Explanatory Memorandum to COM(2023)264 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to regulation and for new regulations - Main contents
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| dossier | COM(2023)264 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to ... |
|---|---|
| source | COM(2023)264 |
| date | 23-05-2023 |
1. SUBJECT MATTER OF THE PROPOSAL
This proposal is for a decision establishing the position to be taken on the EU’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
Two agreements are in place to develop harmonised requirements to remove technical barriers to trade in motor vehicles between the United Nations Economic Commission for Europe (UNECE) contracting parties, and to ensure that motor vehicles offer a high level of safety and environmental protection. These are:
- the Agreement of the UNECE on 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’).
The agreements entered into force for the EU on 24 March 1998 and 15 February 2000 respectively. Work related to these agreements is overseen by WP.29.
2.2. The World Forum for Harmonization of Vehicle Regulations of the United Nations Economic Commission for Europe
WP.29 provides 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 overseen by WP.29. The EU is a party to these agreements1.
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
- modifications to UN regulations and resolutions under the Revised 1958 Agreement; and
- by a qualified majority of the contracting parties present and voting for proposals under the Revised 1958 Agreement; or
- new UN regulations, UN GTRs and UN resolutions; and
- a proposal for a modification to UN GTR No 13; 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:
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 EU on:
amendments, supplements and corrigenda to UN regulations, UN GTRs and UN resolutions.
2.3. The envisaged act of WP.29
From 20 to 22 June 2023, during its 190th session, WP.29 may adopt:
proposals for modifications to UN regulation Nos 13, 16, 24, 41, 49, 51, 54, 75, 78, 79, 83, 85, 94, 95, 101, 109, 110, 117, 127, 129, 134, 135, 137, 153, and 155;
a proposal for a new UN regulation on global real driving emissions;
a proposal for a new UN GTR on laboratory measurement of brake emissions for light-duty vehicles.
3. POSITION TO BE TAKEN ON THE EU'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 Council1 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 EU legislation.
Once WP.29 has adopted a proposal for a new UN regulation or for modifications to an existing 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 EU's position needs to be established on the following acts:
- proposals for modifications to UN regulation Nos 13, 16, 24, 41, 49, 51, 54, 75, 78, 79, 83, 85, 94, 95, 101, 109, 110, 117, 127, 129, 134, 135, 137, 153, and 155 to update provisions on:
- heavy vehicle braking;
- safety-belts;
- visible pollutants, measurement of power of compression ignition engines (diesel smoke);
- noise emissions of motorcycles;
- emissions of compression ignition and positive ignition engines;
- noise of M and N categories of vehicles;
- tyres for commercial vehicles and their trailers;
- tyres for L-category vehicles;
- braking of category L vehicles;
- steering equipment;
- emissions of light-duty vehicles;
- emissions of M1 and N1 vehicles;
- measurement of the net power and the 30 minute power;
- frontal impact;
- lateral impact;
- CO2 emission/fuel consumption;
- retreaded tyres for commercial vehicles and their trailers;
- compressed natural gas and liquified natural gas vehicles;
- tyre rolling resistance, rolling noise and wet grip;
- pedestrian safety;
- enhanced child restraint systems;
- hydrogen and fuel cells vehicles;
- pole side impact;
- frontal impact with focus on restraint systems;
- fuel system integrity and electric power train safety at rear-end collision; and
- cyber security and cyber security management system;
- a proposal for a new UN regulation on global real driving emissions;
- a proposal for a modification to UN GTR No 13; and
- a proposal for a new UN GTR on laboratory measurement of brake emissions for light-duty vehicles.
WP.29 plans to vote on these proposals at its meeting of 20-22 June 2023.
In addition, the EU's position needs to be established on:
- a proposal for a revised authorization to develop a UN GTR on global real driving emissions;
- a proposal for request for authorization to develop a new UN GTR on in-vehicle battery durability for electrified heavy-duty vehicles;
- a proposal for an amendment to ECE/TRANS/WP.29/2022/58 titled “New Assessment/Test Method for Automated Driving Guidelines for Validating Automated Driving System”;
- a proposal for an amendment to the interpretation document for UN regulation No 155;
- a proposal for a final status report on the development of a new UN GTR on laboratory measurement of brake emissions for light-duty vehicles;
- a proposal for final progress report on amendment 1 to UN GTR No 13; and
- a proposal for a five-year extension in the compendium of candidates of listing No 15 - Japan’s real driving emissions methodology.
The EU should support the above acts as they are in line with its internal market policy on the automotive industry, as well as its transport, climate and energy policies.
All of these acts have a very positive impact on the competitiveness of the EU automotive sector and on international trade. A vote in favour of these acts would foster technological progress, provide economies of scale, prevent fragmentation of the internal market and ensure that automotive standards are applied equally across the EU.
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
4.1.1. Principles
Article 218(9) 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’1.
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 that WP.29 is called upon to adopt are acts that have legal effects.
The UN regulations set out in the envisaged act will be binding on the EU. Together with the UN GTRs, 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
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 EU'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.
4.2.2. Application to the present case
The main objective and content of the envisaged act is the 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.