Proposal for a COUNCIL DECISION on the application of Regulation No 41 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of motor cycles with regard to noise
Date: 2013-05-29
Institutions: European Commission
Subjects: approval, driving mechanism, marketing standard, motor vehicle, noise protection, technical standard, two-wheeled vehicle

EUROPEAN 
COMMISSION 

Brussels, 29.5.2013  
COM(2013) 307 final 

2013/0159 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the application of Regulation No 41 of the United Nations Economic Commission for 
Europe on uniform provisions concerning the approval of motor cycles with regard to 
noise 

(Text with EEA relevance) 

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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 Agreement of the United Nations Economic 
Commission for Europe concerning the adoption of uniform technical prescriptions for wheel 
vehicles, equipment and parts which can be fitted to and/or be used on wheel vehicles and the 
conditions for reciprocal recognition of approvals granted on the basis of these prescriptions 
(‘Revised  1958  Agreement’)1  and  to  ensure  that  such  vehicles  offer  a  high  level  of  health, 
safety and environmental protection. 

Regulation  No  41  of  the  United  Nations  Economic  Commission  for  Europe  on  uniform 
provisions  concerning  the  approval  of  motor  cycles  with  regard  to  noise2  (‘UNECE 
Regulation No 41’) was recently brought up to the same level of environmental protection as 
obtained  through  Union  type-approval  legislation,  which  now  allows  the  Union  to  start 
applying this UNECE Regulation. The objective of that Regulation is to establish equivalent 
provisions  for  sound  control  of  motorcycles  and  clarifications  to  the  stationary  noise 
measurement test of such vehicles. 

At EU level, Annex I to Directive 2002/24/EC of the European Parliament and of the Council 
relating to the type-approval of two or three-wheel motor vehicles3, referring to Chapter 9 of 
Annex  I  to  Directive  97/24/EC  on  certain  components  and  characteristics  of  two  or  three-
wheel motor vehicles4, mandates  the type approval for  two and three-wheel motor vehicles, 
according to measurement procedures and limit values for sound levels as laid down in Annex 
I. 

Now that Revision 4 of UNECE Regulation No 41 has been established, it is appropriate for 
the Union to apply said Regulation. 

This  Council  Decision  will  authorise  the  Commission  on  behalf  of  the  European  Union  to 
notify the application of UNECE Regulation No 41. 

• 

General context 

Chapter  9  of  Annex  I  to  Directive  97/24/EC  lays  down  the  basic  requirements  for  certain 
components and characteristics of two or three-wheel motor vehicles with regard to their type 
approval.  It  was  deemed  necessary  to  set  out  the  specific  sound  test  procedures  and 
requirements for such type-approval at EU level. 

It is now envisaged for the European Union to apply UNECE Regulation No 41 in order to 
have  common  harmonised  requirements  at  international  level,  which  will  facilitate 

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4 

OJ L 346, 17.12.1997, p. 78. 
UNECE Documents /TRANS/WP.29/2011/62 and OJ L 317, 14.11.2012, p. 1. 
OJ L 124, 9.5.2002, p. 1. 
OJ L 226, 18.8.1997, p. 1. 

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international  trade  and  which  will  replace  the  existing  approval  requirements  as  set-out  in 
Chapter 9 of Annex I to Directive 97/24/EC. This will enable European 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 

Chapter  9  of  Annex  I  to  Directive  97/24/EC  contains  requirements  for  the  type-approval  of 
two and three-wheel motor vehicles (L-category) with regard to their permissible sound level 
and exhaust system. 

• 

Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  objectives  of  Directives  2002/24/EC  and  97/24/EC  and  is 
therefore consistent with the EU health, safety and environmental objectives and the objective 
to make progress towards the international harmonisation of motorcycle legislation. 

Furthermore,  the  proposal  is  in  line  with  Council  Decision  97/836/EC  with  a  view  to  the 
application by the European Community of the Revised 1958 Agreement. 

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  and 
stakeholder  organisations.  There  was  a  general  consultation  on  the  envisaged  approach  as 
regards vehicle noise emissions in the framework of the ‘CARS 21’ process gathering Member 
States,  manufacturers  (European  and  national  representatives  and  individual  companies), 
component  manufacturers,  transport  organisations  and  user  representatives.  The  proposed 
approach with respect to the application of UNECE Regulation No 41 will also be presented in 
the  Technical  Committee  –  Motor  Vehicles  (TCMV),  as  well  as  in  the  Motorcycle  Working 
Group meeting. 

• 

Impact assessment 

The  application  of  UNECE  Regulation  No  41  does  not  lead  to  a  revision  of  noise  emission 
limits  and/or  thresholds,  as  currently  set  out  in  Directive  97/24/EC.  Furthermore,  the  testing 
methods set out in UNECE Regulation No 41 are equivalent in scope and scientific approach 
to the ones provided for in Directive 97/24/EC. Therefore, the proposed application process is 
not expected to have societal, environmental and economic impact for the European Union or 
the  EEA  due  to  the  overall  equivalence  of  both  the  testing  methods  for  noise  emissions 
proposed ,as well as the noise emission limits and thresholds involved.  

Under the framework of the draft proposal for a Regulation (EU) No .../2012 of the European 
Parliament and of the Council on the approval and market surveillance of two- or three-wheel 
vehicles  and  quadricycles5,  a  cost-benefit  analysis  on  noise  and  tampering  in  L-cat  vehicles 

5 

COM(2010) 542 final. 

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(two  and  three-wheel  vehicles)  was  carried-out6,  which  signaled  the  deterioration  of  noise 
emission in L-category vehicles due to tampering. In this respect, UNECE Regulation No 41, 
apart from its equivalence to EU testing methods and noise emissions limit values, introduces 
cost-effective anti-tampering elements and measures, thus in full harmony with the on-going 
legislative initiative for L-cat vehicles. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposal will enable  the  Union  to apply  UNECE  Regulation  No 41  on noise emissions 
from  motorcycles  and  replace  the  EU  regional  testing  requirements  with  world-harmonised 
test procedures and requirements. 

• 

Legal basis 

Taking into consideration the the object and content of the Council Decision, the legal bases 
are  Articles  114(1)  and  207(4)  TFEU  The  procedure  to  be  followed  for  the  adoption  of  the 
Council Decision is the one laid down in Article 3(3) of Council Decision 97/836/EC. 

• 

Subsidiarity principle 

Sound  requirements  are  already  harmonised  at  EU  level,  but  the  relevant  legislation  is 
outdated and needs updating with respect to technical progress made since its adoption. The 
application  of  international  instruments  like  equivalent  UNECE  Regulations  and  their 
incorporation into the EU system for the type-approval of motor vehicles can only be done by 
the European Union. This does not only prevent fragmentation of the Internal Market, but also 
ensures  uniform  health,  safety  and  environmental  standards  across  the  Union.  It  also  offers 
advantages  derived  from  economies  of  scale:  products  can  be  made  for  the  whole  Union 
market and even for 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 environmental 
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 3(3) of Council Decision 97/836/EC. 

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Report pending revision and adoption by the Commission. 

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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. 

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2013/0159 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the application of Regulation No 41 of the United Nations Economic Commission for 
Europe on uniform provisions concerning the approval of motor cycles with regard to noise 

(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 Articles 
114(1) and 207(4) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament7, 

Whereas: 

(1) 

(2) 

By  Council  Decision  97/836/EC  of  27  November  1997  the  Union  acceded  to  the 
Agreement  of  the  United  Nations  Economic  Commission  for  Europe  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’)8. 

The  harmonised  requirements  of  Regulation  No  41  of  the  Economic  Commission  for 
Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval 
of motor cycles with regard to noise9 (‘UNECE Regulation No 41’) 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. 

(3) 

Directive  2002/24/EC  of  the  European  Parliament  and  of  the  Council  of  18  March  2002 
relating to the type-approval of two or three-wheel motor vehicles and repealing Council 

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9 

Consent of … . 
OJ L 346, 17.12.1997, p. 78. 
OJ L 317, 14.11.2012, p. 1. 

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Directive  92/61/EEC10  and  Directive  97/24/EC  of  the  European  Parliament  and  of  the 
Council of 17 June 1997 on certain components and characteristics of two or three-wheel 
motor  vehicles11  and  its  implementing  measures  mandate  the  adoption  of  permissible 
sound  levels,  exhaust  systems  and  testing  procedures  of  two  and  three-wheel  motor 
vehicles. 

(4) 

Chapter 9 of Annex I to Directive 97/24/EC contains requirements for the type-approval of 
L-category vehicles with regard to their permissible sound level and exhaust system. 

(5) 

(6) 

(7) 

L-category  vehicles  is  the  family  name  of  light  vehicles  such  as  powered  cycles,  two  or 
three-wheel mopeds, motor cycles with and without sidecar, tricycles and quadricycles. 

At the date of its accession to the Revised 1958 Agreement, the Union acceded to a limited 
number  of  UNECE  Regulations  listed  in  Annex  II  to  Decision  97/836/EC;  UNECE 
Regulation No 41 was not included in that list. 

As provided for in Article 3(3) of Decision 97/836/EC, and pursuant to Article 1(7) of the 
Revised 1958 Agreement, the Union may, decide to apply one, some or all of the UNECE 
Regulations  to  which  it  has  not  acceded  at  the  time  of  its  accession  to  the  Revised  1958 
Agreement. The Decision should be adopted by the Council on receiving the consent of the 
European Parliament. 

It is now appropriate for the European Union to apply UNECE Regulation No 41 in order 
to  have  common  harmonised  requirements  at  international  level,  which  will  facilitate 
international  trade  and  which  will  replace  the  existing  approval  requirements  set-out  in 
Chapter 9, Annex I of Directive 97/24/EC. This will enable European companies to follow 
one  set  of  requirements  recognised  worldwide,  in  particular  in  the  countries  and/or 
Contracting Parties to the Revised 1958 UNECE Agreement, 

HAS ADOPTED THIS DECISION: 

The European Union shall  apply Regulation No 41 of the United Nations  Economic  Commission 
for Europe on uniform provisions concerning the approval of motor cycles with regard to noise. 

Article 1 

This Decision shall enter into force on the day following its publication in the Official Journal of 
the European Union. 

Article 2 

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11 

OJ L 124, 9.5.2002, p. 1. 
OJ L 226, 18.8.1997, p. 1. 

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Article 3 

This Decision shall be notified by the Commission to the Secretary–General of the United Nations. 

Done at Brussels,  

For the Council 
The President 

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