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 draft Regulations on Lane Departure Warning Systems and on Advanced Emergency Braking Systems
Date: 2012-06-06
Institutions: European Commission
Subjects: Community certification, UN specialised agency, safety device, safety standard, technical standard

EUROPEAN COMMISSION 

Brussels, 6.6.2012  
COM(2012) 178 final 

2012/0089 (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 draft Regulations 
on Lane Departure Warning Systems and on Advanced Emergency Braking Systems 

(Text with EEA relevance) 

EN 

   EN 

 
 
 
  
 
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  UNECE  recently  finalised  a  draft  Regulation  on  uniform  provisions  concerning  the 
approval of motor vehicles with regard to Lane Departure Warning Systems1 (LDWS) and a 
draft Regulation on uniform provisions concerning the approval of motor vehicles with regard 
to Advanced Emergency Braking Systems2 (AEBS). The objective of these draft Regulations 
is  to  establish  a  high  level  of  safety  for  motor  vehicles  fitted  with  LDWS  and  AEBS  and 
uniform test procedures for the type-approval of such vehicles . 

At  EU  level,  Regulation  (EC)  No  661/2009  on  the  general  safety  of  motor  vehicles3  in  its 
Article  10  and  its  implementing  measures  mandate  the  installation  of  LDWS  and  AEBS  on 
certain motor vehicles of categories M2, N2, M3 and N3. 

The  present  proposal  aims  at  defining  the  Union  position  with  regard  to  those  two  draft 
UNECE  Regulations  on  LDWS  and  AEBS  and  consequently  to  provide  for  the  Union, 
represented by the Commission, to vote in favour of these drafts. Hence, it will enable for the 
draft UNECE Regulations on LDWS and AEBS to be incorporated into the Union system for 
the type-approval of motor vehicles. 

• 

General context 

Regulation  (EC)  No  661/2009  laid  down  basic  requirements  for  the  type-approval  of  motor 
vehicles of categories M2, M3, N2 and N3 with regard to the installation of LDWS. It also laid 
down basic requirements for the type-approval of motor vehicles of categories M2, M3, N2 and 
N3 with regard to the installation of AEBS. It was necessary to set out the specific procedures, 
tests and requirements for such type-approval at EU level. Thus, the Commission adopted in 
2012 two Commission Regulations implementing Regulation (EC) No 661/2009 respectively 
on  LDWS  and  AEBS4  whose  technical  provisions  are  largely  based  on  the  corresponding 
draft UNECE Regulations. 

Hence  it  is  now  envisaged  for  the  Union  to  vote  in  favour  of  the  two  draft  UNECE 
Regulations  on  LDWS  and  AEBS  in  order  to  have  common  harmonised  requirements  at 
international  level  which  will  facilitate  international  trade.  This  will  enable  European 

1 

2 

3 
4 

EN 

UNECE Documents ECE/TRANS/WP.29/2011/78, ECE/TRANS/WP.29/2011/89 and  
ECE/TRANS/WP.29/2011/91. 
UNECE 
ECE/TRANS/WP.29/2011/93 and ECE TRANS/WP.29/2011/93/Amend.1. 
OJ L 200, 31.7.2009, p. 1. 
OJ L 110, 24.04.2012, p.18 and OJ L 109, 21.04.2012, p.1. 

ECE/TRANS/WP.29/2011/92, 

Documents 

ECE/TRANS/WP.29/2011/92/Amend.1, 

2 

   EN 

                                                 
companies  to  follow  one  set  of  requirements  recognised  worldwide,  i.e.  in  the  countries 
Contracting Parties to the Revised 1958 UNECE Agreement.  

• 

Existing provisions in the area of the proposal 

Regulation (EC) No 661/2009 entails requirements for the type-approval of motor vehicles of 
categories M2, M3, N2 and N3 with regard to the installation of LDWS and AEBS. Besides, the 
Commission  adopted  in  2012  two  Commission  Regulations  implementing  Regulation  (EC) 
No 661/2009 respectively on LDWS and AEBS. 

• 

Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  objectives  of  Regulation  (EC)  No  661/2009  on  the  general 
safety  of  motor  vehicles  and  is  therefore  consistent  with  the  EU  objective  to  provide  for  a 
high level of road and occupational safety. 

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. There was a 
general consultation on the envisaged approach as regards LDWS and AEBS in the framework 
of CARS 21 gathering Member States, manufacturers (European and national representatives 
and  individual  companies),  component  manufacturers,  transport  organisations  and  user 
representatives.  The  proposed  approach  on  LDWS  and  AEBS  was  also  discussed  in  the 
Technical  Committee  –  Motor  Vehicles  when  a  vote  took  place  on  the  two  Commission 
Regulations implementing Regulation (EC) No 661/2009 respectively on LDWS and AEBS. 

• 

Impact assessment 

The  European  Commission  had  an  impact  assessment  carried  out  for  Regulation  (EC)  No 
661/2009 which encompassed LDWS and AEBS. 

In  addition,  a  cost/benefit  study  was  carried  out  in  conformity  with  Article  14.3(a)  of 
Regulation No 661/2009 to consider the feasibility of exempting some vehicles or classes of 
vehicles from the AEBS and LDWS installation requirements. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposal will enable the Union, represented by the Commission, to vote in favour of these 
drafts UNECE Regulations on LDWS and AEBS . 

• 

Legal basis 

In order to adapt for the specificities of the Treaty on the Functioning of the European Union, 
the previously used legal basis referred to in recital 1 has been replaced by a direct reference 
to  Article  218(9),  with  the  need  for  a  modified  preparation  process  for  the  WP29  meetings 

EN 

3 

   EN 

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 

LDWS  and  AEBS  requirements  are  already  harmonised  at  EU  level.  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(9) TFEU. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

5. 

• 

OPTIONAL ELEMENTS 

European Economic Area 

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

EN 

4 

   EN 

2012/0089 (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 draft Regulations on Lane 
Departure Warning Systems and on Advanced Emergency Braking Systems 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

5 
6 

7 

By  Council  Decision  97/836/EC5  the  Union  has  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”); 

The  harmonised  requirements  of  the  draft  Regulation  of  the  United  Nations  Economic 
Commission for Europe (UNECE) on uniform provisions concerning the approval of motor 
vehicles with regard to Lane Departure Warning Systems6 and the draft UNECE Regulation 
on uniform provisions concerning the approval of motor vehicles with regard to Advanced 
Emergency Braking Systems7 are 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 protection. 

OJ L 346, 17.12.1997, p.78. 
UNECE Documents ECE/TRANS/WP.29/2011/78, ECE/TRANS/WP.29/2011/89 and 
ECE/TRANS/WP.29/2011/91. 
UNECE 
ECE/TRANS/WP.29/2011/93 and ECE TRANS/WP.29/2011/93/Amend.1. 

ECE/TRANS/WP.29/2011/92, 

Documents 

ECE/TRANS/WP.29/2011/92/Amend.1, 

EN 

5 

   EN 

                                                 
(3) 

(4) 

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  therefor8  mandates 
the  installation  of  Lane  Departure  Warning  Systems  and  Advanced  Emergency  Braking 
Systems on certain motor vehicles of categories M2, N2, M3 and N3. 

It  is  appropriate  to  establish  the  position  to  be  adopted  on  the  Union's  behalf  in  the 
Administrative Committee of the Revised  1958 Agreement concerning the adoption of the 
aforementioned UNECE draft Regulations . 

HAS ADOPTED THIS DECISION:  

Article 1  

The  position  to  be  taken  by  the  European  Union  within  the  Administrative  Committee  of  the 
Revised  1958  Agreement  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, shall 
be to vote in favour of the draft UNECE Regulation on uniform provisions concerning the approval 
of  motor  vehicles  with  regard  to  Lane  Departure  Warning  Systems,  as  contained  in  documents 
ECE/TRANS/WP.29/2011/78, ECE/TRANS/WP.29/2011/89 and ECE/TRANS/WP.29/2011/91. 

Article 2 

The  position  to  be  taken  by  the  European  Union  within  the  Administrative  Committee  of  the 
Revised  1958  Agreement  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, shall 
be to vote in favour of the draft UNECE Regulation on uniform provisions concerning the approval 
of motor vehicles with regard to Advanced Emergency Braking Systems, as contained in documents 
ECE/TRANS/WP.29/2011/92, 
ECE/TRANS/WP.29/2011/92/Amend.1, 
ECE/TRANS/WP.29/2011/93 and ECE/TRANS/WP.29/2011/93/Amend.1. 

8 

OJ L 200, 31.7.2009, p. 1. 

EN 

6 

   EN 

                                                 
Article 3 

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

Done at Brussels,  

For the Council 
The President 

EN 

7 

   EN