DECISION No 2/2021 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP
of 25 January 2021
on the amendment of Appendices 2-C-1 and 2-C-2 to Annex 2-C on Motor Vehicles and Parts [2021/110]
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’), and in particular paragraph 3 and subparagraph 4(b) of Article 23.2 thereof and paragraph 1 of Article 9 of Annex 2-C to the Agreement,
Whereas:
(1)
Since the signing of the Agreement and as a result of the progress in regulatory discussions in the United Nations Economic Commission for Europe (UNECE), the European Union and Japan (‘the Parties’) now apply two additional UN Regulations that were not listed in Appendix 2-C-1 to Annex 2-C to the Agreement. Furthermore, two UN Regulations that were listed in Appendix 2-C-2 to Annex 2-C to the Agreement are now applied by both Parties and are to be transferred to Appendix 2-C-1. Appendices 2-C-1 and 2-C-2 should therefore be updated in accordance with Article 9 of Annex 2-C to the Agreement. Such an update will increase the legal certainty for economic operators as regards the regulatory framework for the preferential trade relations between the Parties.
(2)
Following the favourable assessment of the Working Group on Motor Vehicles and Parts of 11 November 2019, it has been confirmed to amend Appendix 2-C-1 by including UN Regulations 53, 85, 145 and 146 and to amend Appendix 2-C-2 by delisting UN Regulations 53 and 85.
(3)
The Parties have already completed their domestic legal procedures necessary for adoption of this Decision. They intend to exchange the diplomatic notes confirming this Decision within 15 days following its adoption,
HAS ADOPTED THIS DECISION:
Article 1
1. Appendix 2-C-1 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 1 to this Decision.
2. Appendix 2-C-2 to Annex 2-C to the Agreement is replaced by the text appearing in Annex 2 to this Decision.
Article 2
This Decision is drawn up in duplicate. Article 1 and Annexes are drawn up in the authentic languages of the Agreement provided for in paragraph 1 of Article 23.8 of the Agreement, all texts being equally authentic.
Article 3
This Decision shall be confirmed by the exchange of diplomatic notes between the European Union and the Government of Japan in accordance with paragraph 3 of Article 23.2 of the Agreement. This Decision shall enter into force on the first day of the month following that exchange of diplomatic notes.
For the Joint Committee of the Agreement
Toshimitsu MOTEGI
Co-Chair [of Japan]
Valdis DOMBROVSKIS
Co-Chair [of the EU]
ANNEX 1
‘APPENDIX 2-C-1
UN REGULATIONS APPLIED BY BOTH PARTIES
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Regulation No |
Title |
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3 |
Uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers |
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4 |
Uniform provisions concerning the approval of devices for the illumination of rear registration plates of power-driven vehicles and their trailers |
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6 |
Uniform provisions concerning the approval of direction indicators for power-driven vehicles and their trailers |
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7 |
Uniform provisions concerning the approval of front and rear position lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers |
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10 |
Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility |
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11 |
Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components |
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12 |
Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact |
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13 |
Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking |
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13-H |
Uniform provisions concerning the approval of passenger cars with regard to braking |
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14 |
Uniform provisions concerning the approval of vehicles with regard to safety-belt anchorages, ISOFIX anchorages systems, ISOFIX top tether anchorages and i-Size seating positions |
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16 |
Uniform provisions concerning the approval of:
II.
Vehicles equipped with safety-belts, safety-belt reminder, restraint systems, child restraint systems, ISOFIX child restraint systems and i-Size child restraint systems
17
Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints
19
Uniform provisions concerning the approval of power-driven vehicle front fog lamps
21
Uniform provisions concerning the approval of vehicles with regard to their interior fittings
23
Uniform provisions concerning the approval of reversing and manoeuvring lamps for power-driven vehicles and their trailers
25
Uniform provisions concerning the approval of head restraints (headrests), whether or not incorporated in vehicle seats
26
Uniform provisions concerning the approval of vehicles with regard to their external projections
27
Uniform provisions concerning the approval of advance warning triangles
28
Uniform provisions concerning the approval of audible warning devices and of motor vehicles with regard to their audible signals
30
Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers
34
Uniform provisions concerning the approval of vehicles with regard to the prevention of fire risks
37
Uniform provisions concerning the approval of filament lamps for use in approved lamp units of power-driven vehicles and of their trailers
38
Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailers
39
Uniform provisions concerning the approval of vehicles with regard to the speedometer and odometer equipment including its installation
41
Uniform provisions concerning the approval of motor cycles with regard to noise
43
Uniform provisions concerning the approval of safety glazing materials and their installation on vehicles
44
Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles (“Child Restraint Systems”)
45
Uniform provisions concerning the approval of headlamp cleaners, and of power-driven vehicles with regard to headlamp cleaners
46
Uniform provisions concerning the approval of devices for indirect vision and of motor vehicles with regard to the installation of these devices
48
Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices
50
Uniform provisions concerning the approval of front position lamps, rear position lamps, stop lamps, direction indicators and rear-registration-plate illuminating devices for vehicles of category L
51
Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their sound emissions
53
Uniform provisions concerning the approval of category L3 vehicles with regard to the installation of lighting and light-signalling devices
54
Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers
58
Uniform provisions concerning the approval of:
I.
Rear underrun protective devices (RUPDs)
II.
Vehicles with regard to the installation of an RUPD of an approved type
III.
Vehicles with regard to their rear underrun protection (RUP)
60
Uniform provisions concerning the approval of two-wheeled motor cycles and mopeds with regard to driver-operated controls including the identification of controls, tell-tales and indicators
62
Uniform provisions concerning the approval of power-driven vehicles with handlebars with regard to their protection against unauthorized use
64
Uniform provisions concerning the approval of vehicles with regard to their equipment which may include: a temporary-use spare unit, run-flat tyres and/or a run-flat system, and/or a tyre pressure monitoring system
66
Uniform provisions concerning the approval of large passenger vehicles with regard to the strength of their superstructure
70
Uniform provisions concerning the approval of rear marking plates for heavy and long vehicles
75
Uniform provisions concerning the approval of pneumatic tyres for L-category vehicles
77
Uniform provisions concerning the approval of parking lamps for power-driven vehicles
78
Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4 and L5 with regard to braking
79
Uniform provisions concerning the approval of vehicles with regard to steering equipment
80
Uniform provisions concerning the approval of seats of large passenger vehicles and of these vehicles with regard to the strength of the seats and their anchorages
81
Uniform provisions concerning the approval of rear-view mirrors of two-wheeled power-driven vehicles with or without side car, with regard to the mounting of rear-view mirrors on handlebars
85
Uniform provisions concerning the approval of internal combustion engines or electric drive trains intended for the propulsion of motor vehicles of categories M and N with regard to the measurement of net power and the maximum 30 minutes power of electric drive trains
87
Uniform provisions concerning the approval of daytime running lamps for power-driven vehicles
91
Uniform provisions concerning the approval of side-marker lamps for motor vehicles and their trailers
93
Uniform provisions concerning the approval of:
I.
Front underrun protective devices (FUPDs)
II.
Vehicles with regard to the installation of an FUPD of an approved type
III.
Vehicles with regard to their front underrun protection (FUP)
94
Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision
95
Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a lateral collision
98
Uniform provisions concerning the approval of motor vehicle headlamps equipped with gas-discharge light sources
99
Uniform provisions concerning the approval of gas-discharge light sources for use in approved gas-discharge lamp units of power-driven vehicles
100
Uniform provisions concerning the approval of vehicles with regard to specific requirements for the electric power train
104
Uniform provisions concerning the approval of retro-reflective markings for vehicles of category M, N and O
110
Uniform provisions concerning the approval of:
I.
Specific components of motor vehicles using compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system
II.
Vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) and/or liquefied natural gas (LNG) in their propulsion system
112
Uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing-beam or a driving-beam or both and equipped with filament lamps and/or light-emitting diode (LED) modules
113
Uniform provisions concerning the approval of motor vehicle headlamps emitting a symmetrical passing-beam or a driving-beam or both and equipped with filament, gas-discharge light sources or LED modules
116
Uniform provisions concerning the protection of motor vehicles against unauthorized use
117
Uniform provisions concerning the approval of tyres with regard to rolling sound emissions and/or to adhesion on wet surfaces and/or to rolling resistance
119
Uniform provisions concerning the approval of cornering lamps for power-driven vehicles
121
Uniform provisions concerning the approval of vehicles with regard to the location and identification of hand controls, tell-tales and indicators
123
Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles
125
Uniform provisions concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver
127
Uniform provisions concerning the approval of motor vehicles with regard to their pedestrian safety performance
128
Uniform provisions concerning the approval of light emitting diode (LED) light sources for use in approved lamp units on power-driven vehicles and their trailers
129
Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles (ECRS)
130
Uniform provisions concerning the approval of motor vehicles with regard to the Lane Departure Warning System (LDWS)
131
Uniform provisions concerning the approval of motor vehicles with regard to the Advanced Emergency Braking Systems (AEBS)
134
Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of Hydrogen-Fuelled Vehicles (HFCV) ( 1 )
135
Uniform provisions concerning the approval of vehicles with regard to their Pole Side Impact performance (PSI)
136
Uniform provisions concerning the approval of vehicles of category L with regard to specific requirements for the electric power train
137
Uniform provisions concerning the approval of passenger cars in the event of a frontal collision with focus on the restraint system
138
Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility
139
Uniform provisions concerning the approval of passenger cars with regard to Brake Assist Systems (BAS)
140
Uniform provisions concerning the approval of passenger cars with regard to Electronic Stability Control (ESC) systems
141
Uniform provisions concerning the approval of vehicles with regard to their Tyre Pressure Monitoring Systems (TPMS)
142
Uniform provisions concerning the approval of motor vehicles with regard to the installation of their tyres
145
Uniform provisions concerning the approval of vehicles with regard to ISOFIX anchorage systems, ISOFIX top tether anchorages and i-Size seating positions
146
Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of hydrogen-fuelled vehicles of categories L1, L2, L3, L4 and L5 ’ ( 1 )
For Japan, to the extent that the containers are marked in accordance with Article 46 of the High Pressure Gas Safety Act (Law No.204 of 1951) of Japan, the conditions to approve a vehicle type that has been approved by a type approval authority of the European Union in accordance with UN Regulation No.134 shall be as follows:
(a)
at the time of application pursuant to the High Pressure Gas Safety Act of Japan, the manufacturer or its legal representative in Japan shall present that:
(i)
the material of the containers is equivalent to SUS F 316L specified under JIS (Japan Industrial Standard) G 3214; for the purpose of this subparagraph, the compliance with DIN1.4435 as of the date of entry into force of this Agreement is considered as fulfilling of this requirement;
(ii)
“the Nickel Equivalent” (mass %) is more than 28.5; for the purposes of this subparagraph, “Nickel Equivalent” (mass %) is defined as: “12.6[C]+0.35[Si]+1.05[Mn]+[Ni]+0.65[Cr]+0.98[Mo]” and shall be proved by the Material Mill Sheet; and
(iii)
the test result for “Reduction of Area” is more than 75 %; in case the test result is between 72 % and 75 %, the application will be examined taking into account “the Nickel Equivalent”; and
(b)
individual vehicles are subject to a 2-year periodic inspection for the hydrogen storage system in accordance with Articles 49 and 49-4 of the High Pressure Gas Safety Act of Japan and the system shall be removed after 15 years from the date of production.
This footnote shall cease to have effect at the time when both Parties have completed the work in the Phase 2 of GTR No. 13 Global technical regulation on hydrogen and fuel cell vehicles and have applied the corresponding UN Regulation under the 1958 Agreement.
ANNEX 2
‘APPENDIX 2-C-2
UN REGULATIONS APPLIED BY ONE OF THE PARTIES AND NOT YET CONSIDERED BY THE OTHER PARTY
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