EN Official Journal of the European Union L 314/14

COUNCIL DECISION (EU) 2016/2038

of 11 November 2016

establishing the position to be adopted on behalf of the European Union within the relevant committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 7, 16, 37, 44, 45, 46, 48, 53, 78, 80, 83, 86, 87, 99, 105, 107, 110, 121, 128 and 129, the proposal for a UN regulation on heavy duty dual-fuel engine retrofit systems, the proposals for amendments to UN Global Technical Regulations 15 and 16, the proposals for two UN global technical regulations on the measurement procedure for two- or three-wheeled motor vehicles with regard to certain types of emissions and with regard to on-board diagnostics, respectively, and the proposal for a resolution on the common specification of light source categories

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) In accordance with 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’).

(2) In accordance with 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’).

(3) Directive 2007/46/EC of the European Parliament and of the Council (3) replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UN regulations adopted under the Revised 1958 Agreement into the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of that Directive, such UN regulations have increasingly been incorporated into Union legislation in the framework of the EU type-approval.

(4) In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 7, 16, 37, 44, 45, 46, 48, 53, 78, 80, 83, 86, 87, 99, 105, 107, 110, 121, 128 and 129, as well as by UN Global Technical Regulations (‘GTRs’) Nos 15 and 16, need to be adapted to reflect technical progress.

(5) In order to lay down uniform provisions concerning the approval of heavy duty dual-fuel engine retrofit systems (‘HDDF-ERS’), a new UN regulation should be adopted.

(6) In order to lay down uniform technical provisions concerning the measurement procedure for two- or three-wheeled motor vehicles with regard to certain types of emissions and with regard to on-board diagnostics, respectively, two new GTRs should be adopted.

(7) In order to lay down uniform provisions concerning the common specification of light source categories, a new resolution (R.E.4) should be adopted.

(8) It is appropriate to establish the position to be adopted on behalf of the Union within the relevant committees of UNECE, namely the Administrative Committee of the Revised 1958 Agreement and the Executive Committee of the Parallel Agreement, as regards the adoption of those UN acts,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the Union within the Administrative Committee of the Revised 1958 Agreement and the Executive Committee of the Parallel Agreement during the period from 14 to 20 November 2016 shall be to vote in favour of the proposals listed in the Annex to this Decision.

Article 2

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

Done at Brussels, 11 November 2016. For the Council The President P. ŽIGA

(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) 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).