Opinion of the Economic and Social Committee on the "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"(1)

(1999/C 209/03)

On 25 May 1999 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 18 May 1999. The rapporteur was Mr Colombo.

At its 364th plenary session, on 26 May 1999, the Economic and Social Committee adopted the following opinion with 109 votes in favour and one abstention.

1. Introduction

1.1. The aim of the proposed Directive is to mitigate the consequences of the high number of accidents involving commercial vehicles weighing more than 3.5 tonnes.

1.2. This legislative initiative, approved by the bodies concerned during wide consultation, is designed to incorporate in European law the technical standards necessary for the type-approval of front underrun protective devices for heavy goods vehicles.

1.3. It is stipulated that, with a cut-off point of 1 October 2003, all new vehicles registered must be fitted with a front underrun protective device type-approved as a separate technical unit, i.e. without waiting for the rules on EC type-approval of the whole vehicle to be supplemented.

1.4. This measure is part of a policy to mitigate the consequences of road accidents and is based on the Commission's finding that more than 80 % of the victims in this kind of accident are the occupants of cars or light commercial vehicles.

1.5. The measure is also intended to fill a legal gap since, despite the many proposals for Community legislation(2) on safety and preventive action regarding the number and effects of accidents, there has not so far been any move regarding front underrun protective devices for heavy goods vehicles.

1.6. The proposal for a Directive meets the requirements of Article 75 of the Treaty, which provides, among other things, for the adoption of measures to improve transport safety. The proposal is also in line with the Commission's communication on road safety(3), which includes provision for vehicles to be so designed that in the case of accident the damage to the more vulnerable party is minimalised (Annex III, Field III).

2. General comments

2.1. The ESC endorses the aim of mitigating the consequences of accidents involving goods vehicles with a maximum mass of more than 3.5 tonnes by requiring them to be fitted with suitable front underrun protective devices.

2.2. This is a sensible proposal which will fit into the road traffic framework and has already been advocated in the ESC opinion on the "Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Promoting road safety in the EU: the programme for 1997-2001"(4).

2.3. The ESC believes these measures to be extremely important for this type of vehicle, since the damage caused in accidents is proportional not only to the speed but also to the mass of the vehicles involved.

2.4. A detailed approach targeted specifically at this technical/design aspect is an important factor in reducing the number of injured and dead, with all the fundamental social benefits which that entails, including limiting the very high health costs. The measure is not a very costly one, especially when the safety benefits are borne in mind.

2.5. The Committee also agrees that the European Union should accede to the UN/ECE agreement on uniform conditions for the approval of and the mutual recognition of approvals for motor-vehicle equipment and components.

2.6. The Community system involves obligatory adoption of all the features and parts which have a significant and positive impact on the configuration of road vehicles and increase road safety.

2.7. Application of UN/ECE regulations is optional and not obligatory. European standards on the other hand are binding, either directly or after incorporation in national law.

2.8. EU accession to the agreement should also be supported because 34 countries have already signed up to it, including many in central and eastern Europe, which will make it easier to include these problems in their negotiations for EU membership.

3. Specific comments

3.1. The technical specifications in the Directive have been examined and discussed by Working Party 29 of the UN Economic Commission for Europe (responsible for the technical specifications of motor vehicles) and have also been scrutinised by technical experts and representatives of the ministries concerned in the 34 signatory countries to the UN/ECE agreement. They can therefore be regarded as a particularly sound basis.

3.2. The device chosen is fixed to the chassis, which makes it sufficiently safe and effective. The Committee is aware that motor manufacturers are examining and evaluating more complex energy-absorbing structures (see also Field III in the Commission communication) but at the moment there is not enough technical and scientific evidence to enable such devices to be introduced in the near future.

3.3. The Commission should therefore call on motor manufacturers and the Member States to undertake to give maximum encouragement to research and development relating to all technical innovations which increase road safety.

3.4. It is necessary to correct at least the Italian version of the second indent of Article 2(2) of the Commission proposal to ensure that it reads "shall refuse ..." (no change needed in English).

3.5. In the light of the comments made the Committee endorses the proposal for a Directive.

Brussels, 26 May 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

(1) OJ C 89, 30.3.1999, p. 11.

(2) For example the proposal for a Directive on the interior fittings of motor vehicles, opinion published in OJ C 407, 28.12.1998, and the proposal for a Directive on the rear underrun protection of motor vehicles, opinion published in OJ C 407, 28.12.1998.

(3) Communication on "Promoting road safety in the EU: the programme for 1997-2001" (COM(97) 131 final, 9.4.1997).

(4) OJ C 73, 9.3.1998.