Commission Delegated Regulation (EU) 2022/1398 of 8 June 2022 amending Regulation (EU) 2019/2144 of the European Parliament and of the Council to take into account technical progress and regulatory developments concerning amendments to Vehicle Regulations adopted in the context of the United Nations Economic Commission for Europe (Text with EEA relevance)

• Published date: 16 August 2022
• Subject Matter: Transport,Technical barriers,Internal market - Principles
• Official Gazette Publication: Official Journal of the European Union, L 213, 16 August 2022

16.8.2022 EN Official Journal of the European Union L 213/1

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COMMISSION DELEGATED REGULATION (EU) 2022/1398

of 8 June 2022

amending Regulation (EU) 2019/2144 of the European Parliament and of the Council to take into account technical progress and regulatory developments concerning amendments to Vehicle Regulations adopted in the context of the United Nations Economic Commission for Europe

(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) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (1), and in particular Article 4(3) and (6) thereof,

Whereas:

(1) Annex I to Regulation (EU) 2019/2144 lists, inter alia, UN Regulation No 14 (2), UN Regulation No 17 (3), UN Regulation 29 (4), UN Regulation No 44 (5), UN Regulation No 45 (6), UN Regulation No 48 (7), UN Regulation No 80 (8), UN Regulation No 94 (9), UN Regulation No 95 (10), UN Regulation No 118 (11), UN Regulation No 122 (12), UN Regulation No 126 (13), UN Regulation No 127 (14), UN Regulation No 135 (15), UN Regulation No 137 (16), UN Regulation No 141 (17) and UN Regulation No 142 (18). All those regulations have been amended by the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe (‘UNECE WP.29’). It is therefore appropriate that the list in Annex I to Regulation (EU) 2019/2144 is updated to reflect those amendments.

(2) The UNECE WP.29 also adopted several new regulations, which the Union acceded to and apply on a compulsory basis. In particular, those are UN Regulation No 145 (19), UN Regulation No 148 (20), UN Regulation No 149 (21), UN Regulation No 150 (22), UN Regulation No 151 (23), UN Regulation No 152 (24), UN Regulation No 153 (25), UN Regulation No 155 (26), UN Regulation No 157 (27), UN Regulation No 158 (28), UN Regulation No 159 (29), UN Regulation No 161 (30), UN Regulation No 162 (31) and UN Regulation No 163 (32). It is therefore appropriate to include in Annex I to Regulation (EU) 2019/2144 references to those regulations.

(3) UN Regulation No 0 on the International Whole Vehicle Type Approval (33) was adopted in order to reduce barriers to trade between the UNECE Contracting Parties and to provide an increased level of certainty for vehicle manufacturers seeking recognition of their type-approval in those Contracting Parties. The Union is a Contracting Party applying UN Regulation No 0. In order to consider a Universal International Whole Vehicle Type Approval equivalent to an EU type-approval, the versions of the UN Regulations listed in Annex I to Regulation (EU) 2019/2144 should be taken into account.

(4) Annex II to Regulation (EU) 2019/2144 contains the list of requirements with which vehicles, systems, components and separate technical units should comply with pursuant to Articles 4(5) and 5(3) of that Regulation. That Annex does, however, not contain references to the regulatory acts laying down the detailed technical requirements as regards advanced emergency braking systems with pedestrians and cyclists detection, pedestrian and cyclist collision warning systems, blind spot information systems, emergency lane-keeping assistance systems, reversing detection, emergency stop signal and event data recorders. It is therefore necessary to add references to the respective regulatory acts in that Annex.

(5) Compliance with UN Regulation No 90 (34) is compulsory for replacement brake lining assemblies, drum-brake linings, discs and drums for power-driven vehicles and their trailers. New replacement brake lining assemblies, drum-brake linings, discs and drums for existing types of vehicles with vehicle type-approval granted with regard to breaking in accordance with UN Regulation No 13 (35) or UN Regulation No 13-H (36) before the date of application of Regulation (EU) 2019/2144, should be permitted to be made available on the market or entered into service in accordance with Annex I to that Regulation.

(6) As of 1 September 2023, UN Regulation No 129 (37) will replace UN Regulation No 44, thus, ceasing the possibility child restraint systems that are not built in motor vehicles to be type-approved under that Regulation. Additional time is necessary to allow for the production in stock and in the distribution channels to be sold out. Therefore, child restraint systems approved in accordance with UN Regulation No 44 before 1 September 2023, should be allowed to be made available on the market and entered into service until 1 September 2024.

(7) The provisions of UN Regulation No 13-H related to brake assists systems and electronic stability control systems were transferred to UN Regulation No 139 (38) and UN Regulation No 140 (39), whereas the provisions concerning braking were shifted to the 01 series of amendments to UN Regulation No 13-H. Given that the requirements for brake assists systems and electronic stability control systems remained unchanged, type-approvals granted in accordance with the original version of UN Regulation 13-H, and their extensions, should be considered equivalent to a type-approval granted to the original versions of UN Regulation No 139 and UN Regulation No 140.

(8) The requirements with regard to child restraint anchorages were transferred without changes from the 07 series of amendments to UN Regulation No 14 to UN Regulation No 145. Therefore, type-approvals granted in accordance with UN Regulation No 14 should be considered equivalent to a type-approval granted to the original version of UN Regulation No 145.

(9) The requirements with regard to safety of electric power train at rear-end collision were transferred without changes from the 03 series of amendments to UN Regulation No 34 to UN Regulation No 153. Therefore, type-approvals granted in accordance with UN Regulation No 34 should be considered equivalent to a type-approval granted to the original version of UN Regulation No 153.

(10) The requirements with regard to tyre pressure monitoring were transferred without changes from the 02 series of amendments to UN Regulation No 64 (40) to UN Regulation No 141. Therefore, type-approvals granted in accordance with UN Regulation No 64 should be considered equivalent to a type-approval granted to the original version of UN Regulation No 141.

(11) Regulation (EU) 2019/2144 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) 2019/2144

Annexes I and II to Regulation (EU) 2019/2144 are amended in accordance with 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, 8 June 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1) OJ L 325, 16.12.2019, p. 1.

(2) Regulation No 14 of the Economic Commission for Europe of the United Nations (UNECE) – 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 [2015/1406] (OJ L 218, 19.8.2015, p. 27).

(3) Regulation No 17 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints (OJ L 230, 31.8.2010, p. 81).

(4) Regulation No 29 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle (OJ L 304, 20.11.2010, p. 21).

(5) Regulation No 44 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles (‘Child Restraint Systems’) (OJ L 233, 9.9.2011, p. 95).

(6) UN Regulation No 45 – Uniform provisions concerning the approval of headlamp cleaners and of power-driven vehicles with regard to headlamp cleaners [2020/575] (OJ L 136, 29.4.2020, p. 1).

(7) Regulation No 48 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices (OJ L 323, 6.12.2011, p. 46).

(8) Regulation No 80 of the Economic Commission for Europe of the United Nations (UN/ECE) – 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 (OJ L 164, 30.6.2010, p. 18).

(9) Regulation No 94 of the Economic Commission for Europe of the United Nations (UN/ECE) – Uniform provisions concerning the approval of vehicles with...