Council Decision (EU) 2019/399 of 7 March 2019 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 3, 4, 6, 7, 9, 10, 19, 23, 27, 38, 41, 48, 50, 51, 53, 55, 58, 62, 67, 69, 70, 73, 74, 77, 86, 87, 91, 92, 98, 104, 106, 107, 110, 112, 113, 116, 119, 122, 123 and 128, the proposal for an amendment to the Consolidated Resolution R.E.5, the proposals for four new UN Regulations, and the proposal for an amendment to Schedule 4 of the Revised 1958 Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

By Council Decision 97/836/EC^f1, 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 those prescriptions (‘Revised 1958 Agreement’). The Revised 1958 Agreement entered into force on 24 March 1998.

By Council Decision 2000/125/EC^f2, the Union acceded to 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 Parallel Agreement entered into force on 15 February 2000.

Pursuant to Article 1 of the Revised 1958 Agreement and Article 6 of the Parallel Agreement, the Administrative Committee of the Revised 1958 Agreement and the Executive Committee of the Parallel Agreement (‘the relevant UNECE Committees’) may adopt the proposals for modifications to UN Regulations Nos 0, 3, 4, 6, 7, 9, 10, 19, 23, 27, 38, 41, 48, 50, 51, 53, 55, 58, 62, 67, 69, 70, 73, 74, 77, 86, 87, 91, 92, 98, 104, 106, 107, 110, 112, 113, 116, 119, 122, 123 and 128; the proposal for an amendment to the Consolidated Resolution R.E.5; the proposals for four new UN Regulations; and the proposal for an amendment to Schedule 4 of the Revised 1958 Agreement (‘mega decision’).

The relevant UNECE Committees, during the 177th session of the World Forum to be held between 11 and 15 March 2019, are to adopt a mega decision in relation to the administrative provisions and uniform technical prescriptions for the approval of and global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles.

It is appropriate to establish the position to be taken on the Union's behalf in the relevant UNECE Committees, as regards the adoption of those modifications to Schedule 4 of the Revised 1958 Agreement, UN Regulations, and the Consolidated Resolution and those new UN Regulations, as the Regulations, in combination with the Consolidated Resolution, will be binding on the Union and capable of decisively influencing the content of Union law in the field of vehicle type-approval.

Directive 2007/46/EC of the European Parliament and of the Council^f3 replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated regulations adopted under the Revised 1958 Agreement (‘UN Regulations’) in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of Directive 2007/46/EC, UN Regulations have been increasingly incorporated into Union legislation.

In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 0, 3, 4, 6, 7, 9, 10, 19, 23, 27, 38, 41, 48, 50, 51, 53, 62, 67, 69, 70, 73, 74, 77, 86, 87, 91, 92, 98, 104, 106, 107, 110, 112, 113, 116, 119, 122, 123 and 128, as well as by the Consolidated Resolution R.E.5 need to be either amended or supplemented. In addition, certain provisions of UN Regulations Nos 55, 58 and 107 need to be corrected.

In order to clarify and consolidate the component-related requirements currently contained in several UN Regulations, three new UN Regulations on light-signalling devices (LSD), road illumination devices (RID) and retro-reflective devices (RRD) need to be adopted. Those new UN Regulations will replace, without changing any of the detailed technical requirements already in force to date, 20 UN Regulations (Nos 3, 4, 6, 7, 19, 23, 27, 38, 50, 69, 70, 77, 87, 91, 98, 104, 112, 113, 119 and 123) that will no longer be used for new type approvals of vehicles. On 6 November 2018, the Council adopted a Decision relating to the position to be taken with respect to all those 23 UN Regulations for the November 2018 session of the relevant UNECE Committees (176th session of the World Forum). However, the relevant Committees did not vote on those Regulations in that session,

HAS ADOPTED THIS DECISION: