COUNCIL DECISION (EU) 2021/332

of 22 February 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 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, as regards the proposal for modifications to Global Technical Regulation No 9, as regards the proposal for amendments to Consolidated Resolution R.E.5, as regards the proposals for four new UN Regulations in relation to event data recorder, protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use, the approval of immobilizers and approval of a vehicle with regard to its immobilizer, and the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system, as regards the proposal for a new Mutual Resolution M.R.4, and as regards the proposals for interpretation documents for UN Regulations Nos 155 and 156

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 183rd session of the World Forum to be held between 9 and 11 March 2021, may adopt the proposals for modifications to UN Regulations Nos 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, the proposal for modifications to Global Technical Regulation No 9, the proposal for amendments to Consolidated Resolution R.E.5, the proposals for four new UN Regulations in relation to event data recorder, protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use, the approval of immobilizers and approval of a vehicle with regard to its immobilizer, and the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system and the proposal for a new Mutual Resolution M.R.4. Moreover, UNECE WP.29 ìs to adopt the proposals for interpretation documents for UN Regulations Nos 155 and 156.

(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 Consolidated and Mutual 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 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, as well as by Consolidated Resolution R.E.5, need to be amended or supplemented.

(8) In addition, certain provisions in UN GTR No 9 need to be amended.

(9) In order to allow for technical progress and in order to improve vehicle safety, four new UN Regulations on event data recorder, protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use, the approval of immobilizers and approval of a vehicle with regard to its immobilizer, and the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system, need to be adopted. In parallel, a new Mutual Resolution M.R.4. on panoramic sunroof glazing needs to be adopted,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf in the 183rd session of the UNECE World Forum for Harmonisation of Vehicle Regulations to be held between 9 and 11 March 2021 as regards the proposals for modifications to UN Regulations Nos 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, as regards the proposal for modifications to Global Technical Regulation No 9, as regards the proposal for amendments to Consolidated Resolution R.E.5, as regards the proposals for four new UN Regulations in relation to event data recorder, protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use, the approval of immobilizers and approval of a vehicle with regard to its immobilizer, and the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system, as regards the proposal for a new Mutual Resolution M.R.4, and as regards the proposals for interpretation documents for UN Regulations Nos 155 and 156 (4) shall be to vote in favour.

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

Done at Brussels, 22 February 2021. For the Council The President J. BORRELL FONTELLES

(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 5991/21 on http://register.consilium.europa.eu.