Legal provisions of COM(2003)67 - Protection of pedestrians and other vulnerable road users in the event of a collision with a motor vehicle

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dossier COM(2003)67 - Protection of pedestrians and other vulnerable road users in the event of a collision with a motor vehicle.
document COM(2003)67 EN
date November 17, 2003


Contents

Article 1

1. This Directive shall apply to the frontal surfaces of vehicles. For the purpose of this Directive, 'vehicle' means any motor vehicle as defined in Article 2 of and Annex II to Directive 70/156/EEC, of category M1, of a maximum mass not exceeding 2,5 tonnes, and N1 derived from M1, of a maximum mass not exceeding 2,5 tonnes.

2. The purpose of this Directive is to reduce injuries to pedestrians and other vulnerable road users who are hit by the frontal surfaces of the vehicles defined in paragraph 1.

Article 2

1. With effect from 1 January 2004 no Member State may, on grounds relating to pedestrian protection:

- refuse, in respect of a type of vehicle, to grant EC type-approval, or national type-approval, or

- prohibit the registration, sale or entry into service of vehicles,

provided that the vehicles comply with the technical provisions set out in section 3.1. or 3.2. of Annex I.

2. With effect from 1 October 2005, Member States shall no longer grant:

- EC type-approval, or

- national type-approval,

except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with.

3. Paragraph 2 shall not apply to vehicles which do not differ with respect to their essential aspects of bodywork construction and design forward of the A pillars from vehicle types which have been granted EC type-approval or national type-approval before 1 October 2005 and which have not already been approved under this Directive.

4. With effect from 1 September 2010, Member States shall no longer grant:

- EC type-approval, or

- national type-approval,

except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I to this Directive are not complied with.

5. With effect from 31 December 2012, Member States shall:

- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and

- prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,

on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with.

6. With effect from 1 September 2015, Member States shall:

- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and

- prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,

on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I are not complied with.

Article 3

Subject to the provisions of Article 2, Member States shall ensure that the tests laid down in section 3.1. or 3.2. of Annex I are carried out in accordance with the technical prescriptions to be specified by Commission decision.

Article 4

Every month the approval authorities of the Member States shall each send to the Commission a copy of the type-approval certificate, the model for which is set out in Appendix 2 to Annex II, in respect of each vehicle they have approved in accordance with this Directive during that month.

Article 5

1. The Commission, acting on the basis of relevant information communicated by the approval authorities and interested parties as well as of independent studies, shall monitor the progress made by the industry in the area of pedestrian protection, and shall carry out, by 1 July 2004, an independent feasibility assessment concerning the provisions of Annex I, section 3.2, and in particular alternative measures - either passive or a combination of active and passive measures - which are at least equivalent in terms of actual effectiveness. The feasibility study shall be based, inter alia, on practical tests and independent scientific studies.

2. If, as a result of the feasibility assessment referred to in paragraph 1, it is considered necessary to adapt the provisions of Annex I, section 3.2, to include a combination of passive and active measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, the Commission shall submit a proposal to the European Parliament and the Council to amend this Directive accordingly.

3. As long as adaptation of this Directive is restricted to the introduction of alternative passive measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, such adaptation may be carried out by the Committee for Adaptation to Technical Progress, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.

4. Before 1 April 2006, and every two years thereafter, the Commission shall report to the European Parliament and the Council on the results of the monitoring referred to in paragraph 1.

Article 6

Directive 70/156/EEC is hereby amended as follows:

1. The following points shall be inserted in Annex I:

"9.23. Pedestrian protection

9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed."

2. The following points shall be inserted in Section A of Annex III:

"9.23. Pedestrian protection

9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed."

3. The following item 58 and footnotes shall be inserted in Part I of Annex IV:

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4. Annex XI shall be amended as follows:

- the following item 58 shall be inserted in Appendix 1:

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- the following item 58 shall be inserted in Appendix 2:

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- the following item 58 shall be inserted in Appendix 3:

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Article 7

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest. They shall forthwith inform the Commission thereof.

They shall apply these measures with effect from 1 January 2004.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.

Article 8

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 9

This Directive is addressed to the Member States.