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Document 52020PC0678
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
COM/2020/678 final
EUROPEAN COMMISSION
Brussels, 28.10.2020
COM(2020) 678 final
2020/0309(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the Decision establishing the position to be taken on the Union's behalf in the Joint Committee set up by the Agreement between the European Union and Japan for an Economic Partnership in connection with the envisaged adoption of a Decision of the Joint Committee concerning the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts.
2.Context of the proposal
2.1.The Agreement between the European Union and Japan for an economic Partnership
The Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) aims to liberalise and facilitate trade and investment, as well as to promote a closer economic relationship between the Parties. The Agreement entered into force on 1 February 2019.
2.2.The Joint Committee
Article 22.1 (1) of the Agreement establishes the Joint Committee comprising representatives of both Parties. Article 22.1 (4) provides that in order to ensure that the Agreement operates properly and effectively, “the Joint Committee shall:
(a)adopt at its first meeting its rules of procedure; and
(b)adopt at its first meeting the Rules of Procedure of a Panel and the Code of Conduct for Arbitrators as referred to in Article 21.30, as well as the Mediation Procedure as referred to in paragraph 2 of Article 21.6.”
According to Article 22.2 (3), all decisions and recommendations of the Joint Committee shall be taken by consensus.
2.3.The envisaged act of Joint Committee
In order to take into consideration the regulatory development that took place in Japan and in the EU as regards the implementation of UNECE regulations, it is proposed that the Joint Committee adopts a decision amending Appendices 2-C-1 and 2-C-2 of Annex 2-C of the Agreement. The modifications consist into including UNECE Regulations 53, 85, 145 and 146 in Appendix 2-C-1, and remove UNECE Regulations 53 and 85 from Appendix 2-C-2.
The envisaged act will become binding on the parties in accordance with Article 22.2(1) of the Agreement, which provides: ‘The Joint Committee may take decisions where provided for in this Agreement. The decisions taken shall be binding on the Parties. Each Party shall take the measures necessary to implement the decisions taken.’
3.Position to be taken on the Union's behalf
This proposal for a Council Decision establishes the position to be taken on the Union's behalf in the Joint Committee set up by the Agreement regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement.
Based on the assessment of the first Working Group on Motor Vehicles and Parts, the Parties agreed on recommending to the Joint Committee to adopt a decision amending the appendices above mentioned in order to reflect the progress achieved in the United Nations Economic Commission for Europe (UNECE) regulatory discussions since the signing of the Agreement.
The inclusion of those additional UN regulations in the relevant Appendices would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 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 by virtue of the rules of international law governing the body in question. It 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
The Joint Committee is a body set up by an agreement, namely the Agreement between the European Union and Japan for an Economic Partnership.
The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 22.2 of the Agreement.
The envisaged act does 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 in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to the common commercial policy.
Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.
4.3.Conclusion
The legal basis of the proposed decision is Article 207 TFEU in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
As the act of the Joint Committee will amend Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2020/0309 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) entered into force on 1 February 2019 2 .
(2)Annex 2-C on Motor Vehicles and Parts to the Agreement provides in Appendix 2-C-1 a list of UN Regulations applied by both Parties and in Appendix 2-C-2 a list of UN Regulations applied by one of the Parties and not yet considered by the other Party.
(3)Since the signing of the Agreement, and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the Parties apply additional UN Regulations that were not originally listed in Appendices 2-C-1 and 2-C-2. The inclusion of those additional UN regulations in the relevant Appendices would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties,
(4)Pursuant to Article 23.2(3) and 23.2 (4)(b) of the Agreement, in accordance with the respective domestic legal procedures of the Parties, the Joint Committee may adopt decisions to amend Appendices 2-C-1 and 2-C-2 to Annex 2-C of the Agreement.
(5)It is legally required to establish the position to be taken on the Union's behalf in the Joint Committee, as the envisaged decision of the Joint Committee will be binding on the Union.
(6)The Decision of the Joint Committee will amend the Agreement; therefore it is appropriate for that Decision to be published in the Official Journal of the European Union after its adoption by the Joint Committee,
HAS ADOPTED THIS DECISION:
Article 1
The position for the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C to the Agreement to be taken on the Union's behalf in the Joint Committee is set out in the Annex.
Article 2
This Decision is addressed to the Commission.
Article 3
The Decision of the Joint Committee shall be published in the Official Journal of the European Union.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 28.10.2020
COM(2020) 678 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership regarding the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts
DRAFT
DECISION No 3/2020 OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP
of [date]
on the amendment of Appendices 2-C-1 and 2-C-2 of Annex 2-C on Motor Vehicles and Parts
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Union and Japan for an Economic Partnership (hereinafter referred to as “the Agreement”), and in particular paragraphs 3 and 4(b) of Article 23.2 and paragraph 1 of Article 9 of Annex 2-C of the Agreement,
Whereas:
(1)Since the signing of the Agreement, and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the European Union and Japan (hereinafter referred to as “the Parties”) apply additional UN Regulations that were not originally listed in Appendices 2-C-1 and 2-C-2. The inclusion of those additional UN Regulations in Appendix 2-C-1 would increase the legal certainty for economic operators as regards the regulatory framework of the preferential trade relations between the Parties.
(2)Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11th November 2019, it has been confirmed to amend Appendix 2-C-1 by including UNECE Regulations 53, 85, 145 and 146, and to amend Appendix 2-C-2 by delisting UNECE Regulations 53 and 85.
(3)The Parties have already completed their internal procedures necessary for adoption of the Decision by the Joint Committee under the Agreement; and therefore envisage to exchange the diplomatic notes confirming the Decision within 15 days following the adoption.
HAS ADOPTED THIS DECISION:
Article 1
1.Appendix 2-C-1 of the Agreement is hereby replaced by the text of Annex 1 to this Decision.
2.Appendix 2-C-2 of the Agreement is hereby replaced by the text of Annex 2 to this Decision.
Article 2
This Decision is drawn up in duplicate in the authentic languages of the Agreement provided for in paragraph 1 of Article 23.8 of the Agreement, all texts being equally authentic.
Article 3
This Decision shall be confirmed by and enter into force upon the exchange of diplomatic notes in accordance with paragraph 3 of Article 23.2 of the Agreement. This Decision shall enter into force on the first day of the month following the exchange of those diplomatic notes.
Done at …,
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For the Joint Committee of the Agreement |
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Co-Chair [of Japan] |
Co-Chair [of the EU] |
Annex 1
APPENDIX 2-C-1
UN REGULATIONS APPLIED BY BOTH PARTIES
|
Regulation No. |
Title |
|
3 |
Uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers |
|
4 |
Uniform provisions concerning the approval of devices for the illumination of rear registration plates of power-driven vehicles and their trailers |
|
6 |
Uniform provisions concerning the approval of direction indicators for power-driven vehicles and their trailers |
|
7 |
Uniform provisions concerning the approval of front and rear position lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers |
|
10 |
Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility |
|
11 |
Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components |
|
12 |
Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact |
|
13 |
Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking |
|
13-H |
Uniform provisions concerning the approval of passenger cars with regard to braking |
|
14 |
Uniform provisions concerning the approval of vehicles with regard to safety-belt anchorages, ISOFIX anchorages systems, ISOFIX top tether anchorages and i-Size seating positions |
|
16 |
Uniform provisions concerning the approval of: I. Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems for occupants of power-driven vehicles II. Vehicles equipped with safety-belts, safety-belt reminder, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems |
|
17 |
Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints |
|
19 |
Uniform provisions concerning the approval of power-driven vehicle front fog lamps |
|
21 |
Uniform provisions concerning the approval of vehicles with regard to their interior fittings |
|
23 |
Uniform provisions concerning the approval of reversing and manoeuvring lamps for power-driven vehicles and their trailers |
|
25 |
Uniform provisions concerning the approval of head restraints (headrests), whether or not incorporated in vehicle seats |
|
26 |
Uniform provisions concerning the approval of vehicles with regard to their external projections |
|
27 |
Uniform provisions concerning the approval of advance warning triangles |
|
28 |
Uniform provisions concerning the approval of audible warning devices and of motor vehicles with regard to their audible signals |
|
30 |
Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers |
|
34 |
Uniform provisions concerning the approval of vehicles with regard to the prevention of fire risks |
|
37 |
Uniform provisions concerning the approval of filament lamps for use in approved lamp units of power-driven vehicles and of their trailers |
|
38 |
Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailers |
|
39 |
Uniform provisions concerning the approval of vehicles with regard to the speedometer and odometer equipment including its installation |
|
41 |
Uniform provisions concerning the approval of motor cycles with regard to noise |
|
43 |
Uniform provisions concerning the approval of safety glazing materials and their installation on vehicles |
|
44 |
Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles ("Child Restraint Systems") |
|
45 |
Uniform provisions concerning the approval of headlamp cleaners, and of power-driven vehicles with regard to headlamp cleaners |
|
46 |
Uniform provisions concerning the approval of devices for indirect vision and of motor vehicles with regard to the installation of these devices |
|
48 |
Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices |
|
50 |
Uniform provisions concerning the approval of front position lamps, rear position lamps, stop lamps, direction indicators and rear-registration-plate illuminating devices for vehicles of category L |
|
51 |
Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their sound emissions |
|
53 |
Uniform provisions concerning the approval of category L3 vehicles with regard to the installation of lighting and light-signalling devices |
|
54 |
Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers |
|
58 |
Uniform provisions concerning the approval of: I.Rear underrun protective devices (RUPDs) II.Vehicles with regard to the installation of an RUPD of an approved type III.Vehicles with regard to their rear underrun protection (RUP) |
|
60 |
Uniform provisions concerning the approval of two-wheeled motor cycles and mopeds with regard to driver-operated controls including the identification of controls, tell-tales and indicators |
|
62 |
Uniform provisions concerning the approval of power-driven vehicles with handlebars with regard to their protection against unauthorized use |
|
64 |
Uniform provisions concerning the approval of vehicles with regard to their equipment which may include: a temporary-use spare unit, run-flat tyres and/or a run-flat system, and/or a tyre pressure monitoring system |
|
66 |
Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure |
|
70 |
Uniform provisions concerning the approval of rear marking plates for heavy and long vehicles |
|
75 |
Uniform provisions concerning the approval of pneumatic tyres for L-category vehicles |
|
77 |
Uniform provisions concerning the approval of parking lamps for power-driven vehicles |
|
78 |
Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4 and L5 with regard to braking |
|
79 |
Uniform provisions concerning the approval of vehicles with regard to steering equipment |
|
80 |
Uniform provisions concerning the approval of seats of large passenger vehicles and of these vehicles with regard to the strength of the seats and their anchorages |
|
81 |
Uniform provisions concerning the approval of rear-view mirrors of two-wheeled power-driven vehicles with or without side car, with regard to the mounting of rear-view mirrors on handlebars |
|
85 |
Uniform provisions concerning the approval of internal combustion engines or electric drive trains intended for the propulsion of motor vehicles of categories M and N with regard to the measurement of net power and the maximum 30 minutes power of electric drive trains |
|
87 |
Uniform provisions concerning the approval of daytime running lamps for power-driven vehicles |
|
91 |
Uniform provisions concerning the approval of side-marker lamps for motor vehicles and their trailers |
|
93 |
Uniform provisions concerning the approval of: I.Front underrun protective devices (FUPDs) II.Vehicles with regard to the installation of an FUPD of an approved type III.Vehicles with regard to their front underrun protection (FUP) |
|
94 |
Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision |
|
95 |
Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a lateral collision |
|
98 |
Uniform provisions concerning the approval of motor vehicle headlamps equipped with gas-discharge light sources |
|
99 |
Uniform provisions concerning the approval of gas-discharge light sources for use in approved gas-discharge lamp units of power-driven vehicles |
|
100 |
Uniform provisions concerning the approval of vehicles with regard to specific requirements for the electric power train |
|
104 |
Uniform provisions concerning the approval of retro-reflective markings for vehicles of category M, N and O |
|
110 |
Uniform provisions concerning the approval of: I.Specific components of motor vehicles using compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system II.Vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system |
|
112 |
Uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing-beam or a driving-beam or both and equipped with filament lamps and/or light-emitting diode (LED) modules |
|
113 |
Uniform provisions concerning the approval of motor vehicle headlamps emitting a symmetrical passing-beam or a driving-beam or both and equipped with filament, gas-discharge light sources or LED modules |
|
116 |
Uniform provisions concerning the protection of motor vehicles against unauthorized use |
|
117 |
Uniform provisions concerning the approval of tyres with regard to rolling sound emissions and/or to adhesion on wet surfaces and/or to rolling resistance |
|
119 |
Uniform provisions concerning the approval of cornering lamps for power-driven vehicles |
|
121 |
Uniform provisions concerning the approval of vehicles with regard to the location and identification of hand controls, tell-tales and indicators |
|
123 |
Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles |
|
125 |
Uniform provisions concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver |
|
127 |
Uniform provisions concerning the approval of motor vehicles with regard to their pedestrian safety performance |
|
128 |
Uniform provisions concerning the approval of light emitting diode (LED) light sources for use in approved lamp units on power-driven vehicles and their trailers |
|
129 |
Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles (ECRS) |
|
130 |
Uniform provisions concerning the approval of motor vehicles with regard to the Lane Departure Warning System (LDWS) |
|
131 |
Uniform provisions concerning the approval of motor vehicles with regard to the Advanced Emergency Braking Systems (AEBS) |
|
134 |
Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of Hydrogen-Fuelled Vehicles (HFCV) 1 |
|
135 |
Uniform provisions concerning the approval of vehicles with regard to their Pole Side Impact performance (PSI) |
|
136 |
Uniform provisions concerning the approval of vehicles of category L with regard to specific requirements for the electric power train |
|
137 |
Uniform provisions concerning the approval of passenger cars in the event of a frontal collision with focus on the restraint system |
|
138 |
Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility |
|
139 |
Uniform provisions concerning the approval of passenger cars with regard to Brake Assist Systems (BAS) |
|
140 |
Uniform provisions concerning the approval of passenger cars with regard to Electronic Stability Control (ESC) systems |
|
141 |
Uniform provisions concerning the approval of vehicles with regard to their Tyre Pressure Monitoring Systems (TPMS) |
|
142 |
Uniform provisions concerning the approval of motor vehicles with regard to the installation of their tyres |
|
145 |
Uniform provisions concerning the approval of vehicles with regard to ISOFIX anchorage systems ISOFIX top tether anchorages and i-Size seating positions |
|
146 |
Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of hydrogen-fuelled vehicles of categories L1, L2, L3, L4 and L5 |
Annex 2
APPENDIX 2-C-2
UN REGULATIONS APPLIED BY ONE OF THE PARTIES AND NOT YET CONSIDERED BY THE OTHER PARTY
|
Regulation No. |
Title |
Date of application by the other Party 2 |
|
73 |
Uniform provisions concerning the approval of: I. Vehicles with regard to their lateral protection devices (LPD) II. Lateral protection devices (LPD) III. Vehicles with regard to the installation of LPD of an approved type according to Part II of this Regulation |
|
|
126 |
Uniform provisions concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non-original vehicle equipment |
