Explanatory Memorandum to COM(2021)58 - EU position in UN/ECE on Vehicle Regulations as regards modifications to a slew of UN Regulations, event data recorders and on alarm and immoblizing systems - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)58 - EU position in UN/ECE on Vehicle Regulations as regards modifications to a slew of UN Regulations, event data recorders and ... |
|---|---|
| source | COM(2021)58  |
| date | 05-02-2021 |
1. SUBJECT MATTER OF THE PROPOSAL
This proposal concerns a decision establishing the position to be taken on the Union’s behalf in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe (WP.29) as regards the adoption of new UN Regulations and modifications to existing UN Regulations, modifications to an existing UN Global Technical Regulation and new Mutual Resolution and modifications to a Consolidated Resolution.
2. CONTEXT OF THE PROPOSAL
2.1.The 1958 Agreement and the 1998 Agreement
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 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") aim to develop harmonised requirements intended to remove technical barriers to trade in motor vehicles between the UNECE Contracting Parties and to ensure that such vehicles offer a high level of safety and environmental protection. The Agreements entered into force for the EU on 24 March 1998 and 15 February 2000 respectively. They are both administered by the UNECE World Forum for Harmonisation of Vehicle Regulations (Working Party 29 or WP.29).
2.2. The World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe (UNECE) – Working Party 29 or WP. 29
WP.29 offers a unique framework for globally harmonized regulations on vehicles. WP.29 is a permanent working party in the institutional framework of the United Nations with a specific mandate and rules of procedure. It works as a global forum allowing open discussions on motor vehicle regulations and where the implementation of the Revised 1958 Agreement and the Parallel Agreement is being discussed. Any member country of the United Nations and any regional economic integration organization, set up by country members of the United Nations, may fully participate in the activities of WP.29 and may become a contracting party to the Agreements on vehicles administered by WP.29. The European Union is a party to these Agreements 1 .
The meetings of UNECE WP.29 are held three times a year, i.e. in March, June and November. In each meeting session new UN Regulations, new UN Global Technical Regulations (UN GTRs), modifications to existing UN Regulations and Resolutions under the Revised 1958 Agreement and modifications to existing UN GTRs and Resolutions under the Parallel Agreement may be adopted in order to allow for technical progress. Prior to each WP.29 meeting these modifications are first discussed at technical level in dedicated subsidiary bodies of WP.29.
Subsequently, a vote takes place at WP.29 level (i.e. by a qualified majority of the Contracting Parties present and voting for the proposals under the Revised 1958 Agreement and by a consensus vote of the Contracting Parties present and voting for the proposals under the Parallel Agreement).
The position to be taken on behalf of the Union on the new Regulations and GTRs, their amendments, supplements and corrigenda, and Resolutions is established ahead of each WP.29 by a Council Decision under Article 218 (9) TFEU.
2.3. The envisaged act of WP.29
Between 9 and 11 March 2021, during its 183rd session, WP.29 may adopt the proposals for modifications to UN Regulations Nos 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 65, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, the proposal for modifications to Global Technical Regulation No 9, the proposal for amendments to Consolidated Resolution R.E.5, the proposals for four new UN Regulations in relation to event data recorder, protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use, the approval of immobilizers and approval of a vehicle with regard to its immobilizer, and the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system, the proposal for a new Mutual Resolution M.R.4, the proposals for interpretation documents for UN Regulations Nos 155 and 156, and the proposal for guidance on event data recorder performance elements.
3. POSITION TO BE TAKEN ON THE UNION'S BEHALF
The WP.29 system strengthens international harmonization of vehicle standards. The 1958 Agreement plays a key role in this objective since EU manufacturers can operate to a common set of type approval Regulations in the knowledge that the product will be recognized by the Contracting Parties as being in conformity with its national legislation. This scheme, for instance, has allowed for Regulation (EC) No 661/2009 on the general safety of motor vehicles to repeal more than 50 EU Directives and replace them with the corresponding Regulations developed under the 1958 Agreement.
A similar approach is followed by Regulation (EU) 2018/858 of the European Parliament and of the Council 2 which lays down administrative provisions and technical requirements for the type-approval and placing on the market of all new vehicles, systems, components and separate technical units. This Regulation incorporates regulations adopted under the Revised 1958 Agreement ('UN Regulations') in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation.
Once the proposals for modifications to or new UN Regulations are adopted by WP.29, and once these acts are notified to the Contracting Parties by the Executive Secretary of UNECE, then after six months, in the absence of objections by the Contracting Parties constituting a blocking minority, the acts may finally enter into force and may be transposed in the applicable national rules of each Contracting Party. In the EU, the transposition is completed following the publication of these acts in the Official Journal of the EU.
It is, hence, necessary to define the Union's position on the following acts:
–the proposals for modifications to UN Regulations Nos 13, 13-H, 18, 30, 41, 46, 48, 53, 54, 67, 74, 75, 79, 86, 97, 98, 106, 107, 113, 116, 117, 118, 123, 124, 125, 141, 142, 148, 149, 150, 152, 154, 157 and UN Regulation on event data recorder, which relate to the update of the provisions on heavy vehicle braking, brakes of M1 and N1 vehicles, anti-theft of motor vehicles, tyres for passenger cars, commercial vehicles, agricultural vehicles, their trailers, L-category vehicles, noise emissions of motorcycles, devices for indirect vision, installation of lighting and light-signalling devices for motor vehicles, L3 vehicles, mopeds, and agricultural vehicles, LPG vehicles, steering equipment, vehicle alarm systems, headlamps with gas-discharge light sources, general construction requirements for buses and coaches, headlamps emitting a symmetrical passing-beam, anti-theft and alarm systems, tyre rolling resistance, rolling noise and wet grip, burning behaviour of materials, adaptive front lighting systems, replacement wheels for passenger cars, forward field of vision, tyre pressure monitoring system, tyre installation, light-signalling devices, road illumination devices, retro-reflective devices, advanced emergency braking system for M1 and N1, automated lane keeping system, world harmonized light-duty vehicles test and event data recorder;
–the proposal for a new UN Regulation on event data recorder;
–the proposal for a new UN Regulation concerning protection of motor vehicles against unauthorized use and the approval of the device against unauthorized use;
–the proposal for a new UN Regulation concerning the approval of immobilizers and approval of a vehicle with regard to its immobilizer;
–the proposal for a new UN Regulation concerning the approval of vehicle alarm system and approval of a vehicle with regard to its vehicle alarm system;
–the proposal for modifications to Global Technical Regulation (UN GTR) No 9 relating to pedestrian safety;
–the proposal for amendments to Consolidated Resolution (R.E.5) on the common specification of light source categories;
–the proposal for a new Mutual Resolution (M.R.4) concerning panoramic sunroof glazing;
submitted for a vote in the March 2021 WP.29 meeting that will take place between 9 and 11 March 2021. In addition, it is necessary to define the Union's position on:
–the proposals for interpretation documents on UN Regulations No 155 and 156.
The Union should support the above acts because they are in line with the Union’s internal market policy as regards the automotive industry and are consistent with Union transport, climate and energy policies. However, in order for the Union to be able to vote in favour of the new UN Regulation on event data recorder and its 01 series of amendments, an informal document tabled by the European Commission and modifying the transitional provisions has to be considered together with the 01 series of the UN Regulation. The proposed modification aims at aligning the dates of application of the amended UN Regulation with Regulation (EU) 2019/2144 of the European Parliament and of the Council which requires vehicles to be fitted with an event data recorder from 6 July 2022 for new types of vehicles and from 7 July 2024 for all vehicles.
All these acts have a very positive impact on automotive EU competitiveness and international trade. The vote in favour of these acts will foster technological progress, offer advantages of economies of scale, prevent fragmentation of the internal market and ensure the automotive standards are applied equally across the Union.
In contrast, given the Union is not applying the uniform provisions of UN Regulation concerning special warning lamps, it is not necessary to establish a position of the Union on the proposal for amendments to UN Regulation No 65 under consideration by UNECE WP.29.
The proposal for guidance on event data recorder performance elements is not ready for a vote in the March 2021 WP.29 meeting and needs to be further discussed in a dedicated subsidiary body of WP.29.
External expertise is not relevant in the case of this proposal. It will however be reviewed by the Technical Committee on Motor Vehicles.
4. LEGAL BASIS
Contents
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’. 3
WP.29 is a body where the implementation of the Revised 1958 Agreement and the Parallel Agreement is being discussed between the UNECE Contracting Parties.
The acts which WP.29 is called upon to adopt constitute acts having legal effects.
The UN Regulations within the envisaged act will be binding on the Union and together with UN GTRs and Resolutions capable of decisively influencing the content of EU legislation in the field of vehicle type approval.
The envisaged acts do not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
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.
The main objective and content of the envisaged act relate to the approximation of laws. Therefore, the substantive legal basis of the proposed decision is Article 114 TFEU.
The legal basis of the proposed decision should be Article 114 TFEU, in conjunction with Article 218(9) TFEU.