EN Official Journal of the European Union L 309/37

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Systems providing additional frontal protection for motor vehicles have been increasingly used in recent years. Some of these systems constitute a risk to the safety of pedestrians and other road users in the event of a collision. Measures are therefore required in order to safeguard the public against such risks.

(2) Frontal protection systems can be provided as original equipment fitted to a vehicle or marketed as separate technical units. The technical requirements for the type approval of motor vehicles with regard to any frontal protection systems that might be fitted to the vehicle should be harmonised in order to prevent the adoption of requirements that vary from one Member State to another and to ensure the proper functioning of the internal market. For the same reasons, it is necessary to harmonise the technical requirements for the type approval of frontal protection systems as separate technical units within the meaning of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3).

(3) It is necessary to control the use of frontal protection systems and to establish the test, construction and installation requirements to be complied with by any frontal protection system either supplied as original equipment fitted to a vehicle or placed on the market as a separate technical unit. Tests should require that frontal protection systems are designed in a way that improves pedestrian safety and reduces the number of injuries.

(4) These requirements should also be regarded in the context of the protection of pedestrians and other vulnerable road users and with reference to 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 (4). The present Directive should be reviewed in the light of further research and experience gained during the first four years of its application.

(5) This Directive is one of the separate Directives within the framework of the EC type-approval procedure established by Directive 70/156/EEC.

(6) The Commission should monitor the impact of this Directive and report to the European Parliament and the Council. If it is deemed necessary to achieve further improvements in pedestrian protection, the Commission should make proposals to amend this Directive in accordance with technical progress.

(7) It is recognised, however, that certain vehicles included in the scope of this Directive, and to which frontal protection systems may be fitted, will not be subject to Directive 2003/102/EC. For such vehicles it is considered that the upper leg test requirements of this Directive may be technically unfeasible. To facilitate an improvement in pedestrian safety, with respect to head injury, it may be necessary to allow alternative requirements for the upper leg test, for application to those vehicles only, whilst ensuring that the installation of any frontal protection system does not increase the risk of leg injury to pedestrians or other vulnerable road users.

(8) The measures necessary for the implementation of this Directive and for its adaptation to scientific and technical progress should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(9) Since the objective of this Directive, namely to promote the safety of pedestrians and other vulnerable road users through laying down technical requirements for the type-approval of motor vehicles as regards frontal protection systems, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.

(10) This Directive is part of the European road safety action programme and may be supplemented by national measures to prohibit or restrict the use of frontal protection systems already on the market before its entry into force.

(11) Directive 70/156/EEC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

The purpose of this Directive is to improve pedestrian and vehicle safety through passive measures. It lays down technical requirements for the type-approval of motor vehicles as regards frontal protection systems supplied as original equipment fitted to vehicles or as separate technical units.

Article 2

Definitions

For the purposes of this Directive the following definitions and the definitions in Annex I, paragraph 1, shall apply:

1. ‘vehicle’ means any motor vehicle of class M1 as defined in Article 2 of Directive 70/156/EEC and in Annex II thereto, of a total permissible mass not exceeding 3,5 tonnes and any motor vehicle of class N1 as defined in Article 2 of Directive 70/156/EEC and in Annex II thereto;

2. ‘separate technical unit’ means any separate technical unit within the meaning of Article 2 of Directive 70/156/EEC and intended for installation and use on one or more types of vehicles.

Article 3

Type-approval provisions

1. With effect from 25 August 2006, in respect of a new type of vehicle fitted with a frontal protection system which complies with the requirements laid down in Annex I and Annex II, Member States shall not, on grounds relating to frontal protection systems:

(a) refuse to grant EC type-approval or national type-approval;

(b) prohibit registration, sale or entry into service.

2. With effect from 25 August 2006, in respect of a new type of frontal protection system which is made available as a separate technical unit and which complies with the requirements laid down in Annex I and Annex II, Member States shall not:

(a) refuse to grant EC type-approval or national type-approval;

(b) prohibit sale or entry into service.

3. With effect from 25 November 2006, in respect of a new type of vehicle fitted with a frontal protection system, or a new type of frontal protection system supplied as a separate technical unit, which does not comply with the requirements laid down in Annex I and Annex II, Member States shall refuse to grant EC type-approval or national type-approval.

4. With effect from 25 May 2007, in respect of vehicles which do not comply with the requirements laid down in Annex I and Annex II, Member States shall, on grounds relating to frontal protection systems:

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

(b) prohibit the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC.

5. With effect from 25 May 2007, the requirements under Annex I and Annex II relating to frontal protection systems made available as separate technical units, shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.

Article 4

Implementation measures and amendments

1. Detailed technical requirements for the test provisions laid down in paragraph 3 of Annex I shall be adopted by the Commission in accordance with the procedure referred to in Article 13(3) of Directive 70/156/EEC.

2. Amendments necessary for adapting this Directive shall be adopted by the Commission, in accordance with the procedure referred to in Article 13(3) of Directive 70/156/EEC.

Article 5

Review

Not later than 25 August 2010, in the light of technical progress and experience, the Commission shall review the technical provisions of this Directive and, in particular, the conditions for requiring the Upper Legform to Frontal Protection System test, the inclusion of an Adult Headform to Frontal Protection System test and the specification of a Child Headform to Frontal Protection System test. The results of this review will be the subject of a report from the Commission to the European Parliament and the Council.

If, as a result of this review, it is considered appropriate to adapt the technical provisions of this Directive, such adaptation shall be carried out in accordance with the procedure laid down in Article 13(3) of Directive 70/156/EEC.

Article 6

Amendments to Directive 70/156/EEC

Annexes I, III, IV and XI to Directive 70/156/EEC are hereby amended in accordance with Annex III to this Directive.

Article 7

Transposition

1. Member States shall adopt and publish, by 25 August 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply those provisions from 25 August 2006.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 8

Separate technical units

This Directive shall not affect the Member States' competence to prohibit or to restrict the use of frontal protection systems placed on the market as separate technical units before the entry into force of this Directive.

Article 9

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 10

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 26 October 2005. For the European Parliament The President J. BORRELL FONTELLES For the Council The President D. ALEXANDER

(1) OJ C 112, 30.4.2004, p. 18.

(2) Opinion of the European Parliament of 26 May 2005 (not yet published in the Official Journal) and Council Decision of 11 October 2005.

(3) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005/49/EC (OJ L 194, 26.7.2005, p. 12).

(4) OJ L 321, 6.12.2003, p. 15.

(5) OJ L 184, 17.7.1999, p. 23.