Explanatory Memorandum to COM(2022)532 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to a series of UN regulations and 2 new regulations

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2022)532 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to a ...
source COM(2022)532 EN
date 18-10-2022


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 Harmonization of Vehicle Regulations of the United Nations Economic Commission for Europe (WP.29) on the adoption of modifications to current United Nations (UN) regulations and UN global technical regulations (GTRs).

2. CONTEXT OF THE PROPOSAL

2.1.The Revised 1958 Agreement and the Parallel 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 (the ‘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 (the ‘Parallel Agreement’) aim to develop harmonised requirements to remove technical barriers to trade in motor vehicles between the UNECE contracting parties. They also aim to ensure that motor 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. WP.29 administers both of them.

2.2. The World Forum for Harmonization of Vehicle Regulations of the United Nations Economic Commission for Europe

WP.29 offers a unique framework for globally harmonised regulations on vehicles. WP.29 is a permanent working party in the UN institutional framework with a specific mandate and specific rules of procedure. It works as a global forum enabling open discussions on motor vehicle regulations and on the implementation of the Revised 1958 Agreement and the Parallel Agreement. Any UN member and any regional economic integration organisation set up by UN members may fully participate in the activities of WP.29 and become a contracting party to the Agreements on vehicles that WP.29 administers. The EU is a party to these Agreements 1 .

UNECE WP.29 meets three times a year, in March, June and November. To reflect technical progress, at each meeting, WP.29 can adopt:

new UN regulations;

new UN resolutions;

new UN GTRs;

Contents

1.

modifications to UN regulations and resolutions under the Revised 1958 Agreement; and


modifications to UN GTRs and resolutions under the Parallel Agreement.

Before each WP.29 meeting, dedicated subsidiary bodies of WP.29 discuss these modifications at technical level.

Subsequently, WP.29 can adopt proposals:

2.

by a qualified majority of the contracting parties present and voting for proposals under the Revised 1958 Agreement; or


by a consensus vote of the contracting parties present and voting for proposals under the Parallel Agreement.

Before each WP.29 meeting, a Council Decision under Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) establishes the position to be taken on behalf of the Union on:

3.

new UN regulations, UN GTRs and UN resolutions; and


amendments, supplements and corrigenda to UN regulations, UN GTRs and UN resolutions.

2.3. The envisaged act of WP.29

From 14 to 16 November 2022, during its 188th session, WP.29 may adopt:

proposals for modifications to UN regulations Nos 0, 13, 24, 34, 43, 48, 67, 83, 118, 125, 127, 129, 149, 151, 158, 159, 161, 162 and 163;

a proposal for a new UN regulation on vulnerable road users in front and side close proximity;

4.

a proposal for a new UN regulation on the approval of motor vehicles with regard to their direct vision; and


a proposal for an amendment to UN mutual resolution No 1.

3. POSITION TO BE TAKEN ON THE UNION'S BEHALF

The WP.29 system strengthens international harmonisation of vehicle standards. The Revised 1958 Agreement plays a key role in achieving this objective. EU manufacturers can use a common set of type approval regulations knowing that contracting parties will recognise their products as compliant with their national legislation.

This made it possible for Regulation (EC) No 661/2009 on the general safety of motor vehicles to repeal more than 50 EU directives and replace them with corresponding regulations developed under the Revised 1958 Agreement.

Regulation (EU) 2018/858 of the European Parliament and of the Council 2 follows a similar approach. It lays down administrative provisions and technical requirements for 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 in the EU type approval system, either as requirements for type approval or as alternatives to Union legislation.

Once WP.29 has adopted a proposal for new UN regulation or for modifications to UN regulation, UNECE’s Executive Secretary notifies the corresponding act to the contracting parties. Unless a blocking minority of contracting parties objects within 6 months, the act enters into force. Then, each contracting party can transpose the act into its applicable national rules. In the EU, the act’s publication in the Official Journal of the EU completes the transposition process.

The Union's position needs to be established on the following acts:

–proposals for modifications to UN regulations Nos 0, 13, 24, 34, 43, 48, 67, 83, 118, 125, 127, 129, 149, 151, 158, 159, 161, 162 and 163 to update provisions on:

–international whole-vehicle type approval;

–heavy vehicle braking;

–visible pollutants, measurement of power of compression ignition engines (diesel smoke);

–prevention of fire risk;

–safety glazing;

–installation of lighting and light-signalling devices;

–LPG vehicles;

–emissions of M1 and N1 vehicles;

–burning behaviour of materials;

–forward field of vision of drivers;

–pedestrian safety;

–enhanced child restraint systems;

–road illumination devices;

–blind spot information systems;

–reversing motion;

–moving off information system;

–devices against unauthorized use;

–immobilisers; and

–vehicle alarm systems;

–a proposal for a new UN regulation on vulnerable road users in front and side close proximity; and

–a proposal for a new UN regulation on the approval of motor vehicles with regard to their direct vision.

WP.29 plans to vote on these proposals at its meeting from 14 to 16 November 2022.

In addition, the Union's position needs to be established on:

–a proposal for modifications to UN mutual resolution No 1 concerning the description and performance of test tools and devices necessary for the assessment of compliance of wheeled vehicles, equipment and parts according to the technical prescriptions specified in UN regulations and UN GTRs; and

–a request to list in the compendium of candidates for UN GTRs three proposals of another Contracting Party.

The Union should support the above acts because they are in line with the Union’s single market policy on the automotive industry, and consistent with Union transport, climate and energy policies.

All of these acts have a very positive impact on the EU automotive sector’s competitiveness and on international trade. A vote in favour of these acts would foster technological progress, offer economies of scale, prevent fragmentation of the single market and ensure the automotive standards are applied equally across the Union.

External expertise is not relevant for this proposal. However, the Technical Committee on Motor Vehicles will review this proposal.

4. LEGAL BASIS

4.1. Procedural legal basis

5.

4.1.1. Principles


Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) states that the Council adopts 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 because of the rules of international law governing the body in question. The concept of ‘acts having legal effects’ 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 .

6.

4.1.2. Application to the present case


WP.29 is a body in which the UNECE contracting parties discuss the implementation of the Revised 1958 Agreement and the Parallel Agreement.

The acts which WP.29 is called upon to adopt are acts that have legal effects.

The UN regulations within the envisaged act will be binding on the Union. Together with the UN resolution, they will be able to decisively influence 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.

4.2. Substantive legal basis

7.

4.2.1. Principles


The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act on which a position is taken on the Union's behalf.

An envisaged act can have two aims or components, one of which can be identified as the main one and the other as merely incidental. In this case, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely the one for the main or predominant aim or component.

8.

4.2.2. Application to the present case


The main objective and content of the envisaged act is approximation of laws. Therefore, the substantive legal basis of the proposed decision is Article 114 TFEU.

4.3. Conclusion

The legal basis of the proposed decision should be Article 114 TFEU, read in conjunction with Article 218(9) TFEU.