39. The representative from the EC introduced ECE/TRANS/WP.29/GRPE/2023/3. This document is submitted by the experts of Japan and the European Commission. The text contains changes introduced into European legislation (Euro 6e) since the adoption of the previous version of the draft UN Regulation on RDE prepared by GRPE at its eighty-first session (ECE/TRANS/WP.29/GRPE/81/Add.2 and ECE/TRANS/WP.29/2020/120). The representative from OICA introduced GRPE-87-08 and GRPE-87-09. The representative from Japan supported ECE/TRANS/WP.29/GRPE/2023/3 and GRPE-87-08. The representative from the European Commission had some objections to some elements included in GRPE-87-08 and sought further clarification to make sure over-regulation is not included in the proposal, as might be the case where requiring not to perform RDE trips in reverse gear.

40. The representative from OICA highlighted absolute legal clarity was needed, as stakeholders in other fora had made statement about attempts to make vehicles fail RDE tests, legally compliant but driven in unrealistic conditions.

41. The representative from the European Commission did not support GRPE-87-09, requesting to try and avoid repeat the sub-optimal situation that led to last resort decision in other GRPE legislation and confirmed the European Commission had no mandate to agree on the inclusion of 2 levels in UN Regulation on Global RDE. The representative from Italy understood the intention of the OICA’s proposal, and was open to OICA’s proposal in the spirit of harmonization that is operational.

42. The representative from the UK introduced GRPE-87-44 and GRPE-87-45 and supported an adoption of UN regulation on Global RDE during this session of GRPE.

43. Following additional activities from all concerned parties during the session, the representative from the European Commission introduced GRPE-87-49 as a revised proposal for a new UN Regulation on Global RDE which represented a consensus on the various proposals presented previously.

44. The representatives from France, Germany, Italy, Japan, the UK and the European Commission supported the proposal. GRPE agreed with the content of GRPE-87-49.

45. GRPE adopted ECE/TRANS/WP.29/GRPE/2023/3 as amended by GRPE-87-49, as reflected in Addendum 2, and requested the secretariat to submit it to WP.29 and AC.1 for consideration and vote at their June 2023 sessions as draft new UN Regulation No. [XXX] on Global RDE.

Note: GRPE withdrew its request for a vote to adopt the proposal for the new UN Regulation on RDE due to on-going discussions concerning the conformity factor.

17. The Chair of the IWG on RDE introduced the status report of the IWG (GRPE-81-17); mainly focusing on the development of the draft new UN Regulation on RDE submitted to GRPE as ECE/TRANS/WP.29/GRPE/2020/15 as amended by GRPE-81-16. She also introduced GRPE-81-26 complementing the draft text of the UN Regulation with a template of the data report file that shall be used to gather the data collected during the test and to check some of the trip validity conditions, specifically designed for the RDE tests contained in the draft new UN Regulation. She finally informed GRPE that some elements remained in square brackets as there are still regulatory work going-on at the European which might have an impact on the text proposed and might lead to a postponement to later session of WP.29 if the EU regulatory process is not finalized by then. GRPE noted those considerations.

18. The representative from OICA sought further clarifications on the update to UN Regulation No. 83 needed as a consequence of the new UN Regulations on WLTP and RDE. The expert from the EC stated there was a need to further evaluate the changes for UN Regulation No. 83 also taking the EU legal framework into account. She clarified such assessment was expected to be finalized before the next GRPE session in January 2021, especially with respect to in-service conformity provisions. The representative from Japan agreed the inclusion of in-service conformity into UN Regulation No.83 should be looked after carefully as it could also be part of WLTP provisions.

19. The Chair congratulated the IWG on RDE for the achievements in such limited time frame, getting consensus so that the draft UN regulation reaches full harmonization.

20. GRPE adopted ECE/TRANS/WP.29/GRPE/2020/15 and GRPE-81-16 as amended by Addendum 2 to this chair’s notes and complimented by GRPE-81-26 that will be uploaded on the UN Regulation webpage once it is available. GRPE requested the secretariat to submit Addendum 2 to WP.29 and AC.1 for consideration and vote at their November 2020 sessions as draft new UN Regulation No. [XXX] on RDE. The representative of the EC informed some elements were left in square brackets waiting for the outcome of local discussions in the region. She indicated that the square bracket would be removed prior to the adoption by WP.29/AC.1.

21. She finally updated GRPE on the latest development and forthcoming plans for the development of a draft new UN GTR on RDE still being discussed with a larger group of stakeholders involved.

22. GRPE noted the request for a meeting room for half a day during the GRPE week in January 2021.