Council Decision (EU) 2016/1877 of 17 October 2016 on the position to be adopted, on behalf of the European Union, in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), and in the Working Party on Road Transport, of the United Nations Economic Commission for Europe (Text with EEA relevance)

• CELEX: Decision (EU) 2016/1877
• Articles: 7

Article 1

1.   The position to be adopted on the Union's behalf in the Group of Experts on the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) and in the Working Party on Road Transport shall be in accordance with the position set out in the Addendum to this Decision and shall be expressed by the Member States, which are Contracting Parties of the AETR, acting jointly in the interest of the Union.

2.   The Member States shall communicate the proposed amendments to the Group of Experts.

3.   Formal and minor changes to the position referred to in paragraph 1 may be agreed without requiring that position to be amended.

Article 2

This Decision shall enter into force on the date of its adoption.

Schedules & Appendices

ANNEX I

ANNEX I

Amendment of Article 22 and deletion of Article 22bis

(1)

Article 22 is amended as follows:

(a)

Paragraphs 1 and 2 of Article 22 are replaced by the following:

‘1.   Appendices 1, 1B, 1C and 2 to the annex to this Agreement may be amended by the procedure specified in this article.

2.   At the request of a Contracting Party, any amendments proposed to the appendices 1, 1B, 1C or 2 to the annex to this Agreement shall be considered by the Principal Working Party on Road Transport of the Economic Commission for Europe.’

(b)

Paragraph 4 is replaced by the following:

‘4.   The amendment shall be accepted if, within a period of six months following the date of notification, no more than one half of the competent administrations of the Contracting Parties notify the Secretary-General of their objection to the amendment.’

(c)

A new paragraph 6 is added:

‘6.   If a proposal for the amendment of Appendix 1B or 1C to this Agreement requires amendment of other provisions of the Agreement, the amendments to the Appendices 1B or 1C cannot enter into force before date of entry into force of the amendments to those other provisions pursuant to Article 21. If, in such a case, the amendments to Appendix 1B or 1C are presented simultaneously with the amendments relating to other provisions of the Agreement, the date of their entry into force shall be the date resulting from the application of the procedure outlined in Article 21.’

(2)

Article 22bis is deleted.

ANNEX II

ANNEX II

Amendment of Article 14

Article 14 is amended as follows:

(a)

The following paragraph 1a is inserted after paragraph 1:

‘1a.   This Agreement shall also be open for signature by regional integration organisations. For the purpose of this Agreement, a “regional integration organisation” means any organisation which is constituted by sovereign States of a given region, which has competence in respect of certain matters governed by this Agreement and has been duly authorized to sign and to ratify, accept, approve or accede to this Agreement.

For the purposes of amending Appendices 1, 1B, 1C, 2 and 3, the representative of a regional integration organisation Contracting Party to the Agreement delivers the votes of its constituent Member States without their presence being necessary in the vote.’

(b)

Paragraph 5 is replaced by the following:

‘5.   In respect of each State or regional integration organisation which ratifies, or accedes to, this Agreement after the deposit of the eighth instrument of ratification or accession as referred to in paragraph 4 of this Article, the Agreement shall enter into force one hundred and eighty days after the deposit by that State or regional integration organisation of its instrument of ratification or accession.’

ANNEX III

ANNEX III

Amendment of Article 10

Paragraph 3 of Article 10 is replaced by the following:

‘3.   For vehicles registered for the first time until 14 June 2019, a control device conforming to Council Regulation (EEC) No 3821/85 of 20 December 1985 and Appendix 1B to this Agreement as regards construction, installation, use and testing shall be considered as conforming to the requirements of this Agreement.

For vehicles registered for the first time as from 15 June 2019, a control device conforming to Regulation (EU) No 165/2014 of 4 February 2014 and Appendix 1C to this Agreement as regards construction, installation, use and testing shall be considered as conforming to the requirements of this Agreement.’

ANNEX IV Appendix 1C

ANNEX IV

Appendix 1C

Annex IC to Commission Implementing Regulation (EU) 2016/799 is inserted as Appendix 1C to the Annex to the AETR.

ANNEX V

ANNEX V

Approval certificate for products in accordance with appendix 1B/1C

Chapter III of Appendix 2 ‘III. Approval certificate for products in accordance with Appendix IB’ is replaced by the following:

‘III.    Approval certificate for products in accordance with appendix 1B/1C

( 1 )

Once the Contracting Party has effected an approval it issues the applicant with an approval certificate, drawn up in accordance with the model below. Contracting Parties use copies of this document in order to communicate to other Contracting Parties approvals granted or any withdrawals.

Approval certificate for products in accordance with appendix 1B/1C

( 1 )

Name of the competent administration

Communication concerning  ( 2 ) :

Approval

Withdrawal of an approval

Of a control device model

Of a control device component  ( 3 )

Of a driver card

Of a workshop card

Of a company card

Of an inspector's card

Approval No …

(1)

Manufacturing or commercial mark

(2)

Name of model

(3)

Name of manufacturer

(4)

Address of manufacturer

(5)

Submitted for approval on

(6)

Test laboratory or laboratories

(7)

Date and No. of reports

(8)

Date of approval

(9)

Date of withdrawal of approval

(10)

Model (s) of component(s) of control device with which the component is intended to be used

(11)

Place

(12)

Date

(13)

Descriptive documents annexed

(14)

Remarks (including the affixing of seals if required)

…

(Signature)

( 1 )   Specify Appendix 1B or 1C

( 2 )   Tick the relevant boxes

( 3 )   Specify the component concerned in the communication’

’