Decision No 3 of the Korea-EU Trade Committee of 29 April 2021 on the amendment of Appendices 2-C-2 and 2-C-3 of Annex 2-C to the EU-Korea Free Trade Agreement (2021/1082)

• Published date: 02 July 2021
• Official Gazette Publication: Official Journal of the European Union, L 235, 2 July 2021

2.7.2021 EN Official Journal of the European Union L 235/1

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DECISION No 3 OF THE KOREA-EU TRADE COMMITTEE

of 29 April 2021

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

(2021/1082)

THE TRADE COMMITTEE,

Having regard to the Free Trade Agreement between the European Union (‘EU’) and its Member States of the one part, and the Republic of Korea (‘Korea’), 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 to 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) The EU and Korea have modified the technical regulations in order to maintain the same degree of market access covered by Article 1.2 of Annex 2-C to 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.

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