Explanatory Memorandum to COM(2023)58 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to a set of UN regulations

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dossier COM(2023)58 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to a set ...
source COM(2023)58 EN
date 07-02-2023


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 7 to 9 March 2023, during its 189th session, WP.29 may adopt:

4.

proposals for modifications to UN regulations Nos 13-H, 30, 48, 51, 53, 65, 67, 78, 105, 110, 116, 117, 121, 125, 131, 138, 140, 148, 149, 150, 152, 157 and 164; and


a proposal for an amendment to UN consolidated resolution No 5.

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 13-H, 30, 48, 51, 53, 67, 78, 105, 110, 116, 117, 121, 125, 131, 138, 140, 148, 149, 150, 152, 157 and 164 to update provisions on:

–braking of passenger cars;

–tyres for passenger cars and their trailers;

–installation of lighting and light-signalling devices;

–noise of M and N categories of vehicles;

–installation of lighting and light-signalling devices for L3 vehicles;

–LPG vehicles;

–braking (category L vehicles);

–vehicles for the carriage of dangerous goods;

–CNG and LNG vehicles;

–anti-theft and alarm systems;

–tyres, rolling resistance, rolling noise and wet grip;

–identification of controls, tell-tales and indicators;

–forward field of vision of drivers;

–advanced emergency braking systems for heavy duty vehicles;

–quiet road transport vehicles;

–electronic stability control systems;

–light signalling devices;

–road illumination devices;

–retro-reflective devices;

–advanced emergency braking system for light duty vehicles;

–automated lane keeping systems; and

–snow performance of studded tyres.

WP.29 plans to vote on these proposals at its meeting from 7 to 9 March 2023.

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

–a proposal for modifications to UN consolidated resolution on the common specification of light source categories (R.E.5) ;

–an inventory of best ADS storage practices; and

–a proposal for an updated Table 1 in the Framework document on automated/autonomous vehicles.

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.

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.

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.