CELEX: 51995PC0723
Language: en
Date: 1996-01-12
Title: Proposal for a Council Decision with a view to accession by the European Community to the 1958 Revised Agreement concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts

Avis juridique important

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51995PC0723

Proposal for a Council Decision with a view to accession by the European Community to the 1958 Revised Agreement concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts  /* COM/95/0723 FINAL - AVC 96/0006 */  

Official Journal C 069 , 07/03/1996 P. 0004

Proposal for a Council Decision with a view to accession by the  European Community to the 1958 Revised Agreement concerning the adoption of uniform conditions of  approval and reciprocal recognition of approval for motor vehicle equipment and parts(96/C   69/05)COM(95) 723 final - 96/0006(AVC)(Submitted by the Commission on 15 January  1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 113  thereof, in conjunction with Article 228 (2), first sentence, (3) second indent, and (4); Having regard to the proposal by the Commission; Having received the assent of the European Parliament; Whereas, in its Decision of 23 October 1990, the Council had authorized the Commission to take part  in the negotions concerning the revision of the 1958 United Nations Economic Commission for Europe  (ECE) Agreement concerning the adoption of uniform conditions of approval and reciprocal  recognition of approval for motor vehicle equipment and parts (hereinafter referred to as the  'Revised Agreement`); Whereas, as a result of those negotiations, the European Community has the option of becoming a  contracting party to the Revised Agreement in its capacity as a regional economic integration body  to which its Member States have transferred powers in the area covered by the Agreement; Whereas accession to that Agreement constitutes an aim of common trade policy in accordance with  Article 113 of the Treaty to remove technical barriers to the trade in motor vehicles between the  contracting parties; whereas involvement by the Community will add weight to the harmonization  activities conducted under that Agreement and will thus permit easier access to third-country  markets; whereas that involvement must result in the establishment of coherence between the  instruments referred to as 'regulations` adopted under the Revised Agreement and Community law in  this area; Whereas the approval of motor vehicles and technical harmonization are conducted on the basis of  Directives concerning vehicle systems, components and separate technical units under Article 100a  on the establishment and operation of the internal market and that, from 1 January 1996 in respect  of Category M1 vehicles, the harmonization will be total and mandatory under framework Directive  70/156/EEC and the separate Directives on this category of vehicle; Whereas signing of the Agreement by the European Community requires amendments to instruments  adopted in accordance with the procedure provided for in Article 189b; whereas the assent of the  European Parliament is therefore required; Whereas the instruments referred to as 'regulations` adopted within the bodies under the Agreement  will bind the European Community on expiry of a six-month period following their notification if  the Community has not made known its opposition to these; whereas it should therefore be stipulated  that the Community vote concerning such instruments should be preceded by a decision adopted in  accordance with the same procedure as that applying to the conclusion of the Agreement, if those  instruments do not constitute a simple adaptation to technical progress; Whereas, however, assuming that the adoption of a regulation of this type merely constitutes an  adaptation to technical progress, the Community vote may be decided upon by the Commission,  assisted by a committee consisting of representatives of the Member States; Whereas, in view of its technical nature, the Community position concerning the preparation of the  'regulations` may be established by the Commission; Whereas the Agreement provides for a simplified procedure for its amendment; whereas a form of  decision-making at Community level should be instituted which takes account of the constraints of  that procedure; Whereas, as required by the Revised Agreement any new contracting party has the option, when  lodging its instruments of accession, of declaring concomitantly that it intends not to be bound by  certain UN/ECE regulations; whereas that contracting party shall give details; whereas the  Community wishes to make use of that provision in order (a) to accede immediately to the list of  regulations considered to be essential to the proper functioning of the vehicle approval system, as  defined earlier in Directive 92/53/EEC  (1) and (b) in view of their importance as regards the  approval of vehicles at Community level and, likewise, at international level to examine the scope  for subsequently acceding to other regulations on a case-by-case basis; Whereas that accession does not prejudice the option of repealing the regulations set out in the  list accepted by the Community, as provided for in Article 1 (6) of the Revised Agreement; Whereas, where the Community accedes not to all of the UN/ECE regulations, but to a defined list of  regulations considered essential to the proper functioning of the vehicle approval procedure, those  Member States subscribing to the regulations to which the Community does not accede should be  permitted to continue to manage and develop these in accordance with a procedure applying to prior  notification of the Commission, in order to forestall incompatibility with the Community vehicle  approval system; Whereas, pursuant to Article 234 of the Treaty, Member States shall ensure that there is currently  no incompatibility between the UN/ECE regulations signed earlier, but to which the Community is not  acceding, and the corresponding current Community regulations, HAS ADOPTED THE FOLLOWING DECISION: Article 1 The European Community shall accede to the Revised 1958 United  Nations Economic Commission for Europe Agreement concerning the adoption of uniform conditions of  approval and reciprocal recognition of approval for motor vehicle equipment and parts. The wording of the Revised Agreement is appended to this Decision. Article 2 The President of the Council shall be authorized to designate the person empowered to  lodge the instrument of accession as required by Article 6 (3) of the Revised Agreement following  the entry into force of that Agreement. Article 3 1.  Pursuant to Article 1 (5) of the Revised Agreement the European Community shall  state that its accession will be restricted to implementation of the UN/ECE regulations listed in  Annex I to this Decision. 2.  Pursuant to Article 1 (6) of the Revised Agreement the Community may, in accordance with the  provisions of Article 113 of the Treaty, decide to repeal a UN/ECE regulation that it has  previously accepted. Article 4 1.  The Community's position with regard to the preparation of the UN/ECE regulations  shall be established by the Commission. 2.  The Community shall vote in favour of adopting any draft UN/ECE regulation or a draft amendment  to a regulation- where, if an existing regulation is being adapted to technical progress, the  draft has been approved in accordance with the procedure set out in Article 13 of Directive  70/156/EEC as amended by Directive 92/53/EEC  (2), - in all other instances, where on a proposal from the Commission and on receiving the assent of  the European Parliament, the Council has approved the draft by a qualified majority; 3.  On the assumption that the Community votes in favour of a regulation or amendment to a  regulation, the decision shall also state whether that regulation or amendment is mandatory or  optional within the European Union, depending upon the vehicle category to which it applies. 4.  The Commission shall then amend Annex IV to Directive 70/156/EEC, together with the separate  directives concerned, as appropriate. Article 5 1.  The proposed amendments to the Agreement submitted to the contracting parties on  behalf of the Community shall be adopted by the Council acting on a qualified majority, on a  proposal from the Commission and having received the assent of the European Parliament. 2.  The decision whether to raise an objection, or otherwise, to the proposed amendments to the  Agreement put forward by other contracting parties shall be taken in accordance with the procedure  followed in order to conclude this Agreement. Where that procedure has not been completed a week  before expiry of the deadline provided for in Article 13 (2) of the Agreement the Commission will  state an objection to the amendment, on behalf of the Community, before that deadline expires. Article 6 1.  Those Member States subscribing to the regulations to which the Community does not  accede may continue to manage and develop these by adopting amendments reflecting technical  progress. However, a Member State shall give prior notice thereof to the Commission, which will  satisfy itself that there is no incompatibility in the longer term with the Community approval  system and with the Community's aims in this area. On this assumption the Commission may, within a  period of six months following notification and in accordance with the procedure provided for in  Article 13 of Directive 92/53/EEC, decide to suspend the involvement of those Member States in the  work in progress on the regulation or regulations concerned. 2.  Likewise, any new draft acceptance, by a Member State, of a regulation to which the Community  has not acceded shall be subject to prior notification of the Commission which, within a six-month  period, may decide to block that intention in accordance with the procedure set out in Article 13  of Directive 92/53/EEC. (1) Annex IV, part II, to Directive 92/53/EEC.  (2) OJ No L 225, 10. 8. 1992, p. 1.   ANNEX 1. With regard to motor vehicles, the European Community intends to restrict its  accession to the revised 1958 Agreement to the recognition and approval of the UN/ECE regulations  set out in the following list. >TABLE>Apart from those concerning pollutant and noise emissions, the UN/ECE regulations  listed above, replace the technical annexes to the relevant separate EC Directives where the latter  possess the same scope. However, the additional Directive provisions, such as those concerning  fitting requirements or the approval procedure, remain in force where compatible with the  provisions of the UN/ECE regulations. In line with the provisions of Directive 70/156/EEC, the UN/ECE regulations set out in the list  above will become mandatory on 1 January 1996 in respect of the M1 categories. The implementation of the UN/ECE regulations on pollutant and noise emissions remains optional  within the Union. Thus the Community undertakes to accept a vehicle from a non-member country that  complies with those regulations, while the Community Directives on pollutant and noise emissions  continue to be the only form of regulation to be applied by the Member States of the Community when  type approval is granted in that area. Moreover, it is clear that, assuming that the UN/ECE  regulations differ from the relevant directives, the Community may decide to extricate itself from  its reciprocal-recognition obligation in this area by withdrawing from the UN/ECE regulation(s)  concerned, in line with Article 1 (6) of the Revised Agreement and Article 3 of this Decision. 2. The Community is restricting its accession, in respect of two or three-wheel motor vehicles, to  the following list of UN/ECE regulations, in the version covered by the successive amendments in  force on the date of accession of the Community: - Regulation No 53 concerning the installation of lighting and light signalling devices, - Regulation No 60 on controls activated by the driver, including identification of the controls,  warning lights and indicators, - Regulation No 74 on the installation of lighting and light-signalling devices, - Regulation No 78 on the braking of category-L vehicles. These regulations replace the technical annexes to the relevant separate EC Directives, where the  latter have the same scope. However, the additional provisions of the Directives, such as those  concerning fitting requirements or the approval procedure, will remain in force where they are  compatible with the provisions of the UN/ECE regulations.