COMMISSION REGULATION (EC) No 631/2009
of 22 July 2009
laying down detailed rules for the implementation of Annex I to Regulation (EC) No 78/2009 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (1), and in particular Article 4(6) thereof,
Whereas:
(1)
Regulation (EC) No 78/2009 is one of the separate regulatory acts under the type-approval procedure laid down by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 on establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (‖Framework Directive‖) (2).
(2)
Regulation (EC) No 78/2009 sets out the basic requirements for the protection of pedestrians and other vulnerable road users in the form of tests and limit values for the type-approval of vehicles and of frontal protection systems as separate technical units.
(3)
The tests set out in Regulation (EC) No 78/2009 are based on the requirements set out in Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Council Directive 70/156/EEC (3) and Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC (4).
(4)
A study completed regarding the specifications of certain requirements set out in Directive 2003/102/EC (5) indicated a need to provide amendments.
(5)
The technical prescriptions necessary to implement the requirements of Regulation (EC) No 78/2009 should be based on the specifications used in Commission Decision 2004/90/EC of 23 December 2003 on the technical prescriptions for the implementation of Article 3 of Directive 2003/102/EC of the European Parliament and of the Council relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Directive 70/156/EEC (6) and Commission Decision 2006/368/EC of 20 March 2006 on the detailed technical requirements for carrying out the tests specified in Directive 2005/66/EC of the European Parliament and of the Council relating to the use of frontal protection systems on motor vehicles (7).
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee - Motor Vehicles.
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the technical prescriptions necessary to carry out the tests and requirements specified in Annex I to Regulation (EC) No 78/2009.
Article 2
The tests set out in Annex I to Regulation (EC) No 78/2009 shall be carried out in accordance with the Annex to this Regulation.
Article 3
Where, in the case of the tests for type-approval of a vehicle with regard of it being fitted with a frontal protection system or for a type-approval of such systems as a separate technical unit, the frontal protection system to be tested has been designed for use on more than one vehicle type, that system shall be type-approved separately for every vehicle type for which it is intended.
However, the technical service shall have the discretion to waive additional tests where the intended vehicle types or the frontal protection system types are considered to be sufficiently similar.
Article 4
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, 22 July 2009.