Proposal for Revision 1 to the Authorization to develop a new UN GTR on the Determination of Electrified Vehicle Power (DEVP)

Technical report on the development of Amendment 4 to UN GTR No. 2 (on the measurement procedure for two- wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption)

Proposal for Amendment 4 to UN GTR No. 2 (on the measurement procedure for two- wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption)

Proposal for Supplement 2 to the 01 series of amendments to Regulation No. 86 (Installation of lighting and light-signalling devices for agricultural vehicles)

Proposal for Supplement 10 to the 07 series of amendments to UN Regulation No. 83 (Emissions of M1 and N1 vehicles)

Proposal for the 04 series of amendments to UN Regulation No. 80 (Strength of seats and their anchorages (buses))

Proposal for Supplement 11 to the 01 series of amendments to UN Regulation No. 74 (Installation of lighting and light-signalling devices for mopeds)

Proposal for a new 02 series of amendments to UN Regulation No. 74 (Installation of lighting and light-signalling devices for mopeds)

Proposal for Supplement 21 to the 01 series of amendments to UN Regulation No.53 (Installation of lighting and light-signalling devices for L3 vehicles)

Proposal for Supplement 3 to the 02 series of amendments to UN Regulation No.53 (Installation of lighting and light-signalling devices for L3 vehicles)

Proposal for Supplement 13 to the 06 series of amendments to UN Regulation No. 48 (Installation of lighting and light-signalling devices)

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 (DEVP)

EUROPEAN COMMISSION Brussels, 11.10.2019 COM(2019) 480 final 2019/0232(NLE) Proposal for a COUNCIL DECISION 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 (DEVP)



EXPLANATORY MEMORANDUM 1.SUBJECT MATTER OF THE PROPOSAL This proposal concerns a decision establishing the position to be taken on the Union’s behalf in one of a permanent working parties in the institutional framework of the United Nations, namely in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe (Working Party 29 or WP.29), in connection with the envisaged adoption by this working party of modifications to existing UN Regulations (under the Revised 1958 Agreement) or UN Global Technical Regulations (UN GTRs under the Parallel Agreement) and a number of resolutions under the both Agreements. 2.CONTEXT OF THE PROPOSAL 2.1.The 1958 Agreement and the 1998 Agreement 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 these prescriptions (“Revised 1958 Agreement”) and 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") aim to develop harmonised requirements intended to remove technical barriers to the trade in motor vehicles between the UNECE Contracting Parties and to ensure that such vehicles offer a high level of safety and environmental protection. The Agreements entered into force for the EU on 24 March 1998 and 15 February 2000 respectively. They are both administered by the UNECE World Forum for Harmonisation of Vehicle Regulations (Working Party 29 or WP.29). The European Union is a party to these Agreements. 2.2. The World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe (UNECE) – Working Party 29 or WP. 29 WP.29 offers a unique framework for globally harmonized regulations on vehicles. WP.29 is a permanent working party in the institutional framework of the United Nations with a specific mandate and rules of procedure. It works as a global forum allowing open discussions on motor vehicle regulations and where the implementation of the Revised 1958 Agreement and the Parallel Agreement is being discussed. Any member country of the United Nations and any regional economic integration organization, set up by country members of the United Nations, may fully participate in the activities of WP.29 and may become a contracting party to the Agreements on vehicles administered by WP.29. The meetings of UNECE WP.29 are held three times a year, i.e. in March, June and November. In each meeting session new UN Regulations, new UN Global Technical Regulations (UN GTRs) and/or modifications to existing UN Regulations (under the Revised 1958 Agreement) or UN Global Technical Regulations (UN GTRs under the Parallel Agreement) are adopted in order to allow for technical progress. Prior to each WP.29 meeting these modifications are first discussed at technical level in dedicated subsidiary bodies of WP.29. Subsequently, a vote takes place at WP.29 level (i.e. by a qualified majority of the Contracting Parties present and voting for the proposals under the Revised 1958 Agreement and by a consensus vote of the Contracting Parties present and voting for the proposals under the Parallel Agreement). The position to be taken on behalf of the Union on the new Regulations and GTRs, their amendments, supplements and corrigenda, is established ahead of each WP.29 by a Council Decision under Article 218 (9) TFEU. 2.3. The envisaged act of WP.29 Between 12 and 14 November 2019, during its 179th session, WP.29 may adopt the proposals for modifications to UN Regulations Nos. 0, 16, 17, 21, 35, 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 (DEVP). 3. POSITION TO BE TAKEN ON THE UNION'S BEHALF 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 (EC) No 661/2009 on the general safety of motor vehicles to repeal more than 50 EU Directives and replace them with the corresponding Regulations developed under the 1958 Agreement. A similar approach has been taken with 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.

Once the proposals for modifications to or new UN Regulations are adopted by WP.29, and once these acts are notified to the Contracting Parties by the Executive Secretary of UNECE, then after six months, in the absence of objections by the Contracting Parties constituting a blocking minority, the acts may finally enter into force and may be transposed in the applicable national rules of each Contracting Party. In the EU, the transposition is completed following the publication of these acts in the Official Journals of the EU. The modified or new requirements, stemming from the entry into force of these envisaged acts are directly applicable in the EU law (i.e. for the purpose of the European whole vehicle type approval) after the amendment of Annex 4 of the Directive 2007/46/EC and Annex 1 of the Regulation (EC) No 661/2009. It is, hence, necessary to define the Union's position on: –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 (DEVP); submitted for vote in the November 2019 WP.29 meeting that will take place from 12 to 14 November 2019. The Union should support the above acts because they are fully in line with the Union’s internal market policy as regards the automotive industry and are consistent with Union transport, climate and energy policies. These acts have a very positive impact on automotive EU competitiveness and international trade. The vote in favour of these acts will foster technological progress, offer advantages of economies of scale, prevent fragmentation of the internal market and ensure equal environmental and safety standards across the Union. External expertise is not relevant in the case of this proposal. It will however be reviewed by the Technical Committee on Motor Vehicles. 4.LEGAL BASIS 4.1. Procedural legal basis 4.1.1. Principles Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’ The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’. 4.1.2. Application to the present case WP.29 is a body where the implementation of the Revised 1958 Agreement and the Parallel Agreement is being discussed between the UNECE Contracting Parties.

The acts which WP.29 is called upon to adopt constitute acts having legal effects. The UN Regulations within the envisaged act will be binding on the Union and capable of decisively influencing the content of EU legislation in the field of vehicle type approval. Directive 2007/46/EC of the European Parliament and of the Council 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. The envisaged acts do not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 4.2. Substantive legal basis 4.2.1. Principles The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component. 4.2.2. Application to the present case The main objective and content of the envisaged act relate to the approximation of laws. Therefore, the substantive legal basis of the proposed decision is Article 114. 4.3. Conclusion The legal basis of the proposed decision should be Article 114, in conjunction with Article 218(9) TFEU. 2019/0232 (NLE) Proposal for a COUNCIL DECISION 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 (DEVP) 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, 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, 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 (Working Party 29 or 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 (DEVP). (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 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 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 UN Global Technical Regulation (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 EU 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 between the experts, it would be appropriate to refer it back to the dedicated subsidiary body. (10)The authorisation to develop amendment 4 to the global technical regulation (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 of Consolidated Resolution of the Construction of Vehicles (R.E.3). This 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 1 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).