Proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles and amending Council Directive 70/156/EEC (1999/C 89/03) (Text with EEA relevance) COM(1999) 32 final - 99/0007(COD)

(Submitted by the Commission on 10 February 1999)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

(1) Whereas by Decision 97/836/EC (1), the Council, with the assent of the European Parliament, authorised the Community to accede to the United Nations Economic Commission for Europe (ECE) Agreement concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts, done at Geneva on 20 March 1958, as revised on 16 October 1995;

(2) Whereas, through its accession to the Agreement, the Community subscribed to a defined list of Regulations established pursuant to that Agreement; whereas this list includes Regulation No 93 (2) concerning front underrun protective devices for commercial vehicles having a mass exceeding 3,5 tonnes;

(3) Whereas in order to reduce the number of European road accident casualties, it is necessary to introduce without delay the legislative measures established by that regulation into the EC type-approval procedure set up by Council Directive 70/156/EEC (3), as last amended by Commission Directive 98/14/EC (4), so as to improve the protection of the occupants of passenger cars and light vans from injury in the event of a collision with the fronts of heavy goods vehicles and to allow manufacturers of such devices and of vehicles equipped with such devices to obtain an EC type-approval if they met the technical requirements of that Regulation;

(4) Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the measures which are the subject of this Directive cannot be sufficiently achieved by the Member States on account of the scale and effect of the action proposed in the relevant sector, and can therefore be better achieved by the Community; whereas this Directive limits itself to the minimum required for the attainment of the desired objective, namely Community vehicle approval, and does not go beyond what is necessary for that purpose;

(5) Whereas this Directive is one of the separate directives which are to be complied with in order to conform to the EC type-approval procedure; whereas consequently, the provisions laid down in Directive 70/156/EEC relating to vehicles, vehicle systems, components and separate technical units apply to this Directive;

(6) Whereas, in view of the considerable number of road accidents involving commercial vehicles having a mass of more than 3,5 tonnes, and consequently in order to increase road safety, these provisions should be made mandatory without awaiting any further supplements to EC type-approval for this category of vehicles,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive:

(a) 'vehicle` means any motor vehicle as defined in Section A of Annex II to Directive 70/156/EEC;

(b) 'front underrun protective device` means a front underrun protective device which is intended to be part of a vehicle and which can be approved as a separate technical unit in accordance with Article 2 of Directive 70/156/EEC.

Article 2

1. With effect from [1 October 1999] or, if the publication of the documents referred to in Article 3 is delayed beyond [1 April 1999], six months after the actual date of publication of the said documents, Member States may not, on grounds relating to the front underrun protection of a vehicle:

- refuse, in respect of a type of vehicle, or a type of a front underrun protective device considered as a separate technical unit, to grant EC type-approval or national type-approval, or

- prohibit the registration, sale or entry into service of vehicles or front underrun protective devices considered as a separate technical unit,

if the vehicles or separate technical units comply with the requirements of this Directive.

2. With effect from [1 October 2003], Member States:

- shall no longer grant EC type-approval for a type of vehicle and a type of front underrun protective device as a separate technical unit,

- shall refuse the registration, sale or entry into service of new vehicles and new front underrun protective devices as separate technical units,

on grounds relating to the front underrun protection of the requirements of this Directive are not complied with.

3. The administrative provisions governing EC type-approval shall be as set out in Annex I.

The scope of this Directive, and the technical requirements to be fulfilled for the award of EC type-approval, shall be as laid down in Annex II.

Article 3

Regulation No 93 of the United Nations Economic Committee for Europe shall be published in the Official Journal of the European Communities before [1 April 1999].

Article 4

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

1. Annex I is amended as follows:

(a) Item 2.3.4 is replaced by the following:

'2.3.4. Width of the foremost axle (measured at the outermost part of the tyres excluding the bulging of the tyres closed to the ground): .`(b) Items 9.21 and 9.21.1 are inserted:

'9.21. Front underrun protection

9.21.1. Drawings of the vehicle parts relevant to the front underrun protection i. e. drawing of the vehicle and/or chassis with position and mounting of the widest front axle, drawing of the mounting and/or fitting of the front underrun protection. If the underrun protection is not a special device, the drawing must clearly show that the required dimensions are met: .

9.21.2. In the case of special devices a full description and/or drawing of the front underrun protection (including mountings and fittings), or, if approved as a separate technical unit, type-approval number: .

9.21.3. Maximum horizontal and vertical deflection during and after the application of the test force of any test point: .`

2. Annex IV is amended as follows:

(a) In Part I, the following Item 58 is added:

'>TABLE>

`(b) In Part II, the following Item 58 is added:

'>TABLE>

`

Article 5

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than [1 October 1999]. However, if the publication of the documents referred to in Article 3 is delayed beyond [1 April 1999], Member States shall fulfil this obligation six months after the effective publication of the said documents. They shall forthwith inform the Commission thereof.

They shall apply these provisions as from [1 October 1999] or, if the publication of the documents referred to in Article 3 is delayed beyond [1 April 1999], six months after the actual publication of the said documents.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a 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 governed by this Directive.

Article 6

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

Article 7

This Directive is addressed to the Member States.

(1) OJ L 346, 17.12.1997, p. 78.

(2) UN Economic Commission for Europe, document E/ECE/324.

(3) OJ L 42, 23.2.1970, p. 1.

(4) OJ L 91, 25.3.1998, p. 1.

ANNEX I

ADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL

1. Application for Type-Approval

1.1. Application for EC type-approval of a front underrun protective device as a separate technical unit

1.1.1. Application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC in respect of a front underrun protection device considered to be a separate technical unit within the meaning of Article 2 of Directive 70/156/EEC shall be submitted by the manufacturer of the front underrun protective device.

1.1.2. A model for the information document is given in Appendix 1.

1.1.3. A representative sample of the type of device to be approved shall be submitted to the technical service responsible for conducting the type-approval tests. That service may, if it is considered necessary, request a further sample. The samples shall be clearly and indelibly marked with the applicants trade name or mark and the type designation.

1.2. Application for EC type-approval of a vehicle type with regard to the installation of front underrun protective devices which have been type-approved as separate technical unit

1.2.1. Application for EC type-approval pursuant to Article 3(1) of Directive 70/156/EEC shall be submitted by the vehicle manufacturer.

1.2.2. A model for the information document is given in Appendix 2.

1.2.3. A representative sample of the vehicle type to be approved shall be submitted to the technical service responsible for conducting the approval tests.

1.3. Application for EC type-approval of a vehicle type with regard to its front underrun protection

1.3.1. Application for EC type-approval pursuant to Article 3(1) of Directive 70/156/EEC shall be submitted by the vehicle manufacturer.

1.3.2. A model for the information document is given in Appendix 3.

1.3.3. A representative of the vehicle type to be approved shall be submitted to the technical service responsible for conducting the approval tests.

2. Granting of EC Type-Approval

2.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) and, if applicable 4(4) of Directive 70/156/EEC shall be granted.

2.2. A model for the EC type-approval certificate is given:

2.2.1. for a front underrun protective device as a separate technical unit in Appendix 4;

2.2.2. for a vehicle type with regard to the installation of a front underrun protective device which has been type-approved as separate technical unit in Appendix 5;

2.2.3. for a vehicle type with regard to its front underrun protection in Appendix 6.

2.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of front underrun protective device or each type of vehicle approved. The same Member State shall not assign the same number to another type of front underrun protective device or to another type of vehicle.

3. EC Type-approval Marking for Separate Technical units

3.1. Every front underrun protective device conforming to the type approved under this Directive as a separate technical unit shall bear an EC type-approval mark.

3.2. This mark shall consist of a rectangle surrounding the letter 'e` followed by the distinguishing number or letters of the Member State which has granted type-approval:

>TABLE>

It must also include in the vicinity of the rectangle the 'base approval number` contained in Section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive . . ./. . ./EC (1*) on the date EC type-approval was granted. In this Directive the sequence number is 00.

3.3. The EC type-approval mark must be affixed to the front underrun protective device in such a way as to be indelible and clearly legible even if the device is fitted to a vehicle.

3.4. An example of the EC type-approval mark is shown in Appendix 7.

4. Modification of the type and amendments to approvals

4.1. In the case of modification of a vehicle type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.

5. Conformity of production

5.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.

Appendix 1

>START OF GRAPHIC>

INFORMATION DOCUMENT No . . .

relating to the EC type-approval of a front underrun protection device as a separate technical unit

(Directive . . ./. . ./EC (*), as last amended by Directive . . ./. . ./EC)

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0. GENERAL

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Name and address of manufacturer: .

0.4. Location and method of affixing of the EC approval mark: .

0.5. Address(es) of assembly plant(s): .

1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE(S)

on which the device is intended to be fitted in so far as they relate to the front underrun protection

1.1. Type of vehicle(s) and category (1) (if necessary): .

1.2. Technically permissible maximum laden mass: .

2. GENERAL CONSTRUCTION CHARACTERISTICS OF THE DEVICE

2.1. Full description and/or drawing of the front underrun protection device (including mounting and fitting): .

2.2. Restrictions on use and mounting specifications (if any): .

2.3. Position on the device of the points of application of the test forces: .

2.4. Maximum horizontal and vertical deflection during and after the application of the test force of any test point: .

Date, file

(*) Insert directive number.

(1) As defined in Section A of Annex II to Directive 70/156/EEC.>END OF GRAPHIC>

Appendix 2

>START OF GRAPHIC>

INFORMATION DOCUMENT No . . .

pursuant to Annex I of Council Directive 70/156/EEC (*) relating to the EC type-approval of a vehicle type with regard to the installation of front underrun protection devices which have been type approved as separate technical unit

(Directive . . ./. . ./EC (**), as last amended by Directive . . ./. . ./EC)

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0. GENERAL

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Means of identification of type, if marked on the vehicle (b): .

0.3.1. Location of that marking: .

0.4. Category of vehicle (c): .

0.5. Name and address of manufacturer: .

0.8. Address(es) of assembly plant(s): .

1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1. Photographs and/or drawings of a representative vehicle: .

2. MASSES AND DIMENSIONS (e) (in kg and mm) (Refer to drawing where applicable)

2.3.5. Width of the foremost axle (measured at the outermost part of the tyres excluding the bulging of the tyres closed to the ground): .

2.8. Technically permissible laden mass stated by the manufacturer (maximum and minimum for each version) (y): .

9. BODYWORK

9.1. Type of bodywork: .

9.2. Materials used and methods of construction: .

9.21. Front underrun protection

9.21.1. Drawings of the vehicle parts relevant to the front underrun protection i.e. drawing of the vehicle and/or chassis with position and mounting of the widest front axle, drawing of the mounting and/or fitting of the front underrun protection. If the underrun protection is not a special device, the drawing must clearly show that the required dimensions are met: .

(*) The item numbers and footnotes used in this Information Document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purposes of this Directive are omitted.

(**) Insert directive number.

9.21.2. In the case of special devices, full description and/or drawing of the front underrun protection (including mountings and fittings), or, if approved as a separate technical unit, type-approval number: .

9.21.3. Maximum horizontal and vertical deflection during and after the application of the test force of any test point: .

Date, file>END OF GRAPHIC>

Appendix 3

>START OF GRAPHIC>

INFORMATION DOCUMENT No . . .

pursuant to Annex I of Council Directive 70/156/EEC (*) relating to the EC type-approval of a vehicle type with regard to its front underrun protection

(Directive . . ./. . ./EC (**), as last amended by Directive . . ./. . ./EC)

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0. GENERAL

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Means of identification of type, if marked on the vehicle (b): .

0.3.1. Location of that marking: .

0.4. Category of vehicle (c): .

0.5. Name and address of manufacturer: .

0.8. Address(es) of assembly plant(s): .

1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1. Photographs and/or drawings of a respresentative vehicle: .

2. MASSES AND DIMENSIONS (e) (in kg en mm) (Refer to drawing where applicable)

2.3.5. Width of the foremost axle (measured at the outermost part of the tyres excluding the bulging of the tyres close to the ground): .

2.8. Technically permissible laden mass stated by the manufacturer (maximum and minimum for each version) (y): .

9. BODYWORK

9.1. Type of bodywork: .

9.2. Materials used and methods of construction: .

9.21. Front underrun protection

9.21.1. Drawings of the vehicle parts relevant to the front underrun protection i.e. drawing of the vehicle and/or chassis with position and mounting of the widest front axle, drawing of the mounting and/or fitting of the front underrun protection. If the underrun protection is not a special device, the drawing must clearly show that the required dimensions are met: .

(*) The item numbers and footnotes used in this Information Document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purposes of this Directive are omitted.

(**) Insert directive number.

9.21.2. In the case of special devices, full description and/or drawing of the front underrun protection (including mountings and fittings), or, if approved as a separate technical unit, type-approval number: .

9.21.3. Maximum horizontal and vertical deflection during and after the application of the test force of any test point: .

Date, file>END OF GRAPHIC>

Appendix 4

>START OF GRAPHIC>

MODEL

(maximum format: A4 (210 mm × 297 mm)

EC TYPE-APPROVAL CERTIFICATE

ADMINISTRATION STAMP

Communication concerning the:

- type-approval (1),

- extension of type-approval (1),

- refusal of type-approval (1),

- withdrawal of type-approval (1),

of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EC, as last amended by Directive . . ./. . ./EC.

Type-approval number: .

Reason for extension: .

SECTION I

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2): .

0.3.1. Location of that marking: .

0.4. Category of vehicle (1) (3): .

0.5. Name and address of manufacturer: .

0.7. In the case of components and separate technical units, location and method of affixing of the EC type-approval mark: .

0.8. Address(es) of assembly plant(s): .

SECTION II

1. Additional information (where applicable): see Addendum

2. Technical service responsible for carrying out the tests: .

3. Date of test report: .

4. Number of test report: .

5. Remarks (if any): see Addendum

6. Place: .

7. Date: .

8. Signature: .

9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

(1) Delete where not applicable.

(2) If the means of identification of type contains characters not relevant to a description of the vehicle, component or separate technical unit types covered by this type-approval certificate, such characters shall be represented in the documentation by the symbol '?' (e.g. ABC??123???).

(3) As defined in Section A of Annex II to Directive 70/156/EEC.>END OF GRAPHIC>

Addendum

>START OF GRAPHIC>

to EC type-approval certificate No . . . concerning the type-approval of a front underrun protective device as a technical unit

(Directive . . ./. . ./EC (*), as last amended by Directive . . ./. . ./EC)

1. Additional information

1.1. Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: .

1.2. Site of engine: forward/rear/central (1)

1.3. Drive: front-wheel/rear-wheel (1)

1.4. Mass of vehicle submitted for testing1.4.1. Front axle: .

1.4.2. Rear axle: .

1.4.3. Total: .

5. Remarks: (e.g., valid for left-hand drive and right-hand drive vehicles)

(*) Insert directive number.

(1) Delete where not applicable.>END OF GRAPHIC>

Appendix 5

>START OF GRAPHIC>

MODEL

(maximum format: A4 (210 mm × 297 mm)

EC TYPE-APPROVAL CERTIFICATE

ADMINISTRATION STAMP

Communication concerning the:

- type-approval (1)

- extension of type-approval (1)

- refusal of type-approval (1)

- withdrawal of type-approval (1)

of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EC, as last amended by Directive . . ./. . ./EC.

Type-approval number: .

Reason for extension: .

SECTION I

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2): .

0.3.1. Location of that marking: .

0.4. Category of vehicle (1) (3): .

0.5. Name and address of manufacturer: .

0.7. In the case of components and separate technical units, location and method of affixing of the EC type-approval mark: .

0.8. Address(es) of assembly plant(s): .

SECTION II

1. Additional information (where applicable): see Addendum

2. Technical service responsible for carrying out the tests: .

3. Date of test report: .

4. Number of test report: .

5. Remarks (if any): see Addendum

6. Place: .

7. Date: .

8. Signature: .

9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

(1) Delete where not applicable.

(2) If the means of identification of type contains characters not relevant to a description of the vehicle, component or separate technical unit types covered by this type-approval certificate, such characters shall be represented in the documentation by the symbol '?' (e.g. ABC??123??).

(3) As defined in Section A of Annex II to Directive 70/156/EEC.>END OF GRAPHIC>

Addendum

>START OF GRAPHIC>

to EC type-approval certificate No . . . concerning the type-approval of a vehicle with regard to the installation of front underrun protective devices which have been type aproved as a separate technical unit

(Directive . . ./. . ./EC (*), as last amended by Directive . . ./. . ./EC)

1. Additional information

1.1. Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: .

1.2. Site of engine: forward/rear/central (1)

1.3. Drive: front-wheel/rear-wheel (1)

1.4. Mass of vehicle submitted for testing1.4.1. Front axle: .

1.4.2. Rear axle: .

1.4.3. Total: .

5. Remarks: (e.g., valid for left-hand drive and right-hand drive vehicles)

(*) Insert directive number.

(1) Delete where not applicable.>END OF GRAPHIC>

Appendix 6

>START OF GRAPHIC>

MODEL

(maximum format: A4 (210 mm × 297 mm)

EC TYPE-APPROVAL CERTIFICATE

ADMINISTRATION STAMP

Communication concerning the:

- type-approval (1)

- extension of type-approval (1)

- refusal of type-approval (1)

- withdrawal of type-approval (1)

of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EC, as last amended by Directive . . ./. . ./EC.

Type-approval number: .

Reason for extension: .

SECTION I

0.1. Make (trade name of manufacturer): .

0.2. Type and general commercial description(s): .

0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2): .

0.3.1. Location of that marking: .

0.4. Category of vehicle (1) (3): .

0.5. Name and address of manufacturer: .

0.7. In the case of components and separate technical units, location and method of affixing of the EC type-approval mark: .

0.8. Address(es) of assembly plant(s): .

SECTION II

1. Additional information (where applicable): see Addendum

2. Technical service responsible for carrying out the tests: .

3. Date of test report: .

4. Number of test report: .

5. Remarks (if any): see Addendum

6. Place: .

7. Date: .

8. Signature: .

9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

(1) Delete where not applicable.

(2) If the means of identification of type contains characters not relevant to a description of the vehicle, component or separate technical unit types covered by this type-approval certificate, such characters shall be represented in the documentation by the symbol '?' (e.g. ABC??123??).

(3) As defined in Section A of Annex II to Directive 70/156/EEC.>END OF GRAPHIC>

Addendum

>START OF GRAPHIC>

to EC type-approval certificate No . . . concerning the type-approval of a vehicle with regard to its front underrun protection

(Directive . . ./. . ./EC (*), as last amended by Directive . . ./. . ./EC)

1. Additional information

1.1. Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: .

1.2. Site of engine: forward/rear/central (1)

1.3. Drive: front-wheel/rear-wheel (1)

1.4. Mass of vehicle submitted for testing1.4.1. Front axle: .

1.4.2. Rear axle: .

1.4.3. Total: .

5. Remarks: (e.g., valid for left-hand drive and right-hand drive vehicles)

(*) Insert directive number.

(1) Delete where not applicable.>END OF GRAPHIC>

Appendix 7

Model for the EC type-approval mark

a ≥ 12 mm

>REFERENCE TO A GRAPHIC>

The front underrun protective device bearing the above EC type-approval mark is a device which has been approved in Germany (e 1) under the base approval 2439 on the basis of this Directive (00).

The figures used are only indicative.

(1*) Insert directive number.

ANNEX II

SCOPE AND TECHNICAL REQUIREMENTS

1. SCOPE

1.1. This Directive applies to:

1.1.1. front underrun protective devices as separate technical units intended to be fitted to vehicles of categories N2 and N3 (1);

1.1.2. vehicles of category N2 and N3 with regard to the installation of front underrun protective devices which have been type approved as separate technical unit;

1.1.3. vehicles of category N2 and N3 with regard to its front underrun protection.

1.2. Vehicles of categories N2 with a maximum mass not exceeding 7,5 tonnes shall comply only with the ground clearance requirement of 400 mm set out in this Directive.

1.3. The requirements of this Directive do not apply to:

1.3.1. off-road vehicles of categories N2 and N3;

1.3.2. vehicles such that their use is incompatible with the provisions of front underrun protection.

2. DEFINITIONS

For the purpose of this Directive:

2.1. 'Maximum mass` of the vehicle means the technically permissible maximum mass defined in Item 2.8 of Annex I of Directive 70/156/EEC.

2.2. 'Unladen vehicle` means the vehicle in running order having the mass defined in item 2.6 of Annex I to Directive 70/156/EEC.

2.3. 'Type of a front underrun protective device` means front underrun protective devices which do not differ with respect to the essential characteristics such as shape; dimensions; attachment; materials and the markings cited in item 1.1.3. of Annex I.

2.4. 'Front underrun protection` means the presence at the front of the vehicle of either:

A special front underrun protective device; or Body work, chassis parts or other components, such that by virtue of their shape and characteristics, these elements can be regarded as fulfilling the function of the front underrun protective device;

2.5. 'Vehicle type` means vehicles which do not essentially differ in such aspects as:

2.5.1. The width of the foremost axle measured at the outermost part of the tyres excluding the bulging of the tyres close to the ground.

2.5.2. The structure, the dimensions, the shape and materials of the front part of the vehicle in so far as they have a bearing on the requirements of the relevant part of this Directive.

2.5.3. The approved front underrun protective device fitted to the vehicle.

2.5.4. The maximum mass of the vehicle type.

3. TECHNICAL REQUIREMENTS

The technical requirements which have to be complied with in order to obtain a type-approval in accordance with this Directive are those set out in paragraphs 6, 8 and 10, together with Annex 5, of UN/ECE Regulation 93.

(1) As defined in Section A of Annex II to Directive 70/156/EEC.