14649/13
COM(13)697
EXPLANATORY MEMORANDUM ON EUROPEAN UNIONDOCUMENT
PROPOSAL FOR ACOUNCIL DECISIONON THE POSITION TO BE TAKEN BY THE UNION IN THE ADMINISTRATIVE COMMITTEE OF THEUNITED NATIONS ECONOMIC COMMISSION FOR EUROPE REGARDING THE DRAFT REGULATION ONUNIFORM PROVISIONS CONCERNING THE RECYCLABILITY OF MOTOR VEHICLES
Submitted by the Department for Business, Innovation and Skills October2013
SUBJECT MATTER
1.The purpose of this document is to establish the voting position of the European Union within the United Nations Commission for Europe (UN-ECE) with respect to a new international regulatory proposal covering the recyclability of motor vehicles. Suchproposals are agreed in technical working groups, and then enacted at the political level by a body known as Working Party 29 (WP.29) or the World Forum for Harmonisation of Vehicle Regulations. All EU Member States are part of this forum, but the Commission delivers the EU votes on behalf of the Union. A vote is scheduled for the WP.29 meeting taking place 11-15 November.
2.The Lisbon Treaty sets out revised procedures on the interaction of the EU with international organisations and agreements and affects the specific rules covering EU participation in two international agreements on motor vehicles. The 1958 Agreement is an international agreement established under the auspices of the UN-ECE, which was put in place to assist industry by removing technical barriers to trade within Europe. The recyclability Regulation is being proposed under this 1958 Agreement.
3.The requirements for the type approval of motor vehicles with regard to their reusability, recyclability and recoverability are currently addressed at the EU level by Directive 2005/64/EC. Directive 2005/64/EC is based on Directive 2000/53/EC, which sets out the technical requirements for end-of-life vehicles. Both EU directives provide the legislative basis for the harmonisation of requirements for end-of-life vehicles at the EU level. The UNECE Regulation provides for harmonisation at the international level.
SCRUTINY HISTORY
4. There has been no previous scrutiny of the UNECE document. Directive 2005/64/EC, on which the UNECE proposal is based, was the subject of a previous Explanatory Memorandum – 7532/04 (2004) 162 Final, submitted by the Department of Trade and Industry in April 2004.
MINISTERIAL RESPONSIBILITY
5.TheSecretary of State for Business, Innovation and Skills has lead responsibility for the End of Life Vehicles Directive and associated matters. On environmental standards, the Secretary of State is represented by the Secretary of State for Environment Food & Rural Affairs at the Environment Council, where vehicle environmental standards are generally considered.
6.The Secretary of State for Business, Innovation and Skillsrepresents Government at the Internal Market Council which considers vehicle safety and security measures because DG-Enterprise (the Directorate General for industry in the Commission) holds responsibility for vehicle standards.
INTEREST OF THE DEVOLVED ADMINISTRATIONS
7.The devolved administrations have beenconsulted in the preparation of this Explanatory Memorandum.
LEGAL AND PROCEDURAL ISSUES
8.
i.Legal basis
Treaty Articles 114 and 218(9). The Department is content that these proposals do not give rise to competence creep.
ii.European Parliament Procedure
The consent of Parliament is not required.
iii.Voting procedure
Qualified majority voting.
- Impact on United Kingdom Law
There is no impact on UK law.
- Application to Gibraltar
These proposals, being measures under Article 114 TFEU which have as their objective the removal of barriers to free movement of goods, are not applicable to Gibraltar. Article 218(9) is of a procedural nature only.
vi.Fundamental rights analysis
No issues arise.
APPLICATION TO THE EUROPEAN ECONOMIC AREA
9.The proposal isapplicable to the European Economic Area.
SUBSIDIARITY
10.There are no implications for subsidiarity. It is well-established that the EU signs up to UN-ECE Regulations as a body in order to maximise the benefits of harmonisation.
POLICY IMPLICATIONS
11.The EUand MemberStates have a shared competence arrangement in the work of the vehicle sector of the UN-ECE. This is enshrined in the EU Accession documents, for example in Annex III to Council Decision 97/836/EC.
12.Member States present their own positions at a technical level. The Commission also does this, and in addition delivers the collective Member States’ voting position, which is formulated in the Council of the European Union. Every update to UN-ECE Regulations where the European Union is a contracting party is voted by the Member States on a qualified majority voting basis.
13.The proposed Regulation mirrors the existing requirements of Directive 2005/64/EC, which sets out measures governing the type approval of motor vehicles with regard to their reusability, recyclability and recoverability. Directive 2005/64/EC has been transposed into UK legislation. The requirements complement obligations under Directive 2000/53/EC for producers to achieve certain recycling targets for vehicles at end of life. The UNECE proposal harmonises the recyclability requirements at international level.
14. No new costs or burdens arise since the measures in question are already in place across the EU as a result of Directive 2005/64/EC.
CONSULTATION
15.In the normal course of development of UN-ECE Regulations, vehicle and component manufacturers are represented in the technical working groups. As such, they are fully engaged in the development process, and both UK and European vehicle manufacturers have indicated support for these proposals. No further consultation is planned.
IMPACT ASSESSMENT
16.The provisions of the UNECE regulation are entirely based on the requirements of 2005/64/EC and 2000/53/EC. These have been the subject of previous Explanatory Memorandum, and impact assessments attached at that time. No new burdens are imposed by the UNECE proposal.
FINANCIAL IMPLICATIONS
17.The proposals have no new financial implications.
TIMETABLE
18.We understand that this proposal is scheduled for consideration by the Council of Ministers on 22ndOctober in advance of the vote in the UN-ECE Administrative Committee on 11th November.
Michael Fallon MP
Minister of State for Business and Enterprise
Department for Business, Innovation & Skills