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 3, 4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to technical progress of Global Technical Regulations Nos 4 and 5 of the United Nations Economic Commission for Europe
Date: 2012-10-23
Institutions: European Commission
Subjects: driving mechanism, harmonisation of standards, marketing standard, motor vehicle, safety device, safety standard, signalling device, technical standard

EUROPEAN 
COMMISSION 

Brussels, 23.10.2012  
COM(2012) 613 final 

2012/0294 (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 3, 4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 
45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 
112, 113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to technical 
progress of Global Technical Regulations Nos 4 and 5 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  prescriptions  (“Revised  1958 
Agreement”)1  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 takes place, provided 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  November  2012  WP29  meeting  that 
takes place on 13 to 16 November 2012. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  Technical  Committee  Motor  Vehicles  was  consulted  on  08  October  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 3, 4, 6, 7, 10, 12, 14, 19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 
67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 
121, 123 and 125, a corrigendum to Amendment 1 to Global Technical Regulation No. 4 and 
Amendment 1 to global technical regulation No. 5 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  Union.  It 
also  offers  advantages  of  economies  of  scale:  products  can  be  made  for  the  whole  Union 
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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2012/0294 (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 3, 4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 
45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 
112, 113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to technical 
progress of Global Technical Regulations Nos 4 and 5 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) 

By  Council  Decision  97/836/EC3  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” ); 

By Decision 2000/125/EC4 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); 

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 
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  Union  legislation.  Since  the  adoption  of 

framework  containing 

3 
4 
5 

OJ L 346, 17.12.1997, p. 78. 
OJ L 35, 10.2.2000, 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 3, 4, 6, 7, 10, 12, 14, 
19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 
95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121, 123 and 125 and 
Global Technical Regulation Nos 4 and 5 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  Parallel  Agreement  concerning  the  amendments  to  be  made  to  the 
aforementioned UNECE acts. 

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 Parallel Agreement on 13 to 16 
of November 2012 shall be to vote in favour of the proposed amendments listed in the Annex. 

This Decision shall enter into force on the date 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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List referred to in Article 1: 

ANNEX  

Proposal  for  Supplement  13  to  the  02  series  of  amendments 
to Regulation No. 3 (Retro-reflecting devices) 

ECE/TRANS/WP.29/2012/62 

Proposal 
(Illumination of rear registration plates) 

for  Supplement  16 

to  Regulation  No.  4 

ECE/TRANS/WP.29/2012/63 

Proposal  for  Supplement  23  to  the  01  series  of  amendments 
to Regulation No. 6 (Direction indicators) 

ECE/TRANS/WP.29/2012/64 

Proposal for Corrigendum 1 to Revision 5 of Regulation No. 
6 (Direction indicators) 

ECE/TRANS/WP.29/2012/110 

Proposal  for  Supplement  21  to  the  02  series  of  amendments 
to Regulation No. 7 (Position, stop and end-outline lamps) 

ECE/TRANS/WP.29/2012/65 

Proposal for Supplement 2 to the 04 series of amendments to 
Regulation No. 10 (Electromagnetic compatibility) 

ECE/TRANS/WP.29/2012/66 

Proposal for Supplement 2 to the 04 series of amendments to 
Regulation No. 12 (Steering mechanism) 

ECE/TRANS/WP.29/2012/96 

Proposal for Supplement 4 to the 07 series of amendments to 
Regulation No. 14 (Safety-belt anchorages) 

ECE/TRANS/WP.29/2012/42 
ECE/TRANS/WP.29/2012/97 

Proposal for Supplement 3 to the 06 series of amendments to 
Regulation No. 16 (Safety-belts) 

ECE/TRANS/WP.29/2012/43 

Proposal for Supplement 4 to the 04 series of amendments to 
Regulation No. 19 (Front fog lamps) 

ECE/TRANS/WP.29/2012/67 

Proposal for Supplement 19 to Regulation No. 23 (Reversing 
lamps) 

ECE/TRANS/WP.29/2012/68 

Proposal for Supplement 2 to the 03 series of amendments to 
Regulation No. 26 (External projections of passenger cars) 

ECE/TRANS/WP.29/2012/86 

Proposal for Supplement 8 to the 02 series of amendments to 
Regulation No. 31 (Headlamps (halogen sealed beam (HSB)) 

ECE/TRANS/WP.29/2012/69 

Proposal  for  Supplement  40  to  the  03  series  of  amendments 
to Regulation No. 37 (Filament lamps) 

ECE/TRANS/WP.29/2012/70 

Proposal  for  Supplement  16 to  Regulation No.  38 (Rear fog 
lamps) 

ECE/TRANS/WP.29/2012/71 

Proposal for Supplement 6 to the 04 series of amendments to 
Regulation No. 44 (Child restraint systems) 

ECE/TRANS/WP.29/2012/98 

Proposal for Supplement 7 to the 01 series of amendments to 
Regulation No. 45 (Headlamp cleaners) 

ECE/TRANS/WP.29/2012/72 

Proposal for the 04 series of amendments to Regulation No. 
46 (Devices for indirect vision) 

ECE/TRANS/WP.29/2012/87 
WP.29-158-08 

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Proposal  for  Supplement  10  to  the  04  series  of  amendments 
to  Regulation  No.  48  (Installation  of  lighting  and  light-
signalling devices) 

ECE/TRANS/WP.29/2012/73 
ECE/TRANS/WP.29/2012/73-Corr.1 

Proposal for Supplement 3 to the 05 series of amendments to 
Regulation  No.  48  (Installation  of  lighting  and  light-
signalling devices) 

Proposal for Corrigendum 1 to Supplement 7 to the 04 series 
of amendments to Regulation No. 48 (Installation of lighting 
and light-signalling devices) 

ECE/TRANS/WP.29/2012/74 

ECE/TRANS/WP.29/2012/111 

Proposal for Supplement 1 to the 06 series of amendments to 
Regulation No. 49 (emissions of C.I. and P.I. (NG and LPG) 
engines) 

ECE/TRANS/WP.29/2012/103 
ECE/TRANS/WP.29/2012/103/Corr.1 

Proposal  for  Supplement  16  to  Regulation  No.  50  (Position, 
stop, direction indicator lamps for mopeds and motorcycles) 

ECE/TRANS/WP.29/2012/75 

Proposal  for  Supplement  14  to  the  01  series  of  amendments 
to  Regulation  No.  53  (Installation  of  lighting  and  light-
signalling devices for L3 vehicles) 

ECE/TRANS/WP.29/2012/76 

Proposal for Supplement 3 to the 02 series of amendments to 
Regulation No. 58 (Rear underrun protection), 

ECE/TRANS/WP.29/2012/88 

Proposal  for  Supplement  2  to  Regulation  No.  61  (External 
projections of cab's rear panel) 

ECE/TRANS/WP.29/2012/89 

Proposal  for  Supplement  11  to  the  01  series  of  amendments 
to Regulation No. 67 (LPG vehicles) 

ECE/TRANS/WP.29/2012/90 

Proposal  for  Supplement  15  to  Regulation  No.  77  (Parking 
lamps) 

ECE/TRANS/WP.29/2012/77 

Proposal for Supplement 3 to the 06 series of amendments to 
Regulation No. 83 (emissions of M1 and N1 vehicles) 

ECE/TRANS/WP.29/2012/104 
ECE/TRANS/WP.29/2012/105 

Proposal for Corrigendum 2  to the 06 series of amendments 
to Regulation No. 83 (emissions of M1 and N1 vehicles) 

ECE/TRANS/WP.29/2012/127 

Proposal 
for  Supplement  6 
(measurement of the net power) 

to  Regulation  No.  85 

ECE/TRANS/WP.29/2012/106 

Proposal  for  Supplement  16  to  Regulation  No.  87  (Daytime 
running lamps) 

ECE/TRANS/WP.29/2012/78 

Proposal for Corrigendum 1 to Revision 3 of regulation No. 
90 (Replacement braking parts) Alignment of the English and 
French version of the Russian text 

ECE/TRANS/WP.29/2012/117 

Proposal  for  Supplement  14  to  Regulation  No.  91  (Side 
marker lamps) 

ECE/TRANS/WP.29/2012/79 

Proposal for Supplement 3 to the 02 series of amendments to 
Regulation No. 94 (Frontal collision) 

ECE/TRANS/WP.29/2012/99 

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Proposal for Corrigendum 1 to Supplement 4 to the 01 series 
of  amendments  to  Regulation  No.  94  (Frontal  collision 
protection) 

ECE/TRANS/WP.29/2012/126 

Proposal for Supplement 2 to the 03 series of amendments to 
Regulation No. 95 (Lateral collision) 

ECE/TRANS/WP.29/2012/100 

Proposal for Supplement 1 to the 03 series of amendments to 
Regulation No. 96 (diesel emissions (agricultural tractors)) 

ECE/TRANS/WP.29/2012/107 

Proposal for Supplement 7 to the 01 series of amendments to 
Regulation No. 97 (Vehicle alarm systems) 

ECE/TRANS/WP.29/2012/91 

Proposal for Supplement 4 to the 01 series of amendments to 
Regulation  No.  98  (Headlamps  with  gas-discharge  light 
sources) 

ECE/TRANS/WP.29/2012/80 

Proposal for Corrigendum 1 to Revision 3 of Regulation No. 
98 (Headlamps with gas-discharge light sources) 

ECE/TRANS/WP.29/2012/61 

Proposal  for  Supplement  8  to  Regulation  No.  99  (Gas-
discharge light sources) 

ECE/TRANS/WP.29/2012/81 

Proposal for Supplement 2 to the 01 series of amendments to 
Regulation No. 100 (Battery electric vehicle safety) 

ECE/TRANS/WP.29/2012/101 

Proposal for the 02 series of amendments to Regulation No. 
100 (Battery electric vehicle safety) 

ECE/TRANS/WP.29/2012/102 
WP.29-158-06 

Proposal for Supplement 2 to the 01 series of amendments to 
Regulation No. 101 (CO2 emissions/fuel consumption) 

ECE/TRANS/WP.29/2012/108 

Proposal for the 01 series of amendments to Regulation No. 
110 (CNG equipment), 

ECE/TRANS/WP.29/2012/92 

Proposal for Supplement 4 to the 01 series of amendments to 
Regulation  No.  112  (Headlamps  emitting  an  asymmetrical 
passing beam) 

Proposal for Supplement 2 to the 01 series of amendments to 
Regulation  No.  113  (Headlamps  emitting  a  symmetrical 
passing beam) 

ECE/TRANS/WP.29/2012/82 

ECE/TRANS/WP.29/2012/83 

Proposal for Supplement 5 to Regulation No. 115 (LPG and 
CNG retrofit systems) 

ECE/TRANS/WP.29/2012/109 

Proposal for Supplement 4 to Regulation No. 116 (Anti-theft 
and alarm systems) 

ECE/TRANS/WP.29/2012/93 

Proposal for Supplement 2 to the 02 series of amendments to 
Regulation No. 117 (Tyres - Rolling resistance, rolling noise 
and wet grip) 

ECE/TRANS/WP.29/2012/54 
ECE/TRANS/WP.29/2012/55 
WP.29-158-09 

Proposal for Supplement 2 to the 01 series of amendments to 
Regulation No. 119 (Cornering lamps) 

ECE/TRANS/WP.29/2012/84 

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

ECE/TRANS/WP.29/2012/30 

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Proposal 
(Identification of controls, tell-tales and indicators) 

for  Supplement  8 

to  Regulation  No.  121 

ECE/TRANS/WP.29/2012/94 

Proposal for Supplement 4 to the 01 series of amendments to 
Regulation No. 123 (Adaptive front lighting systems (AFS)) 

ECE/TRANS/WP.29/2012/85 

Proposal for the 01 series of amendments to Regulation No. 
125 (Forward field of vision of drivers) 

ECE/TRANS/WP.29/2012/95 

Proposal  for  Amendment  3  to  Special  Resolution  No.  1 
(S.R.1) 

ECE/TRANS/WP.29/2012/115 

Proposal  for  Amendment  to  R.E.3  (Consolidated  Resolution 
on the Construction of Vehicles) 

ECE/TRANS/WP.29/2012/114 

Proposal  for  Corrigendum  2  to  Amendment  1  to  global 
technical  regulation  No.  4  (Worldwide  harmonized  Heavy-
Duty Certification procedure (WHDC)) 

ECE/TRANS/WP.29/2012/112 

Proposal for Amendment 1 to global technical regulation No. 
(World-wide  harmonized  Heavy  Duty  On-Board 
5 
Diagnostic systems) (OBD) 

ECE/TRANS/WP.29/2012/AC.3/30 
ECE/TRANS/WP.29/2012/113 
ECE/TRANS/WP.29/2012/118 

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