Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union within the relevant Committees of the United Nations Economic Commission for Europe regarding the adaptation to technical progress of Regulations Nos 13, 13H, 16, 29, 44, 53, 79, 94, 95, 96, 117 and 130, and regarding the adoption of a proposal for a Global Technical Regulation on hydrogen and fuel cell vehicles and the adaptation to technical progress of Global Technical Regulations Nos 2 and 12 of the United Nations Economic Commission for Europe
Date: 2013-05-27
Institutions: European Commission
Subjects: harmonisation of standards, hydrogen, marketing standard, motor vehicle, safety standard, technical standard, vehicle parts

EUROPEAN 
COMMISSION 

Brussels, 27.5.2013  
COM(2013) 302 final 

2013/0158 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union within the relevant 
Committees of the United Nations Economic Commission for Europe regarding the 
adaptation to technical progress of Regulations Nos 13, 13H, 16, 29, 44, 53, 79, 94, 95, 96, 
117 and 130, and regarding the adoption of a proposal for a Global Technical 
Regulation on hydrogen and fuel cell vehicles and the adaptation to technical progress of 
Global Technical Regulations Nos 2 and 12 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 
vehicles2 ("Parallel Agreement"), the Union 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 a contracting party to two 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  the 
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 2013 WP29 meeting that will take 
place on 24 to 28 June 2013. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Technical Committee Motor Vehicles was consulted on 8 May 2013 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 13, 13H, 16, 29, 44, 53, 79, 94, 95, 96, 117, 130, and regarding the adoption 
of a proposal for a  Global  Technical  Regulation on hydrogen and  fuel  cell  vehicles  and the 
adaptation to technical progress of Global Technical Regulations Nos 2 and 12. 

• 

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). 

• 

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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2013/0158 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union within the relevant 
Committees of the United Nations Economic Commission for Europe regarding the 
adaptation to technical progress of Regulations Nos 13, 13H, 16, 29, 44, 53, 79, 94, 95, 96, 
117 and 130, and regarding the adoption of a proposal for a Global Technical 
Regulation on hydrogen and fuel cell vehicles and the adaptation to technical progress of 
Global Technical Regulations Nos 2 and 12 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, 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/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  vehicles5 
(Framework  Directive)  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 

framework  containing 

3 
4 
5 

OJ L 346, 17.12.1997, p. 78. 
OJ L 35, 10.2.2000, p. 12. 
OJ L 263, 9.10.2007, p. 1. 

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for  type-approval  or  as  alternatives  to  Union  legislation.  Since  the  adoption  of 
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 13, 13H, 16, 29, 44, 
53, 79, 94, 95, 96, 117 and 130 and by UNECE Global Technical Regulations Nos 2 
and  12  need  to  be  adapted.  The  proposal  for  a  Global  Technical  Regulation  on 
hydrogen and fuel cell vehicles should be adopted. 

It is appropriate to establish the position to be adopted on behalf of the Union 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 those 
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 24 to 28 
of June 2013 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  10  to  the  11  series  of  amendments 
to Regulation No. 13 (Heavy vehicle braking) 

ECE/TRANS/WP.29/2013/56 

Proposal for Corrigendum 4  to the 11 series of amendments 
to  Regulation  No.  13  (Heavy  vehicle  braking),  Russian 
version only 

ECE/TRANS/WP.29/2013/61 

Proposal for Supplement 15 to Regulation No. 13-H (Brakes 
of M1 and N1 vehicles) 

ECE/TRANS/WP.29/2013/57 

Proposal for Corrigendum 3 to Revision 2 to Regulation No. 
13-H (Brakes of M1 and N1 vehicles) 

ECE/TRANS/WP.29/2013/62 

Proposal for Supplement 4 to the 06 series of amendments to 
Regulation No. 16 (Safety-belts) 

ECE/TRANS/WP.29/2013/43 

Proposal for Corrigendum 1 to Revision 7 to Regulation No. 
16 (Safety-belts) (French version only) 

ECE/TRANS/WP.29/2013/49 

Proposal for Supplement 2 to the 02 series of amendments to 
Regulation No. 29 (Cabs of commercial vehicles) 

ECE/TRANS/WP.29/2013/44 

Proposal for Supplement 1 to the 03 series of amendments to 
Regulation No. 29 (Cabs of commercial vehicles) 

ECE/TRANS/WP.29/2013/45 

Proposal for Supplement 7 to the 04 series of amendments to 
Regulation No. 44 (Child Restraint Systems) 

ECE/TRANS/WP.29/2013/46 

Proposal  for  Corrigendum  1  to  Supplement  13  to  the  01 
series  of  amendments  to  Regulation  No.  53  (Installation  of 
lighting on L3 vehicles) 

ECE/TRANS/WP.29/2013/18 

Proposal for Supplement 4 to the 01 series of amendments to 
Regulation No. 79 (Steering equipment) 

ECE/TRANS/WP.29/2013/58 

Proposal for Supplement 4 to the 02 series of amendments to 
UN Regulation No. 94 (Frontal collision) 

ECE/TRANS/WP.29/2013/47 

Proposal for Supplement 3 to the 03 series of amendments to 
UN Regulation No. 95 (Lateral collision) 

ECE/TRANS/WP.29/2013/48 

Proposal for the 04 series of amendments to Regulation No. 
96 (Diesel emission (agricultural tractors)) 

ECE/TRANS/WP.29/2013/51 

Proposal for Supplement 4 to the 02 series of amendments to 
Regulation  No.  117  (Tyres,  rolling  resistance,  rolling  noise 
and wet grip) 

ECE/TRANS/WP.29/2013/55 
WP.29-160-08 

Proposal for Supplement 1 to the 01 series of amendments to 
the  draft  Regulation  [No.  130]  on  Advanced  Emergency 
Braking Systems (AEBS) 

ECE/TRANS/WP.29/2013/60 

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Proposal for Amendment 5 to the Consolidated Resolution on 
the  Construction  of  Vehicles  (R.E.3),  and  its  Annex  4  on 
market fuel quality 

ECE/TRANS/WP.29/2013/52 

Proposal  for  a  global  technical  regulation  on  hydrogen  and 
fuel cell vehicles 

Proposal for Amendment 3 to global technical regulation No. 
2 (Worldwide Motorcycle emissions Test Cycle (WMTC)) 

Proposal for Amendment 1 to global technical regulation No. 
12  (Controls  tell-tales  and  indicators  for  two-wheeled 
vehicles) 

ECE/TRANS/WP.29/2013/41 
ECE/TRANS/WP.29/2013/42 
ECE/TRANS/WP.29/AC.3/17 
ECE/TRANS/WP.29/2011/147 
ECE/TRANS/WP.29/2013/53 
ECE/TRANS/WP.29/2013/54 
ECE/TRANS/WP.29/2012/AC.3/34 
ECE/TRANS/WP.29/2013/34 
ECE/TRANS/WP.29/2013/34/Amend.1 
ECE/TRANS/WP.29/2013/34/Amend.1/Corr.1 
ECE/TRANS/WP.29/2013/35 
ECE/TRANS/WP.29/2012/AC.3/35 

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