CELEX: 52013PC0693
Language: en
Date: 2013-10-09
Title: Proposal for a COUNCIL DECISION on the position to be taken by the Union within the Administrative Committee of the United Nations Economic Commission for Europe regarding the draft Regulation on uniform provisions concerning the approval of Retrofit Emission Control Devices (REC) for heavy duty vehicles, agricultural and forestry tractors and non-road mobile machinery equipped with compression ignition engines

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		52013PC0693
		
			Proposal for a COUNCIL DECISION on the position to be taken by the Union within the Administrative Committee of the United Nations Economic Commission for Europe regarding the draft Regulation on uniform provisions concerning the approval of Retrofit Emission Control Devices (REC) for heavy duty vehicles, agricultural and forestry tractors and non-road mobile machinery equipped with compression ignition engines /* COM/2013/0693 final - 2013/0333 (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 Retrofit Emission
Control Devices (REC) for heavy duty vehicles, agricultural and forestry
tractors and non-road mobile machinery equipped with compression ignition
engines. The objective of this draft regulation is to establish a set of
requirements for the approval of those devices, which ensures an acceptable
level of environmental performance and correct operation during its lifetime.
The present proposal aims at defining the
Union position with regard to the draft UNECE regulation concerning the
approval of REC and consequently to provide for the Union, represented by the
Commission, to vote in favour of this draft.
·                        
General context
Technical requirements on type-approval of
retrofit equipment intended for the reduction of emissions are currently
addressed at national level. With the adoption of the draft UNECE Regulation on
approval of REC, an important step forward will be taken in terms of market
harmonisation and removal of eventual trade barriers regarding REC equipment,
since MS within the EU may take the text over as reference when setting up
their national legislations.
Hence it is now envisaged for the Union to
vote in favour of the related draft UNECE Regulation on approval of REC 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.
·                        
Existing provisions in the area of the
proposal
The technical requirements in the area of
the proposal are currently addressed at national level, and thus so far there
is neither EU legislation nor UNECE legislation.
·                        
Consistency with the other policies and
objectives of the Union
The proposal is in line with the objectives
of Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines
with respect to emissions from heavy duty vehicles (Euro VI), and Directive 97/68/EC
on the approximation of the laws of Member States relating to measures against
the emission of gaseous and particulate pollutants from internal combustion
engines to be installed in non-road mobile machinery, being therefore consistent
with the EU objective of providing for a high level of environmental protection
throughout the territory of the Union.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
 ·                         Consultation of interested parties 
 In developing the proposal, the European Commission has participated in the UNECE Informal Group on REC, where representatives of stakeholders as well as MS have met. In addition, in the course of the drafting of the document, key aspects of the text were discussed in the meeting of the Technical Committee- Motor Vehicles of 10 July 2012. ·                         Impact assessment The provisions on retrofit emission control devices can be considered as complementary to UNECE and EU emissions legislation on type-approval of heavy-duty engines and vehicles (Euro VI) and non-road mobile machinery. In the case of the former, an impact assessment has been carried out where several policy options have been assessed. Regarding non-road mobile machinery, an impact assessment is currently being elaborated, and therefore no separate impact assessment is considered to be needed for the purposes of adopting the draft UNECE Regulation. 
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 Regulation on
uniform provisions concerning the approval of Retrofit Emission Control Devices
(REC) for heavy duty vehicles, agricultural and forestry tractors and non-road
mobile machinery equipped with compression ignition engines.
·                        
Legal basis
Taking into consideration the object and
content of the Council Decision, the legal bases are Articles 114 and 218(9)
TFEU. The procedure to be followed for the adoption of the Council Decision is
the one laid down in Article 4(2) of Council Decision 97/836/EC.
·                        
Subsidiarity principle
Directive 2008/50/EC sets out air quality
objectives with respect to the different pollutants, and leaves to the
judgement of MS the decision on the precise measures to be undertaken in order
to comply with the abovementioned objectives. In this respect, retrofit
emission control devices may play a fundamental role, since its fitting into
vehicles already placed in the market is an element often addressed at national
level as part of the necessary actions to improve the air quality.
Given the background above, and according
to the subsidiarity principle, it is appropriate for the EU to acceed to the
UNECE Regulation on approval of REC, while respecting the capacity of MS to
decide whether the Regulation should be applied, at their respective national
levels, for the purposes of mandatory type-approval of REC equipment, or other
different purposes. However, and without prejudice of the faculty of MS to
decide within the scope of their competences, the basic rules of the 1958
Agreement shall apply to the whole of the EU and in the same manner to all MS. 
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 environmental 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.
2013/0333 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the Union
within the Administrative Committee of the United Nations Economic Commission
for Europe regarding the draft Regulation on uniform provisions concerning the
approval of Retrofit Emission Control Devices (REC) for heavy duty vehicles,
agricultural and forestry tractors and non-road mobile machinery equipped with
compression ignition engines
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[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)       The standardised
requirements of the draft UNECE Regulation on uniform provisions concerning the
approval of Retrofit Emission Control Devices (REC) for heavy duty vehicles,
agricultural and forestry tractors and non-road mobile machinery equipped with
compression ignition engines[2]
are intended to remove technical barriers to the trade of REC devices between
the Contracting Parties to the Revised 1958 Agreement and to ensure that such
systems offer a high level of performance and environmental 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 : 
Sole Article 
The position to be taken by the 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 Retrofit Emission Control
Devices (REC) for heavy duty vehicles, agricultural and forestry tractors and
non-road mobile machinery equipped with compression ignition engines, as
contained in document ECE TRANS/ WP.29/ /2013/119.
Done at Brussels,
                                                                       For
the Council
                                                                       
[1]               OJ L 346, 17.12.1997, p. 78.
[2]               UNECE
Document ECE TRANS/WP.29/GRPE/2013/6.