Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**
**Brussels, 4 February 2025**
**(OR. en)**

**5922/25**

**Interinstitutional File:**

**2025/0013(NLE)**

**MI 68**

**ENT 12**

**UNECE 3**

**COVER NOTE**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 4 February 2025

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the
European Union

No. Cion doc.: COM(2025) 31 final

Subject: Proposal for a COUNCIL DECISION on the position to be adopted on
behalf of the European Union in the World Forum for Harmonization of
Vehicle Regulations of the United Nations Economic Commission for
Europe as regards the March 2025 proposals for UN regulations

Delegations will find attached document COM(2025) 31 final.

Encl.: COM(2025) 31 final

5922/25

## **EN**

EUROPEAN

COMMISSION

Brussels, 4.2.2025
COM(2025) 31 final

2025/0013 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the position to be adopted on behalf of the European Union in the World Forum for**
**Harmonization of Vehicle Regulations of the United Nations Economic Commission for**

**Europe as regards the March 2025 proposals for UN regulations**

# **EN EN**

**EXPLANATORY MEMORANDUM**

**1.** **SUBJECT** **MATTER** **OF** **THE** **PROPOSAL**

This proposal is for a decision establishing the position to be taken on the EU’s behalf in the
World Forum for Harmonization of Vehicle Regulations of the United Nations Economic
Commission for Europe (WP.29) on the adoption of modifications to current United Nations
(UN) regulations.

**2.** **CONTEXT** **OF** **THE** **PROPOSAL**

**2.1.** **The Revised 1958 Agreement and the Parallel Agreement**

Two agreements are in place to develop harmonised requirements to remove technical barriers
to trade in motor vehicles between the United Nations Economic Commission for Europe
(UNECE) contracting parties, and to ensure that motor vehicles offer a high level of safety
and environmental protection. These are:

–
the Agreement of the UNECE on 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 (the ‘Revised 1958 Agreement’); and

–
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 (the ‘Parallel Agreement’).

The agreements entered into force for the EU on 24 March 1998 and 15 February 2000
respectively. Work related to these agreements is overseen by WP.29.

**2.2.** **The World Forum for Harmonization of Vehicle Regulations of the United**
**Nations Economic Commission for Europe**

WP.29 provides a unique framework for globally harmonised regulations on vehicles. WP.29
is a permanent working party in the UN institutional framework with a specific mandate and
specific rules of procedure. It works as a global forum enabling open discussions on motor
vehicle regulations and on the implementation of the Revised 1958 Agreement and the
Parallel Agreement. Any UN member and any regional economic integration organisation set
up by UN members may fully participate in the activities of WP.29 and become a contracting
party to the agreements on vehicles overseen by WP.29. The EU is a party to these
agreements [1] .

WP.29 meets three times a year, in March, June and November. To reflect technical progress,
at each meeting, WP.29 can adopt:

new UN regulations;

new UN resolutions;

1 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).
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’) (OJ L 35, 10.2.2000,
p. 12).

# EN 1 EN

new UN global technical regulations (UN GTRs);

modifications to UN regulations and resolutions under the Revised 1958 Agreement; and

modifications to UN GTRs and resolutions under the Parallel Agreement.

Before each WP.29 meeting, dedicated subsidiary bodies of WP.29 discuss these
modifications at technical level.

Subsequently, WP.29 can adopt proposals:

by a qualified majority of the contracting parties present and voting for proposals under the
Revised 1958 Agreement; or

by a consensus vote of the contracting parties present and voting for proposals under the
Parallel Agreement.

Before each WP.29 meeting, a Council Decision under Article 218(9) of the Treaty on the
Functioning of the European Union (TFEU) establishes the position to be taken on behalf of
the EU on:

new UN regulations, UN GTRs and UN resolutions; and

amendments, supplements and corrigenda to UN regulations, UN GTRs and UN resolutions.

**2.3.** **The envisaged act of WP.29**

From 4 to 7 March 2025, during its 195th session, WP.29 may adopt:

proposals for modifications to UN regulation Nos 13, 39, 48, 49, 79, 83, 92, 96, 100, 105,
116, 124, 138, 148, 149, 152, 158, 161, 162, 163, 168, and 171;

a proposal for a new UN regulation on the determination of system power of hybrid electric
vehicles and of pure electric vehicles having more than one electric machine for propulsion;
and

a proposal for an amendment to the consolidated resolution on the common specification of
light source categories.

**3.** **POSITION** **TO** **BE** **TAKEN** **ON** **THE** **EU'S** **BEHALF**

The WP.29 system strengthens international harmonisation of vehicle standards. The Revised
1958 Agreement plays a key role in achieving this objective. EU manufacturers can use a
common set of type approval regulations knowing that contracting parties will recognise their
products as compliant with their national legislation.

This made it possible for Regulation (EC) No 661/2009 on the general safety of motor
vehicles to repeal more than 50 EU directives and replace them with corresponding
regulations developed under the Revised 1958 Agreement.

Regulation (EU) 2018/858 of the European Parliament and of the Council [2] follows a similar
approach. It lays down administrative provisions and technical requirements for type approval
and placing on the market of all new vehicles, systems, components and separate technical
units. This Regulation incorporates regulations adopted under the Revised 1958 Agreement in

2 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the
approval and market surveillance of motor vehicles and their trailers, and of systems, components and
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC)
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

# EN 2 EN

the EU type approval system, either as requirements for type approval or as alternatives to EU
legislation.

Once WP.29 has adopted a proposal for a new UN regulation or for modifications to an
existing UN regulation, UNECE’s Executive Secretary notifies the corresponding act to the
contracting parties. Unless a blocking minority of contracting parties objects within 6 months,
the act enters into force. Then, each contracting party can transpose the act into its applicable
national rules. In the EU, the act’s publication in the _Official Journal of the EU_ completes the
transposition process.

The EU's position needs to be established on the following acts:

–
proposals for modifications to UN regulation Nos 13, 39, 48, 49, 79, 83, 92, 96, 100,
105, 116, 124, 138, 148, 149, 152, 158, 161, 162, 163, 168, and 171 to update
provisions on:

–
heavy vehicle braking - the proposed amendments aim to amend the
requirements in relation to endurance brake, covering the mass of the full
vehicle combination (i.e. a towing vehicle and a trailer). The proposed
amendments also aim to rectify the parking braking system requirements
applicable to power-driven vehicles:

–
speedometer and odometer equipment including its installation - the
proposed amendments aim to update the existing requirements for
odometers to include provisions on: (a) accuracy of the on-board odometer
mileage values, (b) anti-tampering of the on-board odometer mileage values
and (c) accuracy and anti-tampering of the odometer mileage values
displayed to the driver;

– –
installation of lighting and light-signalling devices the proposed
amendments seek to align the requirements for the visibility of red light
towards the front and/or white light toward the rear of the vehicle with 01
series of amendments to UN regulations Nos 148 and 149. The proposed
amendments aim to clarify and align the requirements for off-road vehicles
about the passing-beam vertical inclination depending on the mounting
height of the headlamps. The proposed amendments also introduce a new
pattern for predicted trajectory as a part of the driver assistance projections
and improve failure detection and signalisation requirements to reflect
technological progress in multiple light sources. The proposed amendments
update the requirements regarding the total objective luminous flux of one
or more light source(s) or light source module(s) for a dipped beam;

–
emissions of compression ignition and positive ignition (LPG and CNG)
engines - the proposed amendments seek to provide editorial corrections;

– –
steering equipment the proposed amendments aim to exclude certain
approval requirements for additional categories of automatically
commanded steering functions, those already covered by UN regulation No
171;

–
emissions of M1 and N1 vehicles - the proposed amendments seek to
provide editorial corrections;

–
replacement exhaust silencing systems for motorcycles - the proposed
amendments intend to improve the requirements preventing tampering with
non-original replacement exhaust silencing systems;

# EN 3 EN

–
approval of engines to be installed in agricultural and forestry tractors and in
nonroad mobile machinery with regard to the emissions of pollutants by the
engine - the proposed amendments seek to provide editorial corrections;

– –
electric power trained vehicles the proposed amendments aim to introduce
new provisions concerning the treatment of intellectual properties of
manufacturers and improve the requirements on thermal propagation and
the approval of electric powered vehicles;

– –
vehicles for the carriage of dangerous goods the proposed amendments
intend to align the text of UN regulation No 105 with the latest version of
the Agreement concerning the international carriage of dangerous goods by
road (ADR);

– –
anti-theft and alarm systems the proposed amendments aim to align the
text of UN regulation No 116 with the technical requirements of UN
regulation No 10 in UN regulation No 157;

–
replacement wheels for passenger cars - the proposed amendments seek to
clarify some of the provisions of UN regulation No 124 with respect to
testing of aluminium-alloy and magnesium-alloy wheels;

– –
quiet road transport vehicles the proposed amendments intend to clarify
the requirements regarding the maximum sound pressure requirement at the
front plane of the vehicle for reversing;

–
light-signalling devices - the proposed amendment aims to correct a wrong
reference for the determination of the approval marking size of a single light
signalling lamp;

–
road illumination devices - the proposed amendments aim to correct certain
photometric measurement requirements for the passing-beam headlamps
including amending failure detection and signalisation requirements to
reflect technological progress in multiple light sources. The proposed
amendments also intend to rectify a certain number of maximum luminous
intensity values in the conformity of production tables;

– advanced emergency braking system (AEBS) for M1/N1       - the proposed
amendments seek to introduce, based on EU whole vehicle type approval,
provisions for using virtual testing as an alternative to physical tests in UN
regulation No 152;

– –
reversing motion the proposed amendments aim to clarify the test
conditions of rear-view camera and detection system;

–
devices against unauthorized use - the proposed amendments aim to align
the text of UN regulation No 161 with the technical requirements of UN
regulation No 10 in UN regulation No 157;

–
immobilizers - the proposed amendments aim to align the text of UN
regulation No 162 with the technical requirements of UN regulation No 10
in UN regulation No 157;

–
vehicle alarm systems - the proposed amendments aim to align the text of
UN regulation No 163 with the technical requirements of UN regulation No
10 in UN regulation No 157;

# EN 4 EN

–
global real driving emissions (global RDE) - the proposed amendments seek
to clarify the need for the use of a 3-phase and a 4-phase test data analysis,
depending on the fuel type of the engine (diesel or petrol). The proposed
requirements also intend to align the provisions of
portable emissions measurement system (PEMS) concentration and
emission correction with those in UN regulation No 49; and

– –
driver control assistance systems (DCAS) the proposed requirements aim
to introduce new provisions to enable regulating DCAS supporting systeminitiated manoeuvres and/or allowing skipping “hands-on” requests; and

–
a proposal for:

–
a new UN regulation on the determination of system power of hybrid
electric vehicles and of pure electric vehicles having more than one electric
machine for propulsion - this proposal for a new regulation intends to
transpose the requirements of UN GTR No 21.

WP.29 plans to vote on these proposals at its meeting of 4 to 7 March 2025.

In addition, the EU's position needs to be established on:

–
a proposal for an amendment to the consolidated resolution on the common
specification of light source categories - the proposed amendments aim to introduce
new light emitting diode (LED) light source categories LW7A and LW7B.

The EU should support the above acts as they are in line with its internal market policy on the
automotive industry regarding safety, automation, and emissions, as well as its geopolitics,
transport, climate and energy policies.

All of these acts have a very positive impact on the competitiveness of the EU automotive
sector and on international trade. A vote in favour of these acts would foster technological
progress, provide economies of scale, prevent fragmentation of the internal market and ensure
that automotive standards are applied uniformly across the EU.

External expertise is not relevant for this proposal. However, the Technical Committee on
Motor Vehicles has reviewed this proposal.

**4.** **LEGAL** **BASIS**

**4.1.** **Procedural legal basis**

_4.1.1. Principles_

Article 218(9) TFEU states that the Council adopts decisions establishing ‘the positions to be
adopted on the Union’s behalf in a body set up by an agreement, when that body is called
upon to adopt acts having legal effects, with the exception of acts supplementing or amending
the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects because of the
rules of international law governing the body in question. The concept of ‘acts having legal
effects’ also includes instruments that do not have a binding effect under international law,
but that are ‘capable of decisively influencing the content of the legislation adopted by the EU
legislature’ [3] .

3
Judgment of the Court of Justice of 7 October 2014, _Germany_ v _Council_, C-399/12,
ECLI:EU:C:2014:2258, paragraphs 61 to 64.

# EN 5 EN

_4.1.2. Application to the present case_

WP.29 is a body in which the UNECE contracting parties discuss the implementation of the
Revised 1958 Agreement and the Parallel Agreement.

The acts that WP.29 is called upon to adopt are acts that have legal effects.

The UN regulations set out in the envisaged act will be binding on the EU. Together with the
UN resolution and UN GTRs, they will be able to decisively influence the content of EU
legislation in the field of vehicle type approval.

The envisaged acts do not supplement or amend the institutional framework of the
Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

**4.2.** **Substantive legal basis**

_4.2.1. Principles_

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on
the objective and content of the envisaged act on which a position is taken on the EU's behalf.

An envisaged act can have two aims or components, one of which can be identified as the
main one and the other as merely incidental. In this case, the decision under Article 218(9)
TFEU must be founded on a single substantive legal basis, namely the one for the main or
predominant aim or component.

_4.2.2. Application to the present case_

The main objective and content of the envisaged act is the approximation of laws. Therefore,
the substantive legal basis of the proposed decision is Article 114 TFEU.

**4.3.** **Conclusion**

The legal basis of the proposed decision should be Article 114 TFEU, read in conjunction
with Article 218(9) TFEU.

# EN 6 EN

2025/0013 (NLE)

Proposal for a

**COUNCIL DECISION**

**on the position to be adopted on behalf of the European Union in the World Forum for**
**Harmonization of Vehicle Regulations of the United Nations Economic Commission for**

**Europe as regards the March 2025 proposals for UN regulations**

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1) By Council Decision 97/836/EC [1], 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’). The Revised 1958 Agreement entered into force on 24 March 1998.

(2) By Council Decision 2000/125/EC [2], 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’).
The Parallel Agreement entered into force on 15 February 2000.

(3) Regulation (EU) 2018/858 of the European Parliament and of the Council [3] lays down
administrative provisions and technical requirements for type approval and placing on
the market of all new vehicles, systems, components and separate technical units. This
Regulation incorporates regulations adopted under the Revised 1958 Agreement ('UN
regulations') in the EU type approval system, either as requirements for type approval
or as alternatives to Union legislation.

1 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,
ELI: http://data.europa.eu/eli/dec/1997/836/oj).
2 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’) (OJ L 35, 10.2.2000,
p. 12, ELI: http://data.europa.eu/eli/dec/2000/125/oj).
3 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the
approval and market surveillance of motor vehicles and their trailers, and of systems, components and
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC)
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1, ELI:
http://data.europa.eu/eli/reg/2018/858/oj).

# EN 7 EN

(4) Pursuant to Article 1 of the Revised 1958 Agreement and Article 6 of the Parallel
Agreement, the World Forum for Harmonization of Vehicle Regulations (WP.29) may
adopt proposals for modifications to UN regulations, UN global technical regulations
(UN GTRs) and UN resolutions, and proposals for new UN regulations, UN GTRs and
UN resolutions on the approval of vehicles. Moreover, pursuant to those provisions,
WP.29 may adopt proposals for authorisations to develop amendments to UN GTRs or
to develop new UN GTRs, and may adopt proposals for the extension of mandates for
UN GTRs.

(5) From 4 to 7 March 2025, during the 195th session of the World Forum for
Harmonization of Vehicle Regulations, WP.29 may adopt: proposals for modifications
to UN regulation Nos 13, 39, 48, 49, 79, 83, 92, 96, 100, 105, 116, 124, 138, 148, 149,
152, 158, 161, 162, 163, 168, and 171; a proposal for a new UN regulation on the
determination of system power of hybrid electric vehicles and of pure electric vehicles
having more than one electric machine for propulsion; and a proposal for an
amendment to the consolidated resolution on the common specification of light source
categories.

(6) The UN regulations will be binding on the Union. Together with the UN resolution
they will influence the content of Union legislation in the field of vehicle type
approval. Therefore, it is appropriate to establish the position to be taken on the
Union's behalf in WP.29 as regards the adoption of those proposals.

(7) In order to reflect field experience and technical developments during the type
approval process, the requirements for certain aspects or features covered by UN
regulation Nos 13, 39, 48, 49, 79, 83, 92, 96, 100, 105, 116, 124, 138, 148, 149, 152,
158, 161, 162, 163, 168, and 171; and the consolidated resolution on the common
specification of light source categories, need to be amended or supplemented.

(8) In order to allow for technological progress and to promote clean mobility, a new UN
regulation on the determination of system power of hybrid electric vehicles and of
pure electric vehicles having more than one electric machine for propulsion needs to
be adopted.

(9) These proposals are in line with the Union’s strategic policy orientations concerning
the automotive industry.

HAS ADOPTED THIS DECISION:

_Article 1_

The position to be taken on the Union’s behalf in the 195th session of the World Forum for
Harmonization of Vehicle Regulations to be held from 4 to 7 March 2025 shall be to vote in
favour of the proposals listed in the Annex to this Decision.

_Article 2_

This Decision is addressed to the Commission.

Done at Brussels,

_For the Council_

_The President_

# EN 8 EN