PURPOSE: to adapt Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU).

NON-LEGISLATIVE ACT: Council Decision 2013/456/EC amending Decision 97/836/EC with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe 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’).

BACKGROUND: 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.

The changes to the Treaties and in particular the adoption of the Treaty on the Functioning of the European Union have substantially altered the decision making procedure to be followed for the conclusion of agreements between the Union and international organisations, making it necessary to adapt Decision 97/836/EC to the new procedures.

Decision 97/836/EC should therefore be amended accordingly.

CONTENT: with this Decision, Council Decision 97/836/EC is amended to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations

The objective is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety).

ENTRY INTO FORCE: the Decision enters into force on 17.09.2013.

The European Parliament adopted by 664 votes to 12, with 17 abstentions, a legislative resolution on the draft Council decision amending Decision 97/836/EC with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe 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’).

Parliament gave its consent to the draft Council decision.

The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) in which it recommends the European Parliament to give its consent to the draft Council Decision amending Decision 97/836/EC with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe 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').

PURPOSE: to adapt Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

BACKGROUND: by Council Decision 97/836/EC , the Union has acceded to the Agreement of the United Nations Economic Commission for Europe 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').

Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles replaced the Member States' approval systems with a Union approval procedure, establishing a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UNECE Regulations in the EU vehicle type-approval system, either as requirements for type-approval or as alternatives to EU legislation.

Since the adoption of Directive 2007/46/EC, UNECE Regulations have increasingly been incorporated into Union legislation in the framework of EU vehicle type-approval.

Changes to the Treaties on which the Union is founded occurred after the adoption of Decision 97/836/EC. The Treaty on the Functioning of the European Union has substantially altered the procedure to be followed for the conclusion of agreements between the Union and international organisations, making it necessary to adapt Decision 97/836/EC to the new procedures . The procedure for establishing the position to be adopted on the Union's behalf in the United Nations concerning the adoption of UNECE Regulations or amendments to UNECE Regulations should be adapted to the new procedures set out in Article 218(9) of the Treaty on the Functioning of the European Union. The same procedure should also be followed when the Union decides to apply UNECE Regulations to which it had not acceded at the time of its accession to the Revised Agreement, or decides to cease to apply a UNECE Regulation that it has previously accepted.

It is appropriate that the procedure for adopting proposed amendments to the Revised Agreement submitted by the Union, as well as the decision whether to raise an objection to a proposed amendment, be the same as the procedure for the accession to international agreements.

Decision 97/836/EC should therefore be amended accordingly.

LEGAL BASIS: Article 207(4) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this proposal, it is proposed to amend Decision 97/836/EC as follows :

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.".

Article 4 is 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 shall be construed as references to Article 4(2).

Article 5 is replaced by the following text:

“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. 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.".

Annex III is amended in line with the amendments to the procedures described above.

For further information, please refer to the summary of the Commission’s initial legislative proposal dated 04/05/2012.

PURPOSE: to adapt Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

BACKGROUND: by Council Decision 97/836/EC , the Union has acceded to the Agreement of the United Nations Economic Commission for Europe 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').

Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles replaced the Member States' approval systems with a Union approval procedure, establishing a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UNECE Regulations in the EU vehicle type-approval system, either as requirements for type-approval or as alternatives to EU legislation.

Since the adoption of Directive 2007/46/EC, UNECE Regulations have increasingly been incorporated into Union legislation in the framework of EU vehicle type-approval.

Changes to the Treaties on which the Union is founded occurred after the adoption of Decision 97/836/EC. The Treaty on the Functioning of the European Union has substantially altered the procedure to be followed for the conclusion of agreements between the Union and international organisations, making it necessary to adapt Decision 97/836/EC to the new procedures . The procedure for establishing the position to be adopted on the Union's behalf in the United Nations concerning the adoption of UNECE Regulations or amendments to UNECE Regulations should be adapted to the new procedures set out in Article 218(9) of the Treaty on the Functioning of the European Union. The same procedure should also be followed when the Union decides to apply UNECE Regulations to which it had not acceded at the time of its accession to the Revised Agreement, or decides to cease to apply a UNECE Regulation that it has previously accepted.

It is appropriate that the procedure for adopting proposed amendments to the Revised Agreement submitted by the Union, as well as the decision whether to raise an objection to a proposed amendment, be the same as the procedure for the accession to international agreements.

Decision 97/836/EC should therefore be amended accordingly.

LEGAL BASIS: Article 207(4) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

CONTENT: by means of this proposal, it is proposed to amend Decision 97/836/EC as follows :

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.".

Article 4 is 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 shall be construed as references to Article 4(2).

Article 5 is replaced by the following text:

“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. 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.".

Annex III is amended in line with the amendments to the procedures described above.

For further information, please refer to the summary of the Commission’s initial legislative proposal dated 04/05/2012.

PURPOSE: to adapt Council Decision 97/836/EC to the decision making procedures regarding international agreements set out in the Treaty on the Functioning of the European Union (TFEU).

PROPOSED ACT: Council Decision.

BACKGROUND: 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.

The changes to the Treaties and in particular the adoption of the Treaty on the Functioning of the European Union have substantially altered the decision making procedure to be followed for the conclusion of agreements between the Union and international organisations, making it necessary to adapt Decision 97/836/EC to the new procedures.

Decision 97/836/EC should therefore be amended accordingly.

IMPACT ASSESSMENT: IMPACT ASSESSMENT: no Impact Assessment was conducted for this proposal. In developing the proposal the European Commission has consulted stakeholders, in the framework of the Technical Committee - Motor Vehicles.

LEGAL BASIS: Articles 207(3) and 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the proposal amends Council Decision 97/836/EC to reflect the changes introduced by the TFEU to the decision making procedure to be followed for the establishment of the position of the Union when voting Regulations to be adopted by the UNECE and the conclusion of agreements between the Union and international organisations.

The objective of this proposal is to simplify and expedite the procedure regarding the voting of UNECE Regulations by the Commission on behalf of the Union, hence reducing the delay in the adoption of these acts in the framework of the UNECE. This is important as the EU vehicle type-approval system currently relies more and more on UNECE Regulations, which are replacing EU legislation (see Regulation (EC) No 661/2009 on General Safety ).

In addition, quicker adoption of legislation will allow for faster responses to regulatory requests from the operators.

BUDGETARY IMPLICATIONS: the proposal has no implication for the Union budget.