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Council Decision (EU) 2019/1260Show full title

Council Decision (EU) 2019/1260 of 15 July 2019 on the position to be taken on behalf of the European Union within the Trade Committee established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of Appendices 2-C-2 and 2-C-3 of Annex 2-C of the Agreement

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DRAFT

DECISION No 3 OF THE KOREA-EU TRADE COMMITTEE

of xx April 2019

on the amendment of Appendices 2-C-2 and 2-C-3 of the Annex 2-C of the Korea-EU Free Trade Agreement

THE TRADE COMMITTEE,

Having regard to the Free Trade Agreement between the Republic of Korea (‘Korea’), of the one part, and the European Union (‘EU’) and its Member States, of the other part (hereinafter the ‘Agreement’ and the ‘Parties’, respectively), and in particular Articles 15.1.4(c) and 15.5.2 thereof, and Article 3(d) of Annex 2-C thereof,

Whereas:

(1) Pursuant to Article 15.1.4(c) of the Agreement, the Trade Committee established by the Parties may consider amendments to the Agreement or amend provisions of the Agreement in cases specifically provided for in the Agreement.

(2) Article 15.5.2 of the Agreement provides that a decision of the Trade Committee to amend the Annexes, Appendices, Protocols and Notes to the Agreement may be adopted by the Parties, subject to their respective applicable legal requirements and procedures.

(3) Article 3(d) of Annex 2-C of the Agreement mandates the Parties to review Appendices 2-C-2 and 2-C-3 of Annex 2-C no less than every three years from the entry into force of the Agreement with a view to furthering the acceptance of products as set out in subparagraph (a) of the same Article, taking into account any regulatory developments that may have occurred internationally or within the Parties. It further specifies that any modifications to Appendices 2-C-2 and 2-C-3 shall be decided upon by the Trade Committee.

(4) Korea and the EU have modified the technical regulations in order to maintain the same degree of market access covered by Article 1.2 of Annex 2-C of the Agreement. Moreover, the references to ‘UNECE’ in Appendices 2-C-2 and 2-C-3 should now read as references to ‘UN Reg.’ following the Agreement concerning the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these United Nations Regulations (Revision 3)(1) of 20 October 2017.

(5) Table 1 of Appendix 2-C-2 has been modified in the following way:

(a)

Since UN Regulations apply on a compulsory basis in the EU, for simplicity reasons it has been decided to delete the references to EU Regulations (e.g. GSR) and Directives in the ‘Corresponding EU Technical Regulation’ column, and the column has been left blank.

(b)

However, where there are no applicable UN Regulations or where the scope of UN Regulations is inadequate, such as in the case of ‘Permissible sound level’ for example, then the EU Regulations or Directives replace or complement the UN regulations. For this reason, a reference to ‘if existing’ has been introduced in the ‘Corresponding EU Technical Regulation’ column.

(c)

Concerning ‘Permissible sound level’ and ‘Replacement silencing systems’, Regulation (EU) No 540/2014 has been added under the Corresponding EU Technical Regulation because it repeals Directive 70/157/EEC and applies in a time-staggered fashion.

(d)

‘Emissions’ has been replaced with ‘Emissions light vehicles’ because the UN Reg. 83 requirement applies to M1 and N1 vehicle categories only. Moreover, the reference to ‘Directive 70/220/EEC’ has been deleted because it has been repealed and replaced by ‘Regulations (EC) No 715/2007, (EC) No 692/2008, (EU) No 459/2012, (EU) 2016/427, (EU) 2016/646, (EU) 2017/1151, (EU) 2017/1154 and (EU) 2018/1832’, which have been added under the Corresponding EU Technical Regulation.

(e)

Concerning ‘Replacement catalytic converters’, the reference to ‘Directive 70/220/EEC’ has been deleted because it has been repealed and replaced by ‘Regulations (EC) No 715/2007 and (EC) No 692/2008’ which have been added under the Corresponding EU Technical Regulation.

(f)

Moreover, for those subjects whose names change, such as from ‘Braking’ and ‘Braking’ which have been replaced with ‘Braking heavy vehicles’ and ‘Braking light vehicles’, these changes were done for clarity purposes.

(g)

On ‘Diesel smoke’, ‘Directive 72/306/EEC’ has been deleted since it has been replaced by ‘Regulation (EC) No 692/2008’ which has been added in Table 1 under the Corresponding EU Technical Regulation.

(h)

On ‘CO2 emissions – Fuel consumption’, ‘Directive 80/1268/EEC’ has been replaced by ‘Regulation (EC) No 692/2008’ which has been added in Table 1 under the Corresponding EU Technical Regulation, and the subject now refers to ‘CO2 emissions - Fuel consumption passenger cars with no more than eight seats in addition to the driver's seat’ in order to fully respect the scope of that regulation.

(i)

On ‘Engine power’, ‘Directive 80/1269/EEC’ has been deleted since it has been replaced by ‘Regulations (EC) No 692/2008 and (EU) No 582/2011’ which have been added in Table 1 under the Corresponding EU Technical Regulation.

(j)

On ‘Emissions heavy duty vehicles’, ‘Directive 2005/55/EC’ has been replaced by ‘Regulations (EC) No 595/2009, (EU) No 582/2011 and (EU) 2016/1718’, which have been added in Table 1 under the Corresponding EU Technical Regulation. The subject has also been renamed ‘Emissions heavy duty vehicles’ because UN Regulation 49 applies to heavy duty vehicles (i.e. vehicles with a reference mass exceeding 2,610 kg).

(6) Table 2 of Appendix 2-C-2 remains unchanged.

(7) Table 1 of Appendix 2-C-3 has been modified in the following way:

(a)

On ‘Occupant crash protection’‘Frontal’, ‘KMVSS Article 102 Paragraphs 1 and 3’ have replaced the reference to ‘KMVSS Article 102’ under the Corresponding Korean Technical Regulations due to a revision of KMVSS.

(b)

On ‘Occupant crash protection’‘Side’, ‘KMVSS Article 102 Paragraph 1’ has replaced the reference to ‘KMVSS Article 102’ under the Corresponding Korean Technical Regulations due to a revision of KMVSS.

(c)

The whole line on ‘Towing hook’ has been replaced. Specifically, ‘Towing hook’ has been replaced by ‘Towing devices’, as ‘Towing devices’ is the official concept referred to in Regulation (EU) No 1005/2010. Moreover, the requirements for ‘Towing devices’ are now ‘Regulation (EU) No 1005/2010’ instead of ‘77/389/EEC’. Finally, the Corresponding Korean Technical Regulations now read ‘KMVSS Article 20 paragraph 1’ which has replaced the previous reference to ‘KMVSS Article 20 Items 1, 2, 4’.

(d)

On ‘Lighting and signalling system’, KMVSS Article 106 Items 1 to 10 have been deleted from the corresponding Korean Technical Regulations on ‘Head lamp’, ‘Front fog lamp’, ‘Backup lamp’, ‘Clearance lamp’, ‘Registration plate lamp’, ‘Tail lamp’, ‘Stop lamp’, ‘Centre high mounted stop lamp’, ‘Turn signal’, ‘Auxiliary turn signal’ and ‘Rear fog lamp’ due to a revision of KMVSS.

(e)

On ‘Lighting and signalling system’‘Installation’, the Corresponding Korean Technical Regulations now read ‘KMVSS Articles 38, 38-2, 38-3, 38-4, 38-5, 39, 40, 41, 42, 43, 44, 44-2, 45, 45-2, 47 and 49’ which have replaced the previous reference to ‘KMVSS Articles 38, 39, 40, 41, 42, 43, 44, 45 and 47’. This is due to a revision of KMVSS.

(f)

‘Lighting and signalling system’, ‘Daytime running lamp’ and ‘Cornering lamp’ have been added to the table due to a revision of KMVSS and in order to reflect the updated installation requirements on ‘Lighting and signalling system’.

(g)

On ‘Lighting and signalling system’, ‘Centre high mounted stop lamp’, in addition to the deletion of KMVSS Article 106 Item 8, paragraph 3 of KMVSS Article 43 has also been deleted because it has been replaced by the Corresponding Korean Technical Regulations ‘KMVSS Article 43 Paragraph 2’.

(h)

On ‘Lighting and signalling system’, ‘Side marker lamp’ has been added to the table due to a revision of KMVSS and in order to reflect the updated installation requirements on ‘Lighting and signalling system’.

(i)

On ‘Lighting and signalling system’‘Retro-reflection devices’, the Corresponding Korean Technical Regulations now read ‘KMVSS Article 49’ which has replaced the previous reference to ‘KMVSS Article 49 paragraphs 1, 2, Article 107’. This is due to a revision of KMVSS.

(j)

On ‘Engine power’, the Corresponding Korean Technical Regulations now read ‘KMVSS Article 111’ which has replaced the previous reference to ‘KMVSS Article 11 Paragraph 1 Item 2, Article 111’. This is due to a revision of KMVSS.

(k)

On ‘Device for securing driver's visibility’, the references under ‘Requirements’ to ‘78/318/EEC’ and ‘78/317/EEC’ have been deleted since they have been repealed and replaced by ‘Regulation (EU) No 1008/2010’ or ‘Regulation (EU) No 672/2010’. The Corresponding Korean Technical Regulations remain unchanged.

(l)

On ‘Seat belt assembly anchorages’, the Corresponding Korean Technical Regulations now read ‘KMVSS Article 27 Paragraphs 1, 2, 3, 4; Article 103’ which have replaced the previous references to ‘KMVSS Article 27 Paragraphs 1, 2, 3, 4, 5; Article 103 Paragraphs 1, 2, 3’. This is due to a revision of KMVSS.

(m)

On ‘Emission and noise (except the passer-by noise of 3 or 4 wheels) for motor cycles’, the references under ‘Requirements’ to, inter alia, ‘Directives 2002/51/EC, 2003/77/EC, 97/24/EC Chapters 5 and 9’ have been deleted, since they have been repealed and replaced by, inter alia, ‘Regulations (EU) No 168/2013 and (EU) No 134/2014’. The Corresponding Korean Technical Regulations remain unchanged.

(n)

On ‘Emission Diesel (incl. OBD)’‘Below 3.5t vehicle’, the following references under ‘Requirements’ have been added: ‘Regulations (EC) No 715/2007’ and ‘(EU) No 459/2012’ because these are the applicable Regulations that correspond to KMVSS. The Corresponding Korean Technical Regulations remain unchanged.

(o)

On ‘Emission Diesel (incl. OBD)’‘Over 3.5t vehicle’, the reference under ‘Requirements’ to, inter alia, ‘Regulation (EC) No 692/2008’ has been deleted and replaced with, inter alia, ‘Regulations (EC) No 595/2009 and (EU) No 582/2011’ because ‘Regulation (EC) No 692/2008’ does not deal with heavy duty vehicles. The Corresponding Korean Technical Regulations remain unchanged.

(p)

On ‘Tyres’, the Corresponding Korean Technical Regulations now read ‘Electrical Appliances and Consumer Products Safety Control Act Articles 15, 18 and 19; Enforcement Rules of Electrical Appliances and Consumer Products Safety Control Act Article 3, paragraph 4, Article 26; KMVSS Article 12 Paragraph 1’ which have replaced the previous reference to ‘Quality Management Safety and Control of Industrial Products Act (QMSCIPA) (Articles 19, 20, 21); Enforcement Rules of QMSCIPA Article 2 paragraph 2, Article 19’. This is because QMSCIPA has been replaced by the ‘Electrical Appliances and Consumer Products Safety Control Act’.

(8) Table 2 of Appendix 2-C-3 remains unchanged.

(9) Pursuant to Article 12.2 in the Annex of of Decision No. 1 of the Korea-EU Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee, in the period between the meetings of the Trade Committee it can adopt decisions by written procedure if both Parties agree. The written procedure would consist of an exchange of notes between the Chairpersons of the Trade Committee,

HAS ADOPTED THIS DECISION:

Article 1U.K.

Table 1 of Appendix 2-C-2 of Annex 2-C of the Agreement shall be replaced by Table 1 of Annex 1 to this Decision.

Article 2U.K.

Table 1 of Appendix 2-C-3 of Annex 2-C of the Agreement shall be replaced by Table 1 of Annex 2 to this Decision.

Article 3U.K.

This Decision shall enter into force on the first day of the month following the date on which the Parties exchange written notifications through diplomatic channels certifying that they have completed their respective applicable legal requirements and procedures necessary for its entry into force.

Done at …,

For the Trade Committee

Yoo Myung-hee

Minister for Trade

Ministry of Trade, Industry and Energy of the Republic of Korea

Cecilia Malmström

Member of the European Commission responsible for Trade

ANNEX 1U.K. Appendix 2-C-2

Table 1

List referred to in Article 3(a)(i) of Annex 2-C

a

Blank in the third column (Corresponding EU Technical Regulation) means the corresponding Regulation is the same as the UN Regulation in the second column (Requirements).

b

Abbreviation of ‘UN Regulation’, formerly known as ‘UNECE’.

SubjectRequirementsCorresponding EU Technical Regulation (if existing)a
Permissible sound levelUN Regb. 51Directive 70/157/EEC, Regulation (EU) No 540/2014
Replacement silencing systemsUN Reg. 59Directive 70/157/EEC, Regulation (EU) No 540/2014
Emissions light vehiclesUN Reg. 83Regulations (EC) No 715/2007, (EC) No 692/2008, (EU) No 459/2012, (EU) 2016/427, (EU) 2016/646, (EU) 2017/1151, (EU) 2017/1154, (EU) 2018/1832
Replacement catalytic convertersUN Reg. 103Regulations (EC) No 715/2007 and (EC) No 692/2008
Fuel tanksUN Reg. 34
LPG tanksUN Reg. 67
CNG tanksUN Reg. 110
Rear protective deviceUN Reg. 58
Steering effortUN Reg. 79
Door latches and hingesUN Reg. 11
Audible warningUN Reg. 28
Indirect vision devicesUN Reg. 46
Braking heavy vehiclesUN Reg. 13
Braking light vehiclesUN Reg. 13H
Brake liningsUN Reg. 90
Radio interference (electromagnetic compatibility)UN Reg. 10
Diesel smokeUN Reg. 24Regulation (EC) No 692/2008
Interior fittingsUN Reg. 21
Anti-theftUN Reg. 18
Anti-theft and immobiliserUN Reg. 116
Vehicle alarm systems

UN Reg. 97

UN Reg. 116

Behaviour of steering device under impactUN Reg. 12
Seat strengthUN Reg. 17
Seat strength (buses and coaches)UN Reg. 80
Exterior projectionsUN Reg. 26
SpeedometerUN Reg. 39
Seat belt anchoragesUN Reg. 14
Installation of lighting and light signalling devicesUN Reg. 48
Retro reflectorsUN Reg. 3
End-outline/front-position (side)/rear- position (side)/stop lampsUN Reg. 7
Daytime running lampsUN Reg. 87
Side marker lampsUN Reg. 91
Direction indicatorsUN Reg. 6
Rear registration plate lampUN Reg. 4
Headlamps (R2 and HS1)UN Reg. 1
Headlamps (sealed beam)UN Reg. 5
Headlamps (H1, H2, H3, HB3, HB4, H7, and/or H8, H9, HIR1, HIR2 and/or H11)UN Reg. 8
Headlamps (H4)UN Reg. 20
Headlamps (halogen sealed beam)UN Reg. 31
Filament lamps for use in approved lamp unitsUN Reg. 37
Headlamps with gas-discharge light sourcesUN Reg. 98
Gas-discharge light sources for use in approved gas-discharge lamp unitsUN Reg. 99
Headlamps (asymmetrical passing beam)UN Reg. 112
Adaptative front-lighting systemsUN Reg. 123
Front fog lampsUN Reg. 19
Rear fog lampsUN Reg. 38
Reversing lampsUN Reg. 23
Parking lampsUN Reg. 77
Seat belts and restraint systemsUN Reg. 16
Child restraintsUN Reg. 44
Front forward field of visionUN Reg. 125
Identification of controls, tell-tales and indicatorsUN Reg. 121
Heating systemsUN Reg. 122
Head restraints (combined with seats)UN Reg. 17
Head restraintsUN Reg. 25
CO2 emissions - Fuel consumption passenger cars with no more than eight seats in addition to the driver's seatUN Reg. 101Regulation (EC) No 692/2008
Engine powerUN Reg. 85Regulations (EC) No 692/2008 and (EU) No 582/2011
Emissions heavy duty vehiclesUN Reg. 49Regulations (EC) No 595/2009, (EU) No 582/2011, (EU) 2016/1718
Lateral protectionUN Reg. 73
Safety glazingUN Reg. 43
Tyres, motor vehicles and their trailersUN Reg. 30
Tyres, commercial vehicles and their trailersUN Reg. 54
Temporary-use spare wheels/tyresUN Reg. 64
Rolling soundUN Reg. 117
Speed limitation devicesUN Reg. 89
CouplingsUN Reg. 55
Close-coupling deviceUN Reg. 102
FlammabilityUN Reg. 118
Buses and coachesUN Reg. 107
Strength of superstructure (buses and coaches)UN Reg. 66
Frontal impactUN Reg. 94
Side impactUN Reg. 95
Vehicles intended for the transport of dangerous goodsUN Reg. 105
Front underrun protectionUN Reg. 93

ANNEX 2U.K. Appendix 2-C-3

Table 1

List referred to in Article 3(a)(ii) of Annex 2-C

a

Formerly known as Korea Motor Vehicle Safety Standards, renamed ‘Rules on the Performances and Standards of Korean Motor Vehicles and Parts’ as of 1 July 2014.

b

Ministry of Environment of Korea.

c

Clean Air Conservation Act of Korea.

SubjectRequirementsCorresponding Korean Technical Regulations
Occupant crash protectionFrontalUN Reg. 94KMVSSa Article 102 Paragraphs 1 and 3
SideUN Reg. 95KMVSS Article 102 Paragraph 1
Steering control rearward displacementUN Reg. 12KMVSS Article 89 Paragraph 1 Item 2
Impact protection for the driver from the steering control systemUN Reg. 12KMVSS Article 89 Paragraph 1 Item 1
Seating systemsUN Reg. 17KMVSS Article 97
Head restraints

UN Reg. 17,

UN Reg. 25,

GTR 7

KMVSS Articles 26, 99
Door locks and door retention components

UN Reg. 11,

GTR 1

KMVSS Article 104 Paragraph 2
Instrument panel impactUN Reg. 21KMVSS Article 88
Seat back impactUN Reg. 21KMVSS Article 98
Armrest impactUN Reg. 21KMVSS Article 100
Sun visor impactUN Reg. 21KMVSS Article 101
Inside rear view mirror impactUN Reg. 46KMVSS Article 108
Towing devicesRegulation (EU) No 1005/2010KMVSS Article 20 Paragraph 1
Rear under-run protectionUN Reg. 58KMVSS Article 19 Paragraph 4 and Article 96
Lighting and signalling systemInstallationUN Reg. 48KMVSS Articles 38, 38-2, 38-3, 38-4, 38-5, 39, 40, 41, 42, 43, 44, 44-2, 45, 45-2, 47 and 49
Head lamp

UN Reg. 1, 2, 5, 8, 20, 31, 37,

UN Reg. 98, 99, 112, 113, 123

KMVSS Article 38, Article 48 Paragraph 3
Front fog lampUN Reg. 19KMVSS Article 38-2 Paragraph 1
Daytime running lampUN Reg. 87KMVSS Article 38-4
Cornering lampUN Reg. 119KMVSS Article 38-5
Backup lampUN Reg. 23KMVSS Article 39
Clearance lampUN Reg. 7KMVSS Article 40
Registration plate lampUN Reg. 4KMVSS Article 41
Tail lampUN Reg. 7KMVSS Article 42
Stop lampUN Reg. 7KMVSS Article 43 Paragraph 1
Centre high mounted stop lampUN Reg. 7KMVSS Article 43 Paragraph 2
Turn signalUN Reg. 6KMVSS Article 44
Auxiliary turn signalUN Reg. 7KMVSS Article 44
Side marker lampUN Reg. 91KMVSS Article 44-2
Rear fog lampUN Reg. 38KMVSS Article 38-2 Paragraph 2
Retro-reflection devices

UN Reg. 70,

UN Reg. 3

KMVSS Article 49
Driver's visibilityUN Reg. 46KMVSS Article 50, Article 94
Engine powerUN Reg. 85KMVSS Article 111
Device for securing driver's visibilityWindshield wiping systemRegulation (EU) No 1008/2010KMVSS Article 51 Paragraph 2, Article 109 Item 1
Defrosting systemRegulation (EU) No 672/2010KMVSS Article 109 Item 2
Defogging systemRegulation (EU) No 672/2010KMVSS Article 109 Item 3
Windshield washing systemRegulation (EU) No 1008/2010KMVSS Article 109 Item 4
Passenger car brakeUN Reg. 13HKMVSS Article 15, Article 90 Item 1
Brake system except passenger car and trailerUN Reg. 13KMVSS Article 15, Article 90 Item 2
Trailer brake systemUN Reg. 13KMVSS Article 15, Article 90 Item 3
Anti-lock brake system, except trailerUN Reg. 13KMVSS Article 15, Article 90 Item 4
Trailer anti-lock brake systemUN Reg. 13KMVSS Article 15, Article 90 Item 5
Steering effortUN Reg. 79KMVSS Article 14, Article 89 paragraph 2
Speed limiterUN Reg. 89KMVSS Article 110-2
SpeedometerUN Reg. 39KMVSS Article 110
Electro-magnetic compatibilityUN Reg. 10KMVSS Article 111-2
Fuel leakage in collision

UN Reg. 34,

UN Reg. 94,

UN Reg. 95

KMVSS Article 91
Bumper impactUN Reg. 42KMVSS Article 93
Seat belt assembly anchorages

UN Reg. 14,

UN Reg. 16

KMVSS Article 27 Paragraphs 1, 2, 3, 4; Article 103
Child seat anchorageUN Reg. 14KMVSS Article 27-2, Article 103-2
Horn noise, stationary noise and pass-by noise for vehicles (4 wheels)

UN Reg. 28,

UN Reg. 51

KMVSS Articles 35, 53, NVCA Article 30 and its Ordinance of MOEb Article 29
Emission and noise (except the passer-by noise of 3 or 4 wheels) for motor cycles

UN Reg. 40,

UN Reg. 41,

UN Reg. 47

Regulations (EU) No 168/2013 and (EU) No 134/2014

CACAc Article 46 and its Ordinance of MOE Article 62, NVCA Article 30 and its Ordinance of MOE Article 29

Emission Diesel

(incl. OBD)

Below 3,5 t vehicle

UN Reg. 83,

UN Reg. 24

Regulations (EC) No 715/2007, (EC) No 692/2008, (EU) No 459/2012

CACA Article 46 and its Ordinance of MOE Article 62
Over 3,5 t vehicle

UN Reg. 49

Regulations (EC) No 595/2009 and (EU) No 582/2011

TyresUN Reg. 30, 54, 75, 106, 117, 108, 109

Electrical Appliances and Consumer Products Safety Control Act Articles 15, 18 and 19;

Enforcement Rules of Electrical Appliances and Consumer Products Safety Control Act Article 3 paragraph 4, Article 26;

KMVSS Article 12 Paragraph 1

(1)

E/ECE/TRANS/505/Rev.3.

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