Proposal for a Directive of the European Parliament and of the Council relating to the protection of pedestrians and other vulnerable road users in the event of a collision with a motor vehicle and amending Directive 70/156/EEC
Date: 2003-02-19
Institutions: European Commission
Subjects: EC conformity marking, common transport policy, motor vehicle, pedestrian, road safety, transport accident

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.2.2003
COM(2003) 67 final

2003/0033 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to the protection of pedestrians and other vulnerable road users in the event of
a collision with a motor vehicle and amending Directive 70/156/EEC

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

OBJECTIVE OF THE PROPOSAL

As many as 8,000 pedestrians and cyclists are killed and a further 300,000 injured in
the Community each year in road accidents. This proposal aims to reduce deaths and
injuries that occur in accidents involving pedestrians through changes to the front of
vehicles. The proposal lays down requirements for the construction of motor vehicles
in order to improve the protection of pedestrians and other road users by mitigating
the severity of injuries in the event of a  collision  with  a  motor  vehicle.  The  frontal
parts  of  motor  vehicles  will  have  to  be  constructed  in  such  a  way  that,  when
impacted, certain limit values are not exceeded.

The proposed measures apply to passenger cars and light vans. As the construction of
passenger  cars  is  covered  by  Community  legislation  under  the  EC  whole  vehicle
type-approval  system  set  up  by  Directive  70/156/EEC,  as  amended,  the  proposed
requirements will also be incorporated into this system.

2.

LEGAL BASIS

This proposal lays down harmonised technical requirements for the type-approval of
motor vehicles with regard to pedestrian protection. Harmonised rules are necessary
to  ensure  the  proper  functioning  of  the  Internal  Market  in  this  area.  Therefore  this
proposal is based on Article 95 of the Treaty establishing the European Community.

3.

REGULATORY APPROACH

representing 

During  2001  the  Commission  successfully  concluded  negotiations  with  the
the  European,  Japanese  and  Korean  automobile
associations 
manufacturers  (ACEA,  JAMA  and  KAMA),  concerning  a  commitment  by  the
industry  to  introduce  measures  to  increase  pedestrian  protection.  Also  US  vehicles
sold  in  the  Community  are  covered  by  the  ACEA  commitment.  The  industry
commitment was presented by the Commission by means of a Communication to the
Council and the European Parliament on 11 July 2001 for their opinion1.

The Commission deferred the final decision on whether to acknowledge the industry
commitment or to propose legislation based on the contents of the commitment until
the European Parliament and Council had expressed their views.

Following  the  results  of  the  consultation  of  the  European  Parliament2  and  the
Council3 the Commission decided in June 2002 that legislation should be proposed,
which  establishes  the  major  aims  and  the  fundamental  technical  provisions  to  be
fulfilled.

1

2

3

COM(2001)389 final.
Resolution of 13.06.2002.
Conclusions of the Internal Market Council of 26.11.2001.

2

                                                
Consequently,  this  proposal  lays  down  the  basic  requirements  to  be  fulfilled  in  the
design of the frontal structures of motor vehicles with regard to pedestrian protection.
They  will  apply  to  all  new  cars  and  light  vans  placed  on  the  market  within  the
Community.  The  requirements,  which  are  based  on  the  industry  commitment,  are
provided in the form of various tests and limit values, described in Annex I.

The  proposal  gives  a  formal  framework  to  the  relevant  parts  of  the  commitment
undertaken  by  the  industry,  thereby  ensuring  legal  certainty  concerning  the
implementation  of  measures  to  increase  the  protection  of  pedestrians  in  case  of
accidents  with  cars.  Furthermore,  the  proposed  Directive  will  also  mean  that  the
requirements will be part of the EC type-approval system, hence involving Member
States authorities in the application of the legal provisions. Both the Council and the
European  Parliament  have  stated  that  they  would  prefer  to  have  the  type-approval
authorities involved in the application of the required measures.

The  proposed  basic  requirements  will  be  tested  according  to  detailed  prescriptions
which  will  be  set  out  in  a  Commission  decision.  With  this  approach,  the  Directive
will not have to be encumbered with elaborated technical details.

4.

CONTENTS OF THE PROPOSAL

Road  accident  statistics  indicate  that  a  significant  proportion  of  casualties  involve
pedestrians and cyclists who are injured as a result of contact with a moving vehicle,
notably  with  the  frontal  structures  of  passenger  cars.  Most  accidents  take  place  in
urban areas where serious or fatal injuries can be sustained at relatively low speeds,
particularly in the case of children.

Nevertheless,  there  is  scope  to  mitigate  the  severity  of  injuries  to  pedestrians  by
improving the frontal structures of motor vehicles. Above a certain speed the scope
to  reduce  such  injuries  is  limited  but,  at  speeds  below  approximately  40  km/h,  the
possibility exists to reduce significantly the levels of injury sustained by pedestrians
involved in frontal impacts with passenger cars and light vans.

The  prescriptions  in  this  proposal  are  based  on  scientific  work  performed  by
Working  Group  17  of  the  European  Enhanced  Vehicle-safety  Committee  (EEVC)
and the Joint Research Centre of the European Commission.

In  order  to  comply  with  the  proposed  limit  values,  motor  vehicles  (passenger  cars
and light vans) will have to pass a number of tests. In a first phase, starting in 2005,
new types of vehicles must comply with two tests concerning protection against head
injuries and leg injuries. In a second phase, starting in 2010, four tests of increased
severity will be required for new types of vehicles, two tests concerning head injuries
and  two  concerning  leg  injuries.  Within  five  years  all  new  vehicles  will  have  to
comply with these test requirements.

The  Commission  is  aware  of  the  fact  that  few,  if  any,  current  vehicle  designs  are
capable of meeting all of the proposed technical provisions. Therefore, it was thought
that an appropriate lead-time should be allowed before the proposed measures should
be applied to new vehicle types and, later, to all new vehicles.

Clearly the maximum benefit from making vehicles pedestrian friendly would occur
if  all  types  of  vehicles  comply  with  these  technical  provisions  but  it  is  recognised

3

that their application to heavier vehicles (trucks and buses) would be of limited value
and  may  not  be  technically  appropriate  in  their  present  form.  For  this  reason  the
scope  of  application  has  been  limited  to  passenger  cars  and  car-derived  vans  up  to
2.5  tonnes.  Since  these  vehicle  categories  represent  the  vast  majority  of  vehicles
currently  in  use,  the  proposed  measures  will  have  the  widest  practicable  effect  in
reducing pedestrian injuries.

Although  compliance  with  these  technical  provisions  will  necessitate  substantial
changes in vehicle design, the provided lead-time and the introduction in two phases
means  that  these  can  be  made  during  the  development  of  new  vehicles  rather  than
introducing costly changes to vehicles already in production.

Considering  the  speed  of  technological  development  in  this  area,  this  proposal
foresees  that  alternative  measures  to  the  requirements  laid  down  in  the  proposal
might be developed. A feasibility assessment will therefore be carried out by 1 July
2004  concerning  the  proposed  technical  test  provisions  and  in  particular  other
measures  which  potentially  may  have  at  least  equal  protective  effects  to  those
proposed.  Should  the  feasibility  assessment  show  that  these  alternative  measures
have  at  least  equal  protective  effects  the  Commission  shall  consider  relevant
proposals to amend this Directive.

In  their  commitments,  in  addition  to  the  introduction  of  measures  to  improve  the
design  of  car  fronts,  the  motor  vehicle  manufacturer  associations  have  also
undertaken to introduce the following additional active and passive safety measures
conducive to improved protection of pedestrian and other road users:

–  To  equip  all  new  motor  vehicles  with  anti-lock  braking  systems  (ABS)  from  1st

July 2004;

–  To  gradually  introduce  information  and  communication  technology  (ICT)

elements to improve active safety;

–  To equip all new motor vehicles with Daytime Running Lights (DRL) as from 1

October 2003;

–  Not to install rigid bull-bars as original equipment on new motor vehicles, nor to

sell them as spare parts.

Concerning  the  introduction  of  DRL,  as  a  result  of  the  consultation  of  the  Council
and the European Parliament, and in view of the differing national laws on the use of
DRL at present, the Commission has decided not to recommend its introduction by
industry until a harmonised approach is reached at Community level with regard to
its use.

Concerning the withdrawal of rigid bull bars, following the views expressed by the
Council and the European Parliament, suggesting  that  a  legislative approach  would
cover not only the original equipment manufacturers but also the independent after-
market, the Commission intends to  propose  a  Directive  containing  a  test  procedure
for all bull-bars and similar devices placed on the market.

The additional measures (including ABS and ICT elements) are being implemented
and are monitored separately.

4

2003/0033 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to the protection of pedestrians and other vulnerable road users in the event of
a collision with a motor vehicle and amending 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 Commission1,

Having regard to the opinion of the European Economic and Social Committee 2,

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

Whereas:

(1)

(2)

In  order  to  reduce  the  number  of  road  accident  casualties  in  the  Community,  it  is
necessary  to  introduce  measures  so  as  to  improve  the  protection  of  pedestrians  and
other vulnerable  road users  from injury  in  the  event  of  a  collision  with  the  fronts  of
motor vehicles.

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free
movement of goods, persons, services and capital must be ensured and to which end a
Community type-approval system for motor vehicles is in place; whereas the technical
requirements  for  the  type-approval  of  motor  vehicles  with  regard  to  pedestrian
protection  should  be  harmonised  to  avoid  the  adoption  of  different  requirements
among Member States and to ensure the proper functioning of the internal market. (3)
Pedestrian protection objectives can be achieved by active or passive safety measures;
whereas  the  recommendations  by  the  European  Enhanced  Vehicle-safety  Committee
(EEVC)  of  June  1999  are  generally  accepted 
those
recommendations  propose  performance  requirements  for  the  frontal  structures  of
certain  categories  of  motor  vehicles  to  reduce  their  aggressiveness;  whereas  this
Directive presents tests and limit values based on the EEVC recommendations.

this  area;  whereas 

in 

(4)

In view of the speed of technological development in this area, alternative measures of
at least equivalent effect to the requirements of this Directive, including active safety
measures,  may  be  proposed  by  the  industry  and  shall  be  assessed  following  a
feasibility study by 1 July 2004; the introduction of alternative measures with at least
equal protective effects would require amending this Directive.

1

2

OJ C , , p. .
OJ C , , p. .

5

                                                
(5)

(6)

(7)

(8)

Because  of  the  ongoing  research  and  technical  progress  in  the  area  of  pedestrian
protection,  it  is  appropriate  to  introduce  a  certain  degree  of  flexibility  in  this  field.
Accordingly, 
the  fundamental  provisions  regarding
pedestrian protection in the form of tests to be complied with by new types of vehicles
and  by  new  vehicles.  The  technical  prescriptions  for  the  application  of  those  tests
should be adopted by Commission decision.

this  Directive  establishes 

The  Associations  representing  the  European,  Japanese  and  Korean  motor  vehicle
the  EEVC
manufacturers  have  undertaken  commitments 
recommendations concerning limit values and tests, or agreed alternative measures of
at least equivalent effect, as from 2010, and a first set of limit values and tests as from
2005  to  new  types  of  vehicles  and  to  apply  the  first  set  of  tests  to  80%  of  all  new
vehicles as from 1 July 2010, to 90% of all new vehicles as from 1 July 2011 and to all
new vehicles as from 31 December 2012.

to  start  applying 

The provisions laid down in this Directive should also contribute to establishing a high
level  of  protection  in  the  context  of  the  international  harmonisation  of  legislation  in
this  area,  which  started  under  the  1998  Agreement  of  the  UN/ECE  concerning  the
establishment  of  global  technical  regulations  for  wheeled  vehicles,  equipment  and
parts which can be fitted and/or be used on wheeled vehicles.

This Directive is one of the separate Directives which must be complied with in order
to conform to the EC type-approval procedure established by 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,  as  last  amended  by  Commission
Directive 2001/116/EC3.

(9)

Directive 70/156/EEC should therefore be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

1.

2.

1.

3

Article 1

The  Directive  applies  to  the  frontal  surfaces  of  vehicles.  For  the  purpose  of  this
Directive, “vehicle” means any motor vehicle as defined in Article 2 of and Annex II
to Directive 70/156/EEC, of category M1, of a total permissible mass not exceeding
2.5 tonnes, and N1 derived from M1, of a total permissible mass not exceeding 2.5
tonnes.

This  Directive  has  the  purpose  of  reducing  injuries  to  pedestrians  and  other
vulnerable road  users  who are hit by  the  frontal surfaces of the  vehicles  defined  in
paragraph 1.

Article 2

With  effect  from  1  January  2004  no  Member  State  may,  on  grounds  relating  to
pedestrian protection:

OJ L18, 21.01.2002, p.1.

6

                                                
– 

refuse,  in  respect  of  a  type  of  motor  vehicle,  to  grant  EC  type-approval,  or
national type-approval or

– 

prohibit the registration, sale or entry into service of vehicles,

provided that the vehicles comply with the technical provisions set out in section 3.1.
or 3.2 of Annex I.

2.

With effect from 1 October 2005, Member States shall no longer grant:

– 

– 

EC type-approval, or

national type-approval,

except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for
any  type  of  vehicle  on  grounds  relating  to  pedestrian  protection  if  the  technical
provisions set out in section 3.1. or 3.2. of Annex I are not complied with.

3.

Paragraph  2  shall  not  apply  to  vehicles  which  do  not  differ  with  respect  to  their
essential aspects of bodywork construction and design forward of the A pillars from
vehicle types which  have  been  granted  EC  type  approval  or  national  type  approval
before 1 October 2005, which have not already been approved to this Directive.

4.

With effect from 1 September 2010, Member States shall no longer grant:

– 

– 

EC type-approval, or

national type-approval,

except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for
any  type  of  vehicle  on  grounds  relating  to  pedestrian  protection  if  the  technical
provisions set out in section 3.2. of Annex I to this Directive are not complied with.

5.

With effect from 31 December 2012, Member States:

– 

– 

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

shall refuse the registration, sale and entry into service of new vehicles which
are  not  accompanied  by  a  certificate  of  conformity  in  accordance  with
Directive 70/156/EEC

on  grounds  relating  to  pedestrian  protection  if  the  technical  provisions  set  out  in
section 3.1. or 3.2. of Annex I are not complied with.

6.

With effect from 5 years after the date referred to in Article 2(4), Member States:

– 

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

7

– 

shall refuse the registration, sale and entry into service of new vehicles which
are  not  accompanied  by  a  certificate  of  conformity  in  accordance  with
Directive 70/156/EEC

on  grounds  relating  to  pedestrian  protection  if  the  technical  provisions  set  out  in
section 3.2 of Annex I are not complied with.

Article 3

Subject to the provisions in Article 2, Member States shall ensure that the tests laid down in
section 3.1. or 3.2. of Annex I are carried out in accordance with the technical prescriptions
which the Commission shall specify by decision.

Article 4

The approval authorities of each Member State shall send monthly to the Commission a copy
of the type-approval certificate, the model for which is set out in Appendix 2 of Annex II, in
respect  of  each  vehicle  which  they  have  approved  in  accordance  with  this  Directive  during
that month.

Article 5

1.

2.

The  Commission,  based  on  relevant  information  communicated  by  the  approval
authorities and interested parties as well as on independent studies, shall monitor the
progress  made  by  the  industry  in  the  area  of  pedestrian  protection,  and  shall  carry
out,  by 1  July 2004, a feasibility assessment concerning the provisions in  Annex  I,
section  3.2.  and  in  particular  other  measures  which  are  at  least  equivalent  (at  least
equal protective effects).

The  Commission  shall  report  on  a  regular  basis  to  the  Council  and  the  European
Parliament on the results of the monitoring referred to in paragraph 1.

Article 6

Directive 70/156/EEC is amended as follows:

1.

In Annex I, points 9.[23] and 9.[23].1 are inserted:

“9.[23]

Pedestrian protection

9.[23].1

A  detailed  description,  including  photographs  and/or  drawings,  of  the
vehicle  with  respect  to  the  structure,  the  dimensions,  the  relevant
reference  lines  and  the  constituent  materials  of  the  frontal  part  of  the
vehicle (interior and exterior) shall be provided. This description should
include  detail  of  any  active  protection  system 
installed,  where
appropriate.”

8

2.

In Annex III, Section A, points 9.[23] and 9.[23].1 are inserted:

“9.[23]

Pedestrian protection

9.[23].1

A  detailed  description,  including  photographs  and/or  drawings,  of  the
vehicle  with  respect  to  the  structure,  the  dimensions,  the  relevant
reference  lines  and  the  constituent  materials  of  the  frontal  part  of  the
vehicle (interior and exterior) shall be provided. This description should
installed,  where
include  detail  of  any  active  protection  system 
appropriate.”

3.

In Annex IV, part I, an item [58], and footnotes, is inserted as follows:

Subject

Directive
number

Official journal
reference

Applicability

M1 M2 M3 N1

N2 N3 O1 O2 O3 O4

“[58]. Pedestrian
Protection

[…./…/EC]

L .., …, p. ..

X(6)

X(6, 7)

(6)

(7)

4.

not exceeding 2.5 tonnes total permissible mass.

derived from M1 category vehicles”.

In Annex XI, appendix 1 an item [58] is inserted, as follows:

Item

Subject

Directive
number

M1 (cid:1) 2 500
(1) kg

M1 (cid:2) 2 500
(1) kg

M2

M3

“[58] Pedestrian Protection […./…/EC]

X”

5.

In Annex XI, appendix 2 an item [58] is inserted as follows:

Item

Subject

Directive
number

“[58] Pedestrian Protection […./…/EC]”

M1 M2 M3

N1

N2

N3

O1

O2

O3

O4

6.

In Annex XI, appendix 3 an item [58] is inserted, as follows:

Item

Subject

Directive
number

“[58] Pedestrian Protection

[…../…/EC]”

M2 M3

N1

N2

N3

O1

O2

O3

O4

Article 7

1.

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions  necessary  to  comply  with  this  Directive  by  31  December  2003  at  the
latest. They shall forthwith inform the Commission thereof.

They shall apply those provisions with effect from 1 January 2004.

9

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 a reference is to be made.

2.

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

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

Article 8

Article 9

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

10

ANNEX I

TECHNICAL PROVISIONS

1.

SCOPE

The  Directive  applies  to  the  frontal  surfaces  of  vehicles.  For  the  purpose  of  this
Directive, vehicle means any motor vehicle as defined in Article 2 of and Annex II to
Directive 70/156/EEC of category M1 of a total permissible mass not exceeding 2,5
tonnes and to N1 vehicles derived from M1, of a total permissible mass not exceeding
2,5 tonnes.

2.

DEFINITIONS

for the purposes of this Directive:

2.1

2.2

2.3

2.4

2.5

2.6

‘A-pillar’ means the foremost and outermost roof support extending from the chassis
to the roof of the vehicle.

‘Bumper’  means  the  front,  lower,  outer  structure  of  a  vehicle.  It  includes  all
structures  that  are  intended  to  give  protection  to  a  vehicle  when  involved  in  a  low
speed  frontal  collision  with  another  vehicle  and  also  any  attachments  to  this
structure.

‘Bonnet Leading Edge’ means the front upper outer structure including the bonnet
and  wings,  the  upper  and  side  members  of  the  headlight  surround  and  any  other
attachments.

‘Bonnet  top’  means  the  outer  structure  that  includes  the  upper  surface  of  all  outer
structures  except  the  windscreen,  the  A-pillars  and  structures  rearwards  of  them.  It
therefore includes, but is not limited to, the bonnet, wings, scuttle, wiper spindle and
lower  windscreen  frame.  'Head  Performance  Criterion  (HPC)'  is  a  calculation,
over  a  specified  time  period,  of  the  maximum  resultant  acceleration  experienced
during the impact.

‘Windscreen’ means the frontal glazing of the vehicle which meets all the relevant
requirements of Annex I to EU Directive 77/649/EEC.

‘Vehicle Type’ means a category of vehicles which, forward of the A-pillars, do not
differ in such essential respects as:

– 

– 

– 

– 

the structure,

the main dimensions,

the materials of the outer surfaces of the vehicle,

the component arrangement (external or internal),

11

insofar  as  they  may  be  considered  to  have  a  negative  effect  on  the  results  of  the
impact tests prescribed in this Directive;

3.

3.1.

TEST PROVISIONS

The following tests are required to be carried out; however, the limit values specified
in items 3.1.3. and 3.1.4. are required for monitoring purposes only.

3.1.1.

Legform to Bumper:

One of the two following legform tests are required to be performed:

3.1.1.1 Lower legform to bumper: The test is performed at an impact speed of 40km/h. The
maximum  dynamic  knee  bending  angle  shall  not  exceed  21.0°,  the  maximum
dynamic  knee  shearing  displacement  shall  not  exceed  6.0mm,  and  the  acceleration
measured at the upper end of the tibia shall not exceed 200g

3.1.1.2 Upper legform to bumper: The test is performed at an impact speed of 40km/h. The
instantaneous sum of the impact forces with respect to time shall not exceed 7.5kN
and the bending moment on the test impactor shall not exceed 510Nm.

3.1.2. Child/Small  Adult  headform  to  bonnet  top:  The  test  is  performed  at  an  impact
speed of 35km/h using a 3.5kg test impactor. The Head Performance Criterion (HPC)
shall not exceed 1000 over 2/3 of the bonnet test area and 2000 for the remaining 1/3
of the bonnet test area.

3.1.3. Upper legform to bonnet leading edge: The test is performed at an impact speed up
to 40km/h. The instantaneous sum of the impact forces with respect to time should
not exceed a possible target of 5.0kN and the bending moment on the test impactor
shall be recorded and compared with the possible target of 300Nm.

3.1.4. Adult headform to windscreen: The test is performed at an impact speed of 35km/h
using  a  4.8kg  test  impactor.  The  Head  Performance  Criterion  (HPC)  shall  be
recorded and compared with the possible target of 1000.

3.2.

The following tests are required to be carried out.

3.2.1.

Legform to Bumper:

One of the two following legform tests are required to be performed:

3.2.1.1 Lower  legform  to  bumper:  The  test  is  performed  at  an  impact  speed  of  40km/h.
The  maximum  dynamic  knee  bending  angle  shall  not  exceed  15.0°,  the  maximum
dynamic  knee  shearing  displacement  shall  not  exceed  6.0mm,  and  the  acceleration
measured at the upper end of the tibia shall not exceed 150g.

3.2.1.2 Upper  legform  to  bumper:  The  test  is  performed  at  an  impact  speed  of  40 km/h.
The  instantaneous  sum  of  the  impact  forces  with  respect  to  time  shall  not  exceed
5.0kN and the bending moment on the test impactor shall not exceed 300Nm.

12

3.2.2. Child headform to bonnet top: The test is performed at an impact speed of 40km/h
using a 2.5kg test impactor. The Head Performance Criterion (HPC) shall not exceed
1000 for the whole of the bonnet test area.

3.2.3

3.2.4

Upper legform to bonnet leading edge: The test is performed at an impact speed up
to 40km/h. The instantaneous sum of the impact forces with respect to time shall not
exceed 5.0kN and the bending moment on the test impactor shall not exceed 300Nm.

Adult headform  to  bonnet  top:  The test performed  at  an  impact  speed  of  40km/h
using a 4.8kg test impactor. The Head Performance Criterion (HPC) shall not exceed
1000 for the whole bonnet test area.

13

ANNEX II

ADMINISTRATIVE PROVISIONS FOR TYPE-APPROVAL

APPLICATION FOR EC TYPE APPROVAL

The  application  for  EC  type-approval  pursuant  to  Article  3  (4)  of  Directive
70/156/EEC of a vehicle type with regard to pedestrian protection shall be submitted
by the manufacturer.

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

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

GRANTING OF EC TYPE-APPROVAL

If the tests referred to in Annex I are conducted in accordance to the specifications
provided  in  that  Annex  and  the  technical  prescriptions  referred  to  in  Article  3,  EC
type-approval  pursuant  to  Article  4(3)  and,  if  applicable,  4(4)  of  Directive
70/156/EEC shall be granted.

A model for the EC type-approval certificate is given in Appendix 2.

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

In case of doubt, account shall be taken, when verifying the compliance with the test
procedures, of any data or test results, provided by the  manufacturer, which can be
taken  into  consideration  in  validating  the  approval  test  carried  out  by  the  approval
authority.

MODIFICATION OF THE TYPE AND AMENDMENTS TO APPROVALS

Any modification of the vehicle affecting the general form of the frontal structure of
the vehicle which in the judgement of the authority would have a marked influence
on the results of the tests shall require a repetition of the test.

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.

CONFORMITY OF PRODUCTION

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.

1.

1.1

1.2

1.3

2.

2.1

2.2

2.3

2.4

3.

3.1

3.2

4.

4.1

Appendix 1 to Annex II

14

Information document No ............

pursuant to Annex I of Council Directive 70/156/EEC

relating to the EC type-approval of a vehicle with respect to

Pedestrian protection

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

0.1

0.2

0.3

GENERAL

Make (trade name of manufacturer):..........................................................................

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

Means of identification of type, if marked on the vehicle: ........................................

0.3.1

Location of that marking:...........................................................................................

0.4

0.5

0.8

1.

1.1

1.6

9.

9.1

9.2

Category of vehicle: ...................................................................................................

Name and address of manufacturer:...........................................................................

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

GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

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

Position and arrangement of the engine :...................................................................

BODYWORK

Type of bodywork :....................................................................................................

Materials used and methods of construction :............................................................

9.[23]

Pedestrian protection

A  detailed  description,  including  photographs  and/or  drawings,  of  the  vehicle  with
respect  to  the  structure,  the  dimensions,  the  relevant  reference  lines  and  the
constituent materials of the frontal part of the vehicle (interior and exterior) shall be
provided.  This  description  should  include  detail  of  any  active  protection  system
installed, where appropriate.

15

Appendix 2 to Annex II

MODEL

(maximum format : A4 (210 x 297 mm)

EC TYPE-APPROVAL CERTIFICATE

STAMP OF EC

Type Approval Authority

Communication concerning the

– 

– 

– 

– 

EC type-approval(1)

extension of EC type-approval(1)

refusal of EC type-approval(1)

withdrawal of EC type-approval(1)

of a type of vehicle/ with regard to Directive .../.../EC, as last amended by Directive
…/.../EC

Type-approval Number

Reason for extension

SECTION I

0.1

0.2

Make (trade name of manufacturer):..........................................................................

Type: ..........................................................................................................................

0.2.1. Commercial name(s) (if availavailable)……………………………………………..

0.3

Means of identification of type, if marked on the vehicle .........................................

0.3.1

Location of that marking:...........................................................................................

0.4

0.5

0.8

Category of vehicle: ...................................................................................................

Name and address of manufacturer:…………………………………………………

Names and address(es) of assembly plant(s): ............................................................

(1)

Delete where not applicable

16

                                                
SECTION II

1

2

3

4

5

6

7

8

9

1

1.1

1.2

1.3

1.4

Additional information (where applicable) (see Addendum)

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

Date of test report:......................................................................................................

Number of test report: ................................................................................................

Remarks (if any) (see Addendum)

Place: ..........................................................................................................................

Date: ...........................................................................................................................

Signature: ...................................................................................................................

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

_________

Addendum

to EC type-approval certificate no ............

concerning the type-approval of a vehicle with regard to

Directive …/…/EC.

Additional information

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

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

Drive : front-wheel : rear-wheel(1)

Mass of vehicle submitted for testing -

Front axle : .................................................................................................................

Rear axle : ..................................................................................................................

Total : .........................................................................................................................

1.5

Test results according to Section 3.1/3.2 of Annex I (delete as appropriate):

(1)

Delete where not applicable

17

                                                
Value recorded

Pass/Fail(2)

Bending angle

degrees

mm

G

kN

Nm

kN

Nm

____(3)

____(3)

1.5.1. Annex I Section 3.1 tests

Test

Lower legform to
Bumper

(where performed)

Shear displacement

Acceleration at tibia

Upper legform to bonnet
leading edge

Sum of impact forces

Upper legform to
bumper.

(where performed)

Child/Small Adult
headform (3.5 kg) to
bonnet top

Bending moment

Sum of impact forces

Bending moment

HPC values in Zone A
(at least 12 values)

HPC values in Zone B
(at least 6 values)

Adult headform (4.8 kg)
to windscreen

HPC values (at least 5
values)

____(3)

(2)

(3)

According  to  the  values  specified  in  Annex  I,  section  3.1.  of  Directive  [..]  EC  relating  to  pedestrian
protection.
For monitoring purposes only.

18

                                                
1.5.2. Annex I Section 3.2 tests

Test

Lower legform to
Bumper

(where performed)

Value recorded

Pass/Fail(4)

Bending angle

Degrees

Shear displacement

Acceleration at tibia

Upper legform to bonnet
leading edge

Sum of impact forces

Upper legform to
bumper

(where performed)

Bending moment

Sum of impact forces

Bending moment

Child headform (2.5 kg)
to bonnet top

HPC values (at least 9
values)

Adult headform (4.8 kg)
to bonnet top

HPC values (at least 9
values)

Mm

G

KN

Nm

KN

Nm

1.6

Remarks: (eg, valid for left-hand drive and right-hand drive vehicles)

…………………………………………………………………………………

(4)

According  to  the  values  specified  in  Annex  I,  section  3.2.  of  Directive  [..]  EC  relating  to  pedestrian
protection.

19

                                                
IMPACT ASSESSMENT FORM

THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE
TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

TITLE OF PROPOSAL

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  relating  to  the
protection  of  pedestrians  and  other  vulnerable  road  users  in  the  event  of  a  collision  with  a
motor vehicle and amending Directive 70/156/EEC

DOCUMENT REFERENCE NUMBER

ENTR/2002/1610

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

Road  accident  statistics  indicate  that  a  significant  proportion  of  casualties  involve
pedestrians and cyclists who are injured as a result of contact with a moving vehicle,
notably with the frontal structures of passenger cars. The purpose of this proposal is
to lay down requirements for the construction of motor vehicles in order to improve
the protection of pedestrians and mitigate the severity of injuries to pedestrians and
other vulnerable road users in the event of a collision.

Harmonised rules at Community level are necessary in this area to ensure the proper
functioning of the Internal Market. Since the proposed measures mainly concern the
construction  of  passenger  cars,  which  are  covered  by  European  Community
legislation  under  the  EC  type-approval  system,  the  proposed  measures  will  also
become part of this system.

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

The proposal, which concerns the design of the frontal structures of motor vehicles,
will primarily affect motor vehicle manufacturers producing vehicles in volume. At
present,  none  of  the  affected  operators  fall  under  the  category  of  small  or  medium
sized firm.

3.

What will business have to do to comply with the proposal?

In  order  to  comply  with  the  proposal,  vehicles  will  have  to  pass  a  number  of  tests
with regard to their frontal structures. In a first phase, starting in 2005, two tests will
be  required.  In  a  second  phase,  starting  in  2010,  four  tests  (based  on  the
recommendations  of  the  European  Enhanced  Vehicle  safety  Committee,  or  EEVC,

20

and commonly known  as the “EECV tests”) or  alternative measures having at least
equal protective effects (to be determined by July 2004) will be required.

4.

What economic effects is the proposal likely to have?

Although compliance with the proposed measures will involve a significant cost for
industry,  the  benefit  for  society  as  a  whole  will  be  substantial.  It  is  estimated  that
“pedestrian-friendly”  car  designs  could  avoid  up  to  2,000  pedestrian  and  cyclist
deaths  in  the  EU1.  In  addition,  collisions  with  cars  account  for  injuries  to  about
300,000 pedestrians each year.

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized firms (reduced or different requirements etc)?

The  proposal  does  not  provide  for  specific  measures  addressed  to  SMEs,  since  its
provisions primarily affect large operators.

CONSULTATION

6.

List the organisations which have been consulted about the proposal and outline their
main views.

In a Communication of December 2000, the Commission presented the possibility of
using  a  voluntary  industry  commitment  in  order  to  introduce  measures  to  improve
the  designs  of  vehicles  with  regard  to  pedestrian  protection.  This  question  and  the
possible  measures  were  discussed  at  a  hearing  organised  by  the  Commission  on  6
February 2001, at which all interested parties, including motor vehicle manufacturers
(European Automobile Manufacturers Association, Japan Automobile Manufacturers
Association  and  Korea  Automobile  Manufacturers  Association),  and  consumer
associations  (European  Transport  Safety  Council,  Bureau  Européen  des  Unions  de
Consommateurs) were represented.

As a result of this hearing, the Commission started negotiations with the European,
the  Japanese  and  the  Korean  manufacturers  associations,  in  order  to  agree  on  the
terms  of  a  voluntary  industry  commitment  in  the  area  of  pedestrian  protection.
Following  agreement on a  commitment  by  the European  industry,  in  July  2001  the
Commission adopted a Communication to the European Parliament and the Council,
in which it presented the contents of the industry commitment to the legislators, and
asked for their views.

Both  the  European  Parliament  and  the  Council  expressed  a  positive  opinion
regarding  the  substance  of  the  commitment.  However  the  Parliament  asked  the
Commission  to  propose  legislation  with  regard  to  the  elements  of  the  commitment
related to the design of the frontal structures of vehicles. This proposal reflects this
request.

1

According  to  the  “Study  on  Cost  and  Benefits  of  research  into  pedestrian  protection,  28  April  1998,
MIRA,  see  Communication  to  the  Commission  on  Pedestrian  Protection,  21  December  2000  -
SEC(2000)2283.

21

                                                
The present proposal corresponds, with regard to the substance, to the commitment
undertaken  by  the  European,  Japanese  and  Korean  Manufacturers  in  2001.  The
proposal also takes into account the position of consumer associations, who favoured
legislation rather than a  voluntary  commitment  in this  area,  and  who  had  asked for
the inclusion in the proposal of the “EEVC tests” as a requirement.

22