on the application by the Union of Regulations Nos 9, 63 and 92 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of three-wheeled vehicles, mopeds and of the replacement exhaust silencing systems for L-category vehicles with regard to sound emission

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The United Nations Economic Commission for Europe (UN/ECE) develops harmonised requirements at international level intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties 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’) and to ensure that such vehicles offer a high level of health, safety and environmental protection.

The European Union is a contracting party to the Revised 1958 Agreement, as are the Member States and applies most of the UN Regulations adopted under this Agreement, with the exception of those, which do not provide a level of protection similar or higher than EU legislation. This was the case, until now, of UN Regulations Nos 9 on noise of three-wheeled vehicles, 63 on noise emissions of mopeds and 92 on replacement exhaust silencing systems for L-category vehicles (‘UN Regulations Nos 9, 63 and 92’, respectively). However, those UN Regulations have recently been brought up to the same level of environmental protection as obtained through Union type-approval legislation, which now allows the Union to start applying those UN Regulations. The objective of those Regulations is to establish equivalent provisions for sound control of motorcycles and clarifications to the stationary noise measurement test of such vehicles.

At EU level, Annexes IV, V and VI to Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles, referring to Annex IX to Regulation (EU) No 134/2014 on environmental and propulsion unit performance requirements of two- and three-wheel vehicles and quadricycles and their components, systems and separate technical units, mandates the type approval for two and three-wheel motor vehicles, according to measurement procedures and limit values for sound levels as laid down in Annexes IV, V and VI to Regulation (EU) No 168/2013.

This Council Decision determines the application by the Union of UN Regulations Nos 9, 63 and 92 and authorises the Commission to notify the UN Secretary-General thereof.

•Consistency with existing policy provisions in the policy area

This proposal complements and is fully in line with the Union's internal market policy as regards the automotive industry.

The WP.29 system strengthens international harmonization of vehicle standards. The 1958 Agreement plays a key role in this objective since EU manufacturers can operate to a common set of type approval Regulations in the knowledge that the product will be recognized by the Contracting Parties as being in conformity with its national legislation. This scheme, for instance, has allowed for Regulation (EU) No 134/2014 to already apply UN Regulation No 41 on the approval of motorcycles with regard to noise, as well as permitted Regulation (EU) No 3/2014 on functional safety of two- and three-wheel vehicles and quadricycles and Regulation (EU) No 44/2014 on construction and general requirements of the same vehicles to apply on a compulsory basis 31 UN Regulations.

A similar approach has been taken with Regulation (EC) No 661/2009 on the general safety of motor vehicles, which repeals more than 50 EU Directives and replaces them with the corresponding Regulations developed under the 1958 Agreement and Directive 2007/46/EC, which has 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 in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of that Directive, UN Regulations have increasingly been incorporated into Union legislation in the framework of the EU type-approval.

•Consistency with other Union policies

The proposal is in line with the objectives of Regulations (EU) No 168/2013 and 134/2014 and is therefore consistent with the EU health, safety and environmental objectives and the objective to make progress towards the international harmonisation of L-category vehicles (two and three-wheel vehicles and quadricycles) legislation.

Furthermore, the proposal is in line with Council Decision 97/836/EC with a view to the application by the European Community of the Revised 1958 Agreement. Also, the WP.29 system is linked to the Union policy on competiveness, on which this initiative has a positive impact. This proposal is also consistent with Union transport and energy policies, which are duly considered in the process for the drafting and adoption of the UN Regulations falling under the 1958 Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Taking into consideration the object and content of the Council Decision, the legal bases are Articles 114 and 207 TFEU, in conjunction with Article 218(9) TFEU. The procedure to be followed for the adoption of the Council Decision is the one laid down in Article 3(3) of Council Decision 97/836/EC.

•Subsidiarity (for non-exclusive competence)

Sound requirements are already harmonised at EU level, but the relevant legislation is outdated and needs updating with respect to technical progress made since its adoption. The application of international instruments like equivalent UN Regulations and their incorporation into the EU system for the type-approval of motor vehicles can only be done by the European Union. This does not only prevent fragmentation of the Internal Market, but also ensures uniform health, safety and environmental standards across the Union. It also offers advantages derived from economies of scale: products can be made for the whole Union market and even for the international market, instead of being customised to obtain national type-approval for every single Member State.