Proposal for a Council Decision on the accession of the Community to United Nations Economic Commission for Europe Regulation No. 107 on provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction
Date: 2005-12-07
Institutions: European Commission
Subjects: Ecosoc, approval, commercial vehicle, motor car, motor vehicle industry, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.12.2005 
COM(2005) 632 final 

2005/0250 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the accession of the Community to United Nations Economic Commission 
for Europe Regulation No. 107 on provisions concerning the approval of category  
M2 or M3 vehicles with regard to their general construction 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

GENERAL 

By Council Decision 97/836/EC of 27 November 1997, the EC became a contracting party to 
the  United  Nations  Economic  Commission  for  Europe's  (UN/ECE's)  Revised  1958 
Agreement  on  24  March  1998  and  acceded  to  78  regulations  appended  to  that  Agreement. 
That Decision took effect on 24 March 1998. 

Article  3(3)  of  that  Decision  foresees  that  the  Community  may  decide  to  implement  a 
regulation  to  which  it  had  not  acceded  when  it  acceded  to  the  revised  Agreement  if  the 
Council approves that regulation by a qualified majority after receiving the assent of the EP. 

UN/ECE  Regulation  No.  1071  on  provisions  concerning  the  approval  of  category  
M2  or  M3  vehicles  with  regard  to  their  general  construction  is  aimed,  in  particular,  at 
removing  technical  barriers  to  the  trade  in  motor  vehicles  between  the  contracting  parties 
while ensuring a high level of safety in the operation of vehicles. The Commission therefore 
considers that it would be desirable for the EC to accede thereto. 

It  is  also  provided  that  the  Regulation  concerned  shall  become  part  of  the  type-approval 
system for motor vehicles because the scope of Directive 2001/85/EC is similar to Regulation 
No. 107. 

It should be stressed that the EC will take its decision regarding accession to this Regulation 
on  the  basis  of  the  documents  that  are  available  in  the  official  languages  of  the  UN/ECE 
(English, French and Russian). As the EC has become party to the 1958 UN/ECE agreement, 
it  is  required  to  observe  the  procedures  provided  for  in  that  agreement.  Therefore  only  the 
French and English versions of Regulation No. 107 have been appended. Translations of this 
Regulation will be published before entering into force. 

2. 

CONTENTS OF THE PROPOSAL FOR A DECISION 

The purpose of the proposal for a decision is to enable the Community to accede to UN/ECE 
Regulation No. 107 on provisions concerning the approval of category M2 or M3 vehicles 
with regard to their general construction. 

1 

UN  Document 
E/ECE/TRANS/505/Rev.2/Add.106/Rev.1/Corr.1. 

E/ECE/TRANS/505/Rev.2/Add.106/Rev.1, 

as 

amended 

by  Document 

EN 

2 

   EN 

 
                                                 
2005/0250 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the accession of the Community to United Nations Economic Commission 
for Europe Regulation No. 107 on provisions concerning the approval of category  
M2 or M3 vehicles with regard to their general construction2 

(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 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”)3, and in particular Article 3(3) and the second indent of Article 4(2), thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament4, 

Whereas: 

(1) 

The  standardised  requirements  of  Regulation  No.  1075  on  provisions  concerning  the 
approval of category M2 or M3 vehicles with regard to their general construction are 
intended  to  remove  technical  barriers  to  the  trade  in  motor  vehicles  between  the 
Contracting Parties and to ensure a high level of safety and protection in the operation 
of vehicles. 

(2) 

The Commission therefore considers that Regulation No. 107 should become part of 
the Community system for the type approval of motor vehicles. 

2 

3 
4 
5 

EN 

Taking account of all amendments up to and including Corrigendum 1 to Revision 1, entered into force 
on 19 October 2004. 
OJ L 346 of 17.12.1997, p. 78. 
OJ C , , p. . 
UN  Document 
E/ECE/TRANS/505/Rev.2/Add.106/Rev.1/Corr.1. 

E/ECE/TRANS/505/Rev.2/Add.106/Rev.1, 

by  Document 

amended 

as 

3 

   EN 

 
 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

The  Community  shall  apply  Regulation  No.  107  of  the  United  Nations  Economic 
Commission  for  Europe  on  provisions  concerning  the  approval  of  category  
M2 or M3 vehicles with regard to their general construction  

2. 

The text of the Regulation is attached to this Decision. 

Article 2 

Regulation No. 107  of the  United Nations Economic Commission  for  Europe  on  provisions 
concerning  the  approval  of  category  M2  or  M3  vehicles  with  regard  to  their  general 
construction shall become part of the Community type-approval system for motor vehicles. 

Article 3 

The Commission shall notify the Secretary-General of the United Nations of this Decision. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN