CELEX: 52012PC0613
Language: en
Date: 2012-10-23
Title: Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the relevant Committees of the United Nations Economic Commission for Europe regarding the adaptation to technical progress of Regulations Nos 3, 4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to technical progress of Global Technical Regulations Nos 4 and 5 of the United Nations Economic Commission for Europe

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		52012PC0613
		
			Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the relevant Committees of the United Nations Economic Commission for Europe regarding the adaptation to technical progress of Regulations Nos 3, 4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to technical progress of Global Technical Regulations Nos 4 and 5 of the United Nations Economic Commission for Europe /* COM/2012/0613 final - 2012/0294 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
At international level, the United Nations
Economic Commission for Europe (UNECE) develops harmonised requirements,
intended to remove technical barriers to the trade in motor vehicles between
the Contracting Parties to the Revised 1958 Agreement and to ensure that such
vehicles offer a high level of safety and environmental protection.
By Council Decision 97/836/EC of 27
November 1997 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”)[1]
and By 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")[2] the Union has acceded to the
Parallel Agreement;
The meetings of UNECE WP29, the World Forum
for Harmonisation of Vehicle Regulations, are held three times per year in March,
June and November of each calendar year. In each meeting session new amendments
to existing UNECE Regulations or Global Technical Regulations are adopted in
order to allow for technical progress. Prior to each WP29 meeting these
amendments were adopted by one of the six working groups (GRs) that are active
under WP29.
Subsequently in a WP29 meeting the final
vote for adoption of the amendments, supplements and corrigenda takes place,
provided the quorum is reached and there is a qualified majority among
contracting parties. The EU is contracting party to 2 Agreements (1958 and 1998
Agreements) under WP29 and votes on behalf of the Member States. A Council Decision,
referred to as "mega decision" containing the list of amendments,
supplements and corrigenda, is prepared each time and permits the Commission to
vote on behalf of Member States in each WP29 meeting.
This Council Decision defines the Union's
position in the voting of the amendments, supplements and corrigenda submitted
for vote in the November 2012 WP29 meeting that takes place on 13 to 16 November
2012.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Technical Committee Motor Vehicles was
consulted on 08 October 2012 and the comments from Member State experts were
taken into account.
3.           LEGAL ELEMENTS OF THE PROPOSAL
·                        
Summary of the proposed action
The proposal defines the Union's position
in the voting of the amendments to UNECE Regulations Nos 3, 4, 6, 7, 10, 12, 14,
19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87,
90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121,
123 and 125, a corrigendum to Amendment 1 to Global Technical Regulation No. 4
and Amendment 1 to global technical regulation No. 5 of the UNECE.
·                        
Legal basis
In order to adapt for the specificities of
the Treaty on the Functioning of the European Union, the previously used legal
bases referred to in recitals 1 and 2 have been replaced by a direct reference
to Article 218(9), with the need for a modified preparation process for the
WP29 meetings and resulting in a changed legal format, which is a Council
Decision, rather than a Commission Decision used during the preparation process
in the last 14 years.
·                        
Subsidiarity principle
The vote in favour of international
instruments like draft UNECE Regulations and Global Technical Regulations and
their incorporation into the Union system for the type-approval of motor
vehicles can only be done by the Union. This does not only prevent
fragmentation of the Internal Market, but also ensures equal health and safety
standards across the Union. It also offers advantages of economies of scale:
products can be made for the whole Union market and even 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 principle
The proposal complies with the
proportionality principle as it does not go beyond what is necessary in order
to achieve the objectives of ensuring the proper functioning of the Internal
Market while at the same time providing for a high level of public safety and
protection.
·                        
Choice of instruments
Proposed instrument: Council Decision.
The use of a Council Decision is considered
to be appropriate as in line with the requirements of Article 218(9) TFEU.
2012/0294 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the
European Union within the relevant Committees of the United Nations Economic Commission
for Europe regarding the adaptation to technical progress of Regulations Nos 3,
4, 6, 7, 10, 12, 14, 16, 19, 23, 26, 31, 37, 38, 44, 45, 46, 48, 49, 50, 53,
58, 61, 67, 77, 83, 85, 87, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 110, 112,
113, 115, 116, 117, 119, 121, 123 and 125 and regarding the adaptation to
technical progress of Global Technical Regulations Nos 4 and 5 of the United
Nations Economic Commission for Europe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 114 and Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       By Council Decision
97/836/EC[3]
of 27 November 1997 the Union acceded to the Agreement of the United Nations
Economic Commission for Europe (“UNECE”) concerning the adoption of uniform
technical prescriptions for wheeled vehicles, equipment and parts which can be
fitted to and/or be used on wheeled vehicles and the conditions for reciprocal
recognition of approvals granted on the basis of these prescriptions (“Revised
1958 Agreement” );
(2)       By Decision 2000/125/EC[4] of 31 January 2000 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);
(3)       Directive 2007/46/EC of
the European Parliament and of the Council of 5 September 2007 establishing a
framework for the approval of motor vehicles and their trailers, and of
systems, components and separate technical units intended for such vehicles
(Framework Directive)[5]
replaced the Member States’ approval systems with a Union approval
procedure, establishing a harmonised framework containing the administrative
provisions and general technical requirements for all new vehicles, systems,
components and separate technical units. That Directive incorporated UNECE
Regulations in the EU vehicle type-approval system, either as requirements for
type-approval or as alternatives to Union legislation. Since the adoption of
Directive 2007/46/EC, UNECE Regulations have increasingly replaced Union
legislation in the framework of EU vehicle type-approval.
(4)       In the light of experience
and technical developments, the requirements relating to certain elements or
features covered by UNECE Regulations Nos 3, 4, 6, 7, 10, 12, 14, 19, 23, 26,
31, 37, 38, 44, 45, 46, 48, 49, 50, 53, 58, 61, 67, 77, 83, 85, 87, 90, 91, 94,
95, 96, 97, 98, 99, 100, 101, 110, 112, 113, 115, 116, 117, 119, 121, 123 and
125 and Global Technical Regulation Nos 4 and 5 of the UNECE need to be
adapted.
(5)       It is appropriate to establish
the position to be adopted on the Union's behalf in the Administrative
Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel
Agreement concerning the amendments to be made to the aforementioned UNECE
acts.
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the European
Union within the Administrative Committee of the Revised 1958 Agreement and the
Executive Committee of the Parallel Agreement on 13 to 16
of November 2012 shall be to vote in favour of the proposed amendments listed in
the Annex.
Article 2
This Decision shall enter into force on the
date of its notification.
Article 3
This Decision is addressed to the European
Commission.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX 
List referred to
in Article 1:
 Proposal for Supplement 13 to the 02 series of amendments to Regulation No. 3 (Retro-reflecting devices) || ECE/TRANS/WP.29/2012/62 
 Proposal for Supplement 16 to Regulation No. 4 (Illumination of rear registration plates) || ECE/TRANS/WP.29/2012/63 
 Proposal for Supplement 23 to the 01 series of amendments to Regulation No. 6 (Direction indicators) || ECE/TRANS/WP.29/2012/64 
 Proposal for Corrigendum 1 to Revision 5 of Regulation No. 6 (Direction indicators) || ECE/TRANS/WP.29/2012/110 
 Proposal for Supplement 21 to the 02 series of amendments to Regulation No. 7 (Position, stop and end-outline lamps) || ECE/TRANS/WP.29/2012/65 
 Proposal for Supplement 2 to the 04 series of amendments to Regulation No. 10 (Electromagnetic compatibility) || ECE/TRANS/WP.29/2012/66 
 Proposal for Supplement 2 to the 04 series of amendments to Regulation No. 12 (Steering mechanism) || ECE/TRANS/WP.29/2012/96 
 Proposal for Supplement 4 to the 07 series of amendments to Regulation No. 14 (Safety-belt anchorages) || ECE/TRANS/WP.29/2012/42 ECE/TRANS/WP.29/2012/97 
 Proposal for Supplement 3 to the 06 series of amendments to Regulation No. 16 (Safety-belts) || ECE/TRANS/WP.29/2012/43 
 Proposal for Supplement 4 to the 04 series of amendments to Regulation No. 19 (Front fog lamps) || ECE/TRANS/WP.29/2012/67 
 Proposal for Supplement 19 to Regulation No. 23 (Reversing lamps) || ECE/TRANS/WP.29/2012/68 
 Proposal for Supplement 2 to the 03 series of amendments to Regulation No. 26 (External projections of passenger cars) || ECE/TRANS/WP.29/2012/86 
 Proposal for Supplement 8 to the 02 series of amendments to Regulation No. 31 (Headlamps (halogen sealed beam (HSB)) || ECE/TRANS/WP.29/2012/69 
 Proposal for Supplement 40 to the 03 series of amendments to Regulation No. 37 (Filament lamps) || ECE/TRANS/WP.29/2012/70 
 Proposal for Supplement 16 to Regulation No. 38 (Rear fog lamps) || ECE/TRANS/WP.29/2012/71 
 Proposal for Supplement 6 to the 04 series of amendments to Regulation No. 44 (Child restraint systems) || ECE/TRANS/WP.29/2012/98 
 Proposal for Supplement 7 to the 01 series of amendments to Regulation No. 45 (Headlamp cleaners) || ECE/TRANS/WP.29/2012/72 
 Proposal for the 04 series of amendments to Regulation No. 46 (Devices for indirect vision) || ECE/TRANS/WP.29/2012/87 WP.29-158-08 
 Proposal for Supplement 10 to the 04 series of amendments to Regulation No. 48 (Installation of lighting and light-signalling devices) || ECE/TRANS/WP.29/2012/73 ECE/TRANS/WP.29/2012/73-Corr.1 
 Proposal for Supplement 3 to the 05 series of amendments to Regulation No. 48 (Installation of lighting and light-signalling devices) || ECE/TRANS/WP.29/2012/74 
 Proposal for Corrigendum 1 to Supplement 7 to the 04 series of amendments to Regulation No. 48 (Installation of lighting and light-signalling devices) || ECE/TRANS/WP.29/2012/111 
 Proposal for Supplement 1 to the 06 series of amendments to Regulation No. 49 (emissions of C.I. and P.I. (NG and LPG) engines) || ECE/TRANS/WP.29/2012/103 ECE/TRANS/WP.29/2012/103/Corr.1 
 Proposal for Supplement 16 to Regulation No. 50 (Position, stop, direction indicator lamps for mopeds and motorcycles) || ECE/TRANS/WP.29/2012/75 
 Proposal for Supplement 14 to the 01 series of amendments to Regulation No. 53 (Installation of lighting and light-signalling devices for L3 vehicles) || ECE/TRANS/WP.29/2012/76 
 Proposal for Supplement 3 to the 02 series of amendments to Regulation No. 58 (Rear underrun protection), || ECE/TRANS/WP.29/2012/88 
 Proposal for Supplement 2 to Regulation No. 61 (External projections of cab's rear panel) || ECE/TRANS/WP.29/2012/89 
 Proposal for Supplement 11 to the 01 series of amendments to Regulation No. 67 (LPG vehicles) || ECE/TRANS/WP.29/2012/90 
 Proposal for Supplement 15 to Regulation No. 77 (Parking lamps) || ECE/TRANS/WP.29/2012/77 
 Proposal for Supplement 3 to the 06 series of amendments to Regulation No. 83 (emissions of M1 and N1 vehicles) || ECE/TRANS/WP.29/2012/104 ECE/TRANS/WP.29/2012/105 
 Proposal for Corrigendum 2 to the 06 series of amendments to Regulation No. 83 (emissions of M1 and N1 vehicles) || ECE/TRANS/WP.29/2012/127 
 Proposal for Supplement 6 to Regulation No. 85 (measurement of the net power) || ECE/TRANS/WP.29/2012/106 
 Proposal for Supplement 16 to Regulation No. 87 (Daytime running lamps) || ECE/TRANS/WP.29/2012/78 
 Proposal for Corrigendum 1 to Revision 3 of regulation No. 90 (Replacement braking parts) Alignment of the English and French version of the Russian text || ECE/TRANS/WP.29/2012/117 
 Proposal for Supplement 14 to Regulation No. 91 (Side marker lamps) || ECE/TRANS/WP.29/2012/79 
 Proposal for Supplement 3 to the 02 series of amendments to Regulation No. 94 (Frontal collision) || ECE/TRANS/WP.29/2012/99 
 Proposal for Corrigendum 1 to Supplement 4 to the 01 series of amendments to Regulation No. 94 (Frontal collision protection) || ECE/TRANS/WP.29/2012/126 
 Proposal for Supplement 2 to the 03 series of amendments to Regulation No. 95 (Lateral collision) || ECE/TRANS/WP.29/2012/100 
 Proposal for Supplement 1 to the 03 series of amendments to Regulation No. 96 (diesel emissions (agricultural tractors)) || ECE/TRANS/WP.29/2012/107 
 Proposal for Supplement 7 to the 01 series of amendments to Regulation No. 97 (Vehicle alarm systems) || ECE/TRANS/WP.29/2012/91 
 Proposal for Supplement 4 to the 01 series of amendments to Regulation No. 98 (Headlamps with gas-discharge light sources) || ECE/TRANS/WP.29/2012/80 
 Proposal for Corrigendum 1 to Revision 3 of Regulation No. 98 (Headlamps with gas-discharge light sources) || ECE/TRANS/WP.29/2012/61 
 Proposal for Supplement 8 to Regulation No. 99 (Gas-discharge light sources) || ECE/TRANS/WP.29/2012/81 
 Proposal for Supplement 2 to the 01 series of amendments to Regulation No. 100 (Battery electric vehicle safety) || ECE/TRANS/WP.29/2012/101 
 Proposal for the 02 series of amendments to Regulation No. 100 (Battery electric vehicle safety) || ECE/TRANS/WP.29/2012/102 WP.29-158-06 
 Proposal for Supplement 2 to the 01 series of amendments to Regulation No. 101 (CO2 emissions/fuel consumption) || ECE/TRANS/WP.29/2012/108 
 Proposal for the 01 series of amendments to Regulation No. 110 (CNG equipment), || ECE/TRANS/WP.29/2012/92 
 Proposal for Supplement 4 to the 01 series of amendments to Regulation No. 112 (Headlamps emitting an asymmetrical passing beam) || ECE/TRANS/WP.29/2012/82 
 Proposal for Supplement 2 to the 01 series of amendments to Regulation No. 113 (Headlamps emitting a symmetrical passing beam) || ECE/TRANS/WP.29/2012/83 
 Proposal for Supplement 5 to Regulation No. 115 (LPG and CNG retrofit systems) || ECE/TRANS/WP.29/2012/109 
 Proposal for Supplement 4 to Regulation No. 116 (Anti-theft and alarm systems) || ECE/TRANS/WP.29/2012/93 
 Proposal for Supplement 2 to the 02 series of amendments to Regulation No. 117 (Tyres - Rolling resistance, rolling noise and wet grip) || ECE/TRANS/WP.29/2012/54 ECE/TRANS/WP.29/2012/55 WP.29-158-09 
 Proposal for Supplement 2 to the 01 series of amendments to Regulation No. 119 (Cornering lamps) || ECE/TRANS/WP.29/2012/84 
 Proposal for the 01 series of amendments to Regulation No. 121 (Identification of controls, tell-tales and indicators) || ECE/TRANS/WP.29/2012/30 
 Proposal for Supplement 8 to Regulation No. 121 (Identification of controls, tell-tales and indicators) || ECE/TRANS/WP.29/2012/94 
 Proposal for Supplement 4 to the 01 series of amendments to Regulation No. 123 (Adaptive front lighting systems (AFS)) || ECE/TRANS/WP.29/2012/85 
 Proposal for the 01 series of amendments to Regulation No. 125 (Forward field of vision of drivers) || ECE/TRANS/WP.29/2012/95 
 Proposal for Amendment 3 to Special Resolution No. 1 (S.R.1) || ECE/TRANS/WP.29/2012/115 
 Proposal for Amendment to R.E.3 (Consolidated Resolution on the Construction of Vehicles) || ECE/TRANS/WP.29/2012/114 
 Proposal for Corrigendum 2 to Amendment 1 to global technical regulation No. 4 (Worldwide harmonized Heavy-Duty Certification procedure (WHDC)) || ECE/TRANS/WP.29/2012/112 
 Proposal for Amendment 1 to global technical regulation No. 5 (World-wide harmonized Heavy Duty On-Board Diagnostic systems) (OBD) || ECE/TRANS/WP.29/2012/AC.3/30 ECE/TRANS/WP.29/2012/113 ECE/TRANS/WP.29/2012/118 
[1]               OJ L 346, 17.12.1997, p. 78.
[2]               OJ L 35, 10.2.2000, p.12.
[3]               OJ L 346, 17.12.1997, p. 78.
[4]               OJ L 35, 10.2.2000, p.12.
[5]               OJ L 263, 24.02.2011, p.1.