COUNCIL DECISION (EU) 2021/1981

of 9 November 2021

on the position to be taken on behalf of the European Union in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 14, 16, 22, 24, 37, 45, 48, 49, 55, 58, 67, 79, 83, 86, 90, 94, 95, 100, 101, 110, 116, 118, 125, 128, 129, 133, 134, 135, 137, 145, 149, 150, 151, 152, 153, 157, 158 and 159, as regards the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, as regards the proposals for amendments to Mutual Resolutions M.R.1 and M.R.2, and as regards the proposals for authorisations to amend UN GTR on pedestrian safety, and to develop UN GTRs on Global Real Driving Emissions and on brake particulate emissions

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 (1), the Union 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 those prescriptions (the ‘Revised 1958 Agreement’). The Revised 1958 Agreement entered into force on 24 March 1998.

(2) By Council Decision 2000/125/EC (2), the Union acceded to 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 (the ‘Parallel Agreement’). The Parallel Agreement entered into force on 15 February 2000.

(3) Regulation (EU) 2018/858 of the European Parliament and of the Council (3) lays down administrative provisions and technical requirements for the type-approval and placing on the market of all new vehicles, systems, components and separate technical units. That Regulation incorporates regulations adopted under the Revised 1958 Agreement (‘UN Regulations’) in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation.

(4) Pursuant to Article 1 of the Revised 1958 Agreement and Article 6 of the Parallel Agreement, the UNECE World Forum for Harmonisation of Vehicle Regulations (UNECE WP.29) may adopt proposals for modifications to UN Regulations, UN Global Technical Regulations (UN GTRs) and UN Resolutions as well as proposals for new UN Regulations, UN GTRs and UN Resolutions concerning the approval of vehicles. Moreover, pursuant to those provisions, UNECE WP.29 may adopt proposals for authorisations to develop amendments to UN GTRs or to develop new UN GTRs and may adopt proposals for the extension of mandates for UN GTRs.

(5) UNECE WP.29, during the 185th session of the World Forum to be held between 23 and 25 November 2021, may adopt the proposals for modifications to UN Regulations Nos 0, 14, 16, 22, 24, 37, 45, 48, 49, 55, 58, 67, 79, 83, 86, 90, 94, 95, 100, 101, 110, 116, 118, 125, 128, 129, 133, 134, 135, 137, 145, 149, 150, 151, 152, 153, 157, 158 and 159.

(6) It is appropriate to establish the position to be taken on the Union’s behalf in UNECE WP.29, as regards the adoption of those proposals, as the UN Regulations will be binding on the Union and, together with the UN Resolutions, capable of decisively influencing the content of Union law in the field of vehicle type-approval.

(7) In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 0, 14, 16, 22, 24, 37, 45, 48, 49, 55, 58, 67, 79, 83, 86, 90, 94, 95, 100, 101, 110, 116, 118, 125, 128, 129, 133, 134, 135, 137, 145, 149, 150, 151, 152, 153, 157, 158 and 159 need to be amended, corrected or supplemented. Regarding the Proposal for a new 08 series of amendments to UN Regulation No 48 (Installation of lighting and light-signalling devices), the one-year period in the proposed transitional provisions appears insufficient and it is thus appropriate to also support the change of the date of the transitional provisions from 1 September 2023 to 1 September 2024 as proposed in document WP.29-185-05.

(8) In addition, certain provisions in UN Resolutions R.E.3, R.E.5, M.R.1 and M.R.2 need to be amended,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf in the 185th session of the UNECE World Forum for Harmonisation of Vehicle Regulations to be held between 23 and 25 November 2021 shall be to vote in favour of the proposals for modifications to UN Regulations Nos 0, 14, 16, 22, 24, 37, 45, 48, 49, 55, 58, 67, 79, 83, 86, 90, 94, 95, 100, 101, 110, 116, 118, 125, 128, 129, 133, 134, 135, 137, 145, 149, 150, 151, 152, 153, 157, 158 and 159, of the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, of the proposals for amendments to Mutual Resolutions M.R.1 and M.R.2, and of the proposals for authorisations to amend UN GTR on pedestrian safety, and to develop UN GTRs on Global Real Driving Emissions and on brake particulate emissions. (4)

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 9 November 2021. For the Council The President A. ŠIRCELJ

(1) 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, p. 78).

(2) 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, p. 12).

(3) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(4) See document ST 13161/21 on http://register.consilium.europa.eu