Legal provisions of COM(2012)202 - Amendment of Decision 97/836/EC with a view to accession to the UNECE Agreement on prescriptions for wheeled vehicles, equipment and parts, and recognition of approvals

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Article 1

Decision 97/836/EC is hereby amended as follows:

(1)Paragraphs 2 and 3 of Article 3 are replaced by the following:

‘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.’.

(2)Article 4 is hereby amended as follows:

(a)Paragraph 2 is replaced by the following:

‘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.’;

(b)Paragraph 4 is deleted. References to Article 4(4) in Directive 2007/46/EC and Regulation (EC) No 661/2009 of the European Parliament and of the Council (3) shall be construed as references to Article 4(2).

(3)Article 5 is replaced by the following:

‘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.’.

(4)Annex III is hereby amended as follows:

(a)Point 1 is amended as follows:

(i)The first paragraph is replaced by the following:

‘The contribution of the Union with regard to the priorities of the work programme shall be established as appropriate in accordance with the procedure laid down in Articles 218(3) and (4) TFEU in conjunction with Article 207(2) TFEU.’;

(ii)In the third paragraph, the first sentence is replaced by the following:

‘Following this preparatory phase, the Commission shall represent the Union in the Administrative Committee as set up by Article 1 of the Revised Agreement as spokesman for the Union, in conformity with Article 207 TFEU.’.

(b)In point 2, the second sentence of the second paragraph is replaced by the following:

‘For this purpose the Commission shall submit its proposal as soon as all of the essential components of the draft UN/ECE Regulation have been supplied.’.

Article 2

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.