CELEX: 22021D0110
Language: en
Date: 2021-01-25 00:00:00
Title: Decision No 2/2021 of the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership of 25 January 2021 on the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts [2021/110]

1.2.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 35/42
               
            
         DECISION No 2/2021 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP
         of 25 January 2021
         on the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts [2021/110]
         THE JOINT COMMITTEE,
         Having regard to the Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’), and in particular paragraph 3 and subparagraph 4(b) of Article 23.2 thereof and paragraph 1 of Article 9 of Annex 2-C to the Agreement,
         Whereas:
         
                     (1)
                  
                  
                     Since the signing of the Agreement and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the European Union and Japan (‘the Parties’) now apply two additional UN Regulations that were not listed in Appendix 2-C-1 to Annex 2-C to the Agreement. Furthermore, two UN Regulations that were listed in Appendix 2-C-2 to Annex 2-C to the Agreement are now applied by both Parties and are to be transferred to Appendix 2-C-1. Appendices 2-C-1 and 2-C-2 should therefore be updated in accordance with Article 9 of Annex 2-C to the Agreement. Such an update will increase the legal certainty for economic operators as regards the regulatory framework for the preferential trade relations between the Parties.
                  
               
                     (2)
                  
                  
                     Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11 November 2019, it has been confirmed to amend Appendix 2-C-1 by including UN Regulations 53, 85, 145 and 146 and to amend Appendix 2-C-2 by delisting UN Regulations 53 and 85.
                  
               
                     (3)
                  
                  
                     The Parties have already completed their domestic legal procedures necessary for adoption of this Decision. They intend to exchange the diplomatic notes confirming this Decision within 15 days following its adoption,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            
               1.   Appendix 2-C-1 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 1 to this Decision.
            
            
               2.   Appendix 2-C-2 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 2 to this Decision.
            
         
         
            Article 2
            This Decision is drawn up in duplicate. Article 1 and Annexes are drawn up in the authentic languages of the Agreement provided for in paragraph 1 of Article 23.8 of the Agreement, all texts being equally authentic.
         
         
            Article 3
            This Decision shall be confirmed by the exchange of diplomatic notes between the European Union and the Government of Japan in accordance with paragraph 3 of Article 23.2 of the Agreement. This Decision shall enter into force on the first day of the month following that exchange of diplomatic notes.
         
         
            
               
                  For the Joint Committee of the Agreement
               
               Toshimitsu MOTEGI
               
                  Co-Chair [of Japan]
               
            
            
               Valdis DOMBROVSKIS
               
                  Co-Chair [of the EU]
               
            
         
      
      
         
            ANNEX 1
            
               
                  
                     ‘APPENDIX 2-C-1
                     UN REGULATIONS APPLIED BY BOTH PARTIES
                     
                                 Regulation No
                              
                              
                                 Title
                              
                           
                                 3
                              
                              
                                 Uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers
                              
                           
                                 4
                              
                              
                                 Uniform provisions concerning the approval of devices for the illumination of rear registration plates of power-driven vehicles and their trailers
                              
                           
                                 6
                              
                              
                                 Uniform provisions concerning the approval of direction indicators for power-driven vehicles and their trailers
                              
                           
                                 7
                              
                              
                                 Uniform provisions concerning the approval of front and rear position lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers
                              
                           
                                 10
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility
                              
                           
                                 11
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components
                              
                           
                                 12
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact
                              
                           
                                 13
                              
                              
                                 Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking
                              
                           
                                 13-H
                              
                              
                                 Uniform provisions concerning the approval of passenger cars with regard to braking
                              
                           
                                 14
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to safety-belt anchorages, ISOFIX anchorages systems, ISOFIX top tether anchorages and i-Size seating positions
                              
                           
                                 16
                              
                              
                                 Uniform provisions concerning the approval of:
                                 
                                             I.
                                          
                                          
                                             Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles
                                          
                                       
                                             II.
                                          
                                          
                                             Vehicles equipped with safety-belts, safety-belt reminder, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems
                                          
                                       
                           
                                 17
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints
                              
                           
                                 19
                              
                              
                                 Uniform provisions concerning the approval of power-driven vehicle front fog lamps
                              
                           
                                 21
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to their interior fittings
                              
                           
                                 23
                              
                              
                                 Uniform provisions concerning the approval of reversing and manoeuvring lamps for power-driven vehicles and their trailers
                              
                           
                                 25
                              
                              
                                 Uniform provisions concerning the approval of head restraints (headrests), whether or not incorporated in vehicle seats
                              
                           
                                 26
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to their external projections
                              
                           
                                 27
                              
                              
                                 Uniform provisions concerning the approval of advance warning triangles
                              
                           
                                 28
                              
                              
                                 Uniform provisions concerning the approval of audible warning devices and of motor vehicles with regard to their audible signals
                              
                           
                                 30
                              
                              
                                 Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers
                              
                           
                                 34
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the prevention of fire risks
                              
                           
                                 37
                              
                              
                                 Uniform provisions concerning the approval of filament lamps for use in approved lamp units of power-driven vehicles and of their trailers
                              
                           
                                 38
                              
                              
                                 Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailers
                              
                           
                                 39
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the speedometer and odometer equipment including its installation
                              
                           
                                 41
                              
                              
                                 Uniform provisions concerning the approval of motor cycles with regard to noise
                              
                           
                                 43
                              
                              
                                 Uniform provisions concerning the approval of safety glazing materials and their installation on vehicles
                              
                           
                                 44
                              
                              
                                 Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles (“Child Restraint Systems”)
                              
                           
                                 45
                              
                              
                                 Uniform provisions concerning the approval of headlamp cleaners, and of power-driven vehicles with regard to headlamp cleaners
                              
                           
                                 46
                              
                              
                                 Uniform provisions concerning the approval of devices for indirect vision and of motor vehicles with regard to the installation of these devices
                              
                           
                                 48
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices
                              
                           
                                 50
                              
                              
                                 Uniform provisions concerning the approval of front position lamps, rear position lamps, stop lamps, direction indicators and rear-registration-plate illuminating devices for vehicles of category L
                              
                           
                                 51
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their sound emissions
                              
                           
                                 53
                              
                              
                                 Uniform provisions concerning the approval of category L3 vehicles with regard to the installation of lighting and light-signalling devices
                              
                           
                                 54
                              
                              
                                 Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers
                              
                           
                                 58
                              
                              
                                 Uniform provisions concerning the approval of:
                                 
                                             I.
                                          
                                          
                                             Rear underrun protective devices (RUPDs)
                                          
                                       
                                             II.
                                          
                                          
                                             Vehicles with regard to the installation of an RUPD of an approved type
                                          
                                       
                                             III.
                                          
                                          
                                             Vehicles with regard to their rear underrun protection (RUP)
                                          
                                       
                           
                                 60
                              
                              
                                 Uniform provisions concerning the approval of two-wheeled motor cycles and mopeds with regard to driver-operated controls including the identification of controls, tell-tales and indicators
                              
                           
                                 62
                              
                              
                                 Uniform provisions concerning the approval of power-driven vehicles with handlebars with regard to their protection against unauthorized use
                              
                           
                                 64
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to their equipment which may include: a temporary-use spare unit, run-flat tyres and/or a run-flat system, and/or a tyre pressure monitoring system
                              
                           
                                 66
                              
                              
                                 Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure
                              
                           
                                 70
                              
                              
                                 Uniform provisions concerning the approval of rear marking plates for heavy and long vehicles
                              
                           
                                 75
                              
                              
                                 Uniform provisions concerning the approval of pneumatic tyres for L-category vehicles
                              
                           
                                 77
                              
                              
                                 Uniform provisions concerning the approval of parking lamps for power-driven vehicles
                              
                           
                                 78
                              
                              
                                 Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4 and L5 with regard to braking
                              
                           
                                 79
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to steering equipment
                              
                           
                                 80
                              
                              
                                 Uniform provisions concerning the approval of seats of large passenger vehicles and of these vehicles with regard to the strength of the seats and their anchorages
                              
                           
                                 81
                              
                              
                                 Uniform provisions concerning the approval of rear-view mirrors of two-wheeled power-driven vehicles with or without side car, with regard to the mounting of rear-view mirrors on handlebars
                              
                           
                                 85
                              
                              
                                 Uniform provisions concerning the approval of internal combustion engines or electric drive trains intended for the propulsion of motor vehicles of categories M and N with regard to the measurement of net power and the maximum 30 minutes power of electric drive trains
                              
                           
                                 87
                              
                              
                                 Uniform provisions concerning the approval of daytime running lamps for power-driven vehicles
                              
                           
                                 91
                              
                              
                                 Uniform provisions concerning the approval of side-marker lamps for motor vehicles and their trailers
                              
                           
                                 93
                              
                              
                                 Uniform provisions concerning the approval of:
                                 
                                             I.
                                          
                                          
                                             Front underrun protective devices (FUPDs)
                                          
                                       
                                             II.
                                          
                                          
                                             Vehicles with regard to the installation of an FUPD of an approved type
                                          
                                       
                                             III.
                                          
                                          
                                             Vehicles with regard to their front underrun protection (FUP)
                                          
                                       
                           
                                 94
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision
                              
                           
                                 95
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a lateral collision
                              
                           
                                 98
                              
                              
                                 Uniform provisions concerning the approval of motor vehicle headlamps equipped with gas-discharge light sources
                              
                           
                                 99
                              
                              
                                 Uniform provisions concerning the approval of gas-discharge light sources for use in approved gas-discharge lamp units of power-driven vehicles
                              
                           
                                 100
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to specific requirements for the electric power train
                              
                           
                                 104
                              
                              
                                 Uniform provisions concerning the approval of retro-reflective markings for vehicles of category M, N and O
                              
                           
                                 110
                              
                              
                                 Uniform provisions concerning the approval of:
                                 
                                             I.
                                          
                                          
                                             Specific components of motor vehicles using compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system
                                          
                                       
                                             II.
                                          
                                          
                                             Vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system
                                          
                                       
                           
                                 112
                              
                              
                                 Uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing-beam or a driving-beam or both and equipped with filament lamps and/or light-emitting diode (LED) modules
                              
                           
                                 113
                              
                              
                                 Uniform provisions concerning the approval of motor vehicle headlamps emitting a symmetrical passing-beam or a driving-beam or both and equipped with filament, gas-discharge light sources or LED modules
                              
                           
                                 116
                              
                              
                                 Uniform provisions concerning the protection of motor vehicles against unauthorized use
                              
                           
                                 117
                              
                              
                                 Uniform provisions concerning the approval of tyres with regard to rolling sound emissions and/or to adhesion on wet surfaces and/or to rolling resistance
                              
                           
                                 119
                              
                              
                                 Uniform provisions concerning the approval of cornering lamps for power-driven vehicles
                              
                           
                                 121
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to the location and identification of hand controls, tell-tales and indicators
                              
                           
                                 123
                              
                              
                                 Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles
                              
                           
                                 125
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver
                              
                           
                                 127
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles with regard to their pedestrian safety performance
                              
                           
                                 128
                              
                              
                                 Uniform provisions concerning the approval of light emitting diode (LED) light sources for use in approved lamp units on power-driven vehicles and their trailers
                              
                           
                                 129
                              
                              
                                 Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles (ECRS)
                              
                           
                                 130
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles with regard to the Lane Departure Warning System (LDWS)
                              
                           
                                 131
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles with regard to the Advanced Emergency Braking Systems (AEBS)
                              
                           
                                 134
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of Hydrogen-Fuelled Vehicles (HFCV) (1)
                                 
                              
                           
                                 135
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to their Pole Side Impact performance (PSI)
                              
                           
                                 136
                              
                              
                                 Uniform provisions concerning the approval of vehicles of category L with regard to specific requirements for the electric power train
                              
                           
                                 137
                              
                              
                                 Uniform provisions concerning the approval of passenger cars in the event of a frontal collision with focus on the restraint system
                              
                           
                                 138
                              
                              
                                 Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility
                              
                           
                                 139
                              
                              
                                 Uniform provisions concerning the approval of passenger cars with regard to Brake Assist Systems (BAS)
                              
                           
                                 140
                              
                              
                                 Uniform provisions concerning the approval of passenger cars with regard to Electronic Stability Control (ESC) systems
                              
                           
                                 141
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to their Tyre Pressure Monitoring Systems (TPMS)
                              
                           
                                 142
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles with regard to the installation of their tyres
                              
                           
                                 145
                              
                              
                                 Uniform provisions concerning the approval of vehicles with regard to ISOFIX anchorage systems, ISOFIX top tether anchorages and i-Size seating positions
                              
                           
                                 146
                              
                              
                                 Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of hydrogen-fuelled vehicles of categories L1, L2, L3, L4 and L5
                              
                           
               ’
            (1)
              For Japan, to the extent that the containers are marked in accordance with Article 46 of the High Pressure Gas Safety Act (Law No.204 of 1951) of Japan, the conditions to approve a vehicle type that has been approved by a type approval authority of the European Union in accordance with UN Regulation No.134 shall be as follows:
            
                        (a)
                     
                     
                        at the time of application pursuant to the High Pressure Gas Safety Act of Japan, the manufacturer or its legal representative in Japan shall present that:
                        
                                    (i)
                                 
                                 
                                    the material of the containers is equivalent to SUS F 316L specified under JIS (Japan Industrial Standard) G 3214; for the purpose of this subparagraph, the compliance with DIN1.4435 as of the date of entry into force of this Agreement is considered as fulfilling of this requirement;
                                 
                              
                                    (ii)
                                 
                                 
                                    “the Nickel Equivalent” (mass %) is more than 28.5; for the purposes of this subparagraph, “Nickel Equivalent” (mass %) is defined as: “12.6[C]+0.35[Si]+1.05[Mn]+[Ni]+0.65[Cr]+0.98[Mo]” and shall be proved by the Material Mill Sheet; and
                                 
                              
                                    (iii)
                                 
                                 
                                    the test result for “Reduction of Area” is more than 75 %; in case the test result is between 72 % and 75 %, the application will be examined taking into account “the Nickel Equivalent”; and
                                 
                              
                  
                        (b)
                     
                     
                        individual vehicles are subject to a 2-year periodic inspection for the hydrogen storage system in accordance with Articles 49 and 49-4 of the High Pressure Gas Safety Act of Japan and the system shall be removed after 15 years from the date of production.
                     
                  This footnote shall cease to have effect at the time when both Parties have completed the work in the Phase 2 of GTR No. 13 Global technical regulation on hydrogen and fuel cell vehicles and have applied the corresponding UN Regulation under the 1958 Agreement.
         
      
      
         
            ANNEX 2
            
               
                  
                     ‘APPENDIX 2-C-2
                     UN REGULATIONS APPLIED BY ONE OF THE PARTIES AND NOT YET CONSIDERED BY THE OTHER PARTY
                     
                                 Regulation No
                              
                              
                                 Title
                              
                              
                                 Date of application by the other Party  (1)
                                 
                              
                           
                                 73
                              
                              
                                 Uniform provisions concerning the approval of:
                                 
                                             I.
                                          
                                          
                                             Vehicles with regard to their lateral protection devices (LPD)
                                          
                                       
                                             II.
                                          
                                          
                                             Lateral protection devices (LPD)
                                          
                                       
                                             III.
                                          
                                          
                                             Vehicles with regard to the installation of LPD of an approved type according to Part II of this Regulation
                                          
                                       
                              
                                  
                              
                           
                                 126
                              
                              
                                 Uniform provisions concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non-original vehicle equipment
                              
                              
                                  
                              
                           
               ’
            
               (1)  Dates to be agreed in accordance with paragraph 2 of Article 5 of this Annex.