2011/0188 (NLE)

Proposal for a

COUNCIL DECISION

on the position of the European Union in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning Pedestrian Safety and to the draft Regulation of the United Nations Economic Commission for Europe concerning Light Emitting Diode (LED) light sources together with its corrigenda

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 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], and in particular the second indent of Article 4(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament[2],

Whereas:

1. The standardised requirements of the draft Regulation of the United Nations Economic Commission for Europe (UNECE) on provisions concerning the approval of vehicles with regard to Pedestrian Safety[3] and the draft UNECE Regulation on provisions concerning the approval of vehicles with regard to Light Emitting Diode (LED) light sources[4] are intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and protection.

2. It is appropriate to define the European Union position with regard to the said draft Regulations and consequently to provide for the European Union, represented by the Commission, to vote in favour of these drafts.

3. The European Commission considers that the draft Regulations on both Pedestrian Safety and Light Emitting Diode (LED) light sources should be incorporated into the European Union system for the type-approval of motor vehicles,

HAS DECIDED AS FOLLOWS:

Article 1

The draft UNECE Regulation concerning Pedestrian Safety, as contained in document ECE TRANS/WP.29/2010/127 is hereby approved.

Article 2

The draft UNECE Regulation concerning Light Emitting Diode (LED) light sources, as contained in document ECE TRANS/WP.29/2010/44 is hereby approved.

Article 3

The European Union, represented by the Commission, shall vote in favour of the draft UNECE Regulations referred to in Articles 1 and 2 at a forthcoming meeting of the Administrative Committee of the UNECE World Forum for Harmonisation of vehicles Regulations.

Article 4

With reference to the provisions of Articles 35 and 36 of 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, the equivalence of the requirements of the draft UNECE Regulation on Pedestrian Safety and those set out in Annex I, paragraphs 3.1, 3.3, 3.4, 3.5, of Regulation (EC) No 78/2009 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users[5], shall be recognised.

Article 5

The draft UNECE Regulations concerning Pedestrian Safety and Light Emitting Diode (LED) light sources shall become part of the European Union type-approval system for motor vehicles.

Done at Brussels,

For the Council

The President

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

[2] OJ (…) (not yet published).

[3] UNECE Document ECE TRANS/WP.29/2010/127.

[4] UNECE Document ECE TRANS/WP.29/2010/44.

[5] OJ L 35, 4.2.2009, p.1.