CELEX: 52015PC0537
Language: en
Date: 2015-10-22
Title: Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, the proposal for a new UN Regulation on frontal impact, the proposals for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3), and the proposal for a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions

EUROPEAN COMMISSION
            Brussels, 22.10.2015
            COM(2015) 537 final
            2015/0253(NLE)
            Proposal for a
            COUNCIL DECISION
            establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, the proposal for a new UN Regulation on frontal impact, the proposals for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3), and the proposal for a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions
            
               
         
         
            
               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 (“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 ("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 UN Regulations, amendments to existing UN Regulations or UN Global Technical Regulations (UN GTRs) are adopted in order to allow for technical progress. Prior to each WP29 meeting these amendments are adopted by one of the six working groups (GRs) 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. A Council Decision, referred to as "mega decision", containing the list of Regulations, amendments, supplements and corrigenda, is prepared each time and authorises the Commission to vote on behalf of the Union in each WP29 meeting.
            
            
               This Council Decision defines the Union's position in the voting of the Regulations, amendments, supplements and corrigenda submitted for vote in the November 2015 WP29 meeting that will take place on 9 to 13 November 2015.
            
            
               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 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, on a new UN Regulation on frontal impact, on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3), and on a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions.
            
            
               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 UN Regulations, 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 Council Decision authorises the Commission to vote on behalf of Union and is the proportionate instrument in accordance with Article 5(1) of Council Decision 97/836/EC in order to define a unified EU position at the UNECE with respect to the vote on the working documents proposed on the agenda of the WP29 meeting. Therefore, 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.
            
            
               2015/0253 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, the proposal for a new UN Regulation on frontal impact, the proposals for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3), and the proposal for a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions
            
            
               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
                  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’).
            
            
               (2)In accordance with 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’).
            
            
               (3)Directive 2007/46/EC of the European Parliament and of the Council
                  3
                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 been incorporated into 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 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, as well as Consolidated Resolution on the Construction of Vehicles (R.E.3) need to be adapted for technical progress.
            
            
               (5)In order to improve the relevant safety provisions for motor vehicles, a new UN Regulation on frontal impact should be adopted; in order to harmonise vehicle powertrain definitions, a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions should also be adopted.
            
            
               (6)It is therefore necessary to establish the position to be adopted on behalf of the Union 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:
            
            
               Article 1
            
            
               The position to be adopted on behalf of the Union in the Administrative Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel Agreement during the period from 9 to 13 November 2015 shall be to vote in favour of the proposals listed in the Annex to this Decision.
            
            
               Article 2
            
         
         
            
               This Decision shall enter into force on the date of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (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).
               
               
                  
                     (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).
               
               
                  
                     (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) (OJ L 263, 9.10.2007, p. 1).
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 22.10.2015
            COM(2015) 537 final
            ANNEX
            to the
            Proposal for a Council Decision
            establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos. Nos 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116, 127, on a new UN Regulation on frontal impact, on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3) and on a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions
            
               
         
         
            
               ANNEX
            
            
                     
                        Proposal for Supplement 4 to the 04 series of amendments to Regulation No. 12 (Steering mechanism)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/92
                     
                  
               
                     
                        Proposal for Supplement 6 to the 06 series of amendments to Regulation No. 16 (Safety-belts)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/93
                     
                  
               
                     
                        Proposal for Supplement 3 to the 03 series of amendments to Regulation No. 26 (External projections)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/82
                     
                  
               
                     
                        Proposal for the 01 series of amendments to Regulation No. 39 (Speedometer and odometer)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/83
                     
                  
               
                     
                        Proposal for Supplement 10 to the 04 series of amendments to Regulation No. 44 (Child restraint systems)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/94
                     
                  
               
                     
                        Proposal for Supplement 2 to the 04 series of amendments to Regulation No. 46 (Devices for indirect vision)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/84
                     
                  
               
                     
                        Proposal for the 03 series of amendments to Regulation No. 58 (Rear underrun protection)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/85
                     
                  
               
                     
                        Proposal for Supplement 3 to Regulation No. 61 (External projections of commercial vehicles) 
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/86
                     
                  
               
                     
                        Proposal for Corrigendum 1 to Supplement 8 to the 01 series of amendments to Regulation No. 74 (Installation of lighting and light-signalling devices (mopeds))
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/79
                     
                  
               
                     
                        Proposal for Supplement 11 to the 05 series of amendments to Regulation No. 83 (Emissions of M1 and N1 vehicles)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/100
                     
                  
               
                     
                        Proposal for Supplement 6 to the 06 series of amendments to Regulation No. 83 (Emissions of M1 and N1 vehicles);
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/101
                     
                  
               
                     
                        Proposal for Supplement 7 to the original version of Regulation No. 85 (Measurement of the net power)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/102
                     
                  
               
                     
                        Proposal for Supplement 6 to the 02 series of amendments to Regulation No. 94 (Frontal collision)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/95
                     
                  
               
                     
                        Proposal for 03 series of amendments to Regulation No. 94 (Frontal collision)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/96
                     
                  
               
                     
                        Proposal for Supplement 5 to the 03 series of amendments to Regulation No. 95 (Lateral collision)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/97
                     
                  
               
                     
                        Proposal for Supplement 8 to the 01 series of amendments to Regulation No. 97 (Vehicle alarm systems) 
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/87
                     
                  
               
                     
                        Proposal for Supplement 7 to the 01 series of amendments to Regulation No. 98 (Headlamps with gas-discharge light sources)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/80
                     
                  
               
                     
                        Proposal for Supplement 11 to Regulation No. 99 (Gas discharge light sources)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/81
                     
                  
               
                     
                        Proposal for Supplement 3 to the 02 series of amendments to Regulation No. 100 (Electric power trained vehicles)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/98
                     
                  
               
                     
                        Proposal for Supplement 6 to the 01 series of amendments to Regulation No. 101 (CO2 emissions/fuel consumption)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/103
                     
                  
               
                     
                        Proposal for Supplement 13 to Regulation No. 106 (Tyres for agricultural vehicles)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/109
                     
                  
               
                     
                        Proposal for Supplement 4 to the 06 series of amendments to Regulation No. 107 (General construction of buses and coaches)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/88
                     
                  
               
                     
                        Proposal for Supplement 4 to the 05 series of amendments to Regulation No. 107 (General construction of buses and coaches)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/104
                     
                  
               
                     
                        Proposal for Supplement 4 to the 01 series of amendments to Regulation No. 110 (Specific components for CNG/LNG)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/89
                     
                  
               
                     
                        Proposal for Supplement 5 to Regulation No. 116 (Vehicle alarm systems)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/91
                     
                  
               
                     
                        Proposal for 02 series of amendments to Regulation No. 127 (Pedestrian safety)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/99
                     
                  
               
                     
                        Proposal for a new Regulation on frontal impact with focus on restraint systems
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/105
                     
                  
               
                     
                        Proposal for 01 series of amendments to the new Regulation on frontal impact with focus on restraint systems
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/106
                     
                  
               
                     
                        Proposal for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3)
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/111
                     
                  
               
                     
                        Proposal for a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions
                     
                  
                  
                     
                        ECE/TRANS/WP.29/2015/110