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'
Date: 1999-05-26
Institutions: European Economic and Social Committee
Subjects: approximation of laws, motor vehicle, road safety, safety device

C 209/8

EN

Official Journal of the European Communities

22.7.1999

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

The aim of the proposed Directive is to mitigate the
1.1.
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 Octob-
er 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 Com-
mission’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

The ESC endorses the aim of mitigating the conse-
2.1.
quences 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 techn-
ical/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.

(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:
programme for 1997-2001’ (COM(97) 131 final, 9.4.1997).

the

(4) OJ C 73, 9.3.1998.

22.7.1999

EN

Official Journal of the European Communities

C 209/9

2.5.
The Committee also agrees that the European Union
should accede to the UN/ECE agreement on uniform con-
ditions 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 support-
ed 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

Economic Commission for Europe (responsible for the techni-
cal 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 relat-
ing 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).

3.1.
The technical specifications in the Directive have been
examined and discussed by Working Party 29 of the UN

In the light of the comments made the Committee

3.5.
endorses the proposal for a Directive.

Brussels, 26 May 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI