Proposal for a COUNCIL DECISION on the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the uniform prescriptions applicable to the approval of internal combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. GENERAL

By Council Decision 97/836/EC of 27 November 1997, the European Community became a Contracting Party to the 1958 Revised Agreement of the United Nations Economic Commission for Europe (UN/ECE) on 24 March 1998.

Article 4 of that Decision states in particular that, where a draft Regulation of the United Nations Economic Commission for Europe is submitted to a vote within the appropriate bodies of the UN/ECE, the draft concerned must be approved by the Council, after having received the assent of the European Parliament, before the Community can vote in favour of adopting such a draft Regulation.

The provisional agenda for a forthcoming meeting of the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe includes in particular a vote on a draft (new) Regulation concerning the approval of uniform provisions applicable to the approval of internal combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption

The aim of the Regulation is in particular to abolish the technical barriers to trade in motor vehicles between the Contracting Parties, while ensuring a high level of safety and environmental protection.

It should be stressed that the position of the EC at the time of the vote will be taken on the basis of the documents available in the official languages of the UN/ECE (French and English). Indeed, the EC having become a Contracting Party to the 1958 Revised Agreement of the UN/ECE is required to observe the procedures envisaged in the aforementioned agreement.

In conformity with the requirements of Article 4 (5) of Decision 97/836/EC, the Regulation will be published in all the official languages of the Communities in the Official Journal before entering into force within the Community.

2. CONTENTS OF THE PROPOSAL FOR A DECISION

The purpose of the proposal for a Decision is to enable the Commission representative to vote on behalf of the Community on the draft Regulation in question at a forthcoming meeting of the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe.

2003/0155 (AVC)

Proposal for a COUNCIL DECISION on the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the uniform prescriptions applicable to the approval of internal combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 97/836/EC of 27November 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 [1], and in particular the second indent of Article4(2) thereof,

[1] OJ L 346, 17.12.1997, p. 78.

Having regard to the proposal from the Commission [2],

[2] OJ C, , p

Having regard to the assent of the European Parliament [3],

[3] OJ C, , p

Whereas:

(1) The draft Regulation of the United Nations Economic Commission for Europe concerning the adoption of uniform prescriptions applicable to the approval of internal combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption, will abolish the technical barriers to trade in motor vehicles between the Contracting Parties as far as these components are concerned, while ensuring a high level of safety and environmental protection.

(2) It is necessary to establish the position to be taken by the Community on the draft Regulation.

(3) The said Regulation will not be incorporated into the Community system for the type-approval of motor vehicles,

HAS DECIDED AS FOLLOWS

Article 1

The draft Regulation of United Nations Economic Commission for Europe concerning the adoption of uniform prescriptions applicable to the approval of combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption, as set out in document TRANS/WP.29/2002/74, is hereby approved.

Article 2

The Community, represented by the Commission, should vote in favour of the draft Regulation referred to in Article 1, during the vote at the meeting of the Administrative Committee at a forthcoming meeting of the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe.

Article 3

The UN/ECE draft Regulation concerning the adoption of uniform prescriptions applicable to the approval of combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to the measurement of the net power, net torque and specific fuel consumption, will not be incorporated into the Community system for the type-approval of motor vehicles.

Done at Brussels,

For the Council

The President