ISSN 1977-0677
Official Journal
of the European Union
L 133
English edition
Legislation
Volume 64
20 April 2021
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 133 |
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English edition |
Legislation |
Volume 64 |
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Corrigenda |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/1 |
COMMISSION DELEGATED REGULATION (EU) 2021/642
of 30 October 2020
amending Annex III to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain information to be provided on the labelling of organic products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (1), and in particular Article 23(2)(a) thereof,
Whereas:
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(1) |
Chapter III of Regulation (EU) 2018/848 lays down production rules applicable to organic production, while Annex III to that Regulation set out rules on, inter alia, packaging and transport of organic and in-conversion products. In particular, point 2.1 of that Annex requires certain information to be stated on the label or on an accompanying document. |
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(2) |
The feeding of livestock and aquatic animals with organic feed is one of the principles of organic production. However, the production rules allow, under certain conditions, the use of certain non-organic and in-conversion feed materials. |
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(3) |
In order to comply with organic production rules, the operators should be appropriately informed as regards the feed they use. In particular, they should know whether the feed is authorised in organic production, what is its exact composition and the proportion of organic, in-conversion and non-organic compounds of the feed. |
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(4) |
Plant reproductive material, including seeds, used for the organic production of plants or plant products has to be organic in accordance with point 1.8.1 of Part I of Annex II to Regulation (EU) 2018/848. However, due to the unavailability of organic plant reproductive material for certain species, subspecies or varieties, point 1.8.5 of Part I of that Annex allows the use of in-conversion plant reproductive material and provides for the authorisation to use non-organic plant reproductive material under certain conditions. |
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(5) |
Pursuant to Council Directive 66/401/EEC (2), seeds in mixtures of various genera, species or varieties of fodder plants may be placed on the market, provided that, inter alia, the percentage by weight of the various components, shown by species and, where appropriate, by variety, is reported on the official label. |
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(6) |
In view of the importance of the use of mixtures of fodder plant seeds to grant high nutritional quality of fodder, and including when not intended for use as fodder plants, to improve the adaptability of the plants to the regional agronomic conditions and to increase soil fertility and biodiversity, in particular when the seeds mixtures are used in agronomic practices for soil and water conservation such as cover crops and taking into account the lack of available organic or in-conversion seeds, it is possible to use seeds mixtures in compliance with organic production rules, even when containing organic and, in-conversion and authorised non-organic seeds of different plant species. For that purpose, precise information on the presence and amount of organic and in-conversion components of the mixtures should be available for the users, without prejudice to the requirements and information required under Directive 66/401/EEC. |
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(7) |
However, the label of the packaging of such mixtures should also indicate that their use is allowed only within the scope of the authorisation issued under point 1.8.5 of Part I of Annex II to Regulation (EU) 2018/848 and therefore, only in the territory of the Member State of the competent authority who granted it. |
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(8) |
Moreover, in order to promote the use of organic and in-conversion seeds and to ensure a harmonised quantitative minimum threshold, it is appropriate to set a minimum total percentage by weight of organic and in-conversion seeds that should be part of the mixture when reference to organic and in-conversion components will appear on the label. |
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(9) |
Point 2.1 of Annex III to Regulation (EU) 2018/848 should therefore be amended accordingly. |
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(10) |
In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848, |
HAS ADOPTED THIS REGULATION:
Article 1
Point 2.1 of Annex III to Regulation (EU) 2018/848 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2020.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 150, 14.6.2018, p. 1.
(2) Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298).
ANNEX
Point 2.1 of Annex III to Regulation (EU) 2018/848 is replaced by the following:
‘2.1. Information to be provided
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2.1.1. |
Operators shall ensure that organic products and in-conversion products are transported to other operators or units, including wholesalers and retailers, only in appropriate packaging, containers or vehicles closed in such a manner that alteration, including substitution, of the content cannot be achieved without manipulation or damage of the seal and provided with a label stating, without prejudice to any other indications required by Union law:
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2.1.2. |
Operators shall ensure that compound feed authorised in organic production transported to other operators or holdings, including wholesalers and retailers, are provided with a label stating, in addition to any other indications required by Union law:
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2.1.3. |
Without prejudice to Directive 66/401/EEC, operators shall ensure that on the label of the packaging of a mixture of fodder plant seeds containing organic and in-conversion or non-organic seeds of certain different plant species for which an authorisation has been issued under the relevant conditions laid down in point 1.8.5 of Part I of Annex II to this Regulation, information is provided on the exact components of the mixture, shown by percentage by weight of each component species, and where appropriate varieties.
In addition to the relevant requirements under Annex IV to Directive 66/401/EEC, that information shall include besides the indications required in the first paragraph of this point also the list of the component species of the mixture that are labelled as organic or in-conversion. The minimum total percentage by weight of organic and in-conversion seeds in the mixture shall be at least 70 %. In case the mixture contains non-organic seeds, the label shall also include the following statement: “The use of the mixture is only allowed within the scope of the authorisation and in the territory of the Member State of the competent authority which authorised the use of this mixture in conformity with point 1.8.5 of Annex II to Regulation (EU) 2018/848 on organic production and labelling of organic products.” The information referred to in points 2.1.1 and 2.1.2 may be presented solely on an accompanying document, if such a document can be undeniably linked with the packaging, container or vehicular transport of the product. This accompanying document shall include information on the supplier or the transporter.’ |
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/5 |
COMMISSION DELEGATED REGULATION (EU) 2021/643
of 3 February 2021
amending, for the purposes of its adaptation to technical and scientific progress, Part 1 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (1), and in particular Article 53(1) thereof,
Whereas:
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(1) |
Member States and stakeholders have requested that a number of the notes set out in subsection 1.1.3 of Part 1 of Annex VI to Regulation (EC) No 1272/2008 be amended. |
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(2) |
The Commission accepts that the wording of those notes needs to be improved. Some of the notes related to substances are inaccurate and bring in some uncertainty as to the correct interpretation of legal obligations. In particular, some of those notes could be interpreted as not requiring the substances with respect of which those notes apply to be classified at all under certain conditions, whereas, in fact, they should not be covered by the harmonised classification and labelling but should still be subject to classification in accordance with Title II of Regulation (EC) No 1272/2008 (self-classification). |
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(3) |
Regulation (EC) No 1272/2008 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1272/2008
Part 1 of Annex VI to Regulation (EC) No 1272/2008 is amended as set out in the Annex to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 2021.
For the Commission
The President
Ursula VON DER LEYEN
ANNEX
Part 1 of Annex VI to Regulation (EC) No 1272/2008 is amended as follows:
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(1) |
in point 1.1.3.1, notes J to R are replaced by the following:
(*1) Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).’;" |
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(2) |
in point 1.1.3.2, Notes 8 and 9 are replaced by the following:
The classification as a carcinogen shall apply unless it can be shown that the maximum theoretical concentration of releasable formaldehyde, irrespective of the source, in the mixture as placed on the market is less than 0,1 %.
The classification as a mutagen shall apply unless it can be shown that the maximum theoretical concentration of releasable formaldehyde, irrespective of the source, in the mixture as placed on the market is less than 1 %.’ |
(*1) Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).’;”
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/9 |
COMMISSION REGULATION (EU) 2021/644
of 15 April 2021
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fluxapyroxad, hymexazol, metamitron, penflufen and spirotetramat in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,
Whereas:
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(1) |
For fluxapyroxad, hymexazol, metamitron and spirotetramat maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For penflufen no MRLs were set in Regulation (EC) No 396/2005, and as this active substance is not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1)(b) of Regulation (EC) No 396/2005 applies. |
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(2) |
For fluxapyroxad the European Food Safety Authority (‘the Authority’), submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). For some products, it recommended raising or keeping the existing MRLs. The MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. The Authority concluded that concerning the MRLs for root and tuber vegetables, bulb vegetables, brassica vegetables, leaf vegetables, herbs and edible flowers, cardoons, celeries, Florence fennels, globe artichokes, leeks, rhubarbs, pulses, cereals, herbal infusions from leaves and herbs, herbal infusions from roots and sugar plants some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. All of these MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(3) |
For hymexazol the Authority submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It recommended lowering the MRL for sugar beet roots. As there is no risk for consumers, this MRL should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
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(4) |
For metamitron the Authority submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). It recommended lowering the existing MRLs for apples, pears, beetroots, carrots, horseradishes, parsnips, parsley roots/Hamburg roots parsley, turnips, onions and sugar beet roots. The MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. The Authority concluded that concerning the MRLs for strawberries, Roman rocket/rucola, baby leaf crops (including brassica species), spinaches and similar leaves, herbal infusions from leaves and herbs, herbal infusions from roots, seed spices and fruit spices some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for those products also should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. All of these MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(5) |
For penflufen the Authority submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It recommended keeping the existing MRL for potatoes. This MRL should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
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(6) |
For spirotetramat the Authority submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (6). It proposed to change the residue definition. It recommended lowering the existing MRLs for citrus fruits, pome fruits, strawberries, table olives, kiwi, avocados, bananas, granate apples/pomegranates, pineapples, other root and tuber vegetables except sugar beets, garlic, shallots, Solanaceae and Malvaceae, witloofs/Belgian endives, olives for oil production and chicory roots. For other products, it recommended raising or keeping the existing MRLs. The MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. The Authority concluded that concerning the MRLs for Brussels sprouts and kohlrabies some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for those products should also be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. All of these MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(7) |
Existing Codex maximum residue limits (CXLs) were taken into account in the reasoned opinions of the Authority. CXLs, which are safe for consumers in the Union were considered for MRL setting. |
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(8) |
As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or CXLs exist, MRLs should be set at the specific limit of determination (LOD) or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(9) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. As regards all substances concerned by this regulation, those laboratories concluded that for certain commodities technical development requires the setting of specific LODs. |
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(10) |
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance spirotetramat on ‘other small fruits and berries’, an application was submitted in accordance with Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. In accordance with Article 8 of Regulation (EC) No 396/2005, this application was evaluated by Germany and the evaluation report was forwarded to the Authority and to the Commission. The Authority assessed the evaluation report and gave a reasoned opinion (7) on the proposed MRLs. It recommended raising the existing MRLs for those products. The MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
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(11) |
In accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 applications for import tolerances were submitted for fluxapyroxad used in the United States on ‘other root and tuber vegetables except sugar beets’ and Brazil on coffee beans. The applicants claim that the authorised uses of that substance on such crops in those countries lead to residues exceeding the MRL contained in Regulation (EC) No 396/2005 and that a higher MRL are necessary to avoid trade barriers for the importation of those crops. In accordance with Article 8 of Regulation (EC) No 396/2005, those applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Authority and to the Commission. The Authority assessed the applications and the evaluation reports, examining in particular the risks to the consumer and, where relevant, to animals and gave reasoned opinions on the proposed MRLs (8). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public. |
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(12) |
As regards all applications, the Authority concluded that all requirements with respect to data were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant products showed that there is a risk that the acceptable daily intake or the acute reference dose is exceeded. |
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(13) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
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(14) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
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(15) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(16) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
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(17) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
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(18) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced in the Union or imported into the Union before 10 November 2021.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 10 November 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for fluxapyroxad according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020;18(1):5984.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for hymexazol according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(11):5895.
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for metamitron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020;18(1):5959.
(5) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for penflufen according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(10):5840.
(6) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for spirotetramat according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020;18(1):5960.
(7) Reasoned opinion on the modification of the existing maximum residue levels for spirotetramat in small fruits and berries. EFSA Journal 2019;17(11):5904.
(8) Reasoned opinion on the setting of import tolerances for fluxapyroxad in certain root crops and coffee beans. EFSA Journal 2020;18(1):5950.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
In Annex II the following columns for fluxapyroxad, hymexazol, metamitron, penflufen and spirotetramat are added: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
In Part A of Annex III the columns for fluxapyroxad, hymexazol, metamitron and spirotetramat are deleted. |
(*) Limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/29 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/645
of 15 April 2021
amending Annex I to Regulation (EU) No 605/2010 as regards the list of third countries or parts thereof from which the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products is authorised
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular Article 8, introductory sentence, and Article 8(1) and (4),and Article 9(4) thereof,
Whereas:
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(1) |
Commission Regulation (EU) No 605/2010 (2) lays down the public and animal health conditions and certification requirements for the introduction into the Union of consignments of raw milk, dairy products, colostrum and colostrum-based products and the list of third countries from which the introduction into the Union of such consignments is authorised. |
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(2) |
Annex I to that Regulation sets out a list of third countries or parts thereof authorised for the introduction into the Union of consignments of raw milk, dairy products, colostrum and colostrum-based products and indicates the type of treatment required for such commodities. |
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(3) |
The procedure to authorise Moldova to export milk and dairy products to the Union is ongoing and will be finalised in due time. Whilst that procedure is pending, Moldova made a request for an authorisation for the transit, through the Union, of ice-creams, which are considered non shelf-stable composite products containing dairy products. In order to be granted that authorisation, Moldova made a request for being placed in column C of Annex I to Regulation (EU) No 605/2010, as a third country whose raw milk and dairy products have undergone the treatment required by that Regulation (treatment ‘C’) to mitigate the risk of spreading foot-and-mouth disease through dairy products. |
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(4) |
In view of the guarantees given by the Moldovan competent authorities on the correct application of treatment ‘C’ on the milk products contained in the composite products, it is appropriate to place Moldova in column ‘C’ of Annex I to Regulation (EU) No 605/2010. |
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(5) |
This addition to column ‘C’ of Annex I should be without prejudice to obligations arising from other provisions of Union legislation concerning imports into, and placing on the market within, the Union of products of animal origin, in particular those relating to the listing of establishments under Article 5 of Commission Delegated Regulation (EU) 2019/625 (3). |
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(6) |
Regulation (EU) No 605/2010 should therefore be amended accordingly. |
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(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
In the table set out in Annex I to Regulation (EU) No 605/2010, the following entry is added after the entry for ‘MA-Morocco’:
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‘MD |
Moldova |
0 |
0 |
+’ |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 18, 23.1.2003, p. 11.
(2) Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption (OJ L 175, 10.7.2010, p. 1).
(3) Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/31 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/646
of 19 April 2021
laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of motor vehicles with regard to their emergency lane-keeping systems (ELKS)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (1), and in particular Article 7(6) in conjunction with Article 7(3) thereof,
Whereas:
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(1) |
Article 7(3) of Regulation (EU) 2019/2144 requires passenger cars and light commercial vehicles to be equipped with emergency lane-keeping systems. It is necessary to establish rules as regards uniform procedures and technical specifications for the type-approval of vehicles with regard to the emergency lane-keeping systems. |
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(2) |
The type-approval procedures set out in Regulation (EU) 2018/858 of the European Parliament and of the Council (2) apply to the type-approval of motor vehicles with regard to the emergency lane-keeping systems. To allow for a consistent approach with regard to the information to be provided in the information document referred to in Article 24(1)(a) of Regulation (EU) 2018/858, the information relevant for the emergency lane-keeping system should be further specified in this Regulation. |
|
(3) |
The EU type-approval certificate, referred to in Article 28(1) of Regulation (EU) 2018/858, to be issued for emergency lane-keeping systems, should be based on the respective Model template laid down in Annex III to Commission Implementing Regulation (EU) 2020/683 (3). However, the addendum to the type-approval certificate should contain the information specific to the emergency lane-keeping systems as defined in this Regulation, therefore the template for the type-approval certificate with the complemented addendum should be laid down in this Regulation. |
|
(4) |
In accordance with note 6 to the table in Annex II to Regulation (EU) 2019/2144, the application of the requirement for mandatory fitting an emergency lane-keeping system is deferred by two years with regard to motor vehicles with hydraulic power assisted steering systems. For that period, such vehicles should be equipped with a lane departure warning system meeting the requirements of this Regulation. |
|
(5) |
The emergency lane-keeping system is a driver assisting system that should provide warning to the driver and correct the trajectory only when the driver is unintentionally leaving the lane. |
|
(6) |
In accordance with national traffic legislation, drivers are allowed to cross dashed-lane markings and it is particularly difficult for current technologies to assess whether the crossing of dashed-lane markings by the driver is intentional or not. In order to avoid unnecessary interventions by the emergency lane-keeping system, which may prompt the driver to switch the system off and thus lead to loss of potential safety benefit, the emergency lane-keeping system should be required only to warn the driver and not to correct the vehicle trajectory when crossing dashed-lane markings. |
|
(7) |
The currently existing technologies for the emergency lane-keeping systems are based on the detection of lane markings and the performance of those systems cannot be guaranteed in the absence of such markings. Therefore, the emergency lane-keeping systems should not be required to operate in the absence of lane markings. |
|
(8) |
Given the complexity of the electronic control system(s) of emergency lane-keeping systems, it is necessary to supplement the tests provided in this Regulation by documentation, demonstrating the design and validation measures taken by the manufacturer to ensure that the emergency lane-keeping system operates safely in various situations. The relevant documentation to be provided by the manufacturer and the procedures for its assessment by the approval authorities or technical services shall be defined in this Regulation. |
|
(9) |
As Regulation (EU) 2019/2144 is to apply from 6 July 2022, this Regulation should apply from the same date. |
|
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles, |
HAS ADOPTED THIS REGULATION:
Article 1
Administrative provisions and technical specifications for the type-approval of motor vehicles with regard to the emergency lane-keeping systems
1. The information document, submitted in accordance with Article 24(1)(a) of Regulation (EU) 2018/858 with the application for type-approval of a type of vehicle with regard to the emergency lane-keeping system, shall consist of the information relevant for that system as contained in Part 1 of Annex I.
2. The type-approval of motor vehicles with regard to emergency lane-keeping systems shall be subject to the technical specifications set out in Part 2 of Annex I.
3. Where motor vehicles with hydraulic power assisted steering are equipped, instead of emergency lane-keeping systems, with lane departure warning systems as defined in Article 3(9) of Regulation (EU) 2019/2144, those lane departure warning systems shall comply with the relevant technical specifications set out in Part 2 of Annex I.
4. The EU type-approval certificate for a type of vehicle with regard to the emergency lane-keeping system, as referred to in Article 28(1) of Regulation (EU) 2018/858, shall be drawn up in accordance with Part 3 of Annex I.
Article 2
Safety audit
Procedures for verification of the safety aspects of electronic control systems of the emergency lane-keeping systems by the approval authorities or technical services and for the assessment of the technical documentation provided by the manufacturers are laid down in Annex II.
Article 3
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 6 July 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 April 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 325, 16.12.2019, p. 1.
(2) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
(3) Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1).
ANNEX I
PART 1
Information document for EU type-approval of vehicles with regard to their emergency lane-keeping systems
MODEL
Information document No … relating to the EU type-approval of a type of vehicle with regard to the emergency lane-keeping system.
The following information shall be supplied in triplicate and include a list of contents. Any drawings or pictures shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail.
If the systems, referred to in this information document have electronic controls, information concerning their performance shall be supplied.
0. GENERAL
|
0.1. |
Make (trade name of manufacturer): |
|
0.2. |
Type: |
|
0.2.1. |
Commercial name(s) (if available): |
|
0.3. |
Means of identification of type, if marked on the vehicle/component/separate technical unit: |
|
0.3.1. |
Location of that marking: |
|
0.4. |
Category of vehicle: |
|
0.5. |
Company name and address of manufacturer: |
|
0.8. |
Name(s) and address(es) of assembly plant(s): |
|
0.9. |
Name and address of the manufacturer’s representative (if any): |
1. GENERAL CONSTRUCTION CHARACTERISTICS
|
1.1. |
Photographs and/or drawings of a representative vehicle/component/separate technical unit: |
|
1.8. |
Hand of drive: left/right |
2. MASSES AND DIMENSIONS
(in kg and mm) (Refer to drawing where applicable)
|
2.6. |
Mass in running order
|
4. TRANSMISSION
|
4.5. |
Gearbox |
|
4.5.1. |
Type: Manual/Automatic/CVT(continuously variable transmission)/Fixedratio/Automised/Other/Wheel hub |
|
4.7. |
Maximum vehicle design speed (in km/h): |
|
6.6.1. |
Tyre/wheel combination(s) |
|
6.6.1.1. |
Axles |
|
6.6.1.1.1. |
Axle 1:
|
|
6.6.1.1.2. |
Axle 2:
etc. |
|
6.6.1.2. |
Spare wheel, if any: |
|
7.4. |
Emergency lane-keeping system (ELKS) |
|
7.4.1. |
Technical description and drawing of the system: |
|
7.4.2. |
Means to manually deactivate the ELKS: |
|
7.4.3. |
Description of the automatic deactivation (if fitted): |
|
7.4.4. |
Description of the automatic suppression (if fitted): |
|
7.5. |
Lane Departure Warning System (LDWS) |
|
7.5.1 |
Speed range of the LDWS: |
|
7.5.2. |
Technical description and drawing of the LDWS): |
|
7.6. |
Corrective Directional Control Function (CDCF) |
|
7.6.1 |
Speed range of the CDCF: |
|
7.6.2. |
Technical description and drawing of the system (in particular if the system uses steering or braking): |
Explanatory note:
This information document comprises the information relevant for the emergency lane keeping system and shall be completed in accordance with the template laid down in Annex I to Commission Implementing Regulation (EU) 2020/683.
PART 2
Technical specifications
|
1. |
Definitions
For the purpose of the Annexes, the following definitions shall apply: |
|
1.1. |
‘vehicle type with regard to its emergency lane-keeping system’ means a category of vehicles which do not differ in such essential aspects as:
|
|
1.2. |
‘corrective directional control function (CDCF)’ means a control function within an electronic control system whereby, for a limited duration, changes to the steering angle of one or more wheels and/or braking of individual wheels may result from the automatic evaluation of signals initiated on-board the vehicle optionally enriched by data provided off-board the vehicle, in order to correct lane departure, e.g. to avoid crossing lane markings, leaving the road; |
|
1.3. |
‘subject vehicle’ means the vehicle being tested; |
|
1.4. |
‘distance to lane marking (DTLM)’ means the remaining lateral distance (perpendicular to the lane marking) between the inner side of the lane marking and most outer edge of the tyre before the subject vehicle crosses the inner side of the lane marking; |
|
1.5. |
‘flat road’ means a road with a slope less than 1 % in the longitudinal direction and for the lateral direction, less than 2 % for half a lane width either side of the centreline and less than 3 % for the outer half of the lane; |
|
1.6. |
‘dry road’ means a road with a nominal peak braking coefficient of 0,9; |
|
1.7. |
‘The System’ means the electronic control system and complex electronic control systems that provide or form part of the control transmission of the emergency lane-keeping system, including the transmission links to or from other vehicle systems that act on the emergency lane-keeping system; |
|
1.8. |
‘units’ means the smallest divisions of system components which will be considered, since these combinations of components will be treated as single entities for purposes of identification, analysis or replacement; |
|
1.9. |
‘transmission links’ means any electric, mechanic, pneumatic or hydraulic equipment used for inter-connecting distributed units for the purpose of conveying signals, operating data or energy supply; |
|
1.10. |
‘electronic control system’ means a combination of units, designed to cooperate in the production of a vehicle control function by electronic data processing; |
|
1.11. |
‘complex electronic vehicle control system’ means an electronic control system in which a function controlled by an electronic system or the driver may be over-ridden by a higher level electronic control system/function, thus becoming part of the complex system, as well as any overriding of the system, including the transmission links to and from the overriding systems/function outside of the scope of this Regulation; |
|
1.12. |
‘control strategy’ means a strategy to ensure robust and safe operation of the function(s) of an electronic control system in response to a specific set of ambient and/or operating conditions (such as road surface condition, traffic intensity and other road users, adverse weather conditions, etc.), which may include the automatic deactivation of a function or temporary performance restrictions (e.g. a reduction in the maximum operating speed, etc.); |
|
1.13. |
‘safety concept’ means a description of the measures designed into the system, for instance within the electronic units, so as to address system integrity and ensure safe operation under fault and non-fault conditions, including in the event of an electrical failure. The possibility of a fallback to partial operation or even to a back-up system for vital vehicle functions may be a part of the safety concept. |
|
2. |
General requirements |
|
2.1. |
An emergency lane-keeping system (ELKS) shall comprise a lane departure warning system (LDWS) and a corrective directional control function (CDCF). |
|
2.1.1. |
The LDWS shall meet the requirements of points of 3.1 to 3.4 and point 3.5. |
|
2.1.2. |
The CDCF shall meet the requirements of points of 3.1 to 3.4 and point 3.6. |
|
2.2. |
ELKS lane departure warnings and interventions
Subject to specific requirements below the system shall be designed to minimise warnings and interventions for driver intended manoeuvres. |
|
3. |
Specific requirements |
|
3.1. |
ELKS failure warning
A warning shall be provided when there is a failure in the ELKS that prevents the requirements of this Regulation of being met. |
|
3.1.1. |
The failure warning shall be a constant visual warning signal. |
|
3.1.1.1. |
There shall not be an appreciable time interval between each ELKS self-check (an integrated function that checks for a system failure on a continuous basis at least while the system is active), and subsequently there shall not be a delay in illuminating the warning signal, in the case of an electrically detectable failure. |
|
3.1.1.2. |
Upon detection of any non-electrical failure condition (e.g. sensor misalignment), the warning signal as defined in point 3.1.1 shall be activated. |
|
3.1.2. |
If the vehicle is equipped with a means to deactivate the ELKS a warning shall be given when the system is deactivated according to point 3.2. This shall be a constant visual warning signal. The failure warning signal specified in point 3.1.1. may be used for this purpose. |
|
3.2. |
ELKS deactivation |
|
3.2.1. |
Manual deactivation
When a vehicle is equipped with a means to manually deactivate the ELKS function, either partially or fully, the following conditions shall apply as appropriate: |
|
3.2.1.1. |
The full ELKS function shall be automatically and fully reinstated upon each activation of the vehicle master control switch. |
|
3.2.1.2. |
The manual deactivation of the full ELKS shall not be possible with less than two deliberate actions, e.g. press and hold on a button, or select and confirm on menu option. It shall be possible to easily suppress acoustic warnings of the LDWS, but such action shall not at the same time deactivate the LDWS or the CDCF. |
|
3.2.1.3. |
The manual deactivation capability shall be tested in accordance with the relevant vehicle test(s) specified in point 3. |
|
3.2.2. |
Automatic deactivation
If the vehicle is equipped with a means to automatically deactivate the ELKS function, either partially or fully, for instance in situations such as off-road use, being towed, a trailer being hitched to the vehicle or the electronic stability control (ESC) being deactivated, the following conditions shall apply as appropriate: |
|
3.2.2.1. |
As part of the safety audit, the vehicle manufacturer shall provide a list of situations and corresponding criteria where the ELKS function is automatically deactivated which shall be annexed to the test report. |
|
3.2.2.2. |
The ELKS function shall be automatically and fully reactivated as soon as the conditions that led to the automatic deactivation are not present anymore. |
|
3.2.3. |
A constant visual warning signal shall inform the driver that the ELKS function has been deactivated. The failure warning signal specified in point 3.1.1 above may be used for this purpose. |
|
3.3. |
Automatic suppression |
|
3.3.1. |
For driver intended manoeuvres
As part of the safety audit, the manufacturer shall provide a documentation package which gives access to the basic design and logic of the system for detection of likely driver intended manoeuvres and automatic suppression of the ELKS. This package shall include a list of parameters detected and a basic description of the method used to decide that the system should be suppressed, including limit values where possible. For both the CDCF and LDWS, the Technical Service shall assess the documentation package to show that driver unintentional manoeuvres, within the scope of the lane keep test parameters (in particular lateral departure velocity), will not result in automatic suppression of the system. |
|
3.3.2. |
Automatic suppression of the ELKS is also permitted in situations when other driver assist or automated steering functions, (i.e. Automatically commanded steering function, emergency steering function or automated lane keeping), are controlling the lateral movement of the vehicle or other safety related functions (i.e. that is capable of changing the dynamic behaviour of the vehicle such as AEBS, ESC, etc.) are intervening. These situations shall be declared by the manufacturer as part of the safety audit. |
|
3.4. |
Provisions for periodic roadworthiness tests |
|
3.4.1. |
For the purpose of periodic roadworthiness tests of vehicles, it shall be possible to verify the following features of the ELKS:
|
|
3.4.2. |
At the time of type approval, the means to protect against simple unauthorised modification of the operation of the failure warning signal chosen by the manufacturer shall be confidentially outlined as part of the safety audit in Annex II. Alternatively, this protection requirement is fulfilled when a secondary means of checking the correct operational status of the ELKS is available. |
|
3.5. |
LDWS requirements |
|
3.5.1. |
Speed range
The LDWS shall be active at least within the vehicle speed range between 65 km/h and 130 km/h (or the maximum vehicle speed if it is lower than 130 km/h) and at all vehicle load conditions, unless deactivated as per point 3.2. |
|
3.5.2. |
Lane departure warning
When activated and operated within the prescribed speed range, the LDWS shall be able to warn the driver at the latest if the vehicle crosses over a visible lane marking for the lane in which it is running by more than a DTLM of – 0,3 m:
It is recognised that the performance required may not be fully achieved in other conditions than those listed above. However, the system shall not unreasonably switch the control strategy in these other conditions. The lane departure warning capability shall be tested in accordance with the relevant vehicle test(s) specified in point 4. |
|
3.5.3. |
LDWS warning indication |
|
3.5.3.1. |
The lane departure warning referred to in point 3.5.2 shall be noticeable by the driver and be provided by:
The warning mentioned above may be suppressed when there is a driver action which indicates an intention to depart from the lane; |
|
3.5.3.1.1. |
Where a visual signal is used for the lane departure warning, it may use the failure warning signal as specified in point 3.1.1 above in a flashing mode. |
|
3.5.3.1.2. |
When there is a lane keep intervention by the CDCF, this shall be considered a haptic warning according to point 3.5.3.1. |
|
3.5.3.2. |
The LDWS visual warning signal shall be activated following a vehicle master control switch ‘power-ON’. This requirement does not apply to warning signals shown in a common space. |
|
3.5.3.3. |
The LDWS visual warning signals shall be visible even by daylight; the satisfactory condition of the signals must be easily verifiable by the driver from the driver’s seat. |
|
3.5.3.4. |
The visual warning signal shall be tested in accordance with the relevant vehicle test(s) specified in point 4. |
|
3.6. |
CDCF performance requirements |
|
3.6.1. |
Speed range
The CDCF shall be active at least between 70 km/h and 130 km/h (or the maximum vehicle speed if it is below 130 km/h) and at all vehicle load conditions, unless deactivated as per point 3.2. However, in the case that the vehicle reduces its speed from above 70 km/h to below 70 km/h, the system shall be active at least until the vehicle speed reduces below 65 km/h. |
|
3.6.2. |
Lane keep
In the absence of conditions leading to deactivation or suppression of the system, the CDCF shall be able to prevent lane departure by crossing of visible lane markings in the scenarios shown in the following table by more than a DTLM of – 0,3 m:
It is recognised that the performances required for the scenarios in this table may not be fully achieved in other conditions than those listed above. However, the system shall not unreasonably switch the control strategy in these other conditions. This shall be demonstrated in accordance with the safety audit. The lane keep capability shall be tested in accordance with the relevant vehicle test(s) specified in point 5. |
|
3.6.3. |
Steering override |
|
3.6.3.1. |
The steering control effort necessary to override the directional control provided by the system shall not exceed 50 N. Significant loss of steering support once overridden shall not happen suddenly. |
|
3.6.3.2. |
For CDCF systems which do not act on the steering itself (e.g. differential braking type CDCF), the steering input shall not exceed 25 degrees. |
|
3.6.3.3. |
The steering override control effort shall be tested in accordance with the relevant vehicle test(s) specified in point 5. |
|
3.6.4. |
CDCF warning indication |
|
3.6.4.1. |
Every CDCF intervention shall immediately be indicated to the driver by a visual warning signal which is displayed for at least 1 second or as long as the intervention exists, whichever is longer. The visual signal may be the flashing of the failure warning signal specified in point 3.1.1. |
|
3.6.4.1.1. |
In the case of an intervention longer than 10 seconds, an acoustic warning signal shall be provided until the end of the intervention unless there is a driver action which indicates an intention to depart from the lane. |
|
3.6.4.1.2. |
In the case of two or more consecutive interventions within a rolling interval of 180 seconds and in the absence of a steering input by the driver during this intervention, an acoustic warning signal shall be provided by the system during the second and any further intervention within a rolling interval of 180 seconds. Starting with the third intervention (and subsequent interventions) the acoustic warning signal shall continue for at least 10 seconds longer than the previous warning signal. |
|
3.6.4.2. |
The requirements in points 3.6.4.1.1 and 3.6.4.1.2 shall be tested in accordance with the relevant vehicle test(s) specified in point 5. |
|
4. |
Test requirements for LDWS |
|
4.1. |
General provisions
Vehicles fitted with LDWS shall fulfil the appropriate tests requirements of this point |
|
4.2. |
Testing conditions
The tests shall be performed:
At the manufacturer’s discretion and with the agreement of the Technical Service the tests may be performed under conditions deviating from what is described above (e.g. at lower ambient air temperatures). |
|
4.2.1. |
Lane markings
The solid line and dashed lane markings on the road used for the tests shall be in line with one of those described in Annex 3 (Visible lane marking identification) to UN Regulation No 130. The markings shall be in good condition and of a material conforming to the standard for visible lane markings. The lane-marking layout used for the tests shall be recorded in the test report. The width of the lane (measured between the lane markings) shall be a minimum of 3,5 m for the purpose of the tests of this point. The vehicle manufacturer shall demonstrate, through the use of documentation, compliance with all other lane markings identified in Annex 3 (Visible lane marking identification) to UN Regulation No 130. Any of such documentation shall be appended to the test report. |
|
4.2.2. |
Subject vehicle conditions |
|
4.2.2.1. |
Test mass
The subject vehicle shall be tested in a load condition agreed between the manufacturer and the Technical Service. No load alteration shall be made once the test procedure has begun. The vehicle manufacturer shall demonstrate, through the use of documentation, that the system works at all load conditions. |
|
4.2.2.2. |
The subject vehicle shall be tested at the tyre pressures recommended by the vehicle manufacturer. |
|
4.2.2.3. |
Where the LDWS is equipped with a user-adjustable warning threshold, the tests specified in point 4.3 shall be performed with the warning threshold set at its maximum lane departure setting. No alteration shall be made once the test procedure has begun. |
|
4.2.2.4. |
Pre-test conditioning
If requested by the vehicle manufacturer the vehicle can be driven to calibrate the sensor system up to a maximum of 100 km on a mixture of urban and rural roads with other traffic and roadside furniture. |
|
4.3. |
Test procedures |
|
4.3.1. |
Visual warning signal verification test
With the vehicle stationary check that the visual warning signal(s) comply with the requirements of point 3.5.3.2. |
|
4.3.2. |
Lane departure warning test |
|
4.3.2.1. |
Drive the vehicle at a speed of 70 km/h +/– 3 km/h into the centre of the test lane in a smooth manner so that the attitude of the vehicle is stable.
Maintaining the prescribed speed, gently drift the vehicle, either to the left or the right, with a lateral departure velocity of between 0,1 and 0,5 m/s so that the vehicle crosses the lane marking. Repeat the test at a different rate of departure within the range 0,1 and 0,5 m/s. Repeat the above tests drifting in the opposite direction. |
|
4.3.2.2. |
The test requirements are fulfilled if the LDWS provides the lane departure warning indication mentioned in point 3.5.3.1 above at the latest when the DLTM is – 0,3 m. |
|
4.3.2.3. |
In addition, the vehicle manufacturer shall demonstrate to the satisfaction of the Technical Service that the requirements for the whole speed range and lateral departure velocity range are fulfilled. This may be achieved on the basis of appropriate documentation appended to the test report. |
|
4.3.3. |
Manual deactivation test |
|
4.3.3.1. |
If the vehicle is equipped with means to manually deactivate the ELKS (LDWS), turn the vehicle master control switch to the ‘Power ON’ position and deactivate the ELKS (LDWS). The warning signal specified in point 3.2.3 shall be activated.
Turn the master control switch to the ‘Power OFF’ position. Turn the vehicle master control switch to the ‘Power ON’ position and verify that the previously activated warning signal is not reactivated, thereby indicating that the ELKS (LDWS) has been reinstated as specified in point 3.2.1.1. |
|
5. |
Test requirements for CDCF |
|
5.1. |
General provisions
Vehicles fitted with CDCF shall fulfil the appropriate tests requirements of this point. |
|
5.2. |
Testing conditions
The tests shall be performed:
At the manufacturer’s discretion and with the agreement of the Technical Service the tests may be performed under conditions deviating from what is described above (e.g. at lower ambient air temperatures). |
|
5.2.1. |
Lane markings
The solid lane marking on the road used for the tests shall be in line with one of those described in Annex 3 (Visible lane marking identification) to UN Regulation No 130. The marking shall be in good condition and of a material conforming to the standard for visible lane markings. The lane-marking used for the tests shall be recorded in the test report. The solid lane marking shall be a minimum of 3,5 m distance from any other lane markings, for the purpose of the tests of this point. The vehicle manufacturer shall demonstrate, through the use of documentation, compliance with all other solid lane markings identified in Annex 3 (Visible lane marking identification) to UN Regulation No 130. Any of such documentation shall be appended to the test report. |
|
5.2.2. |
Subject vehicle conditions |
|
5.2.2.1. |
Test mass
The subject vehicle shall be tested in a load condition agreed between the manufacturer and the Technical Service. No load alteration shall be made once the test procedure has begun. The vehicle manufacturer shall demonstrate, through the use of documentation, that the system works at all load conditions. |
|
5.2.2.2. |
The subject vehicle shall be tested at the tyre pressures recommended by the vehicle manufacturer. |
|
5.2.2.3. |
Where the CDCF is equipped with a user-adjustable timing threshold, the test specified in point 5.3.3 shall be performed with the timing threshold set at its latest setting for system intervention. No alteration shall be made once the test procedure has begun. |
|
5.2.2.4. |
Pre-test conditioning
If requested by the vehicle manufacturer the vehicle can be driven to calibrate the sensor system up to a maximum of 100 km on a mixture of urban and rural roads with other traffic and roadside furniture. |
|
5.3. |
Tests procedures |
|
5.3.1. |
Warning Indication test |
|
5.3.1.1. |
The subject vehicle shall be driven with an activated CDCF on a road with solid lane markings on at least one side of the lane.
The test conditions and the subject vehicle test speed shall be within the operating range of the system. During the test, the duration of the CDCF interventions and of the visual and acoustic warning signals shall be recorded. In the case referred to in point 3.6.4.1.1, the subject vehicle shall be driven such that it attempts to leave the lane and causes CDCF intervention to be maintained for a period longer than 10 seconds. If such a test cannot be practically achieved due to e.g. the limitations of the test facilities, with the consent of the Type Approval Authority this requirement may be fulfilled through the use of documentation. The test requirements are fulfilled if the acoustic warning is provided no later than 10 seconds after the beginning of the intervention. In the case referred to in point 3.6.4.1.2., the subject vehicle shall be driven in such a way that it attempts to leave the lane and causes at least three interventions of the system within a rolling interval of 180 seconds. The test requirements are fulfilled if all the following conditions are met:
|
|
5.3.1.2. |
In addition, the manufacturer shall demonstrate to the satisfaction of the Technical Service that the requirements defined in points 3.6.4.1.1 and 3.6.4.1.2 are fulfilled in the whole range of CDCF operation. This may be achieved on the basis of appropriate documentation appended to the test report. |
|
5.3.2. |
Steering override test |
|
5.3.2.1. |
The subject vehicle shall be driven with an activated CDCF on a road with solid lane markings on each side of the lane.
The test conditions and the subject vehicle test speed shall be within the operating range of the system. The vehicle shall be driven such that it attempts to leave the lane and causes CDCF intervention. During the intervention, the driver shall apply the steering control effort necessary to override the intervention. The force and steering input applied by the driver on the steering control to override the intervention shall be recorded. The test requirements are fulfilled if:
|
|
5.3.2.2. |
In addition, the manufacturer shall demonstrate to the satisfaction of the Technical Service that the requirements defined in paragraph 3.6.4 are fulfilled in the whole range of CDCF operation. This may be achieved on the basis of appropriate documentation appended to the test report. |
|
5.3.3. |
Lane keep test |
|
5.3.3.1. |
The CDCF shall be tested for test scenarios No 1 and No 2 described in point 3.6.2. |
|
5.3.3.1.1. |
Tests for all scenarios shall be performed with lateral velocities of 0,2 m/s and 0,5 m/s. |
|
5.3.3.1.2. |
A test path shall be driven which consists of an initial straight path parallel to the solid lane marking being tested, followed by a fixed radius curve to apply a known lateral velocity and yaw to the subject vehicle, followed again by a straight path without any force applied on the steering control (e.g. by removing the hands from the steering control).
|
|
5.3.3.1.3. |
The subject vehicle speed during the test up to the point of system intervention shall be 72 km/h +/– 1 km/h.
The curve of fixed radius driven to apply the lateral velocity required shall have a radius 1 200 m or more. The lateral velocity required shall be achieved to a tolerance of +/– 0,05 m/s. The vehicle manufacturer shall provide information describing the radius of the curve to be driven and the location when the closed loop path and/or speed control shall be ended so as to ensure a free drifting in order not to interfere an automatic suppression according to point 3.3.1. |
|
5.3.3.2. |
The test requirements are fulfilled if the subject vehicle does not cross the lane marking by a DTLM of more than – 0,3 m. |
|
5.3.3.3. |
In addition, the vehicle manufacturer shall demonstrate to the satisfaction of the Technical Service that the requirements for the whole speed range and lateral departure velocity range are fulfilled. This may be achieved on the basis of appropriate documentation appended to the test report. |
PART 3
EU TYPE-APPROVAL CERTIFICATE (VEHICLE SYSTEM)
Communication concerning granting/extension/refusal/withdrawal (4) of type-approval of a type of vehicle with regard to its emergency lane-keeping system in accordance with the requirements laid down in Commission Implementing Regulation (EU) 2021/646 (5) [PO: this Regulation], as last amended by Regulation (EU) No 2021/646
Number of the EU type-approval certificate:
Reason for extension/refusal/withdrawal (1):
SECTION I
|
0.1. |
Make (trade name of manufacturer): |
|
0.2. |
Type: |
|
0.2.1. |
Commercial name(s) (if available): |
|
0.3. |
Means of identification of type, if marked on the vehicle: |
|
0.3.1. |
Location of that marking: |
|
0.4. |
Category of vehicle: |
|
0.5. |
Name and address of manufacturer: |
|
0.8. |
Name(s) and address(es) of assembly plant(s): |
|
0.9. |
Name and address of the manufacturer’s representative (if any): |
SECTION II
|
1. |
Additional information (where applicable): see Addendum. |
|
2. |
Technical service responsible for carrying out the tests: |
|
3. |
Date of test report: |
|
4. |
Number of test report: |
|
5. |
Remarks (if any): see Addendum. |
|
6. |
Place: |
|
7. |
Date: |
|
8. |
Signature: |
(1) Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
(2) Commission Implementing Regulation (EU) 2019/621 of 17 April 2019 on the technical information necessary for roadworthiness testing of the items to be tested, on the use of the recommended test methods, and establishing detailed rules concerning the data format and the procedures for accessing the relevant technical information (OJ L 108, 23.4.2019, p. 5).
(3) OJ L 178, 18.6.2014, p. 29.
(4) Delete where not applicable.
(5) Commission Implementing Regulation (EU) 2021/646 of 19 April 2021 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of motor vehicles with regard to their emergency lane-keeping systems (ELKS) (OJ L 133, 20.4.2021, p. 31).
Addendum
to EU type-approval certificate number
1.
Additional information
1.1.
Description of the system
1.2.
Means to manually deactivate the ELKS
1.3.
Description of the automatic deactivation (if fitted).
1.4.
Description of the automatic suppression (if fitted)
1.5.
Lane Departure Warning System (LDWS)
1.5.1
Speed range of the LDWS
1.5.2.
Technical description and drawing of the LDWS)
1.6.
Corrective Directional Control Function (CDCF)
1.6.1
Speed range of the CDCF
1.6.2.
Description of the system (in particular if the system uses steering or braking)
ANNEX II
SAFETY AUDIT
|
1. |
General |
|
1.1. |
This Annex defines the special requirements for documentation, fault strategy and verification with respect to the safety aspects of electronic control system(s) and complex electronic vehicle control system(s) of the emergency lane-keeping system. |
|
1.1.1. |
Electronic control systems are commonly controlled by software and are built from discrete functional components such as sensors, electronic control units and actuators and connected by transmission links. They may include mechanical, electro-pneumatic or electro-hydraulic elements. |
|
1.2. |
This Annex does not specify the performance criteria for the ‘The System’ covered by this Regulation but covers the methodology applied to the design process and the information which must be disclosed to the Technical Service, for type approval purposes. |
|
1.3. |
This information shall show that ‘The System’ respects, under non-fault and fault conditions, all the appropriate performance requirements specified in Part 2 of Annex I and that it is designed to operate in such a way that it does not induce safety critical risks. |
|
2. |
Documentation |
|
2.1. |
Requirements
The manufacturer shall provide a documentation package which gives access to the basic design of ‘The System’ and the means by which it is linked to other vehicle systems or by which it directly controls output variables. The function(s) of ‘The System’, including the control strategies, and the safety concept, as laid down by the manufacturer, shall be explained. Documentation shall be brief, yet provide evidence that the design and development has had the benefit of expertise from all the system fields which are involved. For periodic roadworthiness tests, the documentation shall describe how the current operational status of ‘The System’ can be checked. The Technical Service shall assess the documentation package to show that ‘The System’:
|
|
2.1.1. |
Documentation shall be made available in two parts:
|
|
2.2. |
A description shall be provided which gives a simple explanation of all the functions including control strategies of ‘The System’ and the methods employed to achieve the objectives, including a statement of the mechanism(s) by which control is exercised.
Any described function that can be over-ridden shall be identified and a further description of the changed rationale of the function’s operation provided. |
|
2.2.1. |
A list of all input and sensed variables shall be provided and the working range of these defined, along with a description of how each variable affects system behaviour. |
|
2.2.2. |
A list of all output variables which are controlled by ‘The System’ shall be provided and an indication given, in each case, of whether the control is direct or via another vehicle system. The range over which ‘The System’ is likely to exercise control on each output variable shall be defined. |
|
2.2.3. |
Limits defining the boundaries of functional operation (i.e. the external physical limits within which the system is able to maintain control) shall be stated where appropriate to system performance. |
|
2.3. |
System layout and schematics. |
|
2.3.1. |
Inventory of components.
A list shall be provided, collating all the units of ‘The System’ and mentioning the other vehicle systems which are needed to achieve the control function in question. An outline schematic showing these units in combination, shall be provided with both the equipment distribution and the interconnections made clear. |
|
2.3.2. |
Functions of the units
The function of each unit of ‘The System’ shall be outlined and the signals linking it with other units or with other vehicle systems shall be shown. This may be provided by a labelled block diagram or other schematic, or by a description aided by such a diagram. |
|
2.3.3. |
Interconnections within ‘The System’ shall be shown by a circuit diagram for the electric transmission links, by a piping diagram for pneumatic or hydraulic transmission equipment and by a simplified diagrammatic layout for mechanical linkages. The transmission links both to and from other systems shall also be shown. |
|
2.3.4. |
There shall be a clear correspondence between transmission links and the signals carried between units. Priorities of signals on multiplexed data paths shall be stated wherever priority may be an issue affecting performance or safety. |
|
2.3.5. |
Identification of units
Each unit shall be clearly and unambiguously identifiable (e.g. by marking for hardware and marking or software output for software content) to provide corresponding hardware and documentation association. Where functions are combined within a single unit or indeed within a single computer, but shown in multiple blocks in the block diagram for clarity and ease of explanation, only a single hardware identification marking shall be used. The manufacturer shall, by the use of this identification, affirm that the equipment supplied conforms to the corresponding document. |
|
2.3.5.1. |
The identification defines the hardware and software version and, where the latter changes such as to alter the function of the Unit as far as this Regulation is concerned, this identification shall also be changed. |
|
2.4. |
Safety concept of the manufacturer |
|
2.4.1. |
The manufacturer shall provide a statement which affirms that the strategy chosen to achieve ‘The System’ objectives will not, under non-fault conditions, prejudice the safe operation of the vehicle. |
|
2.4.2. |
In respect of software employed in ‘The System’, the outline architecture shall be explained and the design methods and tools used shall be identified. The manufacturer shall show evidence of the means by which they determined the realisation of the system logic, during the design and development process. |
|
2.4.3. |
The manufacturer shall provide the Technical Service with an explanation of the design provisions built into ‘The System’ so as to generate safe operation under fault conditions. Possible design provisions for failure in ‘The System’ are for example:
In case of a failure, the driver shall be warned for example by warning signal or message display. When the system is not deactivated by the driver, e.g. by turning the ignition (run) switch to ‘off’, or by switching off that particular function if a special switch is provided for that purpose, the warning shall be present as long as the fault condition persists. |
|
2.4.3.1. |
If the chosen provision selects a partial performance mode of operation under certain fault conditions, then these conditions shall be stated and the resulting limits of effectiveness defined. |
|
2.4.3.2. |
If the chosen provision selects a second (back-up) means to realise the vehicle control system objective, the principles of the change-over mechanism, the logic and level of redundancy and any built in back-up checking features shall be explained and the resulting limits of back-up effectiveness defined. |
|
2.4.3.3. |
If the chosen provision selects the removal of the higher level electronic control function, all the corresponding output control signals associated with this function shall be inhibited, and in such a manner as to limit the transition disturbance. |
|
2.4.4. |
The documentation shall be supported, by an analysis which shows, in overall terms, how the system will behave on the occurrence of any of those hazards or faults which will have a bearing on vehicle control performance or safety.
The chosen analytical approach(es) shall be established and maintained by the Manufacturer and shall be made open for inspection by the Technical Service at the time of the type approval. The Technical Service shall perform an assessment of the application of the analytical approach(es). The assessment shall include:
The assessment shall consist of spot checks of selected hazards and faults to establish that argumentation supporting the safety concept is understandable and logical and validation plans are suitable and have been completed. The Technical Service may perform or may require to perform tests as specified in point 3. to verify the safety concept. |
|
2.4.4.1. |
This documentation shall itemize the parameters being monitored and shall set out, for each fault condition of the type defined in point 2.4.4., the warning signal to be given to the driver and/or to service/technical inspection personnel. |
|
2.4.4.2. |
This documentation shall describe the measures in place to ensure the ‘The System’ does not prejudice the safe operation of the vehicle when the performance of ‘The System’ is affected by environmental conditions e.g. climatic, temperature, dust ingress, water ingress, ice packing. |
|
3. |
Verification and test |
|
3.1. |
The functional operation of ‘The System’, as laid out in the documents required in point 2., shall be tested as follows: |
|
3.1.1. |
Verification of the function of ‘The System’
The Technical Service shall verify ‘The System’ under non-fault conditions by testing a number of selected functions from those described by the manufacturer in point 2.2. For complex electronic systems, these tests shall include scenarios whereby a declared function is overridden. |
|
3.1.1.1. |
The verification results shall correspond with the description, including the control strategies, provided by the manufacturer in point 2.2. |
|
3.1.2. |
Verification of the safety concept of point 2.4.
The reaction of ‘The System’ shall be checked under the influence of a failure in any individual unit by applying corresponding output signals to electrical units or mechanical elements in order to simulate the effects of internal faults within the unit. The Technical Service shall conduct this check for at least one individual unit, but shall not check the reaction of ‘The System’ to multiple simultaneous failures of individual units. The Technical Service shall verify that these tests include aspects that may have an impact on vehicle controllability and user information (HMI aspects). |
|
4. |
Reporting by Technical Service
Reporting of the assessment by the Technical Service shall be performed in such a manner that allows traceability, e.g. versions of documents inspected are coded and listed in the records of the Technical Service. An example of a possible layout for the assessment form from the Technical Service to the Type Approval Authority is given in the Appendix. |
Appendix
Model assessment form for ELKS
Test report No:
|
1. |
Identification. |
|
1.1. |
Vehicle make: |
|
1.2 |
Type |
|
1.3 |
Means of identification of type if marked on the vehicle: |
|
1.4. |
Location of that marking: |
|
1.5. |
Manufacturer’s name and address: |
|
1.6. |
If applicable, name and address of manufacturer’s representative: |
|
1.7. |
Manufacturer’s formal documentation package:
Documentation reference No: Date of original issue: Date of latest update: |
|
2. |
Test vehicle(s)/system(s) description |
|
2.1. |
General description: |
|
2.2. |
Description of all the control functions of ‘The System’, and methods of operation: |
|
2.3. |
Description of the components and diagrams of the interconnections within ‘The System’: |
|
2.4. |
General description: |
|
2.5. |
Description of all the control functions of ‘The System’, and methods of operation: |
|
2.6. |
Description of the components and diagrams of the interconnections within “The System |
|
3. |
Manufacturer’s safety concept |
|
3.1. |
Description of signal flow and operating data and their priorities: |
|
3.2. |
Manufacturer’s declaration:
The manufacturer(s)…affirm(s) that the strategy chosen to achieve ‘The System’ , objectives will not, under non-fault conditions, prejudice the safe operation of the vehicle. |
|
3.3. |
Software outline architecture and the design methods and tools used: |
|
3.4. |
Explanation of design provisions built into ‘The System’ under fault conditions: |
|
3.5. |
Documented analyses of the behaviour of ‘The System’ under individual hazard or fault conditions: |
|
3.6. |
Description of the measures in place for environmental conditions: |
|
3.7. |
Provisions for the periodic roadworthiness test of ‘The System’: |
|
3.8. |
Results of ‘The System’ verification test, referred to in point 3.1.1. of Annex II to Commission Implementing Regulation (EU) 2021/646 (1). |
|
3.9. |
Results of safety concept verification test, referred to in point 3.1.2. of Annex II to Implementing Regulation (EU) 2021/646. |
|
3.10. |
Date of test: |
|
3.11. |
This test has been carried out and the results reported in accordance with Regulation (EU) 2021/646, as last amended by Regulation (EU) 2021/646
Technical Service carrying out the test Signed: … Date: … |
|
3.12. |
Comments: |
(1) Commission Implementing Regulation (EU) 2021/646 of 19 April 2021 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of motor vehicles with regard to their emergency lane-keeping systems (ELKS) (OJ L 133, 20.4.2021, p. 31).
DIRECTIVES
|
20.4.2021 |
EN |
Official Journal of the European Union |
L 133/54 |
COMMISSION DELEGATED DIRECTIVE (EU) 2021/647
of 15 January 2021
amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of certain lead and hexavalent chromium compounds in electric and electronic initiators of explosives for civil (professional) use
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(a) thereof,
Whereas:
|
(1) |
Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annex III to that Directive. |
|
(2) |
The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive. |
|
(3) |
Lead and hexavalent chromium are restricted substances listed in Annex II to Directive 2011/65/EU. |
|
(4) |
On 19 January 2018, the Commission received an application made in accordance with Article 5(3) of Directive 2011/65/EU for an exemption to be listed in Annex III to that Directive, for the use of lead and hexavalent chromium compounds in electric and electronic initiators of explosives for civil (professional) use (‘the requested exemption’). |
|
(5) |
The evaluation of the request included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during these consultations were made publicly available on a dedicated website. |
|
(6) |
Certain lead and hexavalent chromium compounds are used in essential parts of electric and electronic initiators (EEI), such as electric fuseheads, primary explosive charges and pyrotechnic delay charges. EEI are a part of electric and electronic detonators that are primarily used for mining of minerals, construction and demolition activities, as well as in components of integrated rescue systems. |
|
(7) |
Currently, there are no alternatives for lead diazide, lead styphnate, lead dipicramate, orange lead (lead tetroxide), lead dioxide in EEI and for barium chromate in long time pyrotechnic delay charges of EEI available on the market which would meet all essential requirements in order to ensure safe operation of EEI. |
|
(8) |
Due to the lack of alternatives, a substitution or elimination of lead diazide, lead styphnate, lead dipicramate, orange lead (lead tetroxide), lead dioxide and barium chromate is scientifically and technically impracticable in certain EEI components. The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) and thus does not weaken the environmental and health protection afforded by it. |
|
(9) |
It is, therefore, appropriate to grant the requested exemption by including the applications covered by it in Annex III to Directive 2011/65/EU with respect to electrical and electronic equipment of category 11. |
|
(10) |
The requested exemption should be granted for a duration of 5 years starting from 20 April 2021, in accordance with the first subparagraph of Article 5(2) of Directive 2011/65/EU. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation. |
|
(11) |
Directive 2011/65/EU should therefore be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 31 October 2021 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 1 November 2021.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 15 January 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 174, 1.7.2011, p. 88.
(2) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
ANNEX
In Annex III to Directive 2011/65/EU, the following entry 45 is added:
|
‘45 |
Lead diazide, lead styphnate, lead dipicramate, orange lead (lead tetroxide), lead dioxide in electric and electronic initiators of explosives for civil (professional) use and barium chromate in long time pyrotechnic delay charges of electric initiators of explosives for civil (professional) use |
Applies to category 11 and expires on 20 April 2026’ |
DECISIONS
|
20.4.2021 |
EN |
Official Journal of the European Union |
L 133/57 |
COUNCIL DECISION (CFSP) 2021/648
of 16 April 2021
amending Decision (CFSP) 2018/299 promoting the European network of independent non-proliferation and disarmament think tanks in support of the implementation of the EU Strategy against proliferation of weapons of mass destruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 26 February 2018 the Council adopted Decision (CFSP) 2018/299 (1). |
|
(2) |
Decision (CFSP) 2018/299 provides for an implementation period of 42 months, beginning on the date of conclusion of the financing agreement referred to in Article 3(3) thereof, for the activities referred to in Article 1 thereof (‘the implementation period’). |
|
(3) |
On 18 February 2021 the EU Non-Proliferation and Disarmament Consortium, in its capacity as the implementing entity, requested the authorisation of the Union to extend the implementation period until 17 May 2022 because of challenges arising from the continuing COVID-19 pandemic. |
|
(4) |
The activities referred to in Article 1 of Decision (CFSP) 2018/299 can be continued until 17 May 2022 without any consequences as regards financial resources. |
|
(5) |
Decision (CFSP) 2018/299 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2018/299 is amended as follows:
|
(1) |
in Article 5, paragraph 2 is replaced by the following: ‘2. This Decision shall expire on 17 May 2022.’; |
|
(2) |
section 4 of the Annex is replaced by the following: ‘4. Duration The total estimated duration of the implementation of the projects is 48 months. The projects will end on 17 May 2022.’. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 16 April 2021.
For the Council
The President
A. P. ZACARIAS
(1) Council Decision (CFSP) 2018/299 of 26 February 2018 promoting the European network of independent non-proliferation and disarmament think tanks in support of the implementation of the EU Strategy against proliferation of weapons of mass destruction (OJ L 56, 28.2.2018, p. 46).
|
20.4.2021 |
EN |
Official Journal of the European Union |
L 133/59 |
COUNCIL DECISION (CFSP) 2021/649
of 16 April 2021
on Union support for activities of the ATT Secretariat in support of the implementation of the Arms Trade Treaty
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy.
Whereas:
|
(1) |
The Arms Trade Treaty (ATT) was adopted by the United Nations (UN) General Assembly on 2 April 2013 through its Resolution A/RES/67/234 B. The ATT was subsequently opened for signature on 3 June 2013 and entered into force on 24 December 2014. All Member States are parties to the ATT. |
|
(2) |
The ATT aims to establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms and to prevent and eradicate the illicit trade in conventional arms and prevent their diversion. Key challenges in achieving the aims of the ATT are its effective implementation by States Parties to the ATT (‘States Parties’) and its universalisation, bearing in mind that regulating international arms trade is by definition a global endeavour. To contribute to addressing those challenges, the Council adopted Decision 2013/768/CFSP (1) on 16 December 2013 and Decision (CFSP) 2017/915 (2) on 29 May 2017, thereby enlarging the export control-related assistance portfolio of the Union with activities specific to the ATT. |
|
(3) |
The ATT establishes a Secretariat (the ‘ATT Secretariat’) to assist States Parties in the effective implementation of the ATT. The ATT Secretariat undertakes the following responsibilities: to receive, make available and distribute the reports as mandated by the ATT; to maintain and make available to States Parties the list of national points of contact; to facilitate the matching of offers of and requests for assistance for ATT implementation and promote international cooperation as requested; to facilitate the work of the Conference of States Parties, including making arrangements and providing the necessary services for meetings under the ATT; and to perform other duties as decided by the Conferences of States Parties. The ATT Secretariat also administers the Voluntary Trust Fund established by States Parties under Article 16(3) of the ATT to assist States Parties’ implementation of the ATT. In addition, the Fourth Conference of States Parties entrusted the ATT Secretariat with the administration of the ATT Sponsorship Programme, established to facilitate the participation of State representatives in ATT meetings. |
|
(4) |
In its 2016 Global Strategy for the European Union’s Foreign and Security Policy, the Union commits itself to promoting a rules-based global order. The Union has an interest in promoting agreed rules to provide global public goods and contribute to a peaceful and sustainable world. The Union promotes a rules-based global order with multilateralism as its key principle and the UN at its core. The Union strongly supports the expanding membership, universalisation, full implementation and enforcement of multilateral disarmament, non-proliferation and arms control treaties and regimes, including the ATT. In the context of those overarching policy goals, support for the ATT Secretariat fits well within the specific aim of strengthening the multilateral system underpinning a responsible trade in arms. |
|
(5) |
The ATT Secretariat is well placed to liaise with all multilateral, regional, national and civil society organisations executing projects in support of ATT universalisation or implementation. The Union is also a longstanding provider of export control assistance in dual-use goods, supporting the development of legal frameworks and institutional capacities for the establishment and enforcement of effective export controls on dual-use and military goods. The ATT Secretariat aims to ensure that its projects are complementary to the Union’s existing dual-use goods and arms export control assistance programmes, such as those under Decision (CFSP) 2017/915, |
HAS ADOPTED THIS DECISION:
Article 1
1. For the purpose of supporting the effective implementation and universalisation of the Arms Trade Treaty (ATT), the Union shall support activities of the ATT Secretariat that have the following objectives:
|
— |
to support States Parties to the ATT in strengthening their arms transfer control systems for the effective implementation of the ATT, |
|
— |
to strengthen the institutional set-up of the ATT Secretariat as the principal body to assist States Parties to the ATT in implementing the ATT. |
2. In order to achieve the objectives set out in paragraph 1, the Union shall support the following project activities:
|
(a) |
support for capacity building of ATT national points of contact; |
|
(b) |
establishing an expert roster to build the capacity of local and regional ATT experts to provide advice and training on ATT implementation at local and regional levels (‘training the trainers’); |
|
(c) |
support for a database to match needs and resources. |
A detailed description of the project activities referred to in this paragraph is set out in the Annex.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall be responsible for implementing this Decision.
2. The technical implementation of the project activities referred to in Article 1(2) shall be carried out by the ATT Secretariat.
3. The ATT Secretariat shall perform its tasks under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with the ATT Secretariat.
Article 3
1. The financial reference amount for the implementation of the project activities referred to in Article 1(2) shall be EUR 1 370 000.
2. The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union’s budget.
3. The Commission shall supervise the proper management of the expenditure financed by the reference amount set out in paragraph 1. For that purpose, it shall conclude the necessary agreement with the ATT Secretariat. The agreement shall stipulate that the ATT Secretariat is to ensure the visibility of the Union’s contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the agreement.
Article 4
1. The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the ATT Secretariat. The reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall provide information on the financial aspects of the implementation of the project activities referred to in Article 1(2).
Article 5
This Decision shall enter into force on the date of its adoption.
It shall expire 24 months after the date of conclusion of the agreement referred to in Article 3(3), or six months after the date of its adoption if that agreement has not been concluded within that period.
Done at Brussels, 16 April 2021.
For the Council
The President
A. P. ZACARIAS
(1) Council Decision 2013/768/CFSP of 16 December 2013 on EU activities in support of the implementation of the Arms Trade Treaty, in the framework of the European Security Strategy (OJ L 341, 18.12.2013, p. 56).
(2) Council Decision (CFSP) 2017/915 of 29 May 2017 on Union outreach activities in support of the implementation of the Arms Trade Treaty (OJ L 139, 30.5.2017, p. 38).
ANNEX
PROJECT DOCUMENT
1. Projects
1.1. Project 1: Support for capacity building of ATT national points of contact
1.1.1. Overall project objective
To build the capacity of States Parties national points of contact, including increasing their knowledge of ATT obligations and raising their awareness with respect to ATT process developments.
1.1.2. Background
Upon the recommendation of the Working Group on Transparency and Reporting, the 3rd Conference of State Parties mandated the ATT Secretariat to ‘prepare a guidance document for National Points of Contact describing the role and possible tasks for that function, including that of ensuring that mandatory ATT reporting is prepared and submitted in a timely and complete fashion’. Beyond this, the ATT Secretariat has identified a need to ensure national points of contact participate in ATT meetings – including preparatory and Working Group meetings – in a constructive way.
1.1.3. Activities and outputs
This project would involve the following activities/deliverables:
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(a) |
Preparation of a guidance document for National Points of Contact describing the role and possible tasks for that function; |
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(b) |
Creation of a web page /portal dedicated specifically to National Points of Contact, with links to information pertinent to them; |
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(c) |
Organisation of three half- to one-day briefings in advance of every ATT meeting dedicated to National Points of Contact, in which they would be provided with information and updates on the forthcoming meeting and be given the opportunity to ask questions and clarify information; and |
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(d) |
Establishment of a mechanism to regularly and systematically reach out to National Points of Contact on an individual basis to support their ATT engagement. |
1.1.4. Expected outcomes of the project
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(a) |
Increased knowledge of ATT obligations (including reporting) among ATT national points of contact; |
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(b) |
Increased awareness of the ATT process; |
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(c) |
Wide dissemination of informational materials about the ATT to national points of contact and beyond. |
1.1.5. Beneficiaries
States Parties’ National Points of Contact.
1.2. Project 2: Expert roster (training the trainers)
1.2.1. Overall project objective
To build the capacity of local and regional ATT experts to provide advice and training on ATT implementation at the local and regional levels in order to reduce the reliance on international consultants and organisations, improve the quality of training and implementation assistance and to contribute to better tailoring capacity-building efforts.
1.2.2. Background
While some Voluntary Trust Fund (VTF) projects have been implemented with the support of local organisations and national or regional consultants, the majority of VTF projects that have been implemented since the VTF was established by the 2nd Conference of State Parties have involved/engaged international experts and/or a project implementing partner that is an international organisation (such as a UN entity) or an international NGO. Continued reliance on international expertise is not efficient or sustainable for the following reasons:
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(1) |
The international travel required for international experts to attend and facilitate training workshops and the daily fees or honoraria demanded by international experts are expensive (relative to the costs associated with engaging a local or regional expert); and |
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(2) |
Continued reliance on international experts does not build the capacity and expertise of local and regional consultants, who may be able to provide sustained and tailored training and implementation assistance over the longer-term. |
In addition, it is clear from VTF experience that some consultants and organisations would require development support in order to fully undertake their roles in the ATT implementation projects. The ATT Secretariat would like to address the issues of dependence on international consultants and organisations and the quality of some of the training and assistance provided through a project that seeks to build the capacity of local and regional consultants to provide training and implementation assistance.
1.2.3. Activities and outputs
This project would involve the following activities/deliverables:
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(a) |
Designing a ‘train the trainers’ workshop that would build the capacity of local and regional consultants to deliver quality training and implementation assistance; |
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(b) |
Preparing training materials to facilitate the ‘train the trainers’ workshops; |
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(c) |
Undertaking outreach to consultants in targeted regions to participate in the tailored ‘train the trainers’ workshops; and |
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(d) |
Holding six ‘train the trainer’ workshops in different regions. |
1.2.4. Expected outcomes of the project
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(a) |
Increased number of local and regional consultants that are ATT ‘experts’, as endorsed by the ATT Secretariat, who can deliver quality training and implementation assistance at the local and regional level; |
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(b) |
Development of a public list of consultants that are endorsed by the ATT Secretariat as capable of delivering quality ATT training and implementation assistance (expert roster). Such a list could, for example, be circulated to prospective VTF recipients who are searching for consultants or project implementing partners. |
1.2.5. Beneficiaries
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— |
Local and regional consultants. |
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— |
Donors and recipients of the VTF. |
1.3. Project 3: Support for a matching needs and resources database
1.3.1. Overall project objective
To develop a mechanism for the matching of offers of and requests for assistance for Treaty implementation in order to reduce the duplication and overlap of ATT assistance projects and increase the number of States that receive targeted assistance.
1.3.2. Background
Under Article 18(3)(c) of the ATT, the ATT Secretariat is mandated to ‘Facilitate the matching of offers of and requests for assistance for Treaty implementation’. While States Parties are encouraged to seek assistance, where needed, and provide assistance, upon request, there is no formal mechanism for seeking or offering assistance under the ATT. Furthermore, the current reporting templates do not include a facility to request or offer assistance (as templates in other processes – such as the UN Programme of Action on Small Arms and Light Weapons – do). The ATT Secretariat would like to explore the options for developing a database or other mechanism for matching needs and resources for ATT implementation in fulfilment of its obligation under the Treaty and to enhance international cooperation and assistance.
1.3.3. Activities and outputs
This project would involve the following activities/deliverables:
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(a) |
Exploring options for establishing a mechanism for matching needs and resources, including through a comparative review of existing mechanisms in other fora, as well as consultations with both recipients and donors; |
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(b) |
Designing and establishing a matching needs and resources mechanism, including an electronic database of requests for and offer of assistance as well as the development of an online tool for requesting assistance; and |
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(c) |
Launching, publicising and maintaining the matching needs and resources mechanism. |
1.3.4. Expected outcome of the project
Enhanced information on States Parties’ assistance needs as well as available resources to address those needs.
The mechanism developed would be closely aligned with the Voluntary Trust Fund (administered by the ATT Secretariat) to ensure complementarity between the assistance mechanisms.
1.3.5. Beneficiaries
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— |
States Parties and Signatory States seeking assistance for ATT implementation. |
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— |
Donor States seeking ATT implementation projects to support. |
2. Considerations
2.1. Ensuring complementarity with ongoing ATT outreach
The ATT Secretariat is familiar with other funds engaged in funding ATT implementation-related projects, such as the UN Trust Facility Supporting Cooperation on Arms Regulation (UNSCAR) and, of course, the EU ATT Outreach Project. The ATT Secretariat has worked closely with the managers/implementers of both actions, including the German Federal Office for Economic Affairs and Export Control (BAFA) and Expertise France, in an effort to avoid duplication of funding. This has involved sharing information on a regular – and confidential – basis on applications received and projects approved by the different funds.
In the context of the EU support to the ATT Secretariat, the ATT Secretariat would build/capitalise on the relationship developed with BAFA and Expertise France to ensure complementarity between the ATT Secretariat’s EU-funded project and the ongoing work of the EU ATT Outreach Project. For example, the ATT Secretariat would engage members of the EU’s pool of experts to participate in an expert workshop to validate the training materials developed for the ‘train the trainers’ element of Project 2 (Expert roster (training the trainers)), and to share their experiences and lessons learned.
In addition, the ATT Secretariat would seek input from the implementing partners of the EU ATT Outreach Projects in the identification of State representatives and other individuals to be selected for participation in the ATT Secretariat’s ‘train the trainers’ programme. The ATT Secretariat could also work with EU ATT Outreach implementing partners and experts to extract assistance needs target States may have that were identified as part of the EU roadmap exercise and other EU outreach. Such information could be used to populate the matching needs and resources database contemplated in Project 3 (Support for a matching needs and resources database).
In summary, the ATT Secretariat sees many opportunities for a continuing dialogue/partnership with the EU ATT Outreach Project to ensure complementarity between the two projects as they strive towards the shared goal of effective ATT implementation.
2.2. Impact and implications of COVID-19
COVID-19 is impacting most countries around the world, albeit to varying degrees. The restrictions on movement, meeting size, and travel that many countries have put in place in response to the outbreak are likely to have an impact on the implementation of ATT projects over the coming months, possibly years.
Given, too, that the duration of the COVID-19 outbreak and its impacts are unclear and cannot be predicted at this stage, it will be difficult to know with any certainty what the implications are for those project activities that involve international travel and/or face-to-face meetings, as well as timelines.
The ATT Secretariat will factor these circumstances into its project planning in the following ways:
First, the ATT Secretariat has prepared a draft project schedule for the implementation of the three projects outlined in the proposal that ensures that as much of the desk-based preparation, planning, outreach, research, and drafting required for each of the projects is undertaken during the first 15 months of the project (April 2021-June 2022). Those activities that require face-to-face engagement – namely the ‘train the trainer’ workshops contemplated in Project 2 (Expert roster (training the trainers)) – would be scheduled to take place in the second year of the project (July – November 2022). Of course, in the event that the COVID pandemic is still impacting the ability to travel and conduct face-to-face workshops in October 2022, an extension of time or other contingency plan may need to be considered.
Second, the ATT Secretariat has contingency plans in place with respect to certain project activities that contemplate face-to-face or in-person engagement. For example, Project 1 (Support for capacity building of ATT national points of contact) contemplates the organisation of a half- to one-day briefing in advance of every ATT meeting (starting in the 8th Conference of State Parties cycle) dedicated to National Points of Contact, in which they would be provided with information and updates on the forthcoming meeting and be given the opportunity to ask questions and clarify information. While it is hoped these briefings can and will take place in person in advance of each ATT meeting (as well as the meeting itself), if this is not possible due to COVID constraints, such briefings could be held virtually, by region (if necessary) to address time-zone and language factors.
Corrigenda
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20.4.2021 |
EN |
Official Journal of the European Union |
L 133/66 |
Corrigendum to Council Decision (EU) 2021/486 of 15 March 2021 on the position to be taken on behalf of the European Union in the written procedure by the Participants to the Sector Understanding on Export Credits for Civil Aircraft contained in Annex III to the Arrangement on Officially Supported Export Credits as regards the Common Line on the temporary deferral of loan principal repayment
( Official Journal of the European Union L 100 of 23 March 2021 )
On the cover page, on page 11 and page 12, adoption date:
for:
‘15 March 2021’,
read:
‘15 February 2021’.
