Proposal for a Council Decision on the position of the European Community regarding the adaptation to technical progress of Regulation 51 of the United Nations Economic Commission for Europe
Date: 2006-04-05
Institutions: European Commission
Subjects: Ecosoc, approximation of laws, motor vehicle, technical regulations, technological change, vehicle parts

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 05.04.2006 
COM(2006) 150 final 

Proposal for a 

COUNCIL DECISION 

on the position of the European Community regarding the adaptation to technical 
progress of Regulation 51 of the United Nations Economic Commission for Europe 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Since UN/ECE Regulation 51 regarding the noise of motor vehicles (cars, trucks and buses) 
came into force, the applicable limit values have been reduced several times, the last time in 
1995.  This  last  reduction  did  not  have  the  expected  effects,  and  subsequent  studies  showed 
that the measurement method does not reflect real world driving behaviour any longer. It was 
therefore decided that, before reducing the limit values once again, it is first of all necessary 
to elaborate a new test cycle and bring the driving conditions for the noise test closer in line 
with real life driving conditions. 

A  working  group  within  UN/ECE  has  now  prepared  an  amendment  to  Regulation  51.  The 
envisaged  amendment  shall  replace  the  existing  test  protocol  with  a  better  measurement 
method  reproducing  the  sound  levels  generated  by  vehicles  during  normal  driving  in  urban 
traffic.  The  group  has  also  discussed  new  limit  values  and  proposes  to  introduce  these  with 
relatively long transitory periods. 

While the Commission believes that the new test method may be a suitable one, it feels that 
the working group was trying to introduce it hastily and that no proper impact assessment has 
taken place. The same is true for the limit values. The Commission has therefore opposed the 
document from the working group and proposes the following improvements: 

(1) 

An impact assessment should be made before the new test method, let alone any limit 
values, can be adopted. 

(2) 

The Commission has volunteered to do the impact assessment. 

(3) 

(4) 

In  order  for  the  Commission  to  obtain  representative  data  for  a  solid  impact 
assessment, it proposes that vehicle manufacturers shall carry out the old and the new 
measurement  method  in  parallel.  The  old  method  would  continue  to  be  required  in 
order  to  get  type-approval  and  the  new  method  would  be  used  for  monitoring 
purposes.  

As  soon  as  a  sufficient  number  of  representative  data  have  been  collected,  the 
Commission  would  conclude  its  impact  assessment  and  would  propose  limit  values. 
The monitoring process would then stop.  

The present proposal limits the duration and extent of the monitoring process. For example, 
certain categories of approvals will be excluded from the monitoring and the duration will be 
limited to two years. 

The issue was presented to the ‘Committee for Adaptation to Technical Progress’ (CATP) on 
14. February 2006. During this meeting the Committee did not deliver a favourable opinion 
on the Commission proposal. It is therefore proposed, in line with the Comitology procedure, 
that  the  draft  is  submitted  to  the  Council  for  further  discussion.  Within  three  months  after 
receipt the Council shall act by qualified majority on the proposal. If on expiry of that period 
the  Council  has  neither  adopted  the  act  nor  indicated  its  opposition,  the  proposal  shall  be 
adopted by the Commission according to Council Decision 1999/468/EC. 

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Proposal for a 

COUNCIL DECISION 

on the position of the European Community regarding the adaptation to technical 
progress of Regulation 51 of the United Nations Economic Commission for Europe 

(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  to  and/or  be  used  on  wheeled 
vehicles  and  the  conditions  for  reciprocal  recognition  of  approvals  granted  on  the  basis  of 
these  prescriptions1  (“Revised  1958  Agreement”),  and  in  particular  the  first  indent  of 
Article 4(2) thereof, 

Having regard to the proposal from the Commission2 

Whereas: 

(1)  Where a proposal to adapt a Regulation of the United Nations Economic Commission 
for Europe annexed to the “Revised 1958 Agreement” - a Regulation which binds the 
Community by virtue of the provisions of Annex II to Decision 97/836/EC or to which 
the  Community  has  acceded  subsequently  -  is  put  to  the  vote  in  the  Administrative 
Committee set up pursuant to Article 1(2) of the said Agreement, the vote which the 
Commission is to cast may be adopted in accordance with the procedure applicable to 
technical adaptations of Directives relating to the type-approval of motor vehicles. 

(2) 

(3) 

In  the  light  of  experience  and  technical  developments,  the  requirements  relating  to 
certain elements or features covered by UN/ECE Regulation 51 need to be adapted. 

A  draft  Commission  Decision  was  submitted  to  the  Committee  on  Adaptation  to 
Technical Progress set up by Council Directive 70/156/EEC of 6 February 1970 on the 
approximation of the laws of the Member States relating to the type-approval of motor 
vehicles and their trailers. The Committee did not deliver a favourable opinion on the 
draft Decision at its meeting of 14 February 2006. Thus, according to the Comitology 
procedure, the Commission had to submit a proposal for measures to be taken to the 
Council. 

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2 

OJ L 346, 17.12.1997, p. 78. 
OJ C […] […], p. […] 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  draft  amendment  to  the  Regulation  of  the  UN/ECE  referred  to  in  the  annex  is  hereby 
approved. 

Article 2 

The  European  Community  represented  by  the  Commission  shall  vote  in  favour  of  the  draft 
amendment to the Regulation referred to in Article 1 in the vote to be held at the meeting of 
the Administrative Committee on 22 or 23 June 2006 during the 139th meeting of the “World 
Forum  for  Harmonisation  of  Vehicle  Regulations”  of  the  UN/ECE  or,  as  appropriate,  when 
they are put to the vote at a later meeting. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

The European Community’s vote relates to the following document: 

Regulation No 51 

TRANS/WP.29/2006/31 

TRANS/WP.29/2006/31/Add. 1 

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