Proposal for a COUNCIL DECISION amending Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (&quot;Parallel Agreement&quot;)
Date: 2012-05-04
Institutions: European Commission
Subjects: Community certification, agreement (EU), technical standard, two-wheeled vehicle, vehicle parts

EUROPEAN COMMISSION 

Brussels, 4.5.2012  
COM(2012) 201 final 

2012/0098 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion 
of the Agreement concerning the establishing of global technical regulations for wheeled 
vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles 
("Parallel Agreement") 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

At  international  level,  the  United  Nations  Economic  Commission  for  Europe  (UNECE) 
develops harmonised requirements, intended to remove technical barriers to the trade in motor 
vehicles  between  the Contracting Parties to the Revised 1958 Agreement and to ensure that 
such vehicles offer a high level of safety and environmental protection. 

The objective of this proposal is to simplify and expedite the procedure regarding the voting 
of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay 
in  the  adoption  of  these  acts  in  the  framework  of  the  UNECE.  This  is  important  as  the  EU 
vehicle type-approval system currently relies more and more on UNECE Regulations, which 
are  replacing  EU  legislation  (see  Regulation  (EC)  No  661/2009  on  General  Safety1).  In 
addition, quicker adoption of legislation will allow for faster responses to regulatory requests 
from the operators.  

Furthermore,  the  changes  to  the  Treaties  occurred  after  the  adoption  of  Council  Decision 
97/836/EC, in particular the adoption of the Treaty on the Functioning of the European Union, 
have substantially altered the decision making procedure to be followed for the establishment 
of the position of the Union when voting Regulations to be adopted by the UNECE and the 
conclusion  of  agreements  between  the  Union  and  international  organisations,  making  it 
necessary to adapt those Decisions to the new procedures. 

The  present  proposal  therefore  aims  at  adapting  Council  Decision  2000/125/EC  to  the 
decision  making  procedures  regarding  international  agreements  set  out  in  the  Treaty  on  the 
Functioning of the European Union (TFEU). 

• 

General context 

By  Council  Decision  2000/125/EC  of  31  January  2000  concerning  the  conclusion  of  the 
Agreement  concerning  the  establishing  of  global technical regulations for wheeled vehicles, 
equipment  and  parts  which  can  be  fitted  and/or  be  used  on  wheeled  vehicles  ("Parallel 
Agreement")2  the  Union  has  acceded  to  the  Parallel  Agreement,  in  the  framework  of  the 
United Nations Economic Commission for Europe (UNECE). 

That  Decision  should  be  amended  to  reflect  the  changes  introduced  by  the  TFEU  to  the 
decision making procedure to be followed for the establishment of the position of the Union 
when  voting  Regulations  to  be  adopted  by  the  UNECE  and  the  conclusion  of  agreements 
between the Union and international organisations. 

• 

Existing provisions in the area of the proposal 

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2 

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 therefor ( OJ L 200, 31.7.2009 ) 
OJ L 35, 10.2.2000, p.12. 

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By  Council  Decision  2000/125/EC  of  31  January  2000  concerning  the  conclusion  of  the 
Agreement  concerning  the  establishing  of  global technical regulations for wheeled vehicles, 
equipment  and  parts  which  can  be  fitted  and/or  be  used  on  wheeled  vehicles  ("Parallel 
Agreement")3 the Union has acceded to the Parallel Agreement. 

• 

Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  objectives  of  the  common  trade  policy  in  accordance  with 
Article  217  TFEU.  The  participation  of  the  Union  at  the  work  of  the  UNECE  helps 
developing  and  strengthening  the  international  harmonisation  of  vehicle-related  technical 
regulations,  contributing  to  facilitate  international  trade  in  motor  vehicles.  The  1958 
Agreement plays a key role in this objective since manufacturers can operate a common set of 
type-approval standards knowing that their products will be recognised by many countries on 
different  continents  as  being  in  conformity  with  their  national  legislation.  International 
regulatory harmonisation is thus one of the most effective means to prevent obstacles to trade. 

2. 

• 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

In  developing  the  proposal  the  European  Commission  has  consulted  stakeholders,  in  the 
framework of the Technical Committee – Motor Vehicles. 

• 

Impact assessment 

No Impact Assessment was conducted for this proposal. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposal amends Council Decision 2000/125/EC to reflect the changes introduced by the 
TFEU to the decision making procedure to be followed for the establishment of the position 
of  the  Union  when  voting  Regulations  to  be  adopted  by  the  UNECE  and  the  conclusion  of 
agreements between the Union and international organisations. 

• 

Legal basis 

Considering  the  legal  basis  for  the  Council  act  being  amended  was  Articles  95  and  133  in 
conjunction  with  Article  300(2),  first  sentence,  Article  300(3),  second  subparagraph,  of  the 
Treaty establishing the European Community, the legal basis of the proposal is Article 207(3) 
in  conjunction  with  Article  218(6)(a)(v)  of  the  Treaty  on  the  Functioning  of  the  European 
Union. 

• 

Subsidiarity principle 

3 

OJ L 35, 10.2.2000, p.12. 

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The  vote  in  favour  of  international  instruments  like  draft  UNECE  Regulations  and  their 
incorporation into the Union system for the type-approval of motor vehicles can only be done 
by  the  Union.  This  does  not  only  prevent  fragmentation  of  the  Internal  Market,  but  also 
ensures  equal  health  and  safety  standards  across  the  EU.  It  also  offers  advantages  of 
economies  of  scale:  products  can  be  made  for  the  whole  European  market  and  even  the 
international  market,  instead  of  being  customised  to  obtain  national  type-approval  for  every 
single Member State. 

The proposal therefore complies with the subsidiarity principle. 

• 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  as  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 protection. 

• 

Choice of instruments 

Proposed instrument: Council Decision. 

The use of a Council Decision is considered to be appropriate as in line with the requirements 
of Article 218(6) TFEU. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

5. 

• 

OPTIONAL ELEMENTS 

European Economic Area 

The  proposed  act  does  not  concern  an  EEA  matter  and  should  therefore  not  extend  to  the 
European Economic Area. 

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2012/0098 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion 
of the Agreement concerning the establishing of global technical regulations for wheeled 
vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles 
("Parallel Agreement") 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Articles 207(3) and 218(6)(a)(v) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament4,  

Whereas: 

(1) 

(2) 

By Council Decision 2000/125/EC of  31 January 2000 concerning the conclusion of 
the Agreement concerning the establishing of global technical regulations for wheeled 
vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles 
("Parallel  Agreement")5  the  Union  has  acceded  to  the  Parallel  Agreement,  in  the 
framework of the United Nations Economic Commission for Europe (UNECE). 

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)6 replaced the Member States’ approval systems with a Union 
approval  procedure,  establishing  a  harmonised 
the 
administrative  provisions  and  general  technical  requirements  for  all  new  vehicles, 
systems,  components  and  separate  technical  units.  That  Directive  incorporated 
UNECE  Regulations  in  the  EU  vehicle  type-approval  system,  either  as  requirements 
for type-approval or as alternatives to EU legislation. Since the adoption of Directive 
2007/46/EC,  UNECE  Regulations  have  increasingly  replaced  EU  legislation  in  the 
framework of EU vehicle type-approval. 

framework  containing 

(3) 

The changes to the Treaties occurred after the adoption of Decision 97/836/EC and in 
particular the adoption of the Treaty on the Functioning of the European Union have 
substantially altered the decision-making procedure to be followed for the conclusion 

4 
5 
6 

OJ (…) (not yet published). 
OJ L 35, 10.2.2000, p.12. 
OJ L 263, 24.02.2011, p.1. 

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of Agreements between the Union and international organisations, making it necessary 
to adapt Decision 2000/125/EC to the new procedures.  

(4) 

The procedure for establishing the position to be adopted on the Union's behalf in the 
United  Nations  should  also  be  adapted  to  the  procedure  set  out  in  the  Treaty  and 
therefore  it  is  appropriate  to  follow  the  procedure  set  out  in  Article  218(9)  of  the 
Treaty on the Functioning of the European Union. 

(5) 

Therefore, Decision 2000/125/EC should be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

Decision 2000/125/EC is amended as follows: 

(1) 

Article 5 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  The  Union  shall  vote  in  favour  of  establishing  any  draft  global  technical 
regulation  or  a  draft  amendment  to  such  a  regulation  if  the  Union's  vote  in 
favour of the parallel draft technical regulation has been decided in accordance 
with the procedure set out in Article 218(9) of the Treaty."; 

(b)  Paragraph 3 is replaced by the following: 

"3.  The  position  of  the  Union  with  regard  to  the  listing  and  reaffirmation  of 
listing  in  the  compendium  of  candidate  technical  regulations  as  well  as  with 
regard  to  issue  resolution  between  Contracting  Parties  shall  be  established  in 
accordance  with  the  procedure  laid  down  in  Article  39(9)  of  Directive 
2007/46/EC."; 

(2) 

Article 6 is replaced by the following: 

"Article 6  

1. 

The  Union  shall  vote  in  favour  of  a  proposed  amendment  to  the  Parallel 
Agreement  where  the  proposed  amendment  has  been  approved  in  accordance 
with the procedure set out in Article 218(6)(a)(v) of the Treaty. 

Where  that  procedure  has  not  been  completed  in  time  before  the  vote  takes 
place  the  Commission  shall  vote  against  the  amendment  on  behalf  of  the 
Union. 

2. 

The  Decision  to  express  an  objection  to  an  amendment  to  the  Parallel 
Agreement  shall  be  taken  in  accordance  with  the  procedure  laid  down  in 
Article 39(9) of Directive 2007/46/EC.". 

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

Article 2 

Article 3 

This  Decision  shall  be  notified  by  the  Commission  to  the  Secretary-General  of  the  United 
Nations. 

Done at Brussels,  

For the Council 
The President 

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