Proposal for a COUNCIL DECISION on the position to be taken by the Union in the Administrative Committee of the United Nations Economic Commission for Europe regarding the draft Regulation on uniform provisions concerning the recyclability of motor vehicles
Date: 2013-10-09
Institutions: European Commission
Subjects: UN regional commission, approval, motor vehicle, technical specification, waste recycling













EUR-Lex - 52013PC0697 - EN











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52013PC0697

Proposal for a COUNCIL DECISION on the position to be taken by the Union in the Administrative Committee of the United Nations Economic Commission for Europe regarding the draft Regulation on uniform provisions concerning the recyclability of motor vehicles /* COM/2013/0697 final - 2013/0336 (NLE) */









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 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 recyclability of motor vehicles.
The objective of this draft regulation is to establish a set of requirements
for recyclability, reuse and recovery of end-of-life motor vehicles and their
parts and equipment, which ensures efficient use of resources and increased
environmental protection.
The present proposal aims at defining the
Union position with regard to the draft UNECE regulation on uniform provisions
concerning the the recyclability of motor vehicles and consequently to provide
for the Union, represented by the Commission, to vote in favour of this draft.
·                        
General context
Technical requirements on the type-approval
of motor vehicles with regard to their reusability, recyclability and recoverability
of parts, equipment and resources are currently set-out in Directive 2005/64/EC[1] with respect to vehicles of
categories M1 and N1. In accordance with Directive 2000/53/EC[2], appropriate provisions have
been laid down to ensure that type-approved vehicles belonging to category M1,
and those belonging to category N1, may be put on the market only if they are
reusable and/or recyclable to a minimum of 85 % by mass and are reusable and/or
recoverable to a minimum of 95 % by mass.
With the adoption of the draft UNECE
Regulation on uniform provisions concerning the recyclability of motor vehicles,
an important step forward will be taken in terms of technical and market
harmonisation and the removal of possible trade barriers regarding the
recyclability, reusability and recovery of parts, equipment and resources from
end-of-life vehicles as Members States within the EU may take the text over as
reference when setting up their national legislations.
Hence it is now envisaged for the Union to
vote in favour of the related draft UNECE Regulation on uniform provisions
concerning the recyclability of motor vehicles 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 countries Contracting Parties to
the Revised 1958 UNECE Agreement.
·                        
Existing provisions in the area of the
proposal
The requirements for the type approval of
motor vehicles with regard to their reusability, recyclability and
recoverability are currently addressed at the EU level by Directive 2005/64/EC.
Directive 2005/64/EC is based on Directive 2000/53/EC, which sets-out the
technical requirements for end-of-life vehicles. Both EU directives provide the
legislative basis for the harmonisation of requirements for end-of-life
vehicles at the EU level. There is currently no UNECE legislation providing
harmonisation at the international level.
·                        
Consistency with the other policies and
objectives of the Union
The proposal is in line with the objectives
of Directives 2005/64/EC and 2000/53/EC and is therefore consistent with the EU
health, safety and environmental objectives and with the EU objective of
providing for a high level of environmental protection throughout the territory
of the Union. Additionally, the proposal is in line with Framework Directive
2007/46/EC[3]
and the objective to make progress towards the international harmonisation of the
legislation for the type approval of 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 participated in the UNECE Working Group on Pollution and Energy (GRPE), where representatives of stakeholders as well as MS have met and has bilaterally consulted stakeholders and stakeholder organisations. In the course of the drafting of the new regulation, key aspects of the text were discussed in the 63rd, 64th and 65th sessions of GRPE. ·                         Impact assessment The provisions of the UNECE regulation on uniform provisions concerning the recyclability of motor vehicles have been entirely based on the requirements and provisions of Directives 2005/64/EC and 2000/53/EC and can be considered as complementary to the Framework Directive 2007/46/EC on the type-approval of motor vehicles. 
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 the draft UNECE Regulation on
uniform provisions concerning the recyclability of motor vehicles.
·                        
Legal basis
Taking into consideration the object and
content of the Council Decision, the legal bases are Articles 114 and 218(9)
TFEU. The procedure to be followed for the adoption of the Council Decision is
the one laid down in Article 4(2) of Council Decision 97/836/EC.
·                        
Subsidiarity principle
Directive 2000/53/EC sets out the technical
requirements for the recyclability, reusability and recoverability for
end-of-life vehicles. Additionally, Directive 2005/64/EC sets out the
requirements for the type-approval of motor vehicles with regard to their
reusability, recyclability and recoverability and leaves to the judgement of MS
the decision on the precise measures to be taken in order to comply with the
abovementioned requirements. In this respect, the recyclability of motor
vehicles and the treatment of end-of-life vehicles may play a fundamental role in
strengthening EU objectives related to health, safety and environmental protection,
thus realising the EU objective of providing for a high level of environmental
protection throughout the territory of the Union.
Given the background above, and according
to the subsidiarity principle, it is appropriate for the EU to vote in favour
to the UNECE Regulation on uniform provisions concerning the recyclability of
motor vehicles, while respecting the capacity of MS to decide whether the
Regulation should be applied, at their respective national levels for the mandatory
type-approval of motor-vehicles with respect to their recyclability, or for other
purposes. However, and without prejudice of the faculty of MS to decide within
the scope of their competences, the basic rules of the 1958 Agreement shall
apply to the whole of the EU and in the same manner to all MS. 
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 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 218(9) TFEU.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the
Union budget.
2013/0336 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the Union
in the Administrative Committee of the United Nations Economic Commission for
Europe regarding the draft Regulation on uniform provisions concerning the
recyclability of motor vehicles 
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)       By Council Decision
97/836/EC[4],
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’).
(2)       The standardised
requirements of the draft UNECE Regulation on uniform provisions concerning the
recyclability of motor vehicles[5]
are designed to remove technical barriers to the trade of end-of-life vehicles
intended for recycling, reuse and recovery of their equipment and parts, between
the Contracting Parties to the Revised 1958 Agreement and to ensure that such
systems offer a high level of performance and environmental protection.
(3)       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,
HAS DECIDED AS FOLLOWS: 
Sole Article
The position to be taken by the Union,
represented by the Commission, in the Administrative Committee of the Revised
1958 Agreement shall be to vote in favour of the draft UNECE Regulation on
uniform provisions concerning the recyclability of motor vehicles, as contained
in document ECE/TRANS/WP.29/2013/125.
.
Done at Brussels,
                                                                       For
the Council
                                                                       
[1]               Directive 2005/64/EC of the European Parliament and
of the Council of 26 October 2005 on the type-approval of motor vehicles with
regard to their reusability, recyclability and recoverability and amending
Council Directive 70/156/EEC (OJ L 310, 25.11.2005, p. 10).
[2]               Directive 2000/53/EC of the European Parliament and
of the Council of 18 September 2000 on end-of life vehicles (OJ L 269,
21.10.2000, p. 34).
[3]               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) (OJ L 263, 9.10.2007,
p. 1).
[4]               OJ L 346, 17.12.1997, p. 78.
[5]               UNECE
Document ECE TRANS/WP.29/2013/125.