CELEX: 52020PC0678
Language: en
Date: 2020-10-28
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts

EUROPEAN COMMISSION
            Brussels, 28.10.2020
            COM(2020) 678 final
            2020/0309(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the Decision establishing the position to be taken on the Union's behalf in the Joint Committee set up by the Agreement between the European Union and Japan for an Economic Partnership in connection with the envisaged adoption of a Decision of the Joint Committee concerning the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts.
            
            
               2.Context of the proposal
            
            
               2.1.The Agreement between the European Union and Japan for an economic Partnership
            
            
               The Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) aims to liberalise and facilitate trade and investment, as well as to promote a closer economic relationship between the Parties. The Agreement entered into force on 1 February 2019.
            
            
               2.2.The Joint Committee
            
            
               Article 22.1 (1) of the Agreement establishes the Joint Committee comprising representatives of both Parties. Article 22.1 (4) provides that in order to ensure that the Agreement operates properly and effectively, “the Joint Committee shall: 
            
            
               (a)adopt at its first meeting its rules of procedure; and 
            
            
               (b)adopt at its first meeting the Rules of Procedure of a Panel and the Code of Conduct for Arbitrators as referred to in Article 21.30, as well as the Mediation Procedure as referred to in paragraph 2 of Article 21.6.” 
            
            
               According to Article 22.2 (3), all decisions and recommendations of the Joint Committee shall be taken by consensus. 
            
            
               2.3.The envisaged act of Joint Committee 
            
            
               In order to take into consideration the regulatory development that took place in Japan and in the EU as regards the implementation of UNECE regulations, it is proposed that the Joint Committee adopts a decision amending Appendices 2-C-1 and 2-C-2 of Annex 2-C of the Agreement. The modifications consist into including UNECE Regulations 53, 85, 145 and 146 in Appendix 2-C-1, and remove UNECE Regulations 53 and 85 from Appendix 2-C-2.
            
            
               The envisaged act will become binding on the parties in accordance with Article 22.2(1) of the Agreement, which provides: ‘The Joint Committee may take decisions where provided for in this Agreement. The decisions taken shall be binding on the Parties. Each Party shall take the measures necessary to implement the decisions taken.’
            
            
               3.Position to be taken on the Union's behalf
            
            
               This proposal for a Council Decision establishes the position to be taken on the Union's behalf in the Joint Committee set up by the Agreement regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement.
            
            
               Based on the assessment of the first Working Group on Motor Vehicles and Parts, the Parties agreed on recommending to the Joint Committee to adopt a decision amending the appendices above mentioned in order to reflect the progress achieved in the United Nations Economic Commission for Europe (UNECE) regulatory discussions since the signing of the Agreement.
            
            
               The inclusion of those additional UN regulations in the relevant Appendices would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties.
            
            
               4.Legal basis
            
         
         
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’
                  1
               .
            
            
               4.1.2.Application to the present case
            
            
               The Joint Committee is a body set up by an agreement, namely the Agreement between the European Union and Japan for an Economic Partnership.
            
            
               The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 22.2 of the Agreement.
            
            
               The envisaged act does not supplement or amend the institutional framework of the Agreement.
            
            
               Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to the common commercial policy.
            
            
               Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision is Article 207 TFEU in conjunction with Article 218(9) TFEU.
            
            
               5.Publication of the envisaged act
            
            
               As the act of the Joint Committee will amend Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
            
            
               2020/0309 (NLE)
            
         
         
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) entered into force on 1 February 2019
                  2
               . 
            
            
               (2)Annex 2-C on Motor Vehicles and Parts to the Agreement provides in Appendix 2-C-1 a list of UN Regulations applied by both Parties and in Appendix 2-C-2 a list of UN Regulations applied by one of the Parties and not yet considered by the other Party. 
            
            
               (3)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 Parties apply additional UN Regulations that were not originally listed in Appendices 2-C-1 and 2-C-2. The inclusion of those additional UN regulations in the relevant Appendices would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties,
            
            
               (4)Pursuant to Article 23.2(3) and 23.2 (4)(b) of the Agreement, in accordance with the respective domestic legal procedures of the Parties, the Joint Committee may adopt decisions to amend Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement. 
            
            
               (5)It is legally required to establish the position to be taken on the Union's behalf in the Joint Committee, as the envisaged decision of the Joint Committee will be binding on the Union.
            
            
               (6)The Decision of the Joint Committee will amend the Agreement; therefore it is appropriate for that Decision to be published in the Official Journal of the European Union after its adoption by the Joint Committee,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position for the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C to the Agreement to be taken on the Union's behalf in the Joint Committee is set out in the Annex.
            
            
               Article 2
            
            
               This Decision is addressed to the Commission.
            
            
               Article 3
            
            
               The Decision of the Joint Committee shall be published in the Official Journal of the European Union.
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64. 
               
               
                  
                     (2)
                  
                        OJ L 330, 27.12.2018, p. 1-2.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 28.10.2020
            COM(2020) 678 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
            
               
         
         
            
               DRAFT
            
            
               DECISION No 3/2020 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP 
            
            
               of [date]
            
            
               on the amendment of Appendices 2-C-1 and 2-C-2 of Annex 2-C on Motor Vehicles and Parts 
            
            
               THE JOINT COMMITTEE, 
            
            
               Having regard to the Agreement between the European Union and Japan for an Economic Partnership (hereinafter referred to as “the Agreement”), and in particular paragraphs 3 and 4(b) of Article 23.2 and paragraph 1 of Article 9 of Annex 2-C of 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 (hereinafter referred to as “the Parties”) apply additional UN Regulations that were not originally listed in Appendices 2-C-1 and 2-C-2. The inclusion of those additional UN Regulations in Appendix 2-C-1 would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties.
            
            
               (2)Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11th November 2019, it has been confirmed to amend Appendix 2-C-1 by including UNECE Regulations 53, 85, 145 and 146, and to amend Appendix 2-C-2 by delisting UNECE Regulations 53 and 85. 
            
            
               (3)The Parties have already completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement; and therefore envisage to exchange the diplomatic notes confirming the Decision within 15 days following the adoption. 
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               1.Appendix 2-C-1 of the Agreement is hereby replaced by the text of Annex 1 to this Decision. 
            
            
               2.Appendix 2-C-2 of the Agreement is hereby replaced by the text of Annex 2 to this Decision.
            
            
               Article 2
            
            
               This Decision is drawn up in duplicate 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 and enter into force upon the exchange of diplomatic notes 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 the exchange of those diplomatic notes. 
            
            
               Done at …,
            
         
         
            
                     
                        For the Joint Committee of the Agreement 
                     
                  
               
                     
                        Co-Chair [of Japan]
                     
                  
                  
                     
                        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
                     
                  
               
               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
                           2
                        
                     
                  
               
                     
                        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)
                  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.
                        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: (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 
               
               
                  
                     (2)
                  
                        Dates to be agreed in accordance with paragraph 2 of Article 5 of this Annex.