CELEX: 52012PC0607
Language: en
Date: 2012-10-22
Title: Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Administrative Committee of the United Nations Economic Commission for Europe concerning the draft Regulation on enhanced Child Restraint Systems

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		52012PC0607
		
			Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Administrative Committee of the United Nations Economic Commission for Europe concerning the draft Regulation on enhanced Child Restraint Systems /* COM/2012/0607 final - 2012/0291 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
·                        
Grounds for and objectives 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 and systems used
for such motor vehicles between the Contracting Parties to the Revised 1958
Agreement and to ensure that such vehicles and systems offer a high level of
safety and environmental protection.
The UNECE recently finalised a draft
Regulation on uniform provisions concerning the approval of Enhanced Child
Restraint Systems used on board of motor vehicles[1]. The objective of this draft
regulation is to establish a high level of safety for children transported in motor
vehicles while seated in such systems.
At EU level, Council Directive 91/671/EEC relating
to the compulsory use of safety belts and child-restraint systems in vehicles[2] in its Article 2 mandates the
use of appropriate child restraint systems in motor vehicles.
The present proposal aims at defining the
Union position with regard to the draft UNECE regulations on Enhanced Child
Restraint Systems and consequently to provide for the Union, represented by the
Commission, to vote in favour of this draft.
At a later stage, measures shall be taken
to enable for the draft UNECE regulation on Enhanced Child Restraint Systems to
be applied within the European Union for the type-approval of such systems as
well as the use of the systems by EU citizens.
·                        
General context
Regulation (EC) No 661/2009 of the European
Parliament and of the Council of 13 July 2009 concerning type-approval
requirements for the general safety of motor vehicles, their trailers and
systems, components and separate technical units intended therefor[3] lays down basic requirements
for the type-approval of Child Restraint Systems through direct reference to
UNECE Regulation No 44 – uniform provisions concerning the approval of
restraining devices for child occupants of power- driven vehicles (‘Child
Restraint Systems’)[4].
It was necessary to incorporate the direct reference to the specific
requirements for type-approval of Child Restraint Systems under UNECE and thus
also at the EU level.
Hence it is now envisaged for the Union to
vote in favour of the related draft UNECE Regulation on Enhanced Child
Restraint Systems in order to have common harmonised requirements at
international level which will facilitate international trade. This will enable
European companies to follow one set of requirements recognised worldwide, i.e.
in the countries Contracting Parties to the Revised 1958 UNECE Agreement,
related to the measures for the new generation of Child Restraint Systems .
·                        
Existing provisions in the area of the
proposal
Council Directive 77/541/EEC on the
approximation of the laws of the Member States relating to safety belts and
restraint systems of motor vehicles[5]
with regard to the requirements for Child Restraint Systems as laid down in its
Annex XVII. 
Council Directive 91/671/EEC relating to
the compulsory use of safety belts and child-restraint systems in vehicles,
including provisions for the use of Child Restraint Systems in motor vehicles.
Regulation (EC) No 661/2009 on General
Safety with regard to the direct reference to UNECE regulation No 44 – uniform provisions
concerning the approval of restraining devices for child occupants of power-
driven vehicles (‘Child Restraint Systems’).
·                        
Consistency with the other policies and
objectives of the Union
The proposal is in line with the objectives
of Directive 91/671/EEC on safety belt and child restraint use and is therefore
consistent with the EU objective to provide for a high level of road safety for
children transported in motor vehicles.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
 ·                         Consultation of interested parties 
 In developing the proposal the European Commission has consulted stakeholders. There has been general consultation through the UNECE informal working group on Child Restraint Systems under the Working Party on Passive Safety (GRSP) as well as dissemination of information and subsequent discussions in the Technical Committee – Motor Vehicles during the ongoing development of the draft. ·                         Impact assessment The European Commission had an impact assessment carried out for Regulation (EC) No 661/2009 which encompasses Child Restraint Systems. The provisions for Enhanced Child Restraint Systems are complementary. Further relevant analysis has been made available through the projects CASPER (Child Advanced Safety Project for European Roads) and EPOCh (Enable Protection for Older Children) of the Seventh Framework Programme which has been taken onboard by the informal working group on Child Restraint Systems under the Working Party on Passive Safety (GRSP) of UNECE. 
3.           LEGAL ELEMENTS OF THE
PROPOSAL
·                        
Summary of the proposed action
The proposal will enable the Union,
represented by the Commission, to vote in favour of the draft UNECE Regulations
on Enhanced Child Restraint Systems.
·                        
Legal basis
In order to adapt for the specificities of
the Treaty on the Functioning of the European Union, the previously used legal
basis referred to in recital 1 has been replaced by a direct reference to
Article 218(9), with the need for a modified preparation process for the WP29
meetings and resulting in a changed legal format, which is a Council Decision,
rather than a Commission Decision used during the preparation process in the
last 14 years.
·                        
Subsidiarity principle
Requirements for Child Restraint Systems
are already harmonised at EU level. The new provisions are complementary for
the new generation of Child Restraint Systems. The vote in favour of
international instruments like draft UNECE regulations and their incorporation into
the Union system for the type-approval of systems used in motor vehicles can
only be done by the Union. This does not only prevent fragmentation of the
Internal Market, but also ensures an equal level of safety standards across the
EU. It also offers advantages of economies of scale: products can be made for
the whole European market and even the international market, instead of being
customised to obtain national type-approval for every single Member State or
other territories under UNECE.
The proposal therefore complies with the
subsidiarity principle.
·                        
Proportionality principle
The proposal complies with the
proportionality principle as it does not go beyond what is necessary in order
to achieve the objectives of ensuring the proper functioning of the Internal
Market while at the same time providing for a high level of public safety and
protection.
·                        
Choice of instruments
Proposed instrument: Council Decision.
The use of a Council Decision is considered
to be appropriate as in line with the requirements of Article 218(9) TFEU.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the
Union budget.
2012/0291 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the
European Union within the Administrative Committee of the United Nations
Economic Commission for Europe concerning the draft Regulation on enhanced
Child Restraint Systems
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)       By Council Decision
97/836/EC[6],
the Union has 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)       The standardised
requirements of the draft UNECE Regulation on uniform provisions concerning the
approval of enhanced Child Restraint Systems used on board of motor vehicles[7] are intended to remove technical
barriers to the trade in motor vehicle‑related child restraint systems
between the Contracting Parties to the Revised 1958 Agreement and to ensure
that such systems offer a high level of safety and protection.
(3)       It is appropriate to establish
the position to be taken on the Union's behalf in the Administrative Committee
of the Revised 1958 Agreement concerning the adoption of that draft UNECE Regulation,
HAS ADOPTED THIS DECISION: 
Article 1 
The position to be taken by the European
Union, represented by the Commission, within the Administrative Committee of
the Revised 1958 Agreement shall be to vote in favour of the draft UNECE Regulation
on uniform provisions concerning the approval of enhanced Child Restraint
Systems used on board of motor vehicles, as contained in document ECE TRANS/
WP.29/2012/53.
Article 2
This Decision shall enter into force on the
day of its notification.
Article 3
This Decision is addressed to the European
Commission.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               UNECE
Document ECE TRANS/WP.29/2012/53.
[2]               OJ L 373, 31.12.1991, p. 26.
[3]               OJ L 200, 31.7.2009, p. 1.
[4]               OJ L 233, 9.9.2011, p. 95.
[5]               OJ L 220, 29.08.1977, p. 95.
[6]               OJ L 346, 17.12.1997, p. 78.
[7]               UNECE
Document ECE TRANS/WP.29/2012/53.