COUNCIL DECISION (EU) 2020/1637

of 3 November 2020

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, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, as regards the proposals for modifications to Global Technical Regulations Nos 7, 15 and 18, as regards the proposal for amendments to Mutual Resolution M.R.3, as regards the proposals for two new UN Regulations in relation to reversing motion and moving off information systems, and as regards the proposal for a new Global Technical Regulation on the determination of electric vehicle power

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 182nd session of the World Forum to be held on 10 November 2020, may adopt the proposals for modifications to UN Regulations Nos 0, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, the proposal for a new UN Regulation concerning the approval of devices for reversing motion and motor vehicles with regard to the driver’s awareness of vulnerable road users behind vehicle, the proposal for a new UN Regulation concerning the approval of motor vehicles with regard to the moving off information system for the detection of pedestrians and cyclists, the proposals for modifications to UN GTRs Nos 7, 15 and 18, the proposal for a new Global Technical Regulation on the determination of electric vehicle power and the proposal for amendments to Mutual Resolution M.R.3. concerning Vehicle Interior Air Quality. Moreover, UNECE WP.29 ìs to adopt the proposal for authorisations to develop an amendment to UN GTR No 8 and to develop a new UN GTR on in-vehicle battery durability.

(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 GTRs and the Mutual Resolution, 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, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, as well as by Mutual Resolution M.R.3., need to be amended or supplemented.

(8) In addition, certain provisions in UN GTRs Nos 7, 15 and 18 need to be amended.

(9) In order to allow for technical progress and in order to improve vehicle safety and testing of emissions, two new UN Regulations on the approval of devices for reversing motion and motor vehicles with regard to the driver’s awareness of vulnerable road users behind vehicle, and on the approval of motor vehicles with regard to the moving off information system for the detection of pedestrians and cyclists, need to be adopted. In parallel, a new Global Technical Regulation on the determination of electric vehicle power needs to be adopted.

(10) In order to allow for further development of technical requirements, the proposals to authorise the development of an amendment to UN GTR No 8 and of a new UN GTR on in-vehicle battery durability need to be adopted on the basis of the requests either by the UNECE Contracting Parties sponsoring the work on UN GTRs or by the dedicated subsidiary bodies of UNECE WP.29.

(11) In order to ensure consistency of interpretation of UN Regulations Nos 155 and 156, the proposals for interpretation documents on both regulations, as well as the proposal for guidelines on the use of Database for the Exchange of Type Approvals as per UN Regulation No 155 should be adopted.

(12) On 16 June 2020, the Council adopted Decision (EU) 2020/848 (4) on the position to be taken on UN GTR No 7 and the proposals to authorise the development of an amendment to UN GTR No 8 and of a new UN GTR on in-vehicle battery durability for the 181st session of UNECE WP.29, which was held on 24 June 2020. However, WP.29 was not in a position to vote in that session and decided to resubmit the proposals for a vote at the November session,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf in the 182nd session of the UNECE World Forum for Harmonisation of Vehicle Regulations to be held on 10 November 2020 as regards the proposals for modifications to UN Regulations Nos 0, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, as regards the proposals for modifications to Global Technical Regulations Nos 7, 15 and 18, as regards the proposal for amendments to Mutual Resolution M.R.3, as regards the proposals for two new UN Regulations in relation to reversing motion and moving off information systems, and as regards the proposal for a new Global Technical Regulation on the determination of electric vehicle power (5) shall be to vote in favour.

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

Done at Brussels, 3 November 2020. For the Council The President M. ROTH

(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) Council Decision (EU) 2020/848 of 16 June 2020 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 13, 14, 16, 22, 30, 41, 78, 79, 83, 94, 95, 101, 108, 109, 117, 129, 137, 138, 140 and 152, as regards the proposals for modifications to Global Technical Regulations Nos 3, 6, 7, 16 and 19, as regards the proposal for amendments to Consolidated Resolution R.E.3. and as regards the proposals for five new UN Regulations in relation to safety, emissions and automation in the area of motor vehicles (OJ L 196, 19.6.2020, p. 5).

(5) See document ST 11850/20 on http://register.consilium.europa.eu