Explanatory Memorandum to COM(2015)537 - EU position in UNECE to a set of UN Regulations, amendments to the construction of Vehicles, the proposal on vehicle powertrain definitions and a regulation on frontal impact - Main contents
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| dossier | COM(2015)537 - EU position in UNECE to a set of UN Regulations, amendments to the construction of Vehicles, the proposal on vehicle ... |
|---|---|
| source | COM(2015)537  |
| date | 22-10-2015 |
1. CONTEXT 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.
In accordance with Council Decision 97/836/EC of 27 November 1997, the Union 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”), and in accordance with Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of 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"), the Union acceded to the Parallel Agreement.
The meetings of UNECE WP29, the World Forum for Harmonisation of Vehicle Regulations, are held three times in March, June and November of each calendar year. In each meeting session new UN Regulations, amendments to existing UN Regulations or UN Global Technical Regulations (UN GTRs) are adopted in order to allow for technical progress. Prior to each WP29 meeting these amendments are adopted by one of the six working groups (GRs) active under WP29.
Subsequently, in a WP29 meeting the final vote for adoption of the amendments, supplements and corrigenda takes place, provided the quorum is reached and there is a qualified majority among contracting parties. The EU is a contracting party to two Agreements (1958 and 1998 Agreements) under WP29. A Council Decision, referred to as 'mega decision', containing the list of Regulations, amendments, supplements and corrigenda, is prepared each time and authorises the Commission to vote on behalf of the Union in each WP29 meeting.
This Council Decision defines the Union's position in the voting of the Regulations, amendments, supplements and corrigenda submitted for vote in the November 2015 WP29 meeting that will take place on 9 to 13 November 2015.
2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Technical Committee - Motor Vehicles has been consulted and the comments from Member State experts have been taken into account.
3. LEGAL ELEMENTS OF THE PROPOSAL
• Summary of the proposed action
The proposal defines the Union's position in the voting of the amendments to UN Regulations Nos 12, 16, 26, 39, 44, 46, 58, 61, 74, 83, 85, 94, 95, 97, 98, 99, 100, 101, 106, 107, 110, 116 and 127, on a new UN Regulation on frontal impact, on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3), and on a new Mutual Resolution No. 2 (M.R.2) on vehicle powertrain definitions.
• Legal basis
The legal basis for this proposal is Article 114, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
• Subsidiarity principle
The vote in favour of international instruments like proposals for UN Regulations, amendments to UN Regulations and draft Global Technical Regulations and their incorporation into the Union system for the type-approval of motor vehicles can only be done by the Union. This does not only prevent fragmentation of the Internal Market, but also ensures equal health and safety standards across the Union. It also offers advantages of economies of scale: products can be made for the entire Union market and even the international market, instead of being customised to obtain national type-approval for every single Member State.
This proposal therefore complies with the subsidiarity principle.
• Proportionality principle
This Council Decision authorises the Commission to vote on behalf of Union and is the proportionate instrument in accordance with Article 5(1) of Council Decision 97/836/EC in order to define a unified EU position at the UNECE with respect to the vote on the working documents proposed on the agenda of the WP29 meeting. Therefore, this proposal complies with the proportionality principle as it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the Internal Market, while at the same time providing for a high level of public safety and protection.
• Choice of instruments
The use of a Council Decision is required by Article 218(9) TFEU in order to establish the positions to be adopted on the Union’s behalf in a body set up by an international agreement.