Proposal for a Directive of the European Parliament and of the Council relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC
Date: 2003-10-10
Institutions: European Commission
Subjects: EC conformity marking, marketing standard, motor vehicle, pedestrian, road safety, safety device

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.10.2003
COM(2003) 586 final

2003/0226 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to the use of frontal protection systems on motor vehicles and amending
Council Directive 70/156/EEC

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

SCOPE

Systems  providing  additional  frontal  protection  of  motor  vehicles  (“frontal  protection
systems”) have been increasingly used in recent years. Some of these systems constitute a risk
to the safety of pedestrians and other road users in the case of a collision with a motor vehicle.
This proposal aims to provide added protection to pedestrians and other vulnerable road users
in  the  event  of  a  collision  with  a  motor  vehicle  fitted  with  a  frontal  protection  system.  The
proposal  lays  down  requirements  that  must  be  complied  with  by  frontal  protection  systems
either as originally fitted to a vehicle or put on the market as separate technical units. As the
construction  of  motor  vehicles  is  covered  by  framework  Directive  70/156/EEC  establishing
the  EC  type-approval  system  for  vehicles,  components  and  separate  technical  units,  the
proposed requirements will also be part of that system.

2.

LEGAL BASIS

This  proposal  lays  down  harmonised  technical  requirements  for  the  type  approval  of  motor
vehicles  with  regard  to  any  frontal  protection  systems  that  might  be  fitted  as  original
equipment to a vehicle as well as for type approval of frontal protection systems distributed as
separate technical units, within the meaning of Directive 70/156/EEC. Harmonised rules are
necessary to avoid the adoption of different requirements among Member States and to ensure
the  proper  functioning  of  the  internal  market.  This  proposal  is  based  on  Article  95  of  the
Treaty establishing the European Community.

3.

CONTENTS

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  and  notably  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.

Although there is a clear case for the implementation of measures to separate pedestrians from
vehicular  traffic  and,  where  this  is  not  feasible,  to  reduce  the  speed  of  traffic,  there  is
nevertheless scope to mitigate the severity of injuries to pedestrians by improving the frontal
structures  of  vehicles.  Obviously,  above  certain  speeds  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,  particularly  those  which  are  fitted  with  frontal  protection
systems.

The  Commission  has  successfully  concluded  negotiations  with  the  European,  Japanese  and
Korean  automobile  industries,  concerning  a  commitment  by  the  industry  to  carry  out
measures to increase pedestrian protection. This commitment would constitute a decisive and
progressive contribution to the achievement of the Community’s priorities on EU road safety
and  includes  a  commitment  not  to  install  so  called  “rigid  bull  bars”  as  frontal  protection

2

systems on new vehicles from 2002. In its Communication of 11 July 20011 the Commission
stated  that  the  commitment  by  the  European  Cars  Manufacturers  Association  (ACEA)
corresponded  to  the  mandate  given  by  the  Commission  in  the  Communication  of
21 December  20002.  Corresponding  commitments  to  the  commitment  undertaken  by  ACEA
have been made by JAMA and KAMA on behalf of the Japanese and Korean manufacturers.

However,  before  taking  a  decision  on  whether  to  accept  the  Commitment,  the  Commission
decided  to  consult  the  European  Parliament  and  the  Council  about  the  content  of  the
Commitment  and  the  Commission’s  assessment,  and  give  them  the  opportunity  to  express
their views. The Council, in its Communication of 26 November 20013, stated the view that
the  use  of  rigid  bull  bars  should  be  banned  for  all  M1  and  N1  type  vehicles  and  that  the
Commission  should  propose  a  means  to  do  so.  The  Parliament,  in  its  report  of  June  20024,
invited the Commission to propose legislation banning rigid bull bars supplied as after market
equipment.

Consequently, this proposal lays down requirements to be complied with by frontal protection
systems either as originally fitted to a vehicle or put on the market as separate technical units.
In parallel, the Commission has presented a proposal for a Directive relating to the protection
of pedestrians and other vulnerable users in the event of a collision with a motor vehicle. The
proposal  for  a  Directive  on  pedestrian  protection5,  which  has  been  adopted  by  the
Commission on 19 February 2003, is currently being examined in co-decision.

Clearly  the  maximum  benefit  from  making  vehicles  pedestrian  friendly  would  occur  if  all
types of vehicle comply with these requirements but it is recognised that their application to
heavier  vehicles  (trucks  and  buses)  would  be  of  limited  value  and  may  not  be  technically
appropriate.  For  this  reason  the  scope  of  this  Directive  has  been  limited  to  vehicles  of
categories  M1  and  N1  up  to  3.5  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.

The prescribed requirements for frontal protection systems are laid down in the form of tests,
which  are  described  in  Section  4  of  Annex  I  to  this  proposal.  It  is  proposed  that  as  of
1 July 2005, Member States could no longer grant EC type-approval for a type of vehicle on
grounds relating to the fitting of frontal protection systems, or for a type of frontal protection
system as separate technical unit, if the requirements of the Annexes of this Directive are not
fulfilled.  As  of  1  January  2006  all  new  vehicles  which  are  fitted  with  frontal  protection

1

2

3

4

5

COM(2001) 389 final.
Communication to the Commission on pedestrian protection of 21 December 2000, SEC(2000) 2283.
Conclusions of the Internal Market Council of 26.11.2001.
Resolution of 13.6.2002.
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, COM(2003) 67 final.

3

                                                
systems and all new frontal protection systems put on the market will have to comply with the
proposed requirements.

The proposed requirements will be tested according to detailed technical prescriptions which
will  be  set  out  by  the  Commission  in  accordance  with  Article  13  of  Directive  70/156/EEC.
With  this approach,  the Directive will  not  have  to  be  encumbered  with  elaborated  technical
details.

4

2003/0226 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

relating to the use of frontal protection systems on motor vehicles and amending
Council 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 Commission6,

Having regard to the Opinion of the European Economic and Social Committee7,

Acting in accordance with the procedure laid down in Article 251 of the Treaty8,

Whereas:

(1)

(2)

Systems  providing  additional  frontal  protection  for  motor  vehicles  have  been
increasingly used in recent years. Some of these systems constitute a risk to the safety
of pedestrians and other road users in the event of a collision. Measures are therefore
required in order to safeguard the public against such risks.

Frontal protection systems can be provided as original equipment fitted to a vehicle or
marketed as separate technical units. The technical requirements for the type approval
of motor vehicles with regard to any frontal protection systems that might be fitted to a
vehicle  should  be  harmonised  in  order  to  prevent  the  adoption  of  requirements  that
vary  from  one  Member  State  to  another  and  to  ensure  the  proper  functioning  of  the
internal  market.  For  the  same  reasons,  it  is  necessary  to  harmonise  the  technical
requirements for the type approval of frontal protection systems as separate technical
units within the meaning of Council 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 trailers9.

(3)

It  is  necessary  to  establish  the  test,  construction  and  installation  requirements  to  be
complied with by any frontal protection system either supplied as original equipment
fitted to a vehicle or placed on the market as a separate technical unit.

6

7

8

9

OJ L …
OJ L …
OJ L …
OJ  L  42,  23.2.1970,  p.  1,  as  last  amended  by  Regulation  (EC)  No  807/2003  (OJ  L  122,  16.5.2003,
p. 36).

5

                                                
(4)

(5)

(6)

The measures necessary for the implementation of this Directive and for its adaptation
in  accordance  with
technical  progress  should  be  adopted 
to  scientific  and 
Council Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the
exercise of implementing powers conferred on the Commission10.

This  Directive  is  one  of  the  separate  Directives  within  the  framework  of  the  EC
type-approval procedure established by Directive 70/156/EEC.

Since  the  objectives  of  the  action  to  be  taken,  namely  to  promote  the  safety  of
pedestrians  and  other  vulnerable  road  users,  cannot  be  sufficiently  achieved  by  the
Member States acting alone and can therefore, by reason of the scale and effects of the
action, be better achieved at Community level, the Community may adopt measures in
accordance  with  the  principle of subsidiarity as set  out in Article  5 of  the  Treaty.  In
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this
Directive does not go beyond what is necessary in order to achieve those objectives.

(7)

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This  Directive  lays  down  technical  requirements  for  the  type-approval  of  motor  vehicles  as
regards  frontal  protection  systems  supplied  as  original  equipment  fitted  to  vehicles  or  as
separate technical units.

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

(1)

(2)

“vehicle”  means  any  motor  vehicle  of  class  M1  as  defined  in  Article  2  of
Directive 70/156/EEC  and  in  Annex  II  thereto,  of  a  total  permissible  mass  not
exceeding  3.5  tonnes  and  any  motor  vehicle  of  class  N1  as  defined  in  Article  2  of
Directive 70/156/EEC and in Annex II thereto;

“separate 
Directive 70/156/EEC and intended for installation and use on vehicles.

technical  unit”  means  any  device  as  defined 

in  Article  2  of

10

OJ L 184, 17.7.1999, p. 23.

6

                                                
1.

2.

3.

4.

5.

1.

Article 3

Type-approval provisions

With  effect from  1  October  2004,  in  respect  of  a  new  type  of  vehicle  fitted  with  a
frontal  protection  system  which  complies  with  the  requirements  laid  down  in
Annex I  and  Annex  II,  Member  States  may  not,  on  grounds  relating  to  frontal
protection systems:

(a)

refuse to grant EC type-approval or national type-approval;

(b)

prohibit registration, sale or entry into service.

With  effect  from  1  October  2004,  in  respect  of  a  new  type  of  frontal  protection
system,  which  is  made  available  as  a  separate  technical  unit,  and  which  complies
with the requirements laid down in Annex I and Annex II, Member States may not:

(a)

refuse to grant EC type-approval or national type-approval;

(b)

prohibit sale or entry into service.

With  effect  from  1  July  2005,  in  respect  of  a  type  of  vehicle  fitted  with  a  frontal
protection  system,  or  a  type  of  frontal  protection  system  supplied  as  a  separate
technical unit,  which does not  comply with the requirements laid down in  Annex  I
and  Annex  II,  Member  States  shall  refuse  to  grant  EC  type-approval  or  national
type-approval.

With  effect from 1 January 2006,  in  respect of  vehicles  which  do  not  comply  with
the requirements laid down in Annex I and Annex II to this Directive, Member States
shall, on grounds relating to frontal protection systems:

(a)

(b)

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;

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

With effect from 1 January 2006,  the requirements under Annex  I and Annex  II of
this  Directive,  in  relation  to  frontal  protection  systems  made  available  as  separate
technical units, shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.

Article 4

Implementation measures and amendments

Detailed  technical  requirements  for  the  test  provisions  laid  down  in  section  3  of
Annex  I  to  this  Directive  shall  be  adopted  by  the  Commission,  assisted  by  the
Committee established by Article 13(1) of Directive 70/156/EEC, in accordance with
the procedure referred to in Article 13(3) of that Directive.

7

2.

Amendments  necessary  for  adapting  this  Directive  shall  be  adopted  by  the
Commission, in accordance with Article 13 of Directive 70/156/EEC.

Article 5

Amendments to Directive 70/156/EEC

Annexes I, III, IV and XI to Directive 70/156/EEC are amended in accordance with Annex III
to this Directive.

Article 6

Transposition

1.

Member  States  shall  adopt  and  publish,  by  30  June  2004  at  the  latest,  the  laws,
regulations  and  administrative  provisions  necessary  to  comply  with  this  Directive.
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions
and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 July 2004.

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

Article 7

Entry into force

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

Article 8

Addressees

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]

8

ANNEXES

LIST OF ANNEXES

Annex I

Technical provisions

Annex II

Administrative provisions:

Appendix 1:

Information document (vehicle)

Appendix 2:

Information document (separate technical unit)

Appendix 3: Type-approval certificate (vehicle)

Appendix 4: Type-approval certificate (separate technical unit)

Appendix 5: Example of EC Type-approval Mark

Annex III

Amendments to Directive 70/156/EEC

9

ANNEX I

TECHNICAL PROVISIONS

1.

DEFINITIONS

For the purposes of this Directive the following definitions shall apply.

1.1.

‘Vehicle  type’  means  a  category  of  motor  vehicle  which,  forward  of  the  A-pillars,
does 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),

the method of fixing a frontal protection system,

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

For  purposes  of  consideration  of  frontal  protection  systems  to  be  approved  as
separate  technical  units,  any  reference  to  vehicle  may  be  interpreted  to  refer  to  the
frame on which the system is mounted for testing and which is intended to represent
the front end outer dimensions of the particular vehicle for which the system is being
approved.

‘Normal ride attitude’ is the attitude of the vehicle as positioned on the ground in
running order (as defined in Item 2.6 of Annex 1 to Directive 70/156/EEC), the tyres
inflated  to  the  recommended  pressures,  the  front  wheels  in  the  straight-ahead
position and with a 75 kg mass placed on the front passenger seat. If the vehicle has
an active suspension or a device for height adjustment, then the suspension should be
set at the height recommended by the manufacturer for normal road use.

‘External  surface’  means  the  outside  of  the  vehicle,  forward  of  the  A-pillars,
including  the  bonnet,  the  wings,  the  lighting  and  light-signalling  devices  and  the
visible strengthening components.

‘Radius of curvature’ means the radius of the arc of a circle which comes closest to
the rounded form of the component under consideration.

‘Extreme outer  edge’ of the  vehicle  means, in relation to the  sides  of  the  vehicle,
the plane parallel to the median longitudinal plane of the vehicle coinciding with its
outer  lateral  edge,  and,  in  relation  to  the  front  and  rear  ends,  the  perpendicular
transverse plane of the vehicle coinciding with its outer front and rear edges, account
not being taken of the projection:

– 

of  tyres  near  their  point  of  contact  with  the  ground,  and  connections  for  tyre
pressure gauges,

1.2.

1.3.

1.4.

1.5.

10

– 

– 

– 

– 

of any anti-skid devices which may be mounted on the wheels,

of rear-view mirrors,

of  side  direction  indicator  lamps,  end  outline  marker  lamps,  front  and  rear
position (side) lamps and parking lamps,

in  relation  to  the  front  and  rear  ends,  of  parts  mounted  on  the  bumpers,  of
towing devices and of exhaust pipes.

‘Bumper’ is a part of the vehicle at the front or rear intended to protect the vehicle
from damage in the event of a low speed collision. Any item protruding by more than
50mm  forward  of  the  front  bumper  shall  be  deemed  to  form  part  of  a  frontal
Protection System.

‘Frontal protection system’ means a separate structure or structures, such as a bull
bar,  which  may  be  fitted  to  the  front  of  the  vehicle  and  is  intended  to  protect  the
external  surface,  above  and/or  below  the  bumper,  from  damage  in  the  event  of  a
collision  with  an  object.  Structures,  with  a  maximum  mass  of  less  than  0.5 kg,
intended to protect only the lights, are excluded from this definition.

‘Integral frontal protection system’ means a structure or structures which may be
considered  to  be  part  of  the  bumper  or  other  part  of  the  front  of  the  vehicle  and
intended to provide additional protection to the external surface, above and/or below
the  bumper,  in  the  event  of  a  collision  with  an  object.  Such  a  structure  may  be
considered  to  be  an  integral  part  of  the  vehicle  front-end  construction  and  removal
would normally create discontinuities in the frontal surface of the vehicle.

‘The Upper Frontal Protection System “Bumper” Reference Line’ identifies the
upper  limit  to  significant  points  of  pedestrian  contact  with  the  bumper  area  of  the
frontal  protection  system  or  the  vehicle.  It  is  defined  as  the  geometric  trace  of  the
uppermost  points  of  contact  between  a  straight  edge  700  mm  long  and  the  frontal
protection  system  or  the  vehicle  front  (whichever  is  contacted),  when  the  straight
edge,  held  parallel  to  the  vertical  longitudinal  plane  of  the  vehicle  and  inclined
rearwards  by  20°,  is  traversed  across  the  front  of  the  vehicle,  while  maintaining
contact  with  the  ground  and  with  the  surface  of  the  frontal  protection  system  or
vehicle.

1.6.

1.7.

1.8.

1.9.

1.10.

‘The Lower Frontal Protection System “Bumper” Reference Line’ identifies the
lower  limit  to  significant  points  of  pedestrian  contact  with  the  bumper  area  of  the
frontal  protection  system  or  the  vehicle.  It  is  defined  as  the  geometric  trace  of  the
lowermost  points  of  contact  between  a  straight  edge  700  mm  long  and  the  frontal
protection  system,  when  the  straight  edge,  held  parallel  to  the  vertical  longitudinal
plane of the vehicle and inclined forwards by 25°, is traversed across the front of the
vehicle, while maintaining contact with the ground and with the surface of the frontal
protection system or the vehicle.

1.11.

‘The Upper Frontal Protection System “Bumper” Height’ is the vertical distance
between  the  ground  and  the  Upper  Frontal  Protection  System  “Bumper”  Reference
Line, defined in paragraph 1.9 with the vehicle positioned in its normal ride attitude.

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1.12.

‘The Lower Frontal Protection System “Bumper” Height’ is the vertical distance
between the  ground  and the  Lower  Frontal  Protection System “Bumper” Reference
Line,  defined  in  paragraph  1.10  with  the  vehicle  positioned  in  its  normal  ride
attitude.

1.13.

‘Head performance criterion (HPC)’ shall be calculated using the expression:

HPC

(cid:8)

(cid:1)
t

2

(cid:7)

t

1

(cid:6)
(cid:2)
(cid:4)
(cid:5)

1
(cid:7)

t

1

t

2

adt

5.2

(cid:3)
(cid:1)
(cid:2)

t

2

(cid:1)

t

1

where ‘a’ is the resultant acceleration at the centre of gravity of the head (m/s2) as a
multiple  of  ‘g’,  recorded  versus  time  and  filtered  at  a  channel  frequency  class
1000Hz; t1 and t2 are  two times defining the  beginning  and  the  end  of  the  relevant
recording period for which the value of HPC is a maximum between the first and last
instants of contact. Values of HPC for which the time interval (t1 - t2) is greater than
15 ms are ignored for the purposes of calculating the maximum value.

2.

CONSTRUCTION AND INSTALLATION PROVISIONS

2.1.

Frontal protection systems

2.1.1.

2.1.2.

2.1.3.

2.1.4.

The following  apply equally to frontal protection systems as supplied fitted to  new
vehicles, to frontal protection systems supplied as separate technical units for fitting
to specified vehicles and to frontal protection systems which are an integral  part of
the vehicle front end construction.

The  components of the  frontal  protection  system  shall  be  so  designed  that  all  rigid
surfaces facing outwards have a minimum radius of curvature of 5 mm.

The  total  mass  of  the  frontal  protection  system,  including  all  brackets  and  fixings,
shall not exceed 1.2% of the mass of the vehicle for which it is designed, subject to a
maximum of 18 kg.

The height of the frontal protection system, when fitted to a vehicle, shall be no more
than 100 mm above a plane defined by a horizontal line joining the highest parts of
the head light lenses.

The frontal protection system shall not increase the width of the vehicle to which it is
fitted. If the overall width of the frontal protection system is more than 75% of the
width of the vehicle, the ends of the system shall be turned in towards  the  external
surface in order to minimise the risk of fouling. This requirement is considered to be
satisfied  if  either  the  frontal  protection  system  is  recessed  or  integrated  within  the
bodywork  (an  integral  system)  or  the  end  of  the  system  is  turned  so  that  it  is  not
contactable by a 100 mm sphere and the gap between the end of the system and the
surrounding bodywork does not exceed 20 mm.

2.1.5.

Subject  to  Item  2.1.4,  the  gap  between  the  components  of  the  frontal  protection
system  and  the  underlying  external  surface  shall  not  exceed  80 mm.  Local
discontinuities  in  the  general  contour  of  the  underlying  body  (such  as  apertures  in
grilles, air intakes, etc.) shall be ignored.

12

2.1.6. At any lateral position across the vehicle, the longitudinal distance between the most
forward part of the bumper and the most forward part of the frontal protection system
shall  not  exceed  50 mm  unless  the  material  used  for  those  parts  which  are  more
forward than this have a compressive strength less than 0.35 MPa.

2.1.7.

2.1.8.

The frontal protection  system shall  not reduce significantly the  effectiveness  of  the
bumper. This requirement shall be considered to be satisfied if there are no more than
two  vertical  components  and  no  horizontal  components  of  the  frontal  protection
system overlapping the bumper.

The  frontal  protection  system  shall  not  be inclined forward of  the vertical.  The  top
parts of the frontal protection system shall not extend upwards or rearwards (towards
the windscreen) more than 50 mm from the bonnet leading edge reference line of the
vehicle, as determined with the frontal protection system removed.

2.1.9.

The  requirements  of  Directive  76/756/EEC,  as  regards  vehicle  lighting  and  light
signalling, shall not be compromised by the fitting of the frontal protection systems.

2.2.

Frontal protection systems as separate technical units may not be distributed, offered
for  sale  or  sold  unless  accompanied  by  clear  assembly  instructions.  The  assembly
instructions shall contain clear and complete information to identify the vehicles for
which  the  unit  has  been  approved  and  to  enable  the  approved  components  to  be
mounted  on  that  vehicle  in  a  manner  that  complies  with  the  relevant  provisions  of
paragraph  2.1.  The  instructions  shall  also  contain  details  of  torque  settings  to  be
applied for all fixings.

3.

TEST PROVISIONS

3.1.

The following tests are required to be carried out.

3.1.1. Lower Legform to Frontal Protection System “Bumper”. This test is carried out
at an impact speed of 40 km/h.The maximum dynamic knee bending angle shall not
exceed  15.0°,  the  maximum  dynamic  knee  shearing  displacement  shall  not  exceed
6.0 mm, and the acceleration measured at the upper end of the tibia shall not exceed
150  g.  This  test  may  be  substituted  by  the  Upper  Legform  to  Frontal  Protection
System “Bumper” test under specified conditions.

3.1.2. Upper Legform to Frontal Protection System “Bumper”. This test is carried out
at  an  impact  speed  of  40 km/h.  The  instantaneous  sum  of  the  impact  forces  with
respect to time, to the top and the  bottom  of  the  impactor,  shall  not  exceed  5.0 kN
and the bending moment on the impactor shall not exceed 300 Nm.

The Upper Legform to Frontal Protection System “Bumper” test shall be carried out
if the Frontal Protection System Lower “Bumper” Height at the test position is more
than 500 mm.

3.1.3. Upper Legform to Frontal Protection System. This test is carried out at an impact
speed of up  to  40 km/h.The  instantaneous  sum  of the impact forces with respect to
time,  to  the  top  and  the  bottom  of  the  impactor,  shall  not  exceed  5.0 kN  and  the
bending moment on the impactor shall not exceed 300 Nm.

13

3.1.4. Child  and/or  Adult  headform  to  Frontal  Protection  System.  These  tests  are
carried  out  at  speeds  of  40km/h.The  Headform  Performance  Criterion  (HPC),
calculated from the resultant of the accelerometer time histories, in accordance with
paragraph 1.13, shall not exceed 1000 in all cases.

14

ANNEX II

1.

1.1.

ADMINISTRATIVE PROVISIONS FOR TYPE-APPROVAL

APPLICATION FOR EC TYPE-APPROVAL

Application for EC type-approval  of  a vehicle type in  respect of it being fitted
with a frontal protection system

1.1.1. A  model  of  the  information  document  required,  pursuant  to  Article  3(1)  of

Directive 70/156/EEC, is given in Appendix 1.

1.1.2. A  vehicle  representative  of  the  type  of  vehicle,  fitted  with  a  frontal  protection
system, for which the approval is required, shall be submitted to the technical service
responsible  for  type-approval.  At  the  request  of  the  technical  service,  specific
components or samples of materials used shall likewise be submitted.

1.2.

Application  for  EC  type-approval  in  respect  of  frontal  protection  systems
considered to be separate technical units

1.2.1. A  model  of  the  information  document  required,  pursuant  to  Article  3(4)  of

Directive 70/156/EEC, is given in Appendix 2.

1.2.2. One  sample  of  the  type  of  frontal  protection  system  to  be  approved  shall  be
submitted to the technical service responsible for the type-approval tests. Should the
service  consider  it  necessary,  it  may  request  further  samples.  The  samples  shall  be
clearly  and  indelibly  marked  with  the  applicant's  trade  name  or  mark  and  the  type
designation.  Provision  shall  be  made  for  the  subsequent  compulsory  display  of  the
EC type-approval mark.

2.

2.1.

3.

3.1.

GRANTING OF EC TYPE-APPROVAL

Models  of  the  EC  type-approval  certificates,  pursuant  to  Article  4(3)  and,  if
applicable, 4(4) of Directive 70/156/EEC, are provided in:

– 

– 

Appendix 3 for applications referred to in Item 1.1,

Appendix 4 for applications referred to in Item 1.2.

EC TYPE-APPROVAL MARK

Every  frontal  protection  system  conforming  to  the  type  approved  pursuant  to  this
Directive shall bear an EC type-approval mark.

3.2.

This mark shall consist of:

3.2.1. A  rectangle  surrounding  the  letter  “e”  followed  by  the  distinguishing  number  or

letters of the Member State which has granted type-approval:

1
2
3

for Germany
for France
for Italy

15

for the Netherlands
4
for Sweden
5
for Belgium
6
for Spain
9
for United Kingdom
11
for Austria
12
for Luxembourg
13
for Finland
17
for Denmark
18
for Portugal
21
23
for Greece
IRL for Ireland.

3.2.2.

In the vicinity of the rectangle the “base approval number” contained in section 4 of
the  type-approval  number  referred  to  in  Annex  VII  of  Directive 70/156/EEC,
preceded  by  the  two  figures  indicating  the  sequence  number  assigned  to  the  most
recent  major  technical  amendment  to  this  Directive  on  the  date  EC  type-approval
was granted. In this Directive the sequence number is 01.

3.3.

The EC type-approval mark shall be affixed to the frontal protection system in such a
way  as  to  be  indelible  and  clearly  legible  even  when  the  system  is  fitted  to  the
vehicle.

3.4.

An example of the EC type-approval mark is given in Appendix 5.

16

Appendix 1 to ANNEX II

INFORMATION DOCUMENT No. […]

PURSUANT TO ANNEX I OF COUNCIL DIRECTIVE 70/156/EEC RELATING TO
EC TYPE-APPROVAL OF A VEHICLE WITH RESPECT TO THE PROVISION OF
FRONTAL PROTECTION SYSTEMS

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 folder of A4 format. Photographs, if any, must show sufficient detail.

If  the  systems,  components  or  separate  technical  units  make  use  of  specialist  materials,
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

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:

MASSES AND DIMENSIONS (in kg and mm)

(Refer to drawings where applicable)

2.8

Technically permissible maximum laden mass stated by the manufacturer

(max. and min.):

2.8.1. Distribution of this mass among the axles (max. and min.):

9.

BODYWORK

9.1.

Type of bodywork:

9.[11]. Frontal Protection System

9.[11].1. General  arrangement  (drawings  or  photographs)  indicating  the  position  and

attachment of the frontal protection systems:

17

9.[11].2. Drawings  and/or  photographs,  where  relevant,  of  air  intake  grilles,  radiator  grille,
decorative trim, badges, emblems and recesses and any other external projections and
parts  of  the  exterior  surface  which  can  be  regarded  as  critical  (e.g.  lighting
equipment,).  If  the  parts  listed  in  the  previous  sentence  are  not  critical,  for
documentation  purposes  they  may  be  replaced  by  photographs,  accompanied  if
necessary by dimensional details and/or text:

9.[11].3. Complete  details  of  fittings  required  and  full  instructions,  including  torque

requirements, for fitting:

9.[11].4. Drawing of bumpers:

9.[11].5 Drawing of the floor line at the vehicle front end:

Date:

18

Appendix 2 to ANNEX II

INFORMATION DOCUMENT No. […]

RELATING TO EC TYPE-APPROVAL OF FRONTAL PROTECTION SYSTEMS AS
SEPARATE TECHNICAL UNIT ([2003/…/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 folder of A4 format. Photographs, if any, must show sufficient detail.

If  the  systems,  components  or  separate  technical  units  make  use  of  specialist  materials,
information concerning their performance must be supplied.

0.

0.1

0.2

0.5

GENERAL

Make (trade name of manufacturer):

Type and general commercial description(s):

Name and address of manufacturer:

0.7.

Location and method of affixing of the EC type-approval mark:

1.

1.1

1.2.

1.3.

1.4

DESCRIPTION OF THE DEVICE

Detailed technical description (including photographs or drawings):

Assembly and mounting instructions, including required torques:

Listing of vehicle types to which it may be fitted.

Any restrictions of use and conditions for fitting:

19

Appendix 3 to ANNEX II

(MODEL)

(maximum format: A4 (210 x 297 mm))

EC TYPE-APPROVAL CERTIFICATE

STAMP OF

ADMINISTRATION

Communication concerning the

– 

– 

– 

– 

type-approval

extension of type-approval

refusal of type-approval

withdrawal of type-approval

of a type of a vehicle with frontal protection system fitted with regard to Directive .../.../EC.

Type-approval number:

Reason for extension:

SECTION I

0.1

0.2

0.3

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

0.7

Category of vehicle:

Name and address of manufacturer:

In the case of the frontal protection system, the location and method of the affixing
of the EC approval mark:

0.8

Address(es) of assembly plant(s):

SECTION II

1.

2.

Additional information (where applicable): See Addendum

Technical service responsible for carrying out the tests:

20

3.

4.

5.

6.

7.

8.

9.

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.

21

Addendum

to EC type-approval certificate No […]

concerning the type approval of a vehicle with regard to the fitting of a frontal
protection system.

1.

2.

3.

Additional information, if any:

Remarks:

Annex I Section 4 test results

Values recorded

Pass/Fail*

Test

Lower legform to
Frontal Protection
System “Bumper”
- 3 test positions
where performed)

Upper legform to
Frontal Protection
System “Bumper”
- 3 test positions
(where performed)

Upper legform to
Frontal Protection
System
- 3 test positions

Bending angle

Shear displacement

Acceleration at tibia

Sum of impact forces

Bending moment

Sum of impact forces

Bending moment

Child headform (2.5 kg)
to Frontal Protection
System

HPC values

(at least 3 values)

Adult headform (4.8 kg)
to Frontal Protection
System

HPC values

(at least 3 values)

……
…… Degrees
……
……
…… mm
……
……
…… g
……
……
…… kN
……
……
…… Nm
……

……
…… kN
……
……
…… Nm
……
……
……
……

……
……
……

*

According  to  the  values  specified  in  Annex  I,  section  4  of  Directive  .../.../EC  relating  to  the  use  of
frontal protection systems on motor vehicles.

22

                                                
Appendix 4 to ANNEX II

(MODEL)

(maximum format: A4 (210 x 297 mm))

EC TYPE-APPROVAL CERTIFICATE

STAMP OF

ADMINISTRATION

Communication concerning the

– 

– 

– 

– 

type-approval

extension of type-approval

refusal of type-approval

withdrawal of type-approval

of  a  type  of  frontal  protection  system  as  a  separate  technical  unit(1)  with  regard  to
Directive [2003/.../EC].

Type-approval number:

Reason for extension:

SECTION I

0.1

0.2

0.3

Make (trade name of manufacturer):

Type and general commercial description(s):

Means of identification of type if marked on the frontal protection system:

0.3.1

Location of that marking:

0.5

0.7

Name and address of manufacturer:

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

SECTION II

1.

2.

3.

4.

Additional information (where applicable): See Addendum

Technical service responsible for carrying out the tests:

Date of test report:

Number of test report:

23

5.

6.

7.

8.

9.

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.

24

Addendum

to EC type-approval certificate No […]

concerning the type approval of a frontal protection system with regard to
Directive [2003/../EC]

1.

1.1.

1.2.

1.5.

5.

6.

Additional information:

Method of attachment:

Assembly and mounting instructions:

Any restrictions of use and conditions for fitting:

Remarks:

Annex I Section 4 test results

Values recorded

Pass/Fail*

Test

Lower legform to
Frontal Protection
System “Bumper”
- 3 test positions
(where performed)

Upper legform to
Frontal Protection
System “Bumper”
- 3 test positions
(where performed)

Upper legform to
Frontal Protection
System
- 3 test positions

Bending angle

Shear displacement

Acceleration at tibia

Sum of impact forces

Bending moment

Sum of impact forces

Bending moment

Child headform (2.5 kg)
to Frontal Protection
System

HPC values

(at least 3 values)

Adult headform (4.8 kg)
to Frontal Protection
System

HPC values

(at least 3 values)

……
…… Degrees
……
……
…… mm
……
……
…… g
……
……
…… kN
……
……
…… Nm
……
……
…… kN
……
……
…… Nm
……
……
……
……

……
……
……

*

According  to  the  values  specified  in  Annex  I,  section  4  of  Directive  .../.../EC  relating  to  the  use  of
frontal protection systems on motor vehicles.

25

                                                
Appendix 5 to ANNEX II

Example of the EC Type-Approval Mark

a
3

2a
3

a

011471 a

3

(a > 12mm)

The device bearing the EC type-approval mark shown above is for a frontal protection system
type-approved  in  Germany  (e1)  pursuant  to  this  Directive  (01)  under  the  base  approval
number 1471.

26

ANNEX III

AMENDMENTS TO DIRECTIVE 70/156/EEC

The Annexes to Directive 70/156/EEC are amended as follows:

1.

In Annex I the following points are inserted:

‘9.[24]

Frontal protection systems

9.[24].1

9.[24].2

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  protection
system and the frontal part of the vehicle shall be provided.

A  detailed  description,  including  photographs  and/or  drawings,  of  the
method  of  fitting  the  frontal  protection  system  to  the  vehicle  shall  be
provided. This description shall include all bolt dimensions and required
torques.’

2.

In Annex III, Part I, Section A, the following points are inserted:

‘9.[24]

9.[24].1

9.[24].2

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  protection
system and the frontal part of the vehicle shall be provided.

A  detailed  description,  including  photographs  and/or  drawings,  of  the
method  of  fitting  the  frontal  protection  system  to  the  vehicle  shall  be
provided. This description shall include all bolt dimensions and required
torques.’

3.

In Annex IV, Part I, the following item is added:

Subject

Directive
number

Official journal
reference

Applicability

M1 M2 M3 N1

N2 N3 O1 O2 O3 O4

“[60]. Frontal

[…./…/EC]

L .., …, p. ..

X(*)

-

-

X(*)

-

-

protection
system

___________________________________________

*

not exceeding 3.5 tonnes total permissible mass.”

27

4.

(a)

Annex XI is amended as follows:

In Appendix 1, the following item is added:

Item

Subject

Directive
number

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

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

“[60] Frontal 
system

protection

[…/…/EC]

X

X(*)

M2

-

M3

-

___________________________________________

*

(b)

not exceeding 3.5 tonnes total permissible mass.”

In Appendix 2, the following item is added:

Item

Subject

Directive
number

M1 M2 M3

N1

N2

N3

O1

O2

O3

O4

“[60] Frontal 
system

protection

[…/…/EC]

-

-

-

-

-

-

-

-

-

-”

(c)

In Appendix 3, the following item] is added:

Item

Subject

Directive
number

M2 M3

N1

N2

N3

O1

O2

O3

O4

“[60] Frontal 
system

protection

[.../…/EC]

-

-

-

-

-

-

-

-

-”

28

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  use  of  frontal  protection  systems  on  motor  vehicles  and  amending
Directive 70/156/EEC

DOCUMENT REFERENCE NUMBER

ENTR/2003/…

THE PROPOSAL

Why is Community legislation necessary in this area and what are the main aims 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.  In  addition there is  a  growing
trend  to  install  frontal  protection  systems,  on  the  fronts  of  vehicles,  which  were
intended for other specific purposes and which have the potential to cause injury to
pedestrians  and  vulnerable  road  users.  The  purpose  of  this  proposal  is  to  lay  down
requirements for the construction and installation methods of these frontal protection
systems 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 with
a vehicle fitted with a system.

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 these systems for use installed on 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

Who will be affected by the proposal?

The proposal, which concerns the design of the  frontal protection  systems intended
as  original  equipment  with  a  vehicle  and  as  an  after  market  item  for  fitting  to  the
fronts  of  motor  vehicles,  will  primarily  affect  manufacturers  producing  these
systems. At present, some of the affected operators could fall under the category of
small or medium sized firms.

29

What is required to be done to comply with the proposal?

In order to comply with the proposal, frontal protection systems will have to pass a
number  of  tests  with  regard  to  aggressiveness  towards  pedestrians  and  vulnerable
road  users.  The  requirements,  starting  in  2005,  consist  of  four  tests  (based  on  the
recommendations  of  the  European  Enhanced  Vehicle  safety  Committee,  or  EEVC)
which  will  be  required  to  be  carried  out  on  these  systems  in  order  for  them  to  be
acceptable for use.

What economic effects is the proposal likely to have?

It  is  estimated  that  “pedestrian-friendly”  car  designs  could  avoid  up  to  2 000
pedestrian and cyclist deaths in the EU and, on the basis that some of these fatalities
are  caused by  vehicles fitted with frontal  protection  systems,  it  is  essential  that  the
use  of  these  systems  should  not  adversely  affect  this  expectation.  In  addition,  the
numbers  of  directly  injured  would  be  reduced  and  the  effects  of  frontal  and  lateral
collisions involving vehicles fitted with these systems shall be reduced. It is also to
be considered that the incorrect fitting of such systems can interfere with the proper
operation of safety systems in the vehicle.

Compliance with the proposed measures will involve no foreseeable design costs for
the automotive industry as they have already agreed not to install rigid bull bars as
original equipment nor to sell them as after market items. The situation for the motor
accessories  industry,  which  supplies  these  devices  as  after  market  items,  will  be
different,  as  they  may  have  to  redesign  their  products  as  a  consequence  of  this
Directive.

There will be some additional costs for both the automotive industry and the motor
accessories  industry,  related  to  the  testing  and  type  approval  of  frontal  protection
systems.

There would also be some costs for the national authorities in approving the frontal
protection systems and in implementing the Directive. However, the benefits in terms
of reduced fatalities and injuries to pedestrians and other vulnerable road users  will
testing  and
far  outweigh  any  increased  costs  of  design,  material  change, 
administration required.

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 but requires
that the method of construction for these devices should undergo a testing procedure
to prove their acceptability. This  may require  that these manufacturers will need to
revise their manufacturing techniques and apply the required testing regime with the
consequent costs associated.

CONSULTATION

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. Included in the proposal
from  industry  was  a  voluntary  ban  on  the  supply  and  fitting  of  frontal  protection

30

systems (“bull bars”). This question and other 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  and  Fédération
Internationale de l'Automobile) were represented.

As  a  result  of  this  hearing,  the  Commission  started  discussions  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, with respect to the subject of
frontal  protection  systems,  the  Parliament  invited  the  Commission  to  propose
legislation  which  would  also  ban  frontal  protection  systems  as  after  market
equipment.  The  Council  requested  that  the  scope  of  vehicles  from  which  these
systems  would  be  banned  should  be  widened  to  cater  for  all  M1  and  N1  category
vehicles.

The  present  proposal  corresponds,  with  regard  to  the  use  of  frontal  protection
systems,  to  the  commitment  undertaken  by  the  European,  Japanese  and  Korean
manufacturers in 2001, as modified to take account of the requests from Parliament
and Council. Note should finally be taken that for the vast majority of vehicles in use
today there is actually no specific need to have a frontal protection system fitted to a
vehicle.

31