Proposal for a Council Decision on the compulsory application of Regulation No 100 of the United Nations Economic Commission for Europe for the approval of motor vehicles with regard to electric safety
Date: 2010-06-15
Institutions: European Commission
Subjects: electric vehicle, motor vehicle, safety standard, technical regulations, technical standard, vehicle parts

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EUROPEAN COMMISSION 

Brussels, 15.6.2010 
COM(2010)280 final 

2010/0168 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the compulsory application of Regulation No 100 of the United Nations Economic 
Commission for Europe for the approval of motor vehicles with regard to electric safety 

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EXPLANATORY MEMORANDUM 

Proposal for a Council Decision on the compulsory application of Regulation No 100 of 
the United Nations Economic Commission for Europe for the approval of motor vehicles 
with regard to electric safety 

1. 

CONTEXT OF THE PROPOSAL 

Given the importance of reducing carbon emissions from road transport, and the price 
and security of oil supply, electric cars (hybrid and pure electric) may well be a viable 
alternative to traditional internal combustion engines using fossil fuels. The adoption 
of the decision would be an important step forward in ensuring a high level of public 
safety  and  the  proper  functioning  of  the  internal  market  of  electric  vehicles  that  are 
being introduced on the market in increasing numbers. 

Pursuant  to  the  new  Framework  Directive  (Directive  2007/46/EC),  the  legislative 
framework  for  type-approval  of  motor  vehicles  has  been  extended  to  cover  all  road 
vehicles. Thus, it  includes also alternative power train vehicles, such as full electric 
and hybrid cars. The proposal aims at ensuring that all electric vehicles marketed in 
Europe are constructed according to a common safety standard and thereby protecting 
vehicle users from getting into contact with high voltage parts of the vehicle.  

UNECE Regulation No. 100 sets out safety requirements for the approval of vehicles 
equipped  with  an  electric  power  train  (full  electric  and  hybrid  vehicles).  Mandating 
UNECE  Regulation  No.  100  would  ensure  simplification  of  the  approval  procedure 
through harmonised requirements on electric safety. There is a broad support for the 
proposal,  since  harmonised  test  requirements  will  simplify  the  approval  of  electric 
vehicles. Indeed, it will replace divergent approval practices of some Member States 
and hence, will result in substantial savings for manufacturers. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Not applicable 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Mandating  UNECE  Regulation  100  would  ensure  simplification  of  the  approval 
procedure  through  harmonised  requirements  on  electric  safety.  Harmonised  test 
requirements  will  simplify  the  approval  of  electric  vehicles  by  replacing  divergent 
approval practices of some Member States and thus, will result in substantial savings 
for manufacturers. 

The  legal  basis  of  the  proposal  is  Article  34(2)  of  Directive  2007/46/EC  of  the 
European Parliament and of the Council of 5 September 2007 establishing a framework 
for  the  approval  of  motor  vehicles  and  their  trailers,  and  of  systems,  components  and 
separate technical units intended for such vehicles. 

The objectives of the proposal cannot be sufficiently achieved by the Member States. 
Action at EU level will better achieve the objectives of the proposal because it will 
avoid  fragmentation  of  the  internal  market  which  would  otherwise  arise  and  will 
enhance  the  safety  and  environmental  performance  of  vehicles.  The  proposal 
therefore complies with the subsidiarity principle. 

The  proposal  complies  with  the  proportionality  principle  because  it  does  not  go 
beyond  what  is  necessary  in  order  to  achieve  the  objectives  of  ensuring  the  proper 
functioning of the internal market while at the same time providing for a high level of 
public safety and environmental protection. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

5. 

ADDITIONAL INFORMATION 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

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2010/0168 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the compulsory application of Regulation No 100 of the United Nations Economic 
Commission for Europe for the approval of motor vehicles with regard to electric safety 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

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 prescriptions, (“Revised 1958 Agreement”)1, 

Having  regard  to  Directive  2007/46/EC  of  the  European  Parliament  and  of  the  Council  of  5 
September 2007 establishing a framework for the approval of motor vehicles and their trailers, and 
of  systems,  components  and  separate  technical  units  intended  for  such  vehicles  (Framework 
Directive)2, and in particular Article 34(2) thereof, 

Having  regard  to  Regulation  (EC)  No  661/2009  of  the  European  Parliament  and  of  the 
Council  of  13  July  2009  concerning  type-approval  requirements  for  the  general  safety  of 
motor vehicles,  their  trailers and systems, components and separate technical units intended 
therefor3, and in particular point (m) of Article 5(2) thereof, 

Having regard to the proposal from the European Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

Vehicles powered by electric power train (hybrid electric vehicles and pure electric vehicles) 
show significant potential to reduce emissions from the vehicle and thus, are considered as 
an attractive option on the pathway towards sustainable mobility. 

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OJ L 346, 17.12.1997, p. 78. 
OJ L 263, 9.10.2007, p. 1. 
OJ L 200, 31.7.2009, p.1. 
OJ C , , p. . 
OJ C , , p. . 

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(2) 

(3) 

(4) 

(5) 

(6) 

Electric power trains operate at high voltage levels. In order to ensure a high level of 
public  safety,  it  is  necessary  to  establish  type-approval  requirements  regarding  the 
safety of electric power trains of vehicles. 

The  standardised  requirements  of  Regulation  No  100  of  the  United  Nations  Economic 
Commission  for  Europe  concerning  the  approval  of  vehicles  with  regard  to  specific 
requirements for the electric power train are intended to remove technical barriers to the 
trade in motor vehicles between the contracting parties of the 1958 Agreement and ensure a 
high level of safety. 

By Council Decision 97/836/EC, the EU has acceded to UNECE Regulation No 100. 

Directive  2007/46/EC  provides  for  the  possibility  to  apply  UNECE  Regulations  for  the 
purpose of EC vehicle type-approval on a compulsory basis. 

According to Regulation (EC) No 661/2009 manufacturers shall ensure that vehicles, 
systems,  components  and  separate  technical  units  comply  with  the  requirements 
relating  to  electrical  safety.  Type-approval  in  accordance  with  the  relevant  UNECE 
Regulations,  which  have  been  made  mandatory,  shall  be  considered  as  EC  type-
approval in accordance with that Regulation and its implementing measures.  

(7) 

UNECE Regulation No 100 must be incorporated into the approval system for motor 
vehicles and thus be added to the legislation in force within the EU. 

HAS ADOPTED THIS DECISION:  

Article 1 

1. 

2. 

3. 

4. 

Regulation  No  100  series  of  amendments  01  of  the  United  Nations  Economic 
Commission for Europe shall be applied on a compulsory basis for the purpose of EC 
whole  vehicle  type-approval  in  accordance  with  Articles  6  and  9  of  Directive 
2007/46/EC and EC type-approval of a vehicle with regard to electric safety as of 1 
January 2013. 

Regulation  No  100  series  of  amendments  01  of  the  United  Nations  Economic 
Commission  for  Europe  shall  be  applied  on  a  compulsory  basis  for  the  purpose  of 
registration, sale and entry into service of new vehicles as of 1 January 2014. 

Without  prejudice  to  the  provisions  of  paragraph  1,  Regulation  No  100,  series  of 
amendments  00  of  the  United  Nations  Economic  Commission  for  Europe  shall  be 
applied on a compulsory basis for the purpose of EC whole vehicle type-approval in 
accordance with Articles 6 and 9 of Directive 2007/46/EC and EC type-approval of a 
vehicle with regard to electric safety as of 1 January 2011. 

Regulation  No  100  series  of  amendments  00  of  the  United  Nations  Economic 
Commission  for  Europe  shall  be  applied  on  a  compulsory  basis  for  the  purpose  of 
registration, sale and entry into service of new vehicles as of 1 January 2012. 

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This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Article 2 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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