CELEX: 52014PC0314
Language: en
Date: 2014-06-04
Title: Proposal for a COUNCIL DECISION establishing the position to be adopted on the Union's behalf in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 13, 13H, 14, 29, 44, 49, 51, 54, 75, 83, 90, 101, 106, 121, 127, the UN Regulation on Retrofit Emission Control (REC) devices for heavy duty vehicles and the UN Consolidated Resolution on the Construction of Vehicles (R.E.3)

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		52014PC0314
		
			Proposal for a COUNCIL DECISION establishing the position to be adopted on the Union's behalf in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 13, 13H, 14, 29, 44, 49, 51, 54, 75, 83, 90, 101, 106, 121, 127, the UN Regulation on Retrofit Emission Control (REC) devices for heavy duty vehicles and the UN Consolidated Resolution on the Construction of Vehicles (R.E.3) /* COM/2014/0314 final - 2014/0162 (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.
In accordance with 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[1] (“Revised 1958
Agreement”), and in accordance with 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[2]
("Parallel Agreement"), the Union acceded to the Parallel Agreement.
The meetings of UNECE WP29, the World Forum
for Harmonisation of Vehicle Regulations, are held three times in March, June
and November of each calendar year. In each meeting session new amendments to
existing UN 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 a contracting party to two 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 authorises
the Commission to vote on behalf of the 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 June 2014 WP29 meeting that will take place on 24 to 27 June 2014.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Technical Committee Motor Vehicles has
been consulted and the comments from Member State experts have been 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 UN
Regulations Nos 13, 13H, 14, 29, 44, 49, 51, 54, 75, 83, 90, 101, 106, 121,
127, the UN Regulation on Retrofit Emissions Control (REC) devices for heavy
duty vehicles, and the Consolidated Resolution on the Construction of Vehicles
(R.E.3).
·                        
Legal basis
The legal basis for this proposal is Article
114, in conjunction with Article 218(9) of the Treaty on the Functioning of the
European Union.
·                        
Subsidiarity principle
The vote in favour of international
instruments like proposals for amendments to UN Regulations and draft 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 entire Union market and even
the international market, instead of being customised to obtain national
type-approval for every single Member State.
This proposal therefore complies with the
subsidiarity principle.
·                        
Proportionality principle
This 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
The use of a Council Decision is required
by Article 218(9) TFEU in order to establish the positions to be adopted on the
Union’s behalf in a body set up by an international agreement.
2014/0162 (NLE)
Proposal for a
COUNCIL DECISION
establishing the position to be adopted on
the Union's behalf in the relevant Committees of the United Nations Economic
Commission for Europe as regards the proposals for amendments to UN Regulations
Nos 13, 13H, 14, 29, 44, 49, 51, 54, 75, 83, 90, 101, 106, 121, 127, the UN
Regulation on Retrofit Emission Control (REC) devices for heavy duty vehicles
and the UN Consolidated Resolution on the Construction of Vehicles (R.E.3)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 114, in
conjunction with Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       In accordance with Council Decision 97/836/EC[3], 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)       In accordance with Council Decision 2000/125/EC[4], 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[5]
replaced the approval systems of the Member States with a Union approval
procedure and established a harmonised framework containing administrative
provisions and general technical requirements for all new vehicles, systems,
components and separate technical units. That Directive incorporated UN
regulations in the EU type-approval system, either as requirements for
type-approval or as alternatives to Union legislation. Since the adoption of that
Directive, UN regulations have increasingly replaced Union legislation in the
framework of the EU type-approval.
(4)       In the light of experience and technical developments, the
requirements relating to certain elements or features covered by UN Regulations
Nos 13, 13H, 14, 29, 44, 49, 51, 54, 75, 83, 90, 101, 106, 121, 127, the UN
Regulation on Retrofit Emission Control (REC) devices for heavy duty vehicles
and the UN Consolidated Resolution on the Construction of Vehicles (R.E.3) need
to be adapted.
(5)       It is therefore necessary 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, as regards the
adoption of those UN acts,
HAS ADOPTED THIS DECISION:
Sole Article
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 on 24 to 27
June 2014 shall be to vote in favour of the UN acts listed in the Annex to this
Decision.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 346, 17.12.1997, p. 78.
[2]               OJ L 35, 10.2.2000, p. 12.
[3]               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).
[4]               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).
[5]               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) (OJ L 263,
9.10.2007, p. 1).
ANNEX
 Proposal for Supplement 12 to the 11 series of amendments to Regulation No. 13 (Heavy vehicle braking) || ECE/TRANS/WP.29/2014/45 
 Proposal for Supplement 16 to Regulation No. 13-H (Brakes of M1 and N1 vehicles) || ECE/TRANS/WP.29/2014/46 
 Proposal for Supplement 6 to the 07 series of amendments to Regulation No. 14 (Safety-belt anchorages) || ECE/TRANS/WP.29/2014/34 
 Proposal for Supplement 2 to the 03 series of amendments to Regulation No. 29 (Cabs of commercial vehicles) || ECE/TRANS/WP.29/2014/35 
 Proposal for Supplement 8 to the 04 series of amendments to Regulation No. 44 (Child restraint systems) || ECE/TRANS/WP.29/2014/36 
 Proposal for Supplement 7 to the 05 series and for Supplement 3 to the 06 series of amendments to Regulation No. 49 (Emissions of compression ignition and positive ignition (LPG and CNG) engines) || ECE/TRANS/WP.29/2014/39 
 Proposal for Supplement 10 to the 02 series of amendments to Regulation No. 51 (Noise of M and N categories of vehicles) || ECE/TRANS/WP.29/2014/44 
 Proposal for amendments to Regulation No. 51 (Noise of M and N categories of vehicles) || ECE/TRANS/WP.29/2011/64 
 Proposal for Supplement 19 to Regulation No. 54 (Tyres for commercial vehicles and their trailers) || ECE/TRANS/WP.29/2014/47 
 Proposal for Corrigendum 2 to Revision 3 to Regulation No. 54 (Tyres for commercial vehicles and their trailers) || ECE/TRANS/WP.29/2014/51 
 Proposal for Supplement 14 to Regulation No. 75 (Tyres for motorcycles/mopeds) || ECE/TRANS/WP.29/2014/48 
 Proposal for Supplement 4 to the 06 series of amendments to Regulation No. 83 (Emissions of M1 and N1 vehicles) || ECE/TRANS/WP.29/2014/40 
 Proposal for the 07 series of amendments to Regulation No. 83 (Emissions of M1 and N1 vehicles) || ECE/TRANS/WP.29/2014/41 WP.29-163-05 
 Proposal for Supplement 2 to the 02 series of amendments to Regulation No. 90 (Replacement brake linings) || ECE/TRANS/WP.29/2014/49 
 Proposal for Supplement 4 to the 01 series of amendments to Regulation No. 101 (CO2 emissions/fuel consumption) || ECE/TRANS/WP.29/2014/42 
 Proposal for Supplement 11 to Regulation No.106 (Tyres for agricultural vehicles) || ECE/TRANS/WP.29/2014/50 
 Proposal for the 01 series of amendments to Regulation No. 121 (Identification of controls, tell-tales and indicators) || ECE/TRANS/WP.29/2012/30 ECE/TRANS/WP.29/2012/30/Corr.1 
 Proposal for Supplement 1 to Regulation No. 127 (Pedestrian safety) || ECE/TRANS/WP.29/2014/37 
 Proposal for the 01 series of amendments to Regulation No. 127 (Pedestrian safety) || ECE/TRANS/WP.29/2014/38 
 Proposal for the 01 series of amendments to the draft Regulation on uniform provisions concerning the approval of Retrofit Emission Control (REC) devices for heavy duty vehicles || ECE/TRANS/WP.29/2014/43 
 Proposal for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3) || ECE/TRANS/WP.29/2014/52