COUNCIL DECISION (EU) 2019/1911

of 8 November 2019

on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, as regards the proposal for modifications to Global Technical Regulation (GTR) No 2, as regards the proposal for amendments to Mutual Resolution MR.1, as regards the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, and as regards the proposals for authorisations to develop an amendment to GTR No 6 and to develop a new GTR on the Determination of Electrified 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 (‘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 (‘Parallel Agreement’). The Parallel Agreement entered into force on 15 February 2000.

(3) 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 (‘WP.29’) may adopt, as applicable, the proposals for modifications to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, the proposal for modifications to Global Technical Regulation (GTR) No 2, the proposal for amendments to Mutual Resolution MR.1, the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5 and the proposals for authorisations to develop an amendment to GTR No 6 and to develop a new GTR on the Determination of Electrified Vehicle Power.

(4) WP.29, during the 179th session of the World Forum to be held between 12 and 14 November 2019, is to adopt the above acts in relation to the administrative provisions and uniform technical prescriptions for the approval of harmonised technical United Nations regulations and global technical regulations for wheeled vehicles, equipment and parts, which can be fitted and/or be used on wheeled vehicles.

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

(6) 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 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. Since the adoption of Directive 2007/46/EC, UN regulations have been increasingly incorporated into Union legislation.

(7) In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 0, 16, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150 need to be amended or supplemented. In addition, certain provisions in GTR No 2 need to be modified, and certain provisions in UN Regulation No 17 need to be corrected. Finally, the amendments to Mutual Resolution MR.1 and the amendments to Consolidated Resolutions R.E.3 and R.E.5 need to be adopted.

(8) WP.29 working document ECE/TRANS/WP.29/2019/93 concerns a proposal for the 01 series of amendments to UN Regulation No 35 (Foot controls). Given that the Union is not applying the uniform provisions of UN Regulation 35, it is not necessary to establish a position of the Union on proposal ECE/TRANS/WP.29/2019/93.

(9) WP.29 working document ECE/TRANS/WP.29/2019/114 concerns a proposal for Supplement 2 of the 03 series of amendments to UN Regulation No 79 (Steering equipment) as initially submitted by the Chair of the relevant dedicated subsidiary body of WP.29. At the last meeting of the dedicated subsidiary body, following concerns of certain Contracting Parties, the Chair agreed to submit a revised document to WP.29. As the document is currently not available on the WP.29 Secretariat’s portal, and may need further discussion among the experts, it would be appropriate to refer it back to the dedicated subsidiary body.

(10) The authorisation to develop amendment 4 to the GTR No 2 is incorrectly referenced on the WP.29 Secretariat’s portal, and ECE/TRANS/WP.29/AC.3./36 should be corrected to read ECE/TRANS/WP.29/AC.3./36/Rev.1.

(11) WP.29 working document ECE/TRANS/WP.29/2019/118 concerns a proposal for an amendment to Annex IV to the Consolidated Resolution of the Construction of Vehicles (R.E.3). That proposal has to be considered together with an informal document WP.29-179-06, which clarifies the reference to ISO standard to perform fuel quality measurements for certain parameters,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf in WP.29 during its 179th session to be held between 12 and 14 November 2019 shall be to vote in favour of the proposals listed in the Annex to this Decision.

Article 2 The position to be taken on the Union’s behalf in WP.29 during its 179th session to be held between 12 and 14 November 2019 shall be to vote against the proposal for Supplement 2 of the 03 series of amendments to UN Regulation No 79 (Steering equipment, working document ECE/TRANS/WP.29/2019/114).

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 8 November 2019. For the Council The President M. LINTILÄ

(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).