Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Administrative Committee of the United Nations Economic Commission for Europe concerning the draft Regulation on enhanced Child Restraint Systems
Date: 2012-10-22
Institutions: European Commission
Subjects: child protection, harmonisation of standards, motor vehicle, safety device, safety standard, technical standard

EUROPEAN 
COMMISSION 

Brussels, 22.10.2012  
COM(2012) 607 final 

2012/0291 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the Administrative Committee 
of the United Nations Economic Commission for Europe concerning the draft 
Regulation on enhanced Child Restraint Systems 

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EXPLANATORY MEMORANDUM 

1. 

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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  and  systems  used  for  such  motor  vehicles  between  the  Contracting  Parties  to  the 
Revised 1958 Agreement and to ensure that such vehicles and systems offer a high level of 
safety and environmental protection. 

The  UNECE  recently  finalised  a  draft  Regulation  on  uniform  provisions  concerning  the 
approval  of  Enhanced  Child  Restraint  Systems  used  on  board  of  motor  vehicles1.  The 
objective of this draft regulation is to establish a high level of safety for children transported 
in motor vehicles while seated in such systems. 

At EU level, Council Directive 91/671/EEC relating to the compulsory use of safety belts and 
child-restraint  systems  in  vehicles2  in  its  Article  2  mandates  the  use  of  appropriate  child 
restraint systems in motor vehicles. 

The  present  proposal  aims  at  defining  the  Union  position  with  regard  to  the  draft  UNECE 
regulations on Enhanced Child Restraint Systems and consequently to provide for the Union, 
represented by the Commission, to vote in favour of this draft. 

At  a  later  stage,  measures  shall  be  taken  to  enable  for  the  draft  UNECE  regulation  on 
Enhanced  Child  Restraint  Systems  to  be  applied  within  the  European  Union  for  the  type-
approval of such systems as well as the use of the systems by EU citizens. 

• 

General context 

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  lays  down  basic 
requirements  for  the  type-approval  of  Child  Restraint  Systems  through  direct  reference  to 
UNECE  Regulation  No  44  –  uniform  provisions  concerning  the  approval  of  restraining 
devices  for  child  occupants  of  power-  driven  vehicles  (‘Child  Restraint  Systems’)4.  It  was 
necessary to incorporate the direct reference to the specific requirements for type-approval of 
Child Restraint Systems under UNECE and thus also at the EU level. 

Hence  it  is  now  envisaged  for  the  Union  to  vote  in  favour  of  the  related  draft  UNECE 
Regulation  on  Enhanced  Child  Restraint  Systems  in  order  to  have  common  harmonised 
requirements  at  international  level  which  will  facilitate  international  trade.  This  will  enable 
European  companies  to  follow  one  set  of  requirements  recognised  worldwide,  i.e.  in  the 

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4 

UNECE Document ECE TRANS/WP.29/2012/53. 
OJ L 373, 31.12.1991, p. 26. 
OJ L 200, 31.7.2009, p. 1. 
OJ L 233, 9.9.2011, p. 95. 

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countries Contracting Parties to the Revised 1958 UNECE Agreement, related to the measures 
for the new generation of Child Restraint Systems . 

• 

Existing provisions in the area of the proposal 

Council  Directive  77/541/EEC  on  the  approximation  of  the  laws  of  the  Member  States 
relating  to  safety  belts  and  restraint  systems  of  motor  vehicles5  with  regard  to  the 
requirements for Child Restraint Systems as laid down in its Annex XVII.  

Council  Directive  91/671/EEC  relating  to  the  compulsory  use  of  safety  belts  and  child-
restraint  systems  in  vehicles,  including  provisions  for  the  use  of  Child  Restraint  Systems  in 
motor vehicles. 

Regulation  (EC)  No  661/2009  on  General  Safety  with  regard  to  the  direct  reference  to 
UNECE regulation No 44 – uniform provisions concerning the approval of restraining devices 
for child occupants of power- driven vehicles (‘Child Restraint Systems’). 

• 

Consistency with the other policies and objectives of the Union 

The proposal is in line with the objectives of Directive 91/671/EEC on safety belt and child 
restraint use and is therefore consistent with the EU objective to provide for a high level of 
road safety for children transported in motor vehicles. 

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  has 
been  general  consultation  through  the  UNECE  informal  working  group  on  Child  Restraint 
Systems  under  the  Working  Party  on  Passive  Safety  (GRSP)  as  well  as  dissemination  of 
information and subsequent discussions in the Technical Committee – Motor Vehicles during 
the ongoing development of the draft. 

• 

Impact assessment 

The  European  Commission  had  an  impact  assessment  carried  out  for  Regulation  (EC)  No 
661/2009  which  encompasses  Child  Restraint  Systems.  The  provisions  for  Enhanced  Child 
Restraint  Systems  are  complementary.  Further  relevant  analysis  has  been  made  available 
through  the  projects  CASPER  (Child  Advanced  Safety  Project  for  European  Roads)  and 
EPOCh (Enable Protection for Older Children) of the Seventh Framework Programme which 
has been taken onboard by the informal working group on Child Restraint Systems under the 
Working Party on Passive Safety (GRSP) of UNECE. 

3. 

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LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

OJ L 220, 29.08.1977, p. 95. 

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The proposal will enable the Union, represented by the Commission, to vote in favour of the 
draft UNECE Regulations on Enhanced Child Restraint Systems. 

• 

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 
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 

Requirements  for  Child  Restraint  Systems  are  already  harmonised  at  EU  level.  The  new 
provisions are complementary for the new generation of Child Restraint Systems. The vote in 
favour of international instruments like draft UNECE regulations and their incorporation into 
the Union system for the type-approval of systems used in motor vehicles can only be done by 
the Union. This does not only prevent fragmentation of the Internal Market, but also ensures 
an  equal  level  of  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 or 
other territories under UNECE. 

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. 

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2012/0291 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the Administrative Committee of 
the United Nations Economic Commission for Europe concerning the draft Regulation on 
enhanced Child Restraint Systems 

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) 

(3) 

By  Council  Decision  97/836/EC6,  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  standardised  requirements  of  the  draft  UNECE  Regulation  on  uniform  provisions 
concerning  the  approval  of  enhanced  Child  Restraint  Systems  used  on  board  of  motor 
vehicles7 are intended to remove technical barriers to the trade in motor vehicle-related child 
restraint  systems  between  the  Contracting  Parties  to  the  Revised  1958  Agreement  and  to 
ensure that such systems offer a high level of safety and protection. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Administrative Committee of the Revised 1958 Agreement concerning the adoption of that 
draft UNECE Regulation, 

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7 

OJ L 346, 17.12.1997, p. 78. 
UNECE Document ECE TRANS/WP.29/2012/53. 

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HAS ADOPTED THIS DECISION:  

Article 1  

The  position  to  be  taken  by  the  European  Union,  represented  by  the  Commission,  within  the 
Administrative  Committee  of  the  Revised  1958  Agreement  shall  be  to  vote  in  favour  of  the  draft 
UNECE  Regulation  on  uniform  provisions  concerning  the  approval  of  enhanced  Child  Restraint 
Systems used on board of motor vehicles, as contained in document ECE TRANS/ WP.29/2012/53. 

This Decision shall enter into force on the day of its notification. 

Article 2 

Article 3 

This Decision is addressed to the European Commission. 

Done at Brussels,  

For the Council 
The President 

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