CELEX: 52015PC0248
Language: en
Date: 2015-06-03
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 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83, 95, 100, 101, 107, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle safety of category L and on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3)

EUROPEAN
                               COMMISSION
                                                       Brussels, 3.6.2015
                                                       COM(2015) 248 final
                                                       2015/0124 (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 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83,
      95, 100, 101, 107, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle
        safety of category L and on amendments to the Consolidated Resolution on the
                                 Construction of Vehicles (R.E.3)
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 ---pagebreak---                                 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 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. 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 June 2015 WP29 meeting
   that will take place on 23 to 26 June 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 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83, 95, 100, 101, 107, 109, 117, 134 and 135, on a
EN                                                 2                                              EN
 ---pagebreak---    new UN Regulation on electric vehicle safety of category L and on amendments to 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 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.
EN                                                3                                               EN
 ---pagebreak---                                                                    2015/0124 (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 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83,
     95, 100, 101, 107, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle safety
     of category L and on amendments to the 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/EC1, 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/EC2, 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 Council3 replaced the
           approval systems of the Member States with a Union approval procedure and established
           a harmonised framework containing administrative provisions and general technical
   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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 ---pagebreak---           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 14, 17, 28, 29, 41, 49, 51, 54, 59,
          80, 83, 95, 100, 101, 107, 109, 117, 134 and 135, and by the Consolidated Resolution on
          the Construction of Vehicles (R.E.3) need to be adapted.
   (5)    In order to harmonise the relevant safety provisions for the type-approval of motor
          vehicles, the new UN Regulation on electric vehicles of category L should be adopted.
          Also, amendments to the Consolidated Resolution on the Construction of Vehicles
          (R.E.3) needs to be adopted to reflect technical progress
   (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 on 23 to 26
   June 2015 shall be to vote in favour of the UN acts 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
                                                 Donald Tusk
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 ---documentbreak---                              EUROPEAN
                             COMMISSION
                                                      Brussels, 3.6.2015
                                                      COM(2015) 248 final
                                                      ANNEX 1
                                            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. 14, 17, 28, 29, 41, 49, 51, 54, 59, 80,
   83, 95, 100, 101, 107, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle
       safety of category L and on amendments to the Consolidated Resolution on the
                                Construction of Vehicles (R.E.3)
EN                                                                                          EN
 ---pagebreak---                                                       ANNEX
   Proposal for Supplement 6 to the 07 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/46
   14 (Safety-belt anchorages)
   Proposal for Supplement 3 to the 08 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/47
   17 (Seat strength)
   Proposal for Supplement 4 to the original series of amendments to Regulation
                                                                                ECE/TRANS/WP.29/2015/60
   No. 28 (Audible warning devices)
   Proposal for Supplement 3 to the 03 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/48
   29 (Cabs of commercial vehicles)
   Proposal for Supplement 3 to the 04 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/61
   41 (Noise emissions of motorcycles)
   Proposal for Supplement 3 to the 06 series of amendments to Regulation No.
   49 (Emissions of compression ignition and positive ignition (LPG and CNG)    ECE/TRANS/WP.29/2015/55
   engines)
   Proposals for the 03 series of amendments to Regulation No. 51 (Noise of M
                                                                                ECE/TRANS/WP.29/2015/62
   and N categories of vehicles)
   Proposal for Supplement 20 to Regulation No. 54 (Tyres for commercial
                                                                                ECE/TRANS/WP.29/2015/66
   vehicles and their trailers)
   Proposal for Supplement 1 to the 02 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/63
   59 (Replacement silencing systems)
   Proposal for Supplement 1 to the 03 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/49
   80 (Strength of seats and their anchorages (buses))
   Proposal for Supplement 5 to the 06 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/56
   83 (Emissions of M1 and N1 vehicles)
   Proposal for Supplement 1 to the 07 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/57
   83 (Emissions of M1 and N1 vehicles)
   Proposal for 5 to the 03 series of amendments to Regulation No. 95 (Lateral
                                                                                ECE/TRANS/WP.29/2015/50
   collision)
   Proposal for Supplement 4 to the 01 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/51
   100 (Battery electric vehicle safety)
   Proposal for Supplement 2 to the 02 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/52
   100 (Battery electric vehicle safety)
   Proposal for Supplement 5 to the 01 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/58
   101 (CO2 emissions/fuel consumption)
   Proposal for Supplement 2 to the 06 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2014/77
   107 (M2 and M3 vehicles)
   Proposal for Supplement 7 to the original version of Regulation No. 109
                                                                                ECE/TRANS/WP.29/2015/67
   (Retreaded pneumatic tyres for commercial vehicles and their trailers)
   Proposal for Supplement 8 to the 02 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/65
   117 (Tyre rolling resistance, rolling noise and wet grip)
   Proposal for Supplement 1 to Regulation No. [134] (Hydrogen and fuel cell
                                                                                ECE/TRANS/WP.29/2015/53
   vehicles (HFCV))
   Proposal for Supplement 1 to Regulation No. [135] (Pole Side Impact (PSI))   ECE/TRANS/WP.29/2015/54
   Proposal for Supplement 1 to the 01 series of amendments to Regulation No.
                                                                                ECE/TRANS/WP.29/2015/71
   [135] (Pole Side Impact (PSI))
   Draft Regulation on electric vehicle safety of category L                    ECE/TRANS/WP.29/2015/69
   Proposal for amendments to the Consolidated Resolution on the Construction
                                                                                ECE/TRANS/WP.29/2015/35
   of Vehicles (R.E.3)
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