --- |

III.

Vehicles with regard to their front underrun protection (FUP)

94

Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision

95

Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a lateral collision

98

Uniform provisions concerning the approval of motor vehicle headlamps equipped with gas-discharge light sources

99

Uniform provisions concerning the approval of gas-discharge light sources for use in approved gas-discharge lamp units of power-driven vehicles

100

Uniform provisions concerning the approval of vehicles with regard to specific requirements for the electric power train

104

Uniform provisions concerning the approval of retro-reflective markings for vehicles of category M, N and O

110

Uniform provisions concerning the approval of:

| I. | Specific components of motor vehicles using compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system |
| --- | --- |

I.

Specific components of motor vehicles using compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system

| II. | Vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system |
| --- | --- |

II.

Vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system

112

Uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing-beam or a driving-beam or both and equipped with filament lamps and/or light-emitting diode (LED) modules

113

Uniform provisions concerning the approval of motor vehicle headlamps emitting a symmetrical passing-beam or a driving-beam or both and equipped with filament, gas-discharge light sources or LED modules

116

Uniform provisions concerning the protection of motor vehicles against unauthorized use

117

Uniform provisions concerning the approval of tyres with regard to rolling sound emissions and/or to adhesion on wet surfaces and/or to rolling resistance

119

Uniform provisions concerning the approval of cornering lamps for power-driven vehicles

121

Uniform provisions concerning the approval of vehicles with regard to the location and identification of hand controls, tell-tales and indicators

123

Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles

125

Uniform provisions concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver

127

Uniform provisions concerning the approval of motor vehicles with regard to their pedestrian safety performance

128

Uniform provisions concerning the approval of light emitting diode (LED) light sources for use in approved lamp units on power-driven vehicles and their trailers

129

Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles (ECRS)

130

Uniform provisions concerning the approval of motor vehicles with regard to the Lane Departure Warning System (LDWS)

131

Uniform provisions concerning the approval of motor vehicles with regard to the Advanced Emergency Braking Systems (AEBS)

134

Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of Hydrogen-Fuelled Vehicles (HFCV) (1)

135

Uniform provisions concerning the approval of vehicles with regard to their Pole Side Impact performance (PSI)

136

Uniform provisions concerning the approval of vehicles of category L with regard to specific requirements for the electric power train

137

Uniform provisions concerning the approval of passenger cars in the event of a frontal collision with focus on the restraint system

138

Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility

139

Uniform provisions concerning the approval of passenger cars with regard to Brake Assist Systems (BAS)

140

Uniform provisions concerning the approval of passenger cars with regard to Electronic Stability Control (ESC) systems

141

Uniform provisions concerning the approval of vehicles with regard to their Tyre Pressure Monitoring Systems (TPMS)

142

Uniform provisions concerning the approval of motor vehicles with regard to the installation of their tyres

145

Uniform provisions concerning the approval of vehicles with regard to ISOFIX anchorage systems, ISOFIX top tether anchorages and i-Size seating positions

146

Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of hydrogen-fuelled vehicles of categories L1, L2, L3, L4 and L5

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1

For Japan, to the extent that the containers are marked in accordance with Article 46 of the High Pressure Gas Safety Act (Law No.204 of 1951) of Japan, the conditions to approve a vehicle type that has been approved by a type approval authority of the European Union in accordance with UN Regulation No.134 shall be as follows:

| (a) | at the time of application pursuant to the High Pressure Gas Safety Act of Japan, the manufacturer or its legal representative in Japan shall present that:






  (i) | the material of the containers is equivalent to SUS F 316L specified under JIS (Japan Industrial Standard) G 3214; for the purpose of this subparagraph, the compliance with DIN1.4435 as of the date of entry into force of this Agreement is considered as fulfilling of this requirement; |
| --- | --- | --- |

(a)

at the time of application pursuant to the High Pressure Gas Safety Act of Japan, the manufacturer or its legal representative in Japan shall present that:

(i)

the material of the containers is equivalent to SUS F 316L specified under JIS (Japan Industrial Standard) G 3214; for the purpose of this subparagraph, the compliance with DIN1.4435 as of the date of entry into force of this Agreement is considered as fulfilling of this requirement;

| (ii) | “the Nickel Equivalent” (mass %) is more than 28.5; for the purposes of this subparagraph, “Nickel Equivalent” (mass %) is defined as: “12.6[C]+0.35[Si]+1.05[Mn]+[Ni]+0.65[Cr]+0.98[Mo]” and shall be proved by the Material Mill Sheet; and |
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(ii)

“the Nickel Equivalent” (mass %) is more than 28.5; for the purposes of this subparagraph, “Nickel Equivalent” (mass %) is defined as: “12.6[C]+0.35[Si]+1.05[Mn]+[Ni]+0.65[Cr]+0.98[Mo]” and shall be proved by the Material Mill Sheet; and

| (iii) | the test result for “Reduction of Area” is more than 75 %; in case the test result is between 72 % and 75 %, the application will be examined taking into account “the Nickel Equivalent”; and |
| --- | --- |

(iii)

the test result for “Reduction of Area” is more than 75 %; in case the test result is between 72 % and 75 %, the application will be examined taking into account “the Nickel Equivalent”; and

| (b) | individual vehicles are subject to a 2-year periodic inspection for the hydrogen storage system in accordance with Articles 49 and 49-4 of the High Pressure Gas Safety Act of Japan and the system shall be removed after 15 years from the date of production. |
| --- | --- |

(b)

individual vehicles are subject to a 2-year periodic inspection for the hydrogen storage system in accordance with Articles 49 and 49-4 of the High Pressure Gas Safety Act of Japan and the system shall be removed after 15 years from the date of production.

This footnote shall cease to have effect at the time when both Parties have completed the work in the Phase 2 of GTR No. 13 Global technical regulation on hydrogen and fuel cell vehicles and have applied the corresponding UN Regulation under the 1958 Agreement.

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ANNEX 2

‘APPENDIX 2-C-2

UN REGULATIONS APPLIED BY ONE OF THE PARTIES AND NOT YET CONSIDERED BY THE OTHER PARTY

| Regulation No | Title | Date of application by the other Party  (1) |
| --- | --- | --- |
| 73 | Uniform provisions concerning the approval of:






  I. | Vehicles with regard to their lateral protection devices (LPD) |

Regulation No

Title

Date of application by the other Party  (1)

73

Uniform provisions concerning the approval of:

I.

Vehicles with regard to their lateral protection devices (LPD)

| II. | Lateral protection devices (LPD) |
| --- | --- |

II.

Lateral protection devices (LPD)

| III. | Vehicles with regard to the installation of LPD of an approved type according to Part II of this Regulation |
| --- | --- |

III.

Vehicles with regard to the installation of LPD of an approved type according to Part II of this Regulation

126

Uniform provisions concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non-original vehicle equipment

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(1)  Dates to be agreed in accordance with paragraph 2 of Article 5 of this Annex.

1

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