Explanatory Memorandum to COM(2024)61 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to UN regulation Nos 10, 13, 37, 45, 46, 48, 53, 54, 55, 79, 106, 107, 128, 130, 140, 148, 149, 150, 158, and 167 - Main contents
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| dossier | COM(2024)61 - EU position in the World Forum for Harmonization of Vehicle Regulations of the UNECE on proposals for modifications to UN ... |
|---|---|
| source | COM(2024)61 |
| date | 12-02-2024 |
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.
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 global technical regulations (UN GTRs);
Contents
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 5 to 8 March 2024, during its 192nd session, WP.29 may adopt a series of:
proposals for modifications to UN regulation Nos 10, 13, 37, 45, 46, 48, 53, 54, 55, 79, 106, 107, 128, 130, 140, 148, 149, 150, 158, and 167.
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 10, 13, 37, 45, 46, 48, 53, 54, 55, 79, 106, 107, 128, 130, 140, 148, 149, 150, 158, and 167 to update provisions on:
- electromagnetic compatibility - corrections of references and other editorial changes;
- heavy vehicle braking – clarification of the requirements related to the type IIA test;
- filament light sources – an update of a normative reference to International Electrotechnical Commission (IEC) Publication 60809;
- headlamp cleaners – an update integrating all passing-beams of UN regulation No 149 series 00 and 01 and other editorial changes;
- devices for indirect vision - clarifications of the requirements regarding the rear-view mirrors and various interior and exterior devices, including the changes of transitional provisions;
- installation of lighting and light-signalling devices for
- motor vehicles – corrections of reference to the 01 series of amendments to UN Regulation No. 148, clarification of the use of daytime running lamps (DRL) with other lamps, improvement of the definition of photometric stability and other updates of performance requirements (in the case of new series of amendments) including the changes to transitional provisions,
- L3 vehicles – updates introducing requirements for adaptive front-lighting systems (AFS) for motorcycles;
- tyres for commercial vehicles and their trailers – an update specifying that the maximum overall width of tyres identified by the “tyre to rim fitment configuration” symbol “A” includes a 4 per cent tolerance;
- mechanical couplings - an update clarifying the need to have a support device for centre axle trailers, independent of the type of coupling device;
- steering equipment – updates addressing cross-referencing issues in UN regulation No 79 with respect to UN regulation No 130 (lane departure warning system;
- tyres for agricultural vehicles and their trailers – an update extending the scope of the UN regulation to the tyre of speed category symbol E, reflecting technological progress, including other clarifications of requirements and editorial changes;
- busses and coaches - M2 and M3 vehicles - editorial corrections in the French version of the UN regulation;
- light emitting diodes light sources - editorial correction to the requirements of light emitting diode (LED) light sources;
- lane departure warning system (LDWS) – introducing emergency lane keeping system for motor vehicles of categories M1 and N1, in line with the EU type-approval, and adapting the requirements allowing vehicle operation in the Australian market, including the changes to transitional provisions;
- electronic stability control (ESC) systems – clarifications of requirements concerning the issue of tyre saturation;
- light-signalling devices – clarification of the requirements, editorial changes and improvements of the definition of photometric stability;
- road illumination devices - clarifications and changes to the requirements, including the failure detection requirements for the cornering lamp, editorial changes, the introduction of adaptive front-lighting systems (AFS) for motorcycles and a modification of the photometric stability test point of the passing beam and adaptive front-lighting system (AFS) Class C;
- retro-reflective devices – updates clarifying and correcting the text of the 00 and 01 series of amendments to UN regulation No 150 and the alignment of the procedure to follow in case of a surface reflection for both coefficient of luminous intensity (CIL) measurement and colour measurement;
- reversing motion – an update improving the clarity of certain provisions and changes to the requirements regarding the close proximity rear view field of vision, including the temporarily change of the view while manoeuvring and the deactivation of the rear-view image in case of vehicle coupling; and
- vulnerable road users direct vision – an update introducing requirements with regard to the visible volume to the front applicable to vehicles with narrower cabs or A pillars positioned inboard of the edge of the cab.
WP.29 plans to vote on these proposals at its meeting of 5 to 8 March 2024.
In addition, the EU's position needs to be established on:
- a proposal for amendments to the annex to the Framework document on automated vehicles, which outlines future activities and deliverables until mid-2026; and
- a proposal requesting the authorization to amend UN GTR Nos 6, 7 and 14 with a view to remove the reference of three-Dimensional H point machine.
The EU should support the above acts as they are in line with its internal market policy on the automotive industry regarding safety, automation, and emissions, 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 has reviewed 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 and 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.