[pic] | EUROPEAN COMMISSION |

Brussels, 15.6.2010

COM(2010)310 final

2010/0169 (NLE)

Proposal for a

COUNCIL DECISION

of [...]

on the compulsory application of Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 of the United Nations Economic Commission for Europe for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor

EXPLANATORY MEMORANDUM

Proposal for a Council Decision on the compulsory application of Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 of the United Nations Economic Commission for Europe for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor

1. CONTEXT OF THE PROPOSAL

The Community has acceded to UNECE Regulations No. 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 of the United Nations Economic Commission for Europe (UNECE) for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor. Directive 2007/46/EC provides for the possibility to apply UNECE Regulations for the purpose of EC vehicle type-approval on a compulsory basis. Regulation (EC) No 661/2009 repeals several Directives concerning the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor. The requirements set out in those Directives should be replaced, where appropriate, with references to the corresponding UNECE Regulations. It is appropriate to incorporate UNECE Regulations No. 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 into the approval system for motor vehicles and thus to add them to the legislation in force within the Community, following the implementation dates set out in Article 13 of Regulation (EC) No 661/2009. According to Article 4 (2) of Regulation (EC) No 661/2009 type-approval in accordance with the UNECE Regulations which have been made mandatory shall be considered as EC type-approval in accordance with that Regulation and its implementing measures. |

2. Consultation of interested parties and impact assessment |

Not applicable |

3. Legal elements of the proposal Type-approvals issued under the UNECE Regulations will be considered as EC type-approvals, thus avoiding duplication not only in technical requirements but also in certification and administrative procedures, to the benefit of both industry and national authorities. In addition, type-approval that is directly based on internationally agreed standards will improve market access in third countries, in particular those which are contracting parties to the UNECE 1958 Agreement, thus enhancing EU industry’s competitiveness. The legal basis of the proposal is Article 14 of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor. 4. BUDGETARY IMPLICATION The proposal has no implication for the Community budget. 5. Additional information The proposed act concerns an EEA matter and should therefore extend to the European Economic Area. |

2010/0169 (NLE)

Proposal for a

COUNCIL DECISION

of [...]

on the compulsory application of Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 of the United Nations Economic Commission for Europe for the type-approval of motor vehicles , their trailers and systems, components and separate technical units intended therefor

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (“UN/ECE”) 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”)[1],

Having regard to 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)[2], and in particular Article 34(2) thereof,

Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor[3], and in particular Article 14 thereof,

Having regard to the proposal from the European Commission[4],

Having regard to the opinion of the European Parliament[5],

Whereas:

1. By Council Decision 97/836/EC, the Community has acceded to UNECE Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 58, 66, 73, 77, 79, 80, 87, 89, 90, 91, 93, 97, 98, 99 and 102.

2. By Council Decision 2000/710/EC, the Community has acceded to UNECE Regulation 67[6].

3. By Council Decision 2001/505/EC, the Community has acceded to UNECE Regulation 105[7].

4. By Council Decision 2001/395/EC, the Community has acceded to UNECE Regulation 13 H[8].

5. By Council Decision 2005/614/EC, the Community has acceded to UNECE Regulations 94 and 95[9].

6. By Council Decision 2006/364/EC, the Community has acceded to UNECE Regulation 123[10].

7. By Council Decision 2006/444/EC, the Community has acceded to UNECE Regulation 55[11].

8. By Council Decision 2006/874/EC, the Community has acceded to UNECE Regulation 107[12].

9. By Council Decision 2007/159/EC, the Community has acceded to UNECE Regulation 125[13].

10. By Council Decision 2009/433/EC, the Community has acceded to UNECE Regulation 61[14].

11. By Council Decision of 28 February 2000, the Community has acceded to UNECE Regulation 110.

12. By Council Decision of 7 November 2000, the Community has acceded to UNECE Regulation 112.

13. By Council Decision of 29 April 2004, the Community has acceded to UNECE Regulation 116.

14. By Council Decision of 29 April 2004, the Community has acceded to UNECE Regulation 118.

15. By Council Decision of 14 March 2005, the Community has acceded to UNECE Regulation 121.

16. By Council Decision of 14 March 2005, the Community has acceded to UNECE Regulation 122.

17. Directive 2007/46/EC provides for the possibility to apply UNECE Regulations for the purpose of EC vehicle type-approval on a compulsory basis.

18. Regulation (EC) No 661/2009 repeals several Directives concerning the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor. The requirements set out in those Directives should be replaced, where appropriate, with references to the corresponding UNECE Regulations.

19. It is appropriate to incorporate UNECE Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79, 80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118, 121, 122, 123 and 125 into the approval system for motor vehicles and thus to add them to the legislation in force within the Community, following the implementation dates set out in Article 13 of Regulation (EC) No 661/2009.

20. According to Article 4 (2) of Regulation (EC) No 661/2009 type-approval in accordance with the UNECE Regulations which have been made mandatory shall be considered as EC type-approval in accordance with that Regulation and its implementing measures.

HAS ADOPTED THIS DECISION:

Article 1

21. With effect from 1 November 2012, the Regulations of the United Nations Economic Commission for Europe listed in Annex I shall be applied on a compulsory basis for the purpose of EC type-approval of new types of vehicles, their trailers and systems, components and separate technical units intended therefor.

22. With effect from 1 November 2014, the Regulations of the United Nations Economic Commission for Europe listed in Annex I shall be applied on a compulsory basis for the purpose of registration, sale and entry into service of new vehicles and their trailers and sale and entry into service of new systems, components and separate technical units intended therefor.

23. With effect from 1 November 2011, Regulation 13 H, supplement 9 of the United Nations Economic Commission for Europe[15], including the requirements set out in its Annex 9, shall be applied on a compulsory basis for the purpose of EC type-approval of new types of vehicles of categories M1.

24. With effect from 1 November 2014, Regulation 13 H, supplement 9 of the United Nations Economic Commission for Europe, including the requirements set out in its Annex 9, shall be applied on a compulsory basis for the purpose of registration, sale and entry into service of new vehicles of categories M1.

25. With effect from 1 November 2011, Regulation 13, supplement 3 to the 11 series of amendments[16], including the requirements on roll-over control and directional control set out in its Annex 21, or Regulation 13 H, supplement 9 of the United Nations Economic Commission for Europe, including the requirements set out in its Annex 9, shall be applied on a compulsory basis for the purpose of EC type-approval of new types of vehicles of categories N1.

26. With effect from 1 November 2014, Regulation 13, supplement 3 to the 11 series of amendments, including the requirements on roll-over control and directional control set out in its Annex 21, or Regulation 13 H, supplement 9 of the United Nations Economic Commission for Europe, including the requirements set out in its Annex 9, shall be applied on a compulsory basis for the purpose of registration, sale and entry into service of new vehicles of categories N1.

27. Following the implementation dates set out in Table 1 of Annex V of Regulation (EC) No 661/2009, Regulation 13, supplement 3 to the 11 series of amendments of the United Nations Economic Commission for Europe shall be applied on a compulsory basis for the purpose of EC type-approval of new types of vehicles of categories M2, M3, N2, N3, O3 and O4 on grounds relating to their electronic stability control systems.

28. Following the implementation dates set out in Table 2 of Annex V of Regulation (EC) No 661/2009, Regulation 13, supplement 3 to the 11 series of amendments of the United Nations Economic Commission for Europe shall be applied on a compulsory basis for the purpose of registration, sale and entry into service of new vehicles of categories M2, M3, N2, N3, O3 and O4 on grounds relating to their electronic stability control systems.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX I List of UNECE Regulations whose application is mandatory

Article 1 paragraphs 1 and 2 of this Council Decision are without prejudice to the application dates set out in the UNECE Regulations. The list below contains references to the latest amendments of the UNECE Regulations. When these amendments set out implementation dates later than those set out in Paragraphs 1 and 2, the previous versions of such UNECE Regulations shall apply in the transitory period between the dates set out in Paragraphs 1 and 2 and the implementation dates set out in the UNECE Regulations.

Regulation Number | Subject | Latest amendment by UNECE | Date of entry into force of latest amendment | OJ Reference |

7 | Front and rear position (side) lamps, stop-lamps and end-outline marker lamps for power-driven vehicles and their trailers | Supplement 16 to the 02 series of amendments | 19.08.2010 |

8 | Motor vehicles headlamps (H1, H2, H3, HB3, HB4, H7, H8, H9, HIR1, HIR2 and/or H11) | 05 series of amendments Corrigendum 1 to Revision 4 | 08.09.2001 12.03.2003 |

10 | Electromagnetic compatibility | 03 series of amendments | 11.07.2008 | OJ L 116, 08.05.2010, p. 1 |

11 | Door latches and door retention components | Supplement 2 to the 03 series of amendments | 17.03.2010 | OJ L 120, 13.05.2010, p. 1 |

12 | Protection of the driver against the steering mechanism in the event of impact | Supplement 3 to the 03 series of amendments Corrigendum 3 to Revision 3 | 23.03.2000 | OJ L 165, 26.06.2008, p. 11 |

13 | Braking on vehicles of categories M, N and O | Supplement 5 to the 10 series of amendments | 15.10.2008 |

13-H | Braking of passenger cars | Supplement 9 to the original version of the Regulation | 17.03.2010 |

14 | Safety-belt anchorages, ISOFIX anchorages systems and ISOFIX top tether anchorages | Supplement 1 to the 07 series of amendments | 19.08.2010 |

16 | Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems | 06 series of amendments Corrigendum 1 to Revision 6 | 22.07.2009 |

17 | Seats, their anchorages and any head restraints | 08 series of amendments | 22.07.2009 |

18 | Protection of motor vehicles against unauthorized use | Supplement 2 to the 03 series of amendments | 15.10.2008 | OJ L 120, 13.05.2010, p. 29 |

19 | Power-driven vehicle front fog lamps | Supplement 2 to the 03 series of amendments | 19.08.2010 |

20 | Headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with halogen filament lamps (H4) | 03 series of amendments | 09.09.2001 |

21 | Interior fittings | Supplement 3 to the 01 series of amendments | 31.01.2003 | OJ L 188, 16.07.2008, p. 32 |

23 | Reversing lights for power-driven vehicles and their trailers | Supplement 15 to the original version of the Regulation | 15.10.2008 |

25 | Head restraints (headrests), whether or not incorporated in vehicle seats | 04 series of amendments Corrigendum 2 to Revision 1 | 15.01.1997 12.11.2008 |

26 | External projections | Supplement 1 to the 03 series of amendments | 11.06.2007 |

28 | Audible warning devices and signals | Supplement 3 to the original version of the Regulation | 28.12.2000 |

31 | Power-driven vehicle's sealed-beam headlamps (SB) emitting an European asymmetrical passing beam or a driving beam or both | Supplement 7 to the 02 series of amendments | 15.10.2008 |

34 | Prevention of fire risks | Supplement 3 to the 02 series of amendments | 24.10.09 |

37 | Filament lamps for use in approved lamp units of power-driven vehicles and their trailers | Supplement 34 to the 03 series of amendments | 19.08.2010 |

38 | Rear fog lamps for power-driven vehicles and their trailers | Supplement 14 to the original version of the Regulation Corrigendum 1 to supplement 12 | 15.10.2008 10.03.2009 |

39 | Speedometer equipment including its installation | Supplement 5 to the original version of the Regulation | 07.12.2002 | OJ L 120, 13.05.2010, p. 40 |

43 | Safety glazing materials | Supplement 12 to the original version of the Regulation | 24.10.2009 |

44 | Restraining devices for child occupants of power-driven vehicles ("child restraint system") | Corrigendum 3 to Revision 2 | 11.11.2009 |

46 | Devices for indirect vision and their installation | Supplement 4 to the 02 series of amendments Corrigendum 1 to Supplement 4 to the 02 series | 22.07.2009 11.11.2009 |

48 | Installation of lighting and light-signalling devices on motor vehicles | Supplement 4 to the 04 series of amendments | 19.08.2010 |

55 | Mechanical coupling components of combinations of vehicles | Supplement 1 to the 01 series of amendments | 17.03.2010 |

58 | Rear underrun protective devices (RUPDs) and their installation; Rear underrun protection (RUP) | 02 series of amendments | 11.07.2008 | OJ L 232, 30.08.2008, p. 13 |

61 | Commercial vehicles with regard to their external projections forward of the cab's rear panel | Supplement 1 to the original version of the Regulation | 10.10.2006 |

66 | Strength of the superstructure of large passenger vehicles | 02 series of amendments | 19.08.2010 |

67 | Motor vehicles using LPG | Supplement 9 to the 01 series of amendments | 19.08.2010 |

73 | Lateral protection of goods vehicles | Supplement 1 to the original version of the Regulation | 10.11.2007 | OJ L 120, 13.05.2010, p. 49 |

77 | Parking lamps for power-driven vehicles | Supplement 12 to the original version of the Regulation | 15.10.2008 |

79 | Steering equipment | Supplement 3 to the 01 series of amendments | 04.04.2005 | OJ L 137, 27.05.2008, p. 25 |

80 | Seats of large passenger vehicles | Supplement 3 to the 01 series of amendments Corrigendum 1 to the 01 series of amendments | 18.06.2007 12.11.2008 |

87 | Daytime running lamps for power-driven vehicles | Supplement 14 to the original version of the Regulation Corrigendum 1 to Revision 2 | 24.10.2009 11.11.2009 |

89 | Speed limitation of vehicles | Corrigendum 1 to the original version of the Regulation | 12.03.2008 |

90 | Replacement brake lining assemblies and drum brake linings for power-driven vehicles and their trailers | Supplement 11 to the 01 series of amendments | 24.10.2009 |

91 | Side-marker lamps for motor vehicles and their trailers | Supplement 11 to the original version of the Regulation | 15.10.2008 |

93 | Front underrun protective devices (FUPDs) and their installation; front underrun protection (FUP) | Original version of the Regulation | 27.02.1994 |

94 | Protection of occupants in the event of a frontal collision | Supplement 3 to the 01 series of amendments Corrigendum 2 to the 01 series of amendments Corrigendum 1 to Revision 1 | 02.02.2007 14.11.2007 24.06.2009 |

95 | Protection of occupants in the event of a lateral collision | Supplement 1 to the 02 series of amendments Corrigendum 1 to Supplement 1 to the 02 series of amendments | 12.08.2004 14.11.2007 | OJ L 313, 30.11.2007, p. 1 |

97 | Vehicle Alarm Systems (VAS) | Supplement 5 to the 01 series of amendments | 18.06.2007 | OJ L 351, 30.12.2008, p. 1 |

98 | Motor vehicle headlamps equipped with gas-discharge light sources | Supplement 13 to the original version of the Regulation | 19.08.2010 |

99 | Gas-discharge light sources for use in approved gas-discharge lamp units of power-driven vehicles | Supplement 5 to the original version of the Regulation | 19.08.2010 |

102 | Close-coupling device (CCD); fitting of an approved type of CCD | Original version of the Regulation | 13.12.1996 | OJ L 351, 30.12.2008, p. 44 |

105 | Vehicles for the carriage of dangerous goods | Supplement 1 to the 04 series of amendments | 22.07.2009 |

107 | M2 and M3 vehicles | 03 series of amendments | 19.08.2010 |

110 | Specific components for CNG | Supplement 9 to the original version of the Regulation | 19.08.2010 |

112 | Motor vehicle headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with filament lamps and/or LED modules | Supplement 12 to the original version of the Regulation | 19.08.2010 |

116 | Protection of motor vehicles against unauthorized use | Supplement 2 to the original version of the Regulation | 15.10.2008 |

118 | Burning behaviour of materials used in the interior construction of certain categories of motor vehicles | Original version of the Regulation | 06.04.2005 |

121 | Location and identification of hand controls, tell-tales and indicators | Supplement 3 to the original version of the Regulation Corrigendum 1 to Supplement 1 Corrigendum 5 to the original version of the Regulation | 24.10.2009 11.11.2009 11.11.2009 |

122 | Heating system of vehicles of categories M, N and O | Supplement 1 to the original version of the Regulation | 22.07.2009 |

123 | Adaptive front-lighting systems (AFS) for motor vehicles | Supplement 4 to the original version of the Regulation | 19.08.2010 |

125 | Forward field of vision | Supplement 2 to the original version of the Regulation: | 19.08.2010 |

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

[2] OJ L 263, 9.10.2007, p. 1.

[3] OJ L 200, 31.7.2009, p.1.

[4] OJ C , , p. .

[5] OJ C , , p. .

[6] Council Decision of 7 November 2000 on the accession by the European Community to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas, OJ L 290, 17.11.2000, p.29.

[7] Council Decision of 26 June 2001 on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 105 on the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features, OJ L 183, 6.7.2001, p.33.

[8] Council Decision of 14 May 2001 on the accession of the European Community to the United Nations Economic Commission for Europe Regulation No 13-H on the component approval of passenger cars in respect of their Braking, OJ L 139, 23.5.2001, p.14.

[9] Council Decision of 18 July 2005 on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 94 on provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision and Regulation No 95 on provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a lateral collision, OJ L 217, 22.8.2005, p.1.

[10] Council Decision of 15 May 2006 on the position of the European Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles, OJ L 135, 23.5.2006, p.12.

[11] Council Decision of 13 March 2006 on the accession of the Community to United Nations Economic Commission for Europe Regulation No 55 on provisions concerning the approval of mechanical coupling components of combinations of vehicles, OJ L 181, 4.7.2006, p.53.

[12] Council Decision of 28 November 2006 on the accession of the Community to United Nations Economic Commission for Europe Regulation No 107 on uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction, OJ L 337, 5.12.2006, p.45.

[13] Council Decision of 22 February 2007 on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver, OJ L 69, 9.3.2007, p.37.

[14] Council Decision of 5 May 2009 on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 61 on uniform provisions for the approval of commercial vehicles with regard to their external projections forward of the cab’s rear panel , OJ L 144, 9.6.2009, p.24.

[15] OJ L

[16] OJ L