Article 1 
The Community shall accede to the United Nations Economic Commission for Europe Agreement 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, hereinafter referred to as the ‘Revised Agreement’. The text of the Revised Agreement is set out as Annex I to this Decision.
Article 2 
The President of the Council shall be authorized to designate the person empowered to lodge the instrument of accession as required by Article 6 (3) of the Revised Agreement and to make the notification contained in Annex IV to this Decision.
Article 3 
1. Pursuant to Article 1 (5) of the Revised Agreement, the Community shall state that its accession will be restricted to implementation of the UN/ECE Regulations listed in Annex II to this Decision. 2. Pursuant to Article 1 (6) of the Revised Agreement, the Community may, in accordance with the procedure laid down in the second indent of Article 4 (2) of this Decision, decide to cease to apply a UN/ECE Regulation that it has previously accepted. 3. Pursuant to Article 1 (7) of the Revised Agreement, the Community may, in accordance with the procedure laid down in the second indent of Article 4 (2) of this Decision, decide to apply one, some or all of the UN/ECE Regulations to which it has not acceded at the time of its accession to the Revised Agreement.
Amendment rationale: 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 between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and environmental protection. The objective of this proposal is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety[1]). In addition, quicker adoption of legislation will allow for faster responses to regulatory requests from the operators. Furthermore, the changes to the Treaties occurred after the adoption of Council Decision 97/836/EC, in particular the adoption of the Treaty on the Functioning of the European Union, have substantially altered the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations, making it necessary to adapt those Decisions to the new procedures. The present proposal therefore aims at adapting Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU). · General context By 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 (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 Union has acceded to the Revised 1958 Agreement. That Decision should be amended to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations. · Existing provisions in the area of the proposal By Council Decision 97/836/EC of 27 November 1997 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"). · Consistency with the other policies and objectives of the Union The proposal is in line with the objectives of the common trade policy in accordance with Article 217 TFEU. The participation of the Union at the work of the UNECE helps developing and strengthening the international harmonisation of vehicle-related technical regulations, contributing to facilitate international trade in motor vehicles. The 1958 Agreement plays a key role in this objective since manufacturers can operate a common set of type-approval standards knowing that their products will be recognised by many countries on different continents as being in conformity with their national legislation. International regulatory harmonisation is thus one of the most effective means to prevent obstacles to trade.
Revised version (Article 3 ):
1. Pursuant to Article 1 (5) of the Revised Agreement, the Community shall state that its accession will be restricted to implementation of the UN/ECE Regulations listed in Annex II to this Decision. 2. Pursuant to Article 1(6) of the Revised Agreement, the Union may, in accordance with the procedure laid down in Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), decide to cease to apply a UN/ECE Regulation that it has previously accepted. 3. Pursuant to Article 1(7) of the Revised Agreement, the Union may, in accordance with the procedure laid down in Article 218(9) TFEU, decide to apply one, some or all of the UN/ECE Regulations to which it has not acceded at the time of its accession to the Revised Agreement.
Article 4 
1. The practical arrangements with regard to the involvement of the Community and the Member States with regard to the work of the UN/ECE are set out in Annex III. The contribution of the Community with regard to the priorities of the work programme of the UN/ECE shall be established in conformity with the procedure set out in Annex III, point 1. 2. The Community shall vote in favour of adopting any draft UN/ECE Regulation or a draft amendment to a Regulation — where, if an existing Regulation to which it has acceded is being adapted to technical progress, the draft has been approved in accordance with the procedure set out in Article 13 of Directive 70/156/EEC, — in all other instances, where on a proposal from the Commission and on receiving the assent of the European Parliament, the Council has approved the draft by a qualified majority. 3. Where a UN/ECE Regulation or an amendment to a UN/ECE Regulation is adopted without the Community having voted in favour, the Community shall express an objection in accordance with the second subparagraph of Article 1 (2) of the Revised Agreement. 4. On the assumption that the Community votes in favour of a UN/ECE Regulation or amendment to a UN/ECE Regulation, the decision shall also state whether that Regulation shall become part of the EC whole vehicle type-approval system and replace existing law within the Community. 5. The UN/ECE Regulations and amendments to UN/ECE Regulations binding on the Community shall be published in the official languages of the Communities in the Official Journal of the European Communities before entering into force.
Amendment rationale: 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 between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and environmental protection. The objective of this proposal is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety[1]). In addition, quicker adoption of legislation will allow for faster responses to regulatory requests from the operators. Furthermore, the changes to the Treaties occurred after the adoption of Council Decision 97/836/EC, in particular the adoption of the Treaty on the Functioning of the European Union, have substantially altered the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations, making it necessary to adapt those Decisions to the new procedures. The present proposal therefore aims at adapting Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU). · General context By 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 (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 Union has acceded to the Revised 1958 Agreement. That Decision should be amended to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations. · Existing provisions in the area of the proposal By Council Decision 97/836/EC of 27 November 1997 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"). · Consistency with the other policies and objectives of the Union The proposal is in line with the objectives of the common trade policy in accordance with Article 217 TFEU. The participation of the Union at the work of the UNECE helps developing and strengthening the international harmonisation of vehicle-related technical regulations, contributing to facilitate international trade in motor vehicles. The 1958 Agreement plays a key role in this objective since manufacturers can operate a common set of type-approval standards knowing that their products will be recognised by many countries on different continents as being in conformity with their national legislation. International regulatory harmonisation is thus one of the most effective means to prevent obstacles to trade.
Revised version (Article 4 ):
1. The practical arrangements with regard to the involvement of the Community and the Member States with regard to the work of the UN/ECE are set out in Annex III. The contribution of the Community with regard to the priorities of the work programme of the UN/ECE shall be established in conformity with the procedure set out in Annex III, point 1. 2. The Union shall vote in favour of adopting any draft UN/ECE Regulation or a draft amendment to a UN/ECE Regulation where the draft has been approved in accordance with the procedure set out in Article 218(9) TFEU. 3. Where a UN/ECE Regulation or an amendment to a UN/ECE Regulation is adopted without the Community having voted in favour, the Community shall express an objection in accordance with the second subparagraph of Article 1 (2) of the Revised Agreement. 5. The UN/ECE Regulations and amendments to UN/ECE Regulations binding on the Community shall be published in the official languages of the Communities in the Official Journal of the European Communities before entering into force.
Article 5 
1. The proposed amendments to the Revised Agreement submitted to the Contracting Parties on behalf of the Community shall be adopted by the Council acting on a qualified majority, on a proposal from the Commission and having received the opinion of the European Parliament. 2. The decision whether to raise an objection, or otherwise, to the proposed amendments to the Revised Agreement put forward by other Contracting Parties shall be taken in accordance with the procedure followed in order to accede to that Agreement. Where that procedure has not been completed a week before expiry of the deadline provided for in Article 13 (2) of the Revised Agreement the Commission will state an objection to the amendment, on behalf of the Community, before that deadline expires.
Amendment rationale: 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 between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and environmental protection. The objective of this proposal is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety[1]). In addition, quicker adoption of legislation will allow for faster responses to regulatory requests from the operators. Furthermore, the changes to the Treaties occurred after the adoption of Council Decision 97/836/EC, in particular the adoption of the Treaty on the Functioning of the European Union, have substantially altered the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations, making it necessary to adapt those Decisions to the new procedures. The present proposal therefore aims at adapting Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU). · General context By 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 (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 Union has acceded to the Revised 1958 Agreement. That Decision should be amended to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations. · Existing provisions in the area of the proposal By Council Decision 97/836/EC of 27 November 1997 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"). · Consistency with the other policies and objectives of the Union The proposal is in line with the objectives of the common trade policy in accordance with Article 217 TFEU. The participation of the Union at the work of the UNECE helps developing and strengthening the international harmonisation of vehicle-related technical regulations, contributing to facilitate international trade in motor vehicles. The 1958 Agreement plays a key role in this objective since manufacturers can operate a common set of type-approval standards knowing that their products will be recognised by many countries on different continents as being in conformity with their national legislation. International regulatory harmonisation is thus one of the most effective means to prevent obstacles to trade.
Revised version (Article 5 ):
1. The proposed amendments to the Revised Agreement submitted to the Contracting Parties on behalf of the Union shall be adopted in accordance with the procedure set out in Article 218(6)(a) TFEU. 2. The decision whether or not to raise an objection to a proposed amendment to the Revised Agreement put forward by another Contracting Party shall be taken in accordance with the procedure set out in Article 218(6)(a) TFEU. Where that procedure has not been completed a week before expiry of the deadline provided for in Article 13(2) of the Revised Agreement, the Union shall state an objection to the amendment before that deadline expires.
Article 6 
Those Member States which will subscribe, or have subscribed, to UN/ECE Regulations to which the Community is not bound may continue to manage and develop those Regulations by adopting amendments reflecting technical progress while ensuring: — that subscription to these Regulations is not incompatible with the provisions of Directives 70/156/EEC, 74/150/EEC and 92/61/EEC, and — that the procedures of Directive 83/189/EEC are observed. Done at Brussels, 27 November 1997. For the Council The President G. WOHLFART Done at Brussels, 27 November 1997. For the Council The President G. WOHLFART For the Council The President G. WOHLFART
Amendment rationale: 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 between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles offer a high level of safety and environmental protection. The objective of this proposal is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety[1]). In addition, quicker adoption of legislation will allow for faster responses to regulatory requests from the operators. Furthermore, the changes to the Treaties occurred after the adoption of Council Decision 97/836/EC, in particular the adoption of the Treaty on the Functioning of the European Union, have substantially altered the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations, making it necessary to adapt those Decisions to the new procedures. The present proposal therefore aims at adapting Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU). · General context By 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 (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 Union has acceded to the Revised 1958 Agreement. That Decision should be amended to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations. · Existing provisions in the area of the proposal By Council Decision 97/836/EC of 27 November 1997 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"). · Consistency with the other policies and objectives of the Union The proposal is in line with the objectives of the common trade policy in accordance with Article 217 TFEU. The participation of the Union at the work of the UNECE helps developing and strengthening the international harmonisation of vehicle-related technical regulations, contributing to facilitate international trade in motor vehicles. The 1958 Agreement plays a key role in this objective since manufacturers can operate a common set of type-approval standards knowing that their products will be recognised by many countries on different continents as being in conformity with their national legislation. International regulatory harmonisation is thus one of the most effective means to prevent obstacles to trade.
Revised version (Article 6 ):
Those Member States which will subscribe, or have subscribed, to UN/ECE Regulations to which the Community is not bound may continue to manage and develop those Regulations by adopting amendments reflecting technical progress while ensuring: — that subscription to these Regulations is not incompatible with the provisions of Directives 70/156/EEC, 74/150/EEC and 92/61/EEC, and — that the procedures of Directive 83/189/EEC are observed.
Article 7 
1. The amended Agreement shall be deemed to enter into force nine months after the date of its transmission by the Secretary-General to all the Contracting Parties to the 1958 Agreement. 2. The amended Agreement shall be deemed not to enter into force if any objection from the Contracting Parties to the 1958 Agreement is expressed within a period of six months following the date of its transmission to them by the Secretary-General. 3. For any new Contracting Party acceding to this amended Agreement, this amended Agreement shall enter into force on the 60th day after the deposit of the instrument of accession.
Article 8 
1. Any Contracting Party may denounce this Agreement by notifying the Secretary-General. 2. Denunciation shall take effect 12 months after the date of receipt by the Secretary-General of such notification.
Article 9 
1. Any new Contracting Party as defined in Article 6 of this Agreement may, at the time of accession or at any time thereafter, declare by notification addressed to the Secretary-General that this Agreement shall extend to all or any of the territories for whose international relations it is responsible. The Agreement shall extend to the territory or territories named in the notification as from the 60th day after its receipt by the Secretary-General. 2. Any new Contracting Party as defined in Article 6 of this Agreement which has made a declaration in accordance with paragraph 1 of this Article extending this Agreement to any territory for whose international relations it is reponsible may denounce the Agreement separately in respect of that territory, in accordance with the provisions of Article 8.
Article 10 
1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, so far as possible, be settled by negotiation between them. 2. Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of the Contracting Parties in dispute so requests and shall be referred accordingly to one or more arbitrators selected by agreement between the Parties in dispute. If within three months from the date of the request for arbitration the Parties in dispute are unable to agree on the selection of an arbitrator or arbitrators, any of those Parties may request the Secretary-General to nominate a single arbitrator to whom the dispute shall be referred for decision. 3. The decision of the arbitrator or arbitrators appointed in accordance with paragraph 2 of this Article shall be binding on the Contracting Parties in dispute.
Article 11 
1. Each new Contracting Party may, at the time of acceding to this Agreement, declare that it does not consider itself bound by Article 10 of the Agreement. Other Contracting Parties shall not be bound by Article 10 in respect of any new Contracting Party which has entered such a reservation. 2. Any Contracting Party having entered a reservation as provided for in paragraph 1 of this Article may at any time withdraw such reservation by notifying the Secretary-General. 3. No other reservation to this Agreement or to the Regulations annexed thereto shall be permitted; but any Contracting Party may, in accordance with the terms of Article 1, declare that it does not propose to apply certain of the Regulations or that it does not propose to apply any of them.
Article 12 
The Regulations annexed to this Agreement may be amended in accordance with the following procedure. 1. Amendments to Regulations shall be established by the Administrative Committee as described in Article 1 (2) and in accordance with the procedure indicated in Appendix 1. Where necessary an amendment may include the existing requirements as an alternative. Contracting Parties shall specify which alternatives within the Regulations they will apply. Contracting Parties applying alternative(s) within a Regulation shall not be obliged to accept approvals to preceding alternative(s) within the same Regulation. Contracting Parties applying only the most recent amendments shall not be obliged to accept approvals to preceding amendments or to unamended Regulations. Contracting Parties applying an earlier series of amendments or the unamended Regulation shall accept approvals granted to a later amendment series. An amendment to the Regulation, after having been established, shall be communicated by the Administrative Committee to the Secretary-General. As soon as possible thereafter the Secretary-General shall give notification of this amendment to the Contracting Parties applying the Regulation. 2. An amendment to a Regulation will be considered to be adopted unless, within a period of six months from its notificaiton by the Secretary-General, more than one third of the Contracting Parties applying the Regulation at the time of notification have informed the Secretary-General of their disagreement with the amendment. If, after this period, the Secretary-General has not received declarations of disagreement of more than one third of the Contracting Parties applying the Regulation, the Secretary-General shall as soon as possible declare the amendment as adopted and binding on those Contracting Parties applying the Regulation who did not declare themselves opposed to it. When a Regulation is amended and at least one fifth on the Contracting Parties applying the unamended Regulation subsequently declare that they wish to continue to apply the unamended Regulation, the unamended Regulation will be regarded as an alternative to the amended Regulation and will be incorporated formally as such into the Regulation with effect from the date of adoption of the amendment or its entry into force. In this case the obligations of the Contracting Parties applying the Regulation shall be the same as set out in paragraph 1. 3. Should a new Contracting Party accede to this Agreement between the time of the notification of the amendment to a Regulation by the Secretary-General and its entry into force, the Regulation in question shall not enter into force for that Contracting Party until two months after it has formally accepted the amendment or two months after the lapse of a period of six months since the communication to that Party by the Secretary-General of the proposed amendment.
Article 13 
The text of the Agreement itself and of its Appendices may be amended in accordance with the following procedure. 1. Any Contracting Party may propose one or more amendments to this Agreement and its Appendices. The text of any proposed amendment to the Agreement and its Appendices shall be transmitted to the Secretary-General, who shall transmit it to all Contracting Parties and inform all other countries referred to in Article 6 (1) thereof. 2. Any proposed amendment circulated in accordance with paragraph 1 of this Article shall be deemed to be accepted if no Contracting Party expresses an objection within a period of six months following the date of circulation of the proposed amendment by the Secretary-General. 3. The Secretary-General shall, as soon as possible, notify all Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been expressed, the amendment shall be deemed not to have been accepted, and shall be of no effect whatever. If no such objection has been expressed, the amendment shall enter into force for all Contracting Parties three months after the expiry of the period of six months referred to in paragraph 2 of this Article.
Article 14 
In addition to the notifications provided for in Articles 1, 12 and 13 of this Agreement, the Secretary-General shall notify the Contracting Parties of: (a) accessions in accordance with Article 6; (b) the dates of entry into force of this Agreement in accordance with Article 7; (c) denunciations in accordance with Article 8; (d) notifications received in accordance with Article 9; (e) declarations and notifications received in accordance with paragraphs 1 and 2 of Article 11; (f) the entry into force of any amendment in accordance with Article 12 (1) and (2); (g) the entry into force of any amendment in accordance with Article 13 (3).
Article 15 
1. If at the date the above provisions come into effect the procedures envisaged in Article 1 (3) and (4) of the unamended Agreement are under way for adopting a new Regulation, the said new Regulation shall enter into force under the provisions of paragraph 5 of the said Article. 2. If at the date the above provisions come into effect, the procedures envisaged in Article 12 (1) of the unamended Agreement are under way for the adoption of an amendment to a Regulation, the said amendment shall enter into force under the provisions of the said Article. 3. If all Contracting Parties to the Agreement agree, any Regulation adopted under the terms of the unamended Agreement may be treated as though is were a Regulation adopted under the terms of the above provisions.