Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the relevant Committees of the United Nations Economic Commission for Europe regarding the adaptation to technical progress of Regulations Nos 11, 13H, 30, 44, 49, 54, 64, 101, 106 and 121 and regarding the adaptation to technical progress of Global Technical Regulation No 1 concerning door locks and retention components of the United Nations Economic Commission for Europe
Date: 2012-06-04
Institutions: European Commission
Subjects: Community certification, degree of pollution, safety standard, technical standard, technological change, vehicle parts

EUROPEAN COMMISSION 

Brussels, 4.6.2012  
COM(2012) 263 final 

2012/0141 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the relevant Committees of 
the United Nations Economic Commission for Europe regarding the adaptation to 
technical progress of Regulations Nos 11, 13H, 30, 44, 49, 54, 64, 101, 106 and 121 and 
regarding the adaptation to technical progress of Global Technical Regulation No 1 
concerning door locks and retention components of the United Nations Economic 
Commission for Europe 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 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. 

By Council Decision 97/836/EC of 27 November 1997 the Union acceded to the Agreement 
of  the  United  Nations  Economic  Commission  for  Europe  (“UNECE”)  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  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; 

The meetings of UNECE WP29, the World Forum for Harmonisation of Vehicle Regulations, 
are  held  three  times  per  year  in  March,  June  and  November  of  each  calendar  year.  In  each 
meeting  session  new  amendments  to  existing  UNECE  Regulations  or  Global  Technical 
Regulations are adopted in order to allow for technical progress. Prior to each WP29 meeting 
these amendments were adopted by one of the six working groups (GRs) that are active under 
WP29. 

Subsequently in a WP29 meeting the final vote for adoption of the amendments, supplements 
and  corrigenda  are  made,  providing  the  quorum  is  reached  and  there  is  a  qualified  majority 
among  contracting  parties.  The  EU  is  contracting  party  to  2  Agreements  (1958  and  1998 
Agreements)  under  WP29  and  votes  on  behalf  of  the  Member  States.  A  Council  Decision, 
referred  to  as  "mega  decision"  containing  the  list  of  amendments,  supplements  and 
corrigenda, is prepared each time and permits the Commission to vote on behalf of Member 
States in each WP29 meeting. 

This  Council  Decision  defines  the  Union's  position  in  the  voting  of  the  amendments, 
supplements  and  corrigenda  submitted  for  vote  in  the  June  2012  WP29  meeting  that  takes 
place on 25 - 29 June 2012. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Technical Committee Motor Vehicles was consulted on 16 May 2012 and the comments 
from Member State experts were taken into account. 

1 
2 

OJ L 346, 17.12.1997, p. 78. 
OJ L 35, 10.2.2000, p.12. 

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3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The  proposal  defines  the  Union's  position  in  the  voting  of  the  amendments  to  UNECE 
Regulations  Nos  11,  13H,  30,  44,  49,  54,  64,  101,  106  and  121  and  Global  Technical 
Regulation No 1 of the UNECE. 

• 

Legal basis 

In order to adapt for the specificities of the Treaty on the Functioning of the European Union, 
the previously used legal bases referred to in recitals 1 and 2 have been replaced by a direct 
reference  to  Article  218(9),  with  the  need  for  a  modified  preparation  process  for  the  WP29 
meetings and resulting in a changed legal format, which is a Council Decision, rather than a 
Commission Decision used during the preparation process in the last 14 years; 

• 

Subsidiarity principle 

The  vote  in  favour  of  international  instruments  like  draft  UNECE  Regulations  and  Global 
Technical 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(9) TFEU. 

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2012/0141 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the relevant Committees of 
the United Nations Economic Commission for Europe regarding the adaptation to 
technical progress of Regulations Nos 11, 13H, 30, 44, 49, 54, 64, 101, 106 and 121 and 
regarding the adaptation to technical progress of Global Technical Regulation No 1 
concerning door locks and retention components of the United Nations Economic 
Commission for Europe 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 and Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

In  accordance  with  Council  Decision  97/836/EC  of  27  November  1997  the  Union 
acceded  to  the  Agreement  of  the  United  Nations  Economic  Commission  for  Europe 
(“UNECE”)  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); 

In  accordance  with  Council  Decision  2000/125/EC  of  31  January  2000  the  Union 
acceded to 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)4 ; 

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

framework  containing 

3 
4 
5 

OJ L 346, 17.12.1997, p.78. 
OJ L 35, 10.02.2000, p.12. 
OJ L 263, 24.02.2011, p.1. 

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Directive  2007/46/EC,  UNECE  Regulations  have  increasingly  replaced  Union 
legislation in the framework of EU vehicle type-approval. 

(4) 

(5) 

In  the  light  of  experience  and  technical  developments,  the  requirements  relating  to 
certain elements or features covered by UNECE Regulations Nos 11, 13H, 30, 44, 49, 
54, 64, 101, 106 and 121 and Global Technical Regulation No 1 of the UNECE need 
to be adapted. 

It  is  appropriate  to  establish  the  position  to  be  adopted  on  the  Union's  behalf  in  the 
Administrative  Committee  of  the  Revised  1958  Agreement  and  in  the  Executive 
Committee  of  the  1998  Agreement  concerning  the  amendments  to  be  made  to  the 
aforementioned UNECE acts. 

(6) 

The  measures  laid  down  in  this  Decision  are  in  accordance  with  the  view  of  the 
Technical Committee - Motor Vehicles. 

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union within the Administrative Committee of the 
Revised 1958 Agreement and the Executive Committee of the 1998 Agreement on 25 to 29 of 
June 2012 shall be to vote in favour of the proposed amendments contained in the documents 
listed in the Annex. 

Article 2 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels,  

For the Council 
The President 

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The Union’s vote relates to the following documents: 

ANNEX  

Proposal for Supplement 3 to the 03 series of amendments to 
Regulation No. 11 (Door latches and hinges) 

ECE/TRANS/WP.29/2012/41 

Proposal for Supplement 14 to Regulation No. 13-H (Brakes 
of M1 and N1 vehicles) 

ECE/TRANS/WP.29/2012/47 

Proposal  for  Supplement  17  to  the  02  series  of  amendments 
to  Regulation  No.  30  (Tyres  for  passenger  cars  and  their 
trailers) 

ECE/TRANS/WP.29/2012/48 

Proposal for Supplement 5 to the 04 series of amendments to 
Regulation No. 44 (Child restraint systems), 

ECE/TRANS/WP.29/2012/44 

Proposal for the 06 series of amendments to UN Regulation 
No. 49 (Emissions of C.I. and P.I. (LPG and CNG) engines) 

ECE/TRANS/WP.29/2012/45 

Proposal for Supplement 18 to Regulation No. 54 (Tyres for 
commercial vehicles and their trailers) 

ECE/TRANS/WP.29/2012/49 

Proposal for Corrigendum 3 to Revision 2 to Regulation No. 
54 (Tyres for commercial vehicles and their trailers) 

ECE/TRANS/WP.29/2012/52 

Proposal for Supplement 2 to the 02 series of amendments to 
Regulation No. 64 (Temporary use spare unit, run flat tyres, 
run flat-system and tyre pressure monitoring system) 

ECE/TRANS/WP.29/2012/50 

Proposal for Supplement 1 to the 01 series of amendments to 
Regulation No. 101 (CO2 emission/fuel consumption) 

ECE/TRANS/WP.29/2012/46 

Proposal for Supplement 9 to Regulation No. 106 (Tyres for 
agricultural vehicles) 

ECE/TRANS/WP.29/2012/51 

Proposal for the 01 series of amendments to Regulation No. 
121 (Identification of controls, tell-tales and indicators), 

ECE/TRANS/WP.29/2012/30 

Proposal for Amendment 1 to Global Technical Regulation 
No. 1 (Door locks and door retention components) 

ECE/TRANS/WP.29/2012/56 
ECE/TRANS/WP.29/2012/57 
ECE/TRANS/WP.29/2012/AC.3/18 

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