Communication from the Commission to the Council and the European Parliament - Pedestrian protection: Commitment by the European automobile industry

1. Introduction

On 21 December 2000, the Commission discussed the possibility of using an industry self-commitment to increase the protection of pedestrians and other road users from injury as a result of a collision with a motor vehicle.

In the Communication approved by the Commission on 21 December 2000, the Commission decided to undertake discussions with the European Automobile Manufacturers Association (ACEA) with a view to reaching a self-commitment that would meet the Commission's objectives in this area. The Commission also agreed to undertake parallel negotiations with the Japanese and Korean Manufacturers Associations (JAMA and KAMA, respectively). In addition, the Commission decided to continue work in parallel on a proposal for a Directive, to be prepared in the event that industry was unable to offer a satisfactory commitment. A decision to accept the industry commitment or to propose a Directive was to be made by mid-2001.

A public hearing was held on 6 February 2001, at which all interested stakeholders, including Member States and representatives from the European Parliament, had the possibility to express their views concerning provisions to increase pedestrian protection, varying from those supporting a negotiated commitment by industry to those preferring legislation. The issue of pedestrian protection has also been discussed in the Commission's Motor Vehicles Working Group, in which stakeholders are represented.

Having successfully concluded negotiations with the European automobile industry, and after parallel negotiations with the Japanese and Korean automobile industry are completed, the Commission intends in the first instance to inform the European Parliament and the Council, and afterwards adopt and address a recommendation to these industry associations.

This Communication presents the Commission's assessment of the terms of the Commitment.

2. Industry commitment

Following the invitation by the Commission in the Communication of 21 December 2000, the Commission has conducted discussions with ACEA, and is in talks with JAMA and KAMA.

The ACEA Commitment (annexed to this Communication) is modelled on the existing commitments by ACEA, JAMA and KAMA for the reduction of CO2 emissions from passenger cars, and contains the following elements:

1) Industry commits to meet the recommendations of the Commission Joint Research Centre as a first step of the passive safety measures, with all new types of vehicles fulfilling the requirements from 1 July 2005, 80 % of all new vehicles from 1 July 2010, 90% in 2011 and the remaining 10 % by 2012.

2) Industry commits to equip all new vehicles with Anti-lock Brake Systems (ABS) in 2003 and Daytime Running Lights (DRL) in 2002.

3) Rigid bull bars will not be installed on new vehicles as from 2002.

4) Industry supports the objectives of the e-Europe Action Plan and agrees on the importance of additional ICT elements in improving active safety (an indicative list is annexed to the Commitment), and it commits to install progressively additional active safety devices on all new motor vehicles.

5) Compliance with the European Enhanced Safety Vehicle Committee (EEVC) targets for pedestrian safety for all new types of vehicles in 2010 and for all new vehicles progressively from 2012, but not later than from the end of 2014, through EEVC technical prescriptions or other measures which are at least equivalent (at least equal protective effects), subject to a feasibility assessment. This assessment will be undertaken by 1 July 2004 by a Monitoring Committee set up by the Commission, with industry participation. The assessment will be based on the findings of independent bodies, and it will also cover the date of application of the EEVC requirements for those vehicles which in exceptional cases might not be able to meet the EEVC requirements by the established dates.

Compliance reporting as well as reporting on technical progress and planning will be submitted to the Monitoring Committee. All technical compliance verification will be carried out by independent technical services.

In addition, the Commitment includes a number of general provisions, and in particular the following:

- International harmonisation: the automobile industry supports future efforts to achieve international harmonisation in the area of pedestrian protection, in the framework of the UN/ECE 1998 Agreement on the establishment of global technical regulations.

- Compliance with EC competition rules: the Commitment will be implemented in compliance with EC competition rules. As far as the Commitment would contain certain restrictions of competition, a formal notification could be transmitted to the Commission, provided that this possibility is offered by applicable EC competition rules.

3. Commission Recommendation

As an additional security for ACEA to respect its Commitment, the Commission will make it clear in its recommendation that it will consider regulatory measures should ACEA not honour its Commitment.

4. Evaluation of the Commitment

In December 2000, the Commission agreed on the following elements to be met by an industry commitment on pedestrian safety:

- It would enable the achievement of the necessary road safety benefits, and in particular it would meet requirements close to those proposed by EEVC.

- It would be finalised by June 2001 at the latest.

- It would contain adequate controls to monitor the industry's compliance.

- It would take account of the provisions of the 1996 Communication on Environmental Agreements.

- It would ensure adequate coverage of the automobile industry.

The Commission has assessed the ACEA Commitment in the light of the above mentioned elements as follows:

1) Road safety benefits achieved

ACEA have agreed to meet a high level of pedestrian protection, by meeting the EEVC requirements or by introducing measures offering at least equivalent protective effects in 2010. As a first step in this direction, industry has agreed, on the one hand, to meet the requirements proposed by the JRC in its report of 19 December 2000 from 1 July 2005. On the other hand, industry has agreed to supplement this measure with three additional initiatives also conducive to improved pedestrian and road safety, i.e. the equipment of all new motor vehicles with Anti-lock Brake Systems (ABS) in 2003 and Daytime Running Lights (DRL) in 2002, and the ending of sales of rigid bull bars by car manufacturers from 2002.

2) Entry into force

According to the Commitment, industry will meet a first significant package of pedestrian safety measures by 1 July 2005, but an important package of additional safety measures will already be introduced in the period 2002-2004 (see previous paragraph).

3) Monitoring provisions

Industry has agreed to monitor annually the progress made towards meeting the objectives of the Commitment, including research and development, as well as of the compliance with the requirements. Monitoring will be conducted by a Monitoring Committee to be set up by the Commission, with industry participation. The monitoring will be done based on the results of tests conducted by independent technical services.

The practical implementation of the monitoring procedure will be defined by the Commission on the basis of the following principles:

- The Monitoring Committee will be managed by the Commission.

- The Commission will invite experts to participate in the Monitoring Committee on a needed basis, to assist the technical evaluation of the reports presented by industry.

- If no consensus is reached, the Commission will be free to use the evaluation made by its services as reference for its report to the European Parliament and Council.

4) Alignment with the 1996 Communication on Environmental Agreements

The Commitment respects the criteria identified in the 1996 Communication, and in particular:

- Consultation: consultation of interested parties has taken place, through the hearing of 6 February 2001, as well as through information meetings with the relevant Ministries of Member States, some Members of the European Parliament and the key non-governmental organisations (ETSC). Formal consultation of the European Parliament and the Council is carried out through this Communication.

- Quantified objectives: the Commitment includes numerical targets, in terms of technical requirements and testing.

- Monitoring of results: compliance will be subject to annual monitoring (see previous section).

- Independent verification of results: compliance will be verified by third party technical services (see previous section).

- Information to the public and transparency: the Commitment will be made public as an annex to this Communication.

This Communication is without prejudice to the general framework on voluntary agreements which the Commission may adopt in the future.

5) Industry coverage

The Commitment by ACEA covers over 80 % of the Community market of passenger cars and light commercial vehicles. After JAMA and KAMA have eventually signed parallel commitments in the future, practically all passenger cars and light commercial vehicles of less than 2.5 tonnes sold in the EC will be covered.

5. Further steps

Should the Commission decide to accept the ACEA Commitment, two important initiatives should be undertaken in the following 18 months to implement it:

- The setting up by the Commission of the Monitoring Committee, to which representatives of the automobile industry will be invited, and the laying down of the composition and rules of procedure of this Committee.

- The identification, together with industry, of independent technical services capable of conducting the tests laid down in the Commitment.

The Commission would report on a regular basis to the European Parliament and the Council on the implementation of the Commitment.

6. Conclusions

In the Commission's opinion, the ACEA Commitment corresponds to the mandate given by the Commission in the Communication of 21 December 2000. The Commitment would constitute a decisive and progressive contribution to achievement of the Community's priorities on EU road safety.

However, before taking a decision on whether to accept the Commitment, the Commission would like to consult the European Parliament and the Council about the content of the ACEA Commitment and the Commission's assessment in this Communication, and give them the opportunity to express their views. Therefore, the Commission will defer until no later than December 2001 the decision on whether to accept the Commitment, by means of a recommendation to the industry, or to propose a directive based on the contents of the Commitment, which may be in the form of a framework directive or a directive based on the traditional approach. Meanwhile, work on the preparation of draft legislation will continue.

ANNEX ACEA Commitment relating to the protection of pedestrians and cyclists

The annex is available only in English.