Proposal for a Council Decision on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non original equipment.
Date: 2006-03-13
Institutions: European Commission
Subjects: Ecosoc, accession to an agreement, motor vehicle, regulation, safety device, safety standard, transport safety, vehicle parts

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.03.2006 
COM(2006) 112 final 

2006/0035(AVC) 

Proposal for a  

COUNCIL DECISION 

on the position of the Community in relation to the draft Regulation of the United 
Nations Economic Commission for Europe concerning the approval of partitioning 
systems to protect passengers against displaced luggage, supplied as non-original 
equipment. 

(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 on 
partitioning systems for passenger cars. 

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. 

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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2006/0035(AVC) 

Proposal for a 

COUNCIL DECISION 

on the position of the Community in relation to the draft Regulation of the United 
Nations Economic Commission for Europe concerning the approval of partitioning 
systems to protect passengers against displaced luggage, supplied as non-original 
equipment. 

(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 (UN/ECE) 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 prescriptions 
(revised 1958 Agreement(1)), in particular the second indent of Article 4(2) thereof, 

Having regard to the proposal of the Commission(2), 

Having regard to the assent of the European Parliament(3), 

Whereas: 

(1) 

(2) 

(3) 

The  draft  Regulation  of  the  United  Nations  Economic  Commission  for  Europe 
concerning the approval of partitioning systems to protect passengers against displaced 
luggage, supplied as non-original equipment provides for the abolition of 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 draft Regulation 
and  consequently  to  provide  for  the  Community,  represented  by  the  Commission,  to 
vote in favour of that draft. 

Since the draft Regulation concerns the provision of non-original equipment, it should 
not become part of the Community system for the type-approval of motor vehicles, 

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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) on 
partitioning systems to protect passengers against displaced luggage, supplied as non-original 
equipment, as contained in document TRANS/WP.29/2005/88 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 at a forthcoming meeting of the Administrative Committee 
of the UN/ECE World Forum for Harmonisation of Vehicle Regulations. 

Article 3 

The  UN/ECE  Regulation  on  partitioning  systems  to  protect  passengers  against  displaced 
luggage, supplied as non-original equipment, shall not become part of the Community type-
approval system for motor vehicles. 

Done at Brussels, 

For the Council 
The President 

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