Proposal for a Council Decision 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
Date: 2005-09-28
Institutions: European Commission
Subjects: Ecosoc, accession to an agreement, approval, harmonisation of standards, motor vehicle, signalling device, technical regulations, vehicle parts

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.9.2005 
COM(2005) 454 final 

2005/0180 (AVC) 

Proposal for a  

COUNCIL DECISION 

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 

(presented by the Commission) 

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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). That Decision took effect on 24 March 1998. 

Article 4 of that Decision stipulates, inter alia, that where a draft Regulation of the UN/ECE 
is submitted to a vote within  the appropriate UN/ECE  bodies,  the  draft  in  question  must  be 
approved  by  the  Council,  after  obtaining  assent  from  the  European  Parliament,  before  the 
Community can declare itself in favour of adopting the draft. 

The  agenda  of  a  forthcoming  meeting  of  the  World  Forum  for  Harmonisation  of  Vehicle 
Regulations  of  the  UN/ECE  will  include,  in  particular,  a  vote  on  a  (new)  draft  Regulation 
concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles. 

The main purpose of the draft Regulation is to establish harmonised technical prescriptions, 
thereby  avoiding  the  creation  of  technical  barriers  to  trade  in  motor  vehicles  between  the 
Contracting Parties, while ensuring a high level of safety and environmental protection. 

Specifically,  the  draft  regulation  will  enable  vehicles  to  be  fitted  with  headlamps  that  can 
have their beam pattern adapted to better suit the type of road that the vehicle is being driven 
on and the road conditions. 

The EC's position at the time of the vote will be based on documents available in the official 
languages  of  the  UN/ECE  (French  and  English).  As  the  EC  has  become  party  to  the  1958 
UN/ECE agreement, it is required to observe the procedures provided for in that agreement. 

In conformity with the provisions 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  of  the 
European Union before coming into force. 

2. 

CONTENT OF THE PROPOSAL FOR A DECISION 

The purpose of the proposal is to enable the Commission representative to vote on the draft 
Regulation  on  behalf  of  the  Community  at  a  forthcoming  meeting  of  the  UN/ECE  World 
Forum for Harmonisation of Vehicle Regulations. 

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2005/0180 (AVC) 

Proposal for a 

COUNCIL DECISION 

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 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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  and/or  be  used  on  wheeled  vehicles  and  the 
conditions for reciprocal recognition of approvals granted on the basis of these prescriptions1, 
particularly Article 4(2), second indent, thereof, 

Having regard to the proposal of the Commission2, 

Having regard to the assent of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

The  draft  Regulation  of  the  United  Nations  Economic  Commission  for  Europe 
concerning  the  approval  of  adaptive  front-lighting  systems  (AFS)  for  motor  vehicles 
will  abolish  the  technical  barriers  to  the  trade  of  motor  vehicles  between  the 
Contracting Parties with respect to these components, while ensuring a high level of 
safety and environmental protection. 

It  is  appropriate  to  define  the  Community's  position  with  regard  to  the  said  draft 
Regulation. 

The said draft Regulation should be incorporated into the Community system for the 
type-approval of motor vehicles, 

1 
2 
3 

OJ L 346 of 17.12.1997, p. 78. 
OJ C. .of. ., p. . 
OJ C. .of. ., p. . 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  draft  Regulation  of  the  United  Nations  Economic  Commission  for  Europe  (UN/ECE) 
concerning  the  approval  of  adaptive  front-lighting  systems  (AFS)  for  motor  vehicles,  as 
contained in document TRANS/WP.29/2005/31 and TRANS/WP.29/2005/31/add.1 is hereby 
approved. 

Article 2 

The Community, represented by the Commission,  shall  vote in favour of the draft UN/ECE 
Regulation referred to in Article 1 in the vote which will take place during a meeting of the 
Administrative  Committee  at  a  forthcoming  meeting  of  the  UN/ECE  World  Forum  for 
Harmonisation of Vehicle Regulations. 

Article 3 

The  UN/ECE  Regulation  concerning  the  approval  of  adaptive  front-lighting  systems  (AFS) 
for motor vehicles, shall be incorporated into the Community type-approval system for motor 
vehicles. 

Done at Brussels, 

For the Council 
The President   

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