Proposal for a COUNCIL DECISION on the application by the Union of Regulations Nos 9, 63 and 92 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of three-wheeled vehicles, mopeds and of the replacement exhaust silencing systems for L-category vehicles with regard to sound emission
Date: 2018-07-25
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: UN regional commission, approval, motor vehicle, noise, noise protection, technical specification, technical standard, two-wheeled vehicle, vehicle parts

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 25.7.2018 COM(2018) 551 final 2018/0292 (NLE)  Proposal for a COUNCIL DECISION on the application by the Union of Regulations Nos 9, 63 and 92 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of three-wheeled vehicles, mopeds and of the replacement exhaust silencing systems for L-category vehicles with regard to sound emission  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  United  Nations  Economic  Commission  for  Europe  (UN/ECE)  develops  harmonised 
requirements at international level 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 
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 to ensure that such vehicles offer a high 
level of health, safety and environmental protection. 

The  European  Union  is  a  contracting  party  to  the  Revised  1958  Agreement,  as  are  the 
Member States and applies most of the UN Regulations adopted under this Agreement, with 
the exception of those, which do not provide a level of protection similar or higher than EU 
legislation. This was the case, until now, of UN Regulations Nos 9 on noise of three-wheeled 
vehicles2, 63 on noise emissions of mopeds3 and 92 on replacement exhaust silencing systems 
for L-category vehicles4 (‘UN Regulations Nos 9, 63 and 92’, respectively). However, those 
UN Regulations have recently been brought up to the same level of environmental protection 
as  obtained  through  Union  type-approval  legislation,  which  now  allows  the  Union  to  start 
applying those UN Regulations. The objective of those Regulations is to establish equivalent 
provisions  for  sound  control  of  motorcycles  and  clarifications  to  the  stationary  noise 
measurement test of such vehicles. 

At  EU  level,  Annexes  IV,  V  and  VI  to  Regulation  (EU)  No  168/2013  of  the  European 
Parliament and of the Council on the approval and market surveillance of two- or three-wheel 
vehicles  and  quadricycles5,  referring  to  Annex  IX  to  Regulation  (EU)  No  134/2014  on 
environmental  and  propulsion  unit  performance  requirements  of  two-  and  three-wheel 
vehicles  and  quadricycles  and  their  components,  systems  and  separate  technical  units6, 
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 Annexes IV, V and 
VI to Regulation (EU) No 168/2013. 

This Council Decision determines the application by the Union of UN Regulations Nos 9, 63 
and 92 and authorises the Commission to notify the UN Secretary-General thereof.  

• 

Consistency with existing policy provisions in the policy area 

This  proposal  complements  and  is  fully  in  line  with  the  Union's  internal  market  policy  as 
regards the automotive industry. 

The  WP.29  system  strengthens  international  harmonization  of  vehicle  standards.  The  1958 
Agreement plays a key role in this objective since EU manufacturers can operate to a common 

1 
2 

3 

4 

5 
6 

OJ L 346, 17.12.1997, p. 78. 
UNECE Document /TRANS/WP.29/2017/2 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 
UNECE Document /TRANS/WP.29/2017/4 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 
UNECE Document /TRANS/WP.29/2017/5 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 
OJ L 60, 2.3.2013, p. 52. 
OJ L 53, 21.2.2014, p. 1. 

EN 

1 

  EN 

 
                                                 
set of type approval Regulations in the knowledge that the product will be recognized by the 
Contracting  Parties  as  being  in  conformity  with  its  national  legislation.  This  scheme,  for 
instance, has allowed for Regulation (EU) No 134/2014 to already apply UN Regulation No 
41 on the approval of motorcycles with regard to noise, as well as permitted Regulation (EU) 
No  3/2014  on  functional  safety  of  two-  and  three-wheel  vehicles  and  quadricycles  and 
Regulation (EU) No 44/2014 on construction and general requirements of the same vehicles 
to apply on a compulsory basis 31 UN Regulations. 

A similar approach has been taken with Regulation (EC) No 661/2009 on the general safety of 
motor  vehicles,  which  repeals  more  than  50  EU  Directives  and  replaces  them  with  the 
corresponding Regulations developed under the 1958 Agreement and Directive 2007/46/EC7, 
which  has  replaced  the  approval  systems  of  the  Member  States  with  a  Union  approval 
procedure and established a harmonised framework containing administrative provisions and 
general  technical  requirements  for  all  new  vehicles,  systems,  components  and  separate 
technical units. That Directive incorporated UN Regulations in the EU type-approval system, 
either  as  requirements  for  type-approval  or  as  alternatives  to  Union  legislation.  Since  the 
adoption  of  that  Directive,  UN  Regulations  have  increasingly  been  incorporated  into  Union 
legislation in the framework of the EU type-approval. 

• 

Consistency with other Union policies 

The  proposal  is  in  line  with  the  objectives  of  Regulations  (EU)  No  168/2013  and  134/2014 
and  is  therefore  consistent  with  the  EU  health,  safety  and  environmental  objectives  and  the 
objective  to  make  progress  towards  the  international  harmonisation  of  L-category  vehicles 
(two and three-wheel vehicles and quadricycles) 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.  Also,  the  WP.29 
system is linked to the Union policy on competiveness, on which this initiative has a positive 
impact. This proposal is also consistent with Union transport and energy policies, which are 
duly  considered  in  the  process  for  the  drafting  and  adoption  of  the  UN  Regulations  falling 
under the 1958 Agreement. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Taking into consideration the object and content of the Council Decision, the legal bases are 
Articles 114 and 207 TFEU, in conjunction with Article 218(9) 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 (for non-exclusive competence)  

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 
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 

like  equivalent  UN  Regulations  and 

international 

instruments 

7 

OJ L 263 9.10.2007, p. 1. 

EN 

2 

  EN 

 
                                                 
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 

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 the instrument 

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. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

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  gathering  Member  States,  manufacturers  (European  and 
national  representatives  and  individual  companies),  component  manufacturers,  transport 
organisations  and  user  representatives  in  the  Motorcycle  Working  Group  meeting.  The 
content of the three UNECE Regulations has been supported by all the different stakeholders 
in that Group and also in the framework of the UNECE Working Party on Noise (GRB). The 
proposed approach  with respect to  the application of UN Regulations Nos 9, 63 and 92 has 
also  been  presented  in  the  Technical  Committee  –  Motor  Vehicles  (TCMV),  which  is  the 
Comitololgy  Committe  on  road  vehicles  legislation  established  by  Article  40  of  Directive 
2007/46/EC, and no comments have been received. 

• 

Collection and use of expertise 

External expertise is not relevant in the case of this proposal. It has however been reviewed by 
the Technical Committee on Motor Vehicles. As for the content of the UN Regulations Nos 9, 
63  and  92,  it  is  noted  that  a  study  was  carried  out  in  2015/2016,  mandated  by  the 
Commission, which proposed improvements in those three Regulations, in order to present at 
least  the  same  level  of  requirements  with  Regulations  (EU)  No  168/2013  and  134/2014. 
Following  that  study  and  based  on  its  conclusions,  the  Commission  proposed  the  necessary 
amendments  to  these  three  UN  Regulations,  adopted  by  the  WP.29  in  its  session  of  March 
2017 and subsequently resulting in the Revisions mentioned in point 1 above (Context of the 
Proposal). 

• 

Impact assessment 

The  application  of  UN  Regulations  Nos  9,  63  and  92  does  not  lead  to  a  revision  of  noise 
emission  limits  and/or  thresholds,  as  currently  set  out  in  Regulation  (EU)  No  168/2013. 

EN 

3 

  EN 

 
Furthermore,  the  testing  methods  set  out  in  these  three  UN  Regulations  are  equivalent  in 
scope  and  scientific  approach  to  the  ones  provided  for  in  Regulation  (EU)  No  134/2014. 
Therefore,  the  proposed  application  process  is  not  expected  to  have  societal,  environmental 
and economic impacts for the European Union or the EEA due to the overall equivalence of 
both the testing methods for sound emission levels proposed, as well as the sound emission 
limits and thresholds concerned. 

Under the framework of Regulation (EU) No 168/2013 of the European Parliament and of the 
Council  on  the  approval  and  market  surveillance  of  two-  or  three-wheel  vehicles  and 
quadricycles,  a  cost-benefit  analysis  on  noise  and  tampering  in  L-category  vehicles  was 
carried-out, which revealed the deterioration of noise emission in L-category vehicles due to 
tampering. In this respect, UN Regulations Nos 9, 63 and 92 introduce testing methods, sound 
emissions limit values as well as cost-effective anti-tampering elements and measures which 
are fully harmonised with the EU legislative framework for L-category vehicles. 

• 

Regulatory fitness and simplification 

In  terms  of  administrative  burden,  the  initiative  does  not  have  repercussions,  as  the  UN 
Regulations proposed for application in the Union will not introduce new reporting or other 
administrative  obligations  for  enterprises,  including  SMEs.  On  the  contrary,  reduction  of 
administrative burden is targeted as the application of world-harmonised requirements allow 
manufacturers to present approval documentation of systems and components not only in the 
EU but  also on the export  markets from Contracting Parties to  the 1958 Agreement outside 
the EU. 

The proposal has a very positive impact on automotive EU competitiveness and international 
trade.  The acceptance  of internationally  harmonised vehicle regulations by the EU’s trading 
partners  is  recognised  as  the  best  way  to  remove  non-tariff  barriers  to  trade  and  to  open  or 
widen market access for EU automotive enterprises. 

• 

Fundamental rights 

The proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

This initiative has no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

The initiative proposes the application in the Union of UN Regulations Nos 9, 63 and 92 on 
the type approval with regard to sound emissions of three-wheeled vehicles, mopeds and the 
replacement exhaust silencing systems for L-category vehicles, respectively. 

EN 

4 

  EN 

 
2018/0292 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the application by the Union of Regulations Nos 9, 63 and 92 of the United Nations 
Economic Commission for Europe on uniform provisions concerning the approval of 
three-wheeled vehicles, mopeds and of the replacement exhaust silencing systems for L-
category vehicles with regard to sound emission 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 114 and 207 thereof, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

8 

9 
10 

11 

12 

By Council Decision 97/836/EC8, 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 prescriptions9 (‘Revised 1958 Agreement’). 

The harmonised requirements of Regulation No 9 Uniform provisions concerning the 
approval  of  category  L2,  L4  and  L5  vehicles  with  regard  to  sound  emission10, 
Regulation No 63 Uniform provisions concerning the approval of L1 category vehicles 
with  regard  to  sound  emission11  and  Regulation  No  92  -  Uniform  provisions 
concerning  the  approval  of  non-original  replacement  exhaust  silencing  systems 
(NORESS)  for  vehicles  of  categories  L1,  L2,  L3,  L4  and  L5  with  regard  to  sound 
emission12 of the United Nations Economic Commission for Europe (‘UN Regulations 
Nos  9,  63  and  92’),  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.  L-category  of  vehicles 
comprises  light  vehicles  such  as  powered  cycles,  two  or  three-wheel  mopeds,  motor 
cycles with and without sidecar, tricycles and quadricycles. 

Council  Decision  97/836/EC  of  27  November  1997  with  a  view  to  accession  by  the  European 
Community 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’) (OJ L 346, 17.12.1997, p. 78). 
OJ L 346, 17.12.1997, p. 81. 
UNECE Document /TRANS/WP.29/2017/2 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 
UNECE Document /TRANS/WP.29/2017/4 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 
UNECE Document /TRANS/WP.29/2017/5 [OJ please replace with the EU OJ publication reference, 
when the latter is done] 

EN 

5 

  EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

Regulation  (EU)  No  168/2013  of  the  European  Parliament  and  of  the  Council13  and 
Commission  Delegated  Regulation  (EU)  No  134/201414  mandate  the  adoption  of 
permissible  sound  levels,  replacement  exhaust  systems  requirements  and  testing 
procedures of two and three-wheel motor vehicles and quadricycles. 

Annexes IV, V and VI to Regulation (EU) No 168/2013 and Annex IX to Regulation 
(EU) No 134/2014 contain requirements for the type-approval of L-category vehicles 
with regard to permissible sound level and exhaust system. 

At the date of its accession to  the Revised  1958 Agreement, the Union acceded  to a 
number of UN Regulations listed in Annex II to Decision 97/836/EC; UN Regulations 
Nos 9, 63 and 92 were 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 
UN Regulations to which it has not acceded at the time of its accession to the Revised 
1958 Agreement. 

Following the recent amendments to UN Regulations Nos 9, 63 and 92 aligning them 
with the relevant technical provisions of Regulations (EU) No 168/2013 and (EU) No 
134/2014, it is now appropriate for the Union to apply UN Regulations Nos 9, 63 and 
92  in  order  to  provide  for  common  harmonised  requirements  at  international  level. 
This  should  enable  Union  companies  to  follow  one  set  of  requirements  recognised 
worldwide, in particular in the Contracting Parties to the Revised 1958 Agreement, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  European  Union  shall  apply  Regulation  No  9  -  Uniform  provisions  concerning  the 
approval of category L2, L4 and L5 vehicles with regard to sound emission, Regulation No 63 
-  Uniform  provisions  concerning  the  approval  of  L1  category  vehicles  with  regard  to  sound 
emission and Regulation No 92 - Uniform provisions concerning the approval of non-original 
replacement exhaust silencing systems (NORESS) for vehicles of categories L1, L2, L3, L4 and 
L5 with regard to sound emission of the United Nations Economic Commission for Europe. 

Article 2 

13 

14 

Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the 
approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, 
p. 52). 
Commission Delegated Regulation (EU) No 134/2014 of 16 December 2013 supplementing Regulation 
(EU)  No  168/2013  of  the  European  Parliament  and  of  the  Council  with  regard  to  environmental  and 
propulsion unit performance requirements and amending Annex V thereof (OJ L 53, 21.2.2014, p. 1). 

EN 

6 

  EN 

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

This Decision is addressed to the Commission.  

Done at Brussels, 

Article 3 

For the Council 
The President 

EN 

7 

  EN