Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (Text with EEA relevance)
Date: 2009-01-14
Institutions: Council of the European Union, European Parliament
Subjects: European standard, approval, motor vehicle, pedestrian, road safety, safety standard, technical standard, transport accident, vehicle parts

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 78/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 January 2009

on the type-approval of motor vehicles with regard to the protection of pedestrians and other
vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC
and 2005/66/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(3)

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

The internal market comprises an area without internal
frontiers in which the free movement of goods, persons,
services and capital must be ensured. To that end a Com-
munity type-approval system for motor vehicles is in place.
The technical requirements for the type-approval of motor
vehicles with regard to pedestrian protection should be
harmonised to avoid the adoption of requirements that dif-
fer from one Member State to another and to ensure the
proper functioning of the internal market.

This Regulation is one of the separate regulatory acts in the
context of the Community type-approval procedure under
Directive 2007/46/EC of the European Parliament and of
the Council of 5 September 2007 establishing a frame-
work for the approval of motor vehicles and their trailers,
and of systems, components and separate technical units
intended for such vehicles (Framework Directive) (3). In
order to achieve the aims set out in recital 1 of this Regu-
lation, Annexes I, III, IV, VI and XI to Directive 2007/46/EC
should be amended.

Experience has shown that legislation concerning motor
vehicles has often been of a highly detailed technical con-
tent. It is therefore appropriate to adopt a regulation
instead of a directive in order to avoid discrepancies
between transposing measures and an unnecessary level of
legislation in the Member States, as there will be no need
for transposition into national legislation. Therefore, Direc-
tive 2003/102/EC of the European Parliament and of the
Council of 17 November 2003 relating to the protection
of pedestrians and other vulnerable road users before and
in the event of a collision with a motor vehicle (4) and
Directive 2005/66/EC of the European Parliament and of
the Council of 26 October 2005 relating to the use of fron-
tal protection systems on motor vehicles (5) which pro-
vides requirements for the installation and use of frontal
protection systems on vehicles and thus a level of protec-
tion for pedestrians, should be replaced by this Regulation
in order to ensure consistency in this area. This implies
that Member States repeal the transposing legislation of the
repealed Directives.

(1) OJ C 211, 19.8.2008, p. 9.
(2) Opinion of the European Parliament of 18 June 2008 (not yet
Journal) and Council Decision of

published in the Official
16 December 2008.

(3) OJ L 263, 9.10.2007, p. 1.
(4) OJ L 321, 6.12.2003, p. 15.
(5) OJ L 309, 25.11.2005, p. 37.

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(4)

(5)

(6)

The requirements for the second phase of implementation
of Directive 2003/102/EC have been shown not to be fea-
sible. In this respect, Article 5 of that Directive requested
the Commission to submit any proposals necessary to
overcome the problems of feasibility of these requirements
and possibly make use of active safety systems, whilst
ensuring there was no reduction in the safety levels pro-
vided to the vulnerable road user.

A study commissioned by the Commission shows that
pedestrian protection can be significantly improved by a
combination of passive and active measures which afford
a higher level of protection than the previously existing
provisions. In particular, the study shows that the active
safety system ‘brake assist’, combined with changes to pas-
sive safety requirements, would significantly increase the
level of pedestrian protection. Providing for the obligatory
installation of brake assist systems in new motor vehicles
is therefore appropriate. However, this should not replace,
but rather complement, high-level passive safety systems.

Vehicles equipped with collision avoidance systems may
not have to fulfil certain requirements laid down in this
Regulation to the extent that they will be able to avoid col-
lisions with pedestrians rather than merely mitigate the
effects of such collisions. After assessing whether such
technology can effectively avoid collisions with pedestri-
ans and other vulnerable road users, the Commission may
present proposals amending this Regulation to allow for
the use of collision avoidance systems.

(7) With the increasing number of heavier vehicles being used
on urban roads, it is appropriate that provisions on pedes-
trian protection apply not only to vehicles of maximum
mass not exceeding 2 500 kg, but also, after a limited tran-
sitional period, to vehicles of categories M1 and N1 exceed-
ing that limit.

(8)

(9)

In order to enhance the protection of pedestrians at the
earliest possible stage, manufacturers who wish to apply
for a type-approval in compliance with new requirements
before they become mandatory should be able to do so
under the condition that the necessary implementing mea-
sures are already in force.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (1).

(1) OJ L 184, 17.7.1999, p. 23.

(10)

(11)

(12)

In particular, the Commission should be empowered to
adopt technical provisions for the application of the test
requirements and implementing measures based on the
results of monitoring. Since those measures are of general
scope and are designed to amend non-essential elements of
this Regulation, inter alia, by supplementing it with new
non-essential elements, they must be adopted in accor-
dance with the regulatory procedure with scrutiny pro-
vided for in Article 5a of Decision 1999/468/EC.

In order to ensure a smooth transition from the provisions
of Directives 2003/102/EC and 2005/66/EC to this Regu-
lation, the application of this Regulation should be deferred
by a certain period after its entry into force.

Since the objective of this Regulation, namely the realisa-
tion of the internal market through the introduction of
common technical requirements concerning pedestrian
protection, cannot be sufficiently achieved by the Member
States and can therefore, by reason of its scale, 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
Regulation does not go beyond what is necessary in order
to achieve that objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation lays down requirements for the construction and
functioning of motor vehicles and frontal protection systems in
order to reduce the number and severity of injuries to pedestrians
and other vulnerable road users who are hit by the fronts of
vehicles and in order to avoid such collisions.

Article 2

Scope

1.

This Regulation shall apply to the following:

(a) motor vehicles of category M1 as defined in Article 3(11) of
Directive 2007/46/EC and in point 1 of Section A of Annex II
thereto, subject to paragraph 2 of this Article;

(b) motor vehicles of category N1 as defined in Article 3(11) of
Directive 2007/46/EC and in point 2 of Section A of Annex II
thereto, subject to paragraph 2 of this Article;

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(c)

frontal protection systems fitted as original equipment to the
vehicles referred to in points (a) and (b) or supplied as sepa-
rate technical units intended for fitting to such vehicles.

7.

‘vehicles of category M1’ derived from N1’ means those
vehicles of M1 category which, forward of the A-pillars, have
the same general structure and shape as a pre-existing N1 cat-
egory vehicle.

Sections 2 and 3 of Annex I to this Regulation shall not

2.
apply to:

(a) vehicles of category N1; and

CHAPTER II

OBLIGATIONS OF THE MANUFACTURERS

(b) vehicles of category M1 derived from N1 and of maximum

mass exceeding 2 500 kg;

Article 4

Technical requirements

where the driver position ‘R-point’ is either forward of the front
axle or longitudinally rearwards of the front axle transverse cen-
treline by a maximum of 1 100 mm.

Article 3

Definitions

For the purposes of this Regulation:

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

‘brake assist system’ means a function of the braking system
that deduces an emergency braking event from a character-
istic of the driver’s brake demand and, under such conditions:

(a) assists the driver to deliver the maximum achievable

braking rate; or

(b)

is sufficient to cause full cycling of the Anti-lock Brak-
ing System;

‘bumper’ means any front, lower, outer structures of a vehicle,
including attachments thereto, which are intended to give
protection to a vehicle when involved in a low speed frontal
collision with another vehicle; it does not include, however,
any frontal protection system;

1.
In accordance with Article 9, manufacturers shall ensure
that vehicles placed on the market are equipped with a type-
approved brake assist system in accordance with the requirements
of Section 4 of Annex I and that such vehicles comply with the
requirements of Sections 2 or 3 of Annex I.

2.
In accordance with Article 10, manufacturers shall ensure
that frontal protection systems either fitted as original equipment
to vehicles placed on the market or supplied as separate technical
units comply with the requirements of Sections 5 and 6 of
Annex I.

3. Manufacturers shall provide to the approval authorities
appropriate data on the specifications and test conditions of the
vehicle and frontal protection system. The data shall include
information required to check the functioning of any active safety
devices installed in the vehicle.

4.
In the case of frontal protection systems to be supplied as
separate technical units, manufacturers shall provide to the
approval authorities appropriate data about the systems specifi-
cations and test conditions.

5.
Frontal protection systems, as separate technical units, shall
not be distributed, offered for sale or sold unless accompanied by
a list of vehicle types for which the frontal protection system is
type-approved, as well as by clear assembly instructions. The
assembly instructions shall contain specific installation prescrip-
tions, including fixing modes for the vehicles for which the unit
has been approved, to enable the approved components to be
mounted on that vehicle in a manner that complies with the rel-
evant provisions of Section 6 of Annex I.

in addition to the original-equipment bumper,

‘frontal protection system’ means a separate structure or
structures, such as a bull bar, or a supplementary bumper
is
which,
intended to protect the external surface of the vehicle from
damage in the event of a collision with an object, with the
exception of structures having a mass of less than 0,5 kg,
intended to protect only the vehicle’s lights;

6.
The Commission shall adopt implementing measures lay-
ing down technical provisions for the application of the require-
ments set out in Annex I. Those measures, designed to amend
non-essential elements of this Regulation, inter alia, by supple-
menting it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 40(2) of Directive
2007/46/EC.

‘maximum mass’ means the technically permissible maxi-
mum laden mass stated by the manufacturer pursuant to
point 2.8 of Annex I to Directive 2007/46/EC;

Article 5

Application for EC type-approval

‘vehicles of category N1’ derived from M1’ means those
vehicles of N1 category which, forward of the A-pillars, have
the same general structure and shape as a pre-existing M1 cat-
egory vehicle;

1.
The manufacturer shall submit to the approval authority the
information document, established in accordance with the model
set out in Part 1 of Annex II, when applying for EC type-approval
of a type of a vehicle with regard to pedestrian protection.

1.

2.

3.

4.

5.

6.

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The manufacturer shall submit to the technical service responsible
for conducting the type-approval tests a vehicle which is repre-
sentative of the vehicle type to be approved.

(b)

for the approval of a vehicle with regard to it being fitted
with a frontal protection system or the approval of a frontal
protection system to be supplied as a separate technical unit:

The manufacturer shall submit to the approval authority the
2.
information document, established in accordance with the model
set out in Part 2 of Annex II, when applying for EC type-approval
of a type of a vehicle with regard to it being fitted with a frontal
protection system.

The manufacturer shall submit to the technical service responsible
for conducting the type-approval tests a vehicle which is repre-
sentative of the vehicle type to be approved fitted with a frontal
protection system. At the request of that technical service, the
manufacturer shall also submit specific components or samples of
materials used.

3.
The manufacturer shall submit to the approval authority the
information document, established in accordance with the model
set out in Part 3 of Annex II, when applying for EC separate tech-
nical unit type-approval of a type of a frontal protection system.

The manufacturer shall submit to the technical service responsible
for conducting the type-approval tests one sample of the type of
frontal protection system to be approved. Where that technical
service considers it necessary, it may request further samples. The
sample(s) shall be clearly and indelibly marked with the appli-
cant’s trade name or mark and the type designation. The manu-
facturer shall make provision for the subsequent compulsory
display of the EC type-approval mark.

CHAPTER III

OBLIGATIONS OF THE AUTHORITIES OF THE MEMBER
STATES

Article 6

Granting of EC type-approval

1.
If the relevant requirements are met, the approval authority
shall grant EC type-approval and issue a type-approval number in
accordance with the numbering system set out in Annex VII to
Directive 2007/46/EC.

— ‘A’ if the frontal protection system complies with Sec-
tion 5 of Annex I with respect to the application of
points 5.1.1.1, 5.1.2.1, 5.2 and 5.3 thereof,

— ‘B’ if the frontal protection system complies with Sec-
tion 5 of Annex I with respect to the application of
points 5.1.1.2, 5.1.2.1, 5.2 and 5.3 thereof,

— ‘X’ if the frontal protection system complies with Sec-
tion 5 of Annex I with respect to the application of
points 5.1.1.3, 5.1.2.2, 5.2 and 5.3 thereof.

An approval authority shall not assign the same number to

3.
another type of vehicle or type of frontal protection system.

For the purposes of paragraph 1, the approval authority
4.
shall deliver the EC type-approval certificate established in accor-
dance with the following:

(a)

the model set out in Part 1 of Annex III for a type of a vehicle
with regard to pedestrian protection;

(b)

the model set out in Part 2 of Annex III for a type of a vehicle
with regard to it being fitted with a frontal protection system;

(c)

the model set out in Part 3 of Annex III for a type of a frontal
protection system to be supplied as a separate technical unit.

Article 7

EC type-approval mark

Every frontal protection system approved in accordance with this
Regulation under the type-approval of a vehicle with regard to it
being fitted with a frontal protection system, or the type-approval
of a frontal protection system to be supplied as a separate tech-
nical unit, shall comply with the requirements of this Regulation
and shall be granted, and consequently bear, an EC type-approval
mark established in accordance with the provisions set out in
Annex IV.

For the purposes of Section 3 of that type-approval num-

2.
ber, one of the following letters shall be used:

Article 8

Modification of the type and amendments to approvals

(a)

for the approval of vehicles with regard to pedestrian
protection:

— ‘A’ if the vehicle complies with Section 2 of Annex I,

— ‘B’ if the vehicle complies with Section 3 of Annex I;

Any modification of the vehicle forward of the A-pillars or of the
frontal protection system which affects either the structure, the
main dimensions, the materials of the outer surfaces of the
vehicle, the fixing methods or the external or internal component
arrangement, and which may have a significant influence on the
results of the tests, shall be regarded as an amendment pursuant
to Article 13 of Directive 2007/46/EC and thus require a new
application for type-approval.

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Article 9

Timetable for application to vehicles

5. With effect from 24 February 2015, national authorities
shall refuse, on grounds relating to pedestrian protection, to grant
EC type-approval or national type-approval in respect of the fol-
lowing new vehicle types:

1. With effect from the date set out in the second paragraph
of Article 16, national authorities shall refuse, on grounds relat-
ing to pedestrian protection, to grant EC type-approval or national
type-approval, in respect of the following new vehicle types:

(a)

category M1 which do not comply with the technical provi-
sions set out in Section 4 of Annex I;

(b) category M1 of maximum mass not exceeding 2 500 kg
which do not comply with the technical provisions set out in
Section 2 or Section 3 of Annex I;

(c)

category N1 derived from M1 and of maximum mass not
exceeding 2 500 kg which do not comply with the technical
provisions set out in Sections 2 and 4 or Sections 3 and 4 of
Annex I.

2. With effect from 24 February 2011, national authorities
shall, on grounds relating to pedestrian protection, consider the
certificates of conformity to be no longer valid for the purposes
of Article 26 of Directive 2007/46/EC, and shall prohibit the reg-
istration, sale and entry into service of the following new vehicles
which do not comply with the technical provisions set out in Sec-
tion 4 of Annex I to this Regulation:

(a) vehicles of category M1;

(b) vehicles of category N1 derived from M1 and of maximum

mass not exceeding 2 500 kg.

3. With effect from 24 February 2013, national authorities
shall refuse, on grounds relating to pedestrian protection, to grant
EC type-approval or national type-approval, in respect of the fol-
lowing new vehicle types:

(a)

category M1 of maximum mass not exceeding 2 500 kg
which do not comply with the technical provisions set out in
Section 3 of Annex I;

(b) category N1 derived from M1 and of maximum mass not
exceeding 2 500 kg which do not comply with the technical
provisions set out in Section 3 of Annex I.

4. With effect from 31 December 2012, national authorities
shall, on grounds relating to pedestrian protection, consider the
certificates of conformity to be no longer valid for the purposes
of Article 26 of Directive 2007/46/EC, and shall prohibit the reg-
istration, sale and entry into service of the following new vehicles
which do not comply with the technical provisions set out in Sec-
tion 2 or Section 3 of Annex I to this Regulation:

(a) vehicles of category M1 of maximum mass not exceeding

2 500 kg;

(b) vehicles of category N1 derived from M1, and of maximum

mass not exceeding 2 500 kg.

(a)

category M1 of maximum mass exceeding 2 500 kg which
do not comply with the technical provisions set out in Sec-
tion 3 of Annex I;

(b) category N1 which do not comply with the technical provi-

sions set out in Sections 3 and 4 of Annex I.

6. With effect from 24 August 2015, national authorities shall,
on grounds relating to pedestrian protection, consider the certifi-
cates of conformity to be no longer valid for the purposes of
Article 26 of Directive 2007/46/EC, and shall prohibit the regis-
tration, sale and entry into service of new category N1 vehicles
which do not comply with the technical provisions set out in Sec-
tion 4 of Annex I to this Regulation.

7. With effect from 24 February 2018, national authorities
shall, on grounds relating to pedestrian protection, consider the
certificates of conformity to be no longer valid for the purposes
of Article 26 of Directive 2007/46/EC, and shall prohibit the reg-
istration, sale and entry into service of the following new vehicles:

(a)

category M1 of maximum mass not exceeding 2 500 kg,
which do not comply with the technical provisions set out in
Section 3 of Annex I to this Regulation;

(b) category N1 derived from M1, and of maximum mass not
exceeding 2 500 kg, which do not comply with the technical
provisions set out in Section 3 of Annex I to this Regulation.

8. With effect from 24 August 2019, national authorities shall,
on grounds relating to pedestrian protection, consider the certifi-
cates of conformity to be no longer valid for the purposes of
Article 26 of Directive 2007/46/EC, and shall prohibit the regis-
tration, sale and entry into service of the following new vehicles:

(a)

category M1 of maximum mass exceeding 2 500 kg, which
do not comply with the technical provisions set out in Sec-
tion 3 of Annex I to this Regulation;

(b) category N1 which do not comply with the technical provi-
sions set out in Section 3 of Annex I to this Regulation.

9. Without prejudice to paragraphs 1 to 8 of this Article and
subject to the entry into force of the measures adopted pursuant
to Article 4(6), if a manufacturer so requests, the national authori-
ties shall not, on grounds relating to pedestrian protection, refuse
to grant EC type-approval or national type-approval for a new
type of vehicle or prohibit the registration, sale or entry into ser-
vice of a new vehicle, where the vehicle concerned complies with
the technical provisions set out in Sections 3 or 4 of Annex I.

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Article 10

Application to frontal protection systems

1.
National authorities shall refuse to grant EC type-approval
or national type-approval of a new type of vehicle with regard to
it being fitted with a frontal protection system, or EC separate
technical unit type-approval of a new type of frontal protection
system, which does not comply with the requirements laid down
in Sections 5 and 6 of Annex I.

2.
National authorities shall, on grounds relating to frontal
protection systems, consider the certificates of conformity to be
no longer valid for the purposes of Article 26 of Directive
2007/46/EC and shall prohibit the registration, sale and entry into
service of new vehicles which do not comply with the require-
ments laid down in Sections 5 and 6 of Annex I to this Regulation.

The requirements set out in Sections 5 and 6 of Annex I to
3.
this Regulation shall apply to frontal protection systems supplied
as separate technical units for the purposes of Article 28 of Direc-
tive 2007/46/EC.

Article 11

Collision avoidance systems

1.
Upon assessment by the Commission, vehicles equipped
with collision avoidance systems may not have to fulfil the test
requirements laid down in Sections 2 and 3 of Annex I in order
to be granted an EC type-approval or a national type-approval for
a type of a vehicle with regard to pedestrian protection, or to be
sold, registered or to enter into service.

2.
The Commission shall present the assessment to the Euro-
pean Parliament and to the Council, accompanied by proposals
amending this Regulation if appropriate.

Any measures proposed shall ensure levels of protection which
are at least equivalent, in terms of actual effectiveness, to those
provided by Sections 2 and 3 of Annex I.

Article 12

Monitoring

1.
The national authorities shall provide the Commission with
the results of the monitoring referred to in points 2.2, 2.4 and 3.2
of Annex I on a yearly basis and at the latest by 28 February of
the year following that of their acquisition.

The Commission, acting on the basis of relevant informa-
3.
tion communicated by the approval authorities and interested
parties as well as on the basis of independent studies, shall moni-
tor the technical developments in the field of enhanced passive
safety requirements, brake assist and other active safety technolo-
gies which may provide improved protection to vulnerable road
users.

By 24 February 2014, the Commission shall review the fea-
4.
sibility and application of any such enhanced passive safety
requirements. It shall review the functioning of this Regulation
with regard to the use and effectiveness of brake assist and other
active safety technologies.

5.
The Commission shall submit a report to the European Par-
liament and the Council, accompanied by proposals on the sub-
ject as appropriate.

Article 13

Penalties

1. Member States shall lay down the provisions on penalties
applicable for infringement by manufacturers of the provisions of
this Regulation and shall take all measures necessary to ensure
that they are implemented. The penalties provided for shall be
effective, proportionate and dissuasive. Member States shall notify
those provisions to the Commission by 24 August 2010 and shall
notify it without delay of any subsequent amendment affecting
them.

The types of infringements which are subject to a penalty

2.
shall include at least the following:

(a) making false declarations during the approval procedures or

procedures leading to a recall;

(b)

falsifying test results for type-approval;

(c) withholding data or technical specifications which could lead

to recall or withdrawal of type-approval;

(d)

refusal to provide access to information.

The requirement to provide those results shall cease to apply from
24 February 2014.

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

2.
The Commission may, on the basis of the results of the
monitoring completed under points 2.2, 2.4 and 3.2 of Annex I,
adopt implementing measures as appropriate.

Those measures, designed to amend non-essential elements of this
Regulation, inter alia, by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 40(2) of Directive 2007/46/EC.

Article 14

Amendments to Directive 2007/46/EC

Directive 2007/46/EC shall be amended in accordance with
Annex V to this Regulation.

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Article 15

Repeal

Article 16

Entry into force

Directives 2003/102/EC and 2005/66/EC shall be repealed with
effect from the date set out in the second paragraph of Article 16
of this Regulation.

References to the repealed Directives shall be construed as refer-
ences to this Regulation.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from 24 November 2009 with the exception of
Article 4(6) and Article 9(9) which shall apply from the day of
entry into force and Article 9(2) to (8) which shall apply from the
dates set therein.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 14 January 2009.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
A. VONDRA

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LIST OF ANNEXES

Annex I

Technical provisions for the testing of vehicles and frontal protection systems

Annex II Model Information documents to be supplied by the manufacturer

Part 1

Part 2

Part 3

Information document relating to the EC type-approval of a vehicle with regard to pedestrian
protection

Information document relating to the EC type-approval of a vehicle with regard to it being fitted with
a frontal protection system

Information document relating to the EC type-approval of a frontal protection system to be supplied
as a separate technical unit

Annex III EC type-approval model certificates

Part 1

Part 2

Part 3

EC type-approval certificate relating to the type-approval of a vehicle with regard to pedestrian
protection

EC type-approval certificate relating to the type-approval of a vehicle with regard to it being fitted with
a frontal protection system

EC type-approval certificate relating to the type-approval of a frontal protection system to be supplied
as a separate technical unit

Annex IV EC type-approval mark

Appendix

Example of the EC type-approval mark

Annex V Amendments to Directive 2007/46/EC

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ANNEX I

Technical provisions for the testing of vehicles and frontal protection systems

1.

For the purposes of this Annex, the following definitions shall apply:

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8.

1.9.

‘bonnet leading edge’ means the front of the upper outer structure, including the bonnet and wings, the upper
and side members of the headlight surround and any other attachments;

‘bonnet leading edge reference line’ means the geometric trace of the points of contact between a straight edge
1 000 mm long and the front surface of the bonnet, when the straight edge, held parallel to the vertical longi-
tudinal plane of the vehicle and inclined rearwards by 50 ° and with the lower end 600 mm above the ground,
is traversed across and in contact with the bonnet leading edge. For vehicles having the bonnet top surface
inclined at essentially 50 °, so that the straight edge makes a continuous contact or multiple contacts rather than
a point contact, the reference line is determined with the straight edge inclined rearwards at an angle of 40 °. For
vehicles of such shape that the bottom end of the straight edge makes first contact, then that contact is taken to
be the bonnet leading edge reference line, at that lateral position. For vehicles of such shape that the top end of
the straight edge makes first contact, then the geometric trace of 1 000 mm wrap around distance will be used
as the bonnet leading edge reference line at that lateral position. The top edge of the bumper shall also be
regarded as the bonnet leading edge for the purposes of this Regulation, if it is touched by the straight edge
during this procedure;

‘1 000 mm wrap around distance’ means the geometric trace described on the frontal upper surface by one end
of a 1 000 mm long flexible tape, when it is held in a vertical fore and aft plane of the vehicle and traversed across
the front of the bonnet bumper and frontal protection system. The tape is held taut throughout the operation
with one end held in contact with the ground reference level, vertically below the front face of the bumper and
the other end held in contact with the frontal upper surface. The vehicle is positioned in the normal ride attitude;

‘bonnet top’ means the outer structure which includes the upper surface of all outer structures except the wind-
screen, 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;

‘frontal upper surface’ means the outer structure that includes the upper surface of all outer structures except the
windscreen, the A-pillars and structure rearwards of them;

‘ground reference level’ means the horizontal plane parallel to the ground level, representing the ground level for
a vehicle placed at rest on a flat surface with the hand brake on, with the vehicle positioned in its normal ride
attitude;

‘normal ride attitude’ means the vehicle attitude in running order positioned on the ground, with the tyres inflated
to the recommended pressures, the front wheels in the straight-ahead position, with maximum capacity of all
fluids necessary for operation of the vehicle, with all standard equipment as provided by the vehicle manufac-
turer, with a mass of 75 kg placed on the driver’s seat and with a mass of 75 kg placed on the front passenger’s
seat, and with the suspension set for a driving speed of 40 km/h or 35 km/h in normal running conditions speci-
fied by the manufacturer (especially for vehicles with an active suspension or a device for automatic levelling);

‘windscreen’ means the frontal glazing of the vehicle which meets all the relevant requirements of Annex I to
Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States
relating to the field of vision of motor vehicle drivers (1);

‘Head performance criterion’ (HPC) means a calculation, over a specified time period, of the maximum resultant
acceleration experienced during the impact. It shall be calculated from the resultant of accelerometer time his-
tories as the maximum (depending on t1 and t2) of the equation:

t

2

HPC =[ 1
t2 – t1∫

t

1

2,5

a dt]

(t2 – t1)

In that formula, ‘a’ is the resultant acceleration as a multiple of ‘g’ and t1 and t2 are the two time instants
(expressed in seconds) during the impact, defining the beginning and the end of the recording for which the value
of HPC is a maximum. 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;

(1) OJ L 267, 19.10.1977, p. 1.

L 35/10

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Official Journal of the European Union

4.2.2009

1.10.

‘radius of curvature’ means the radius of the arc of a circle which comes closest to the rounded form of the com-
ponent under consideration.

2.

The following tests are required to be performed on vehicles:

2.1.

Legform to bumper:

One of the following tests is required to be performed:

(a)

lower legform to bumper:

the test is performed at an impact speed of 40 km/h. The maximum dynamic knee bending angle shall not
exceed 21,0 °, the maximum dynamic knee shearing displacement shall not exceed 6,0 mm, and the accel-
eration measured at the upper end of the tibia shall not exceed 200 g;

(b) 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 7,5 kN and the bending moment on the test impactor shall not exceed
510 Nm.

2.2.

Upper legform to bonnet leading edge:

The test is performed at an impact speed up to 40 km/h. The instantaneous sum of the impact forces with respect
to time should not exceed a possible target of 5,0 kN and the bending moment on the test impactor shall be
recorded and compared with the possible target of 300 Nm.

This test shall be completed for monitoring purposes only and the results shall be fully recorded.

2.3.

Child/small adult headform to bonnet top:

The test is performed at an impact speed of 35 km/h using a 3,5 kg test impactor. The HPC shall not exceed
1 000 over 2/3 of the bonnet test area and 2 000 for the remaining 1/3 of the bonnet test area.

2.4.

Adult headform to windscreen:

The test is performed at an impact speed of 35 km/h using a 4,8 kg test impactor. The HPC shall be recorded
and compared with the possible target of 1 000.

This test shall be completed for monitoring purposes only and the results shall be fully recorded.

3.

The following tests are required to be performed on vehicles:

3.1.

Legform to bumper:

One of the following tests is required to be performed:

(a)

lower legform to bumper:

the test is performed at an impact speed of 40 km/h. The maximum dynamic knee bending angle shall not
exceed 19,0 °, the maximum dynamic knee shearing displacement shall not exceed 6,0 mm, and the accel-
eration measured at the upper end of the tibia shall not exceed 170 g.

In addition, the manufacturer may nominate bumper test widths of up to 264 mm in total where the accel-
eration measured at the upper end of the tibia shall not exceed 250 g;

(b) 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 7,5 kN and the bending moment on the test impactor shall not exceed
510 Nm.

4.2.2009

EN

Official Journal of the European Union

L 35/11

3.2.

Upper legform to bonnet leading edge:

The test is performed at an impact speed up to 40 km/h. The instantaneous sum of the impact forces with respect
to time shall be compared with a possible maximum of 5,0 kN and the bending moment on the test impactor
shall be compared with a possible maximum of 300 Nm.

This test shall be completed for monitoring purposes only and the results shall be fully recorded.

3.3.

Child/small adult headform to bonnet top:

The test is performed at an impact speed of 35 km/h using a 3,5 kg test impactor. The HPC shall comply with
the requirements of point 3.5.

3.4.

Adult headform to bonnet top:

The test performed at an impact speed of 35 km/h using a 4,5 kg test impactor. The HPC shall comply with the
requirements of point 3.5.

3.5.

The HPC recorded shall not exceed 1 000 over one half of the child headform test area and, in addition, shall not
exceed 1 000 over 2/3 of the combined child and adult headform test areas. The HPC for the remaining areas
shall not exceed 1 700 for both headforms.

4.

The following tests are required to be performed on vehicles:

4.1.

A reference test to identify the system operation point at which the anti-lock braking system (ABS) activates.

4.2.

A test to verify that the operation of the brake assist system is correctly triggered so as to apply the maximum
achievable deceleration characteristics of the vehicle.

5.

The following tests are required to be performed on frontal protection systems (FPS):

5.1.

One of the following legform tests, under points 5.1.1 or 5.1.2, is required to be performed:

5.1.1.

Lower legform to FPS:

All the tests shall be performed at an impact speed of 40 km/h.

5.1.1.1.

For an FPS approved for fitting to vehicles that comply with the requirements of Section 2 the maximum dynamic
knee bending angle shall not exceed 21,0 °, 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 200 g.

5.1.1.2.

For an FPS approved for fitting to vehicles that comply with the requirements of Section 3 the maximum dynamic
knee bending angle shall not exceed 19,0 °, 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 170 g.

5.1.1.3.

For an FPS approved for fitting only to vehicles which do not comply with either Section 2 or Section 3 the test
requirements set out in points 5.1.1.1 and 5.1.1.2 may be replaced by the test requirements set out in either
point 5.1.1.3.1 or point 5.1.1.3.2.

5.1.1.3.1. The maximum dynamic knee bending angle shall not exceed 24,0 °, the maximum dynamic knee shearing dis-
placement shall not exceed 7,5 mm, and the acceleration measured at the upper end of the tibia shall not exceed
215 g.

5.1.1.3.2. A pair of tests shall be performed on the vehicle, one with the FPS fitted, and a second without the FPS fitted.
Each pair of tests shall be performed in equivalent locations as agreed with the relevant approval authority. The
values for the maximum dynamic knee bending angle, the maximum dynamic knee shearing displacement and
the acceleration measured at the upper end of the tibia shall be recorded. In each case the value recorded for the
vehicle fitted with the FPS shall not exceed 90 % of the value recorded for the vehicle without the FPS fitted.

L 35/12

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Official Journal of the European Union

4.2.2009

5.1.2.

Upper legform to FPS:

All the tests shall be performed at an impact speed of 40 km/h.

5.1.2.1.

The instantaneous sum of the impact forces with respect to time shall not exceed 7,5 kN and the bending
moment on the test impactor shall not exceed 510 Nm.

5.1.2.2.

For an FPS approved for fitting only to vehicles which do not comply with either Section 2 or Section 3, the test
requirements set out in point 5.1.2.1 may be replaced by the test requirements set out in either point 5.1.2.2.1
or point 5.1.2.2.2.

5.1.2.2.1. The instantaneous sum of the impact forces with respect to time shall not exceed 9,4 kN and the bending

moment on the test impactor shall not exceed 640 Nm.

5.1.2.2.2. A pair of tests shall be performed on the vehicle, one with the FPS fitted, and a second without the FPS fitted.
Each pair of tests shall be performed in equivalent locations as agreed with the relevant approval authority. The
values for the instantaneous sum of the impact forces and the bending moment on the test impactor shall be
recorded. In each case the value recorded for the vehicle fitted with the FPS shall not exceed 90 % of the value
recorded for the vehicle without the FPS fitted.

5.2.

Upper legform to FPS leading edge

The test is performed at an impact speed 40 km/h. The instantaneous sum of the impact forces with respect to
time, to the top and the bottom of the impactor, should not exceed a possible target of 5,0 kN and the bending
moment on the test impactor should not exceed a possible target of 300 Nm. Both results shall be recorded for
monitoring purposes.

5.3.

Child/small adult headform to FPS

The test is performed at an impact speed of 35 km/h using a 3,5 kg headform test impactor for the child/small
adult. The HPC calculated from the resultant of the accelerometer time histories shall not exceed 1 000 in all
cases.

Construction and installation provisions for FPS:

The following requirements apply equally to FPS fitted to new vehicles and to FPS to be supplied as separate tech-
nical units for fitting to specified vehicles.

The components of the FPS shall be so designed that all rigid surfaces which can be contacted by a 100 mm
sphere, have a minimum radius of curvature of 5 mm.

The total mass of the FPS, including all brackets and fixings, shall not exceed 1,2 % of the maximum mass of the
vehicle for which it is designed, subject to a maximum of 18 kg.

The height of the FPS, when fitted to a vehicle, shall be no more than 50 mm above the height of the bonnet
leading edge reference line.

The FPS shall not increase the width of the vehicle to which it is fitted. If the overall width of the FPS is more
than 75 % of the width of the vehicle, the ends of the FPS 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 FPS is recessed or inte-
grated within the bodywork or the end of the FPS is turned so that it is not contactable by a 100 mm sphere and
the gap between the end of the FPS and the surrounding bodywork does not exceed 20 mm.

Subject to point 6.1.4, the gap between the components of the FPS 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.

At any lateral position across the vehicle, in order to preserve the benefits of the vehicle bumper, the longitudi-
nal distance between the most forward part of the bumper and the most forward part of the FPS shall not exceed
50 mm.

The FPS 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 FPS overlap-
ping the bumper.

6.

6.1.

6.1.1.

6.1.2.

6.1.3.

6.1.4.

6.1.5.

6.1.6.

6.1.7.

4.2.2009

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Official Journal of the European Union

L 35/13

6.1.8.

The FPS shall not be inclined forward of the vertical. The top parts of the FPS shall not extend upwards or rear-
wards (towards the windscreen) more than 50 mm from the bonnet leading edge reference line of the vehicle
with the FPS removed.

6.1.9.

Conformity with the requirements of the vehicle type-approval shall not be compromised by the fitting of a FPS.

7.

By derogation to Sections 2, 3 and 5, the relevant approval authority may consider the requirements for any of
the tests laid down therein to be fulfilled by any equivalent testing carried out under the requirements of another
test pursuant to this Annex.

L 35/14

EN

Official Journal of the European Union

4.2.2009

ANNEX II

Model Information documents to be supplied by the manufacturer

Part 1

Information document relating to the EC type-approval of a vehicle with regard to pedestrian protection

Part 2

Information document relating to the EC type-approval of a vehicle with regard to it being fitted with a frontal protection
system

Part 3

Information document relating to the EC type-approval of a frontal protection system to be supplied as a separate technical
unit

4.2.2009

EN

Official Journal of the European Union

L 35/15

PART 1

MODEL

Information document No … relating to the EC type-approval of a vehicle with regard topedestrian protection

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

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

0.

GENERAL

0.1.

Make (trade name of manufacturer):

0.2.

Type:

0.2.1.

Commercial name(s) (if available):

0.3.

Means of identification of type, if marked on the vehicle (b) (1):

0.3.1.

Location of that marking:

0.4.

Category of vehicle (c):

0.5.

Name and address of manufacturer:

0.8.

Name(s) and address(es) of assembly plant(s):

0.9.

Name and address of the manufacturer’s representative (if any):

1.

GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1.

Photographs and/or drawings of a representative vehicle:

1.6.

Position and arrangement of the engine:

9.

BODYWORK

9.1.

Type of bodywork:

9.2.

Materials used and methods of construction:

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 shall include detail of any active protection system installed.

L 35/16

EN

Official Journal of the European Union

4.2.2009

PART 2

MODEL

Information document No … relating to the EC type-approval of a vehicle with regard to it being fitted with a
frontal protection system

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

If the systems, components or separate technical units make use of specialist materials, information concerning their per-
formance shall be supplied.

0.

GENERAL

0.1.

Make (trade name of manufacturer):

0.2.

Type:

0.2.1.

Commercial name(s) (if available):

0.3.

Means of identification of type, if marked on the vehicle (b) (1):

0.3.1.

Location of that marking:

0.4.

Category of vehicle (c):

0.5.

Name and address of manufacturer:

0.7.

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

0.8.

Name(s) and address(es) of assembly plant(s):

0.9.

Name and address of the manufacturer’s representative (if any):

1.

GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1.

Photographs and/or drawings of a representative vehicle:

2.

MASSES AND DIMENSIONS: (in kg and mm) (Refer to drawing where applicable)

2.8.

Technically permissible maximum laden mass stated by the manufacturer:

2.8.1. Distribution of this mass among the axles (maximum and minimum):

9.

BODYWORK

9.1.

Type of bodywork:

9.24.

Frontal protection system

9.24.1. General arrangement (drawings or photographs) indicating the position and attachment of the frontal protection

systems:

4.2.2009

EN

Official Journal of the European Union

L 35/17

9.24.2. 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 first sentence are not critical, for documentation purposes they
may be replaced by photographs, accompanied if necessary by dimensional details and/or text:

9.24.3. Complete details of fittings required and full instructions, including torque requirements, for fitting:

9.24.4. Drawing of bumpers:

9.24.5. Drawing of the floor line at the vehicle front end:

L 35/18

EN

Official Journal of the European Union

4.2.2009

PART 3

MODEL

Information document No … relating to the EC type-approval of a frontal protection system to be supplied as
a separate technical unit

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

If the systems, components or separate technical units make use of specialist materials, information concerning their per-
formance shall be supplied.

0.

GENERAL

0.1.

Make (trade name of manufacturer):

0.2.

Type:

0.2.1.

Commercial name(s) (if available):

0.5.

Name and address of manufacturer:

0.7.

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

0.8.

Name(s) and address(es) of assembly plant(s):

0.9.

Name and address of the manufacturer’s representative (if any):

1.

DESCRIPTION OF THE DEVICE

1.1.

Detailed technical description (including photographs or drawings):

1.2.

Assembly and mounting instructions, including required torques:

1.3.

Listing of vehicle types to which it may be fitted:

1.4.

Any restrictions of use and conditions for fitting:

(b)

If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types
covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).
(c) Classified according to the definitions listed in Section A of Annex II to Directive 2007/46/EC of the European Parliament and of the
Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components
and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

(1) Delete where not applicable (there are cases where nothing needs to be deleted when more than one entry is applicable).

4.2.2009

EN

Official Journal of the European Union

L 35/19

ANNEX III

EC type-approval model certificates

Part 1

EC type-approval certificate relating to the type-approval of a vehicle with regard to pedestrian protection

Part 2

EC type-approval certificate relating to the type-approval of a vehicle with regard to it being fitted with a frontal protection
system

Part 3

EC type-approval certificate relating to the type-approval of a frontal protection system to be supplied as a separate tech-
nical unit

L 35/20

EN

Official Journal of the European Union

4.2.2009

PART 1

MODEL

(maximum format: A4 (210 × 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 pedestrian protection

with regard to Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 as imple-
mented by …

last amended by Regulation (EC) No …/… (2)

EC type-approval No:

Reason for extension:

0.1.

0.2.

Make (trade name of manufacturer):

Type:

0.2.1.

Commercial name(s) (if available)

SECTION I

0.3.

Means of identification of type, if marked on the vehicle (3):

0.3.1.

Location of that marking:

0.4.

0.5.

0.8.

0.9.

1.

2.

3.

4.

Category of vehicle (4):

Name and address of manufacturer:

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

Name and address of the manufacturer’s representative (if any):

SECTION II

Additional information (where applicable) (see Addendum)

Technical service responsible for carrying out the tests:

Date of test report:

Number of test report:

(1) Delete where not applicable.
(2)
(3)

Insert number of amending Regulation.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types
covered by this information, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).

(4) As defined in Section A of Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 estab-
lishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended
for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

4.2.2009

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Official Journal of the European Union

L 35/21

5.

6.

7.

8.

Remarks (if any) (see Addendum):

Place:

Date:

Signature:

Attachments: Information package.

Test report.

Addendum to EC type-approval certificate No … concerning the type-approval of a
vehicle with regard to pedestrian protection with regard to Regulation (EC) No 78/2009

1.

Additional information

1.1.

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

1.2.

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

1.3.

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

1.4.

Mass of vehicle submitted for testing (as defined in accordance with point 1.7 of Annex I to Regulation (EC)
No 78/2009):

— Front axle:

— Rear axle:

— Total:

1.5.

Test results according to the requirements of Annex I to Regulation (EC) No 78/2009:

1.5.1.

Section 2 test results:

Test

Value recorded

Pass/fail (1)

Lower legform to bumper (where per-
formed)

Bending angle

Shear displacement

Acceleration at tibia

Upper legform to bumper (where per-
formed)

Sum of impact forces

Bending moment

Upper legform to bonnet leading edge

Sum of impact forces

Child/small adult headform (3,5 kg) to
bonnet top

Adult headform (4,8 kg) to windscreen

Bending moment

HPC values
in Zone A
(12 results (3))
HPC values
in Zone B
(6 results (3))
HPC values
(5 results (3))

. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .

degrees

mm

g

kN

Nm

kN

Nm

(2)

(2)

(2)

(1) According to the values specified in Section 2 of Annex I to Regulation (EC) No 78/2009.
(2) For monitoring purposes only.
(3) According to Commission [implementing legislation].

(1) Delete where not applicable.

L 35/22

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Official Journal of the European Union

4.2.2009

1.5.2.

Section 3 test results:

Test

Value recorded

Pass/fail (1)

Lower legform to bumper (where per-
formed)

Bending angle

Shear displacement

Acceleration at tibia

Upper legform to bumper (where per-
formed)

Sum of impact forces

Bending moment

Upper legform to bonnet leading edge

Sum of impact forces

Child/small adult headform (3,5 kg) to
bonnet top

Adult headform (4,5 kg) to windscreen

Bending moment

HPC values
(9 results (3))
HPC values
(9 results (3))

. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .

degrees

mm

g

kN

Nm

kN

Nm

(2)

(2)

(1) According to the values specified in Section 3 of Annex I to Regulation (EC) No 78/2009.
(2) For monitoring purposes only.
(3) According to Commission [implementing legislation].

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

1.5.3.

Section 4 requirements:

Details of brake assist system supplied (1).

Remarks (2):

(1) Provide details of system operation method.
(2) Provide details of testing completed to verify system.

4.2.2009

EN

Official Journal of the European Union

L 35/23

PART 2

MODEL

(maximum format: A4 (210 × 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 a vehicle with regard to it being fitted with a frontal protection system

with regard to Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 as imple-
mented by …

last amended by Regulation (EC) No …/… (2)

EC type-approval No:

Reason for extension:

0.1.

Make (trade name of manufacturer):

0.2.

Type:

0.2.1.

Commercial name(s) (if available):

SECTION I

0.3.

Means of identification of type, if marked on the vehicle (3):

0.3.1.

Location of that marking:

0.4.

Category of vehicle (4):

0.5.

Name and address of manufacturer:

0.7.

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

0.8.

Address(es) of assembly plant(s):

0.9.

Name and address of the manufacturer’s representative (if any):

(1) Delete where not applicable.
(2)
(3)

Insert number of amending Regulation.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types
covered by this information, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).

(4) As defined in Section A of Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 estab-
lishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended
for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

L 35/24

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Official Journal of the European Union

4.2.2009

SECTION II

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:

1.

2.

3.

4.

5.

6.

7.

8.

Attachments: Information package.

Test report.

Addendum to EC type-approval certificate No … concerning the type-approval
of a vehicle with regard to it being fitted with a frontal protection system with regard
to Regulation (EC) No 78/2009

1.

2.

3.

Additional information, if any:

Remarks:

Test results according to the requirements of Section 5 of Annex I to Regulation (EC) No 78/2009

Test

Value recorded

Pass/fail

Lower legform to frontal protection sys-
tem
— three test positions
(where performed)

Upper legform to frontal protection sys-
tem
— three test positions
(where performed)

Upper legform to frontal protection sys-
tem leading edge
— three test positions
(monitoring only)

Bending angle

Shear displacement

Acceleration at tibia

Sum of impact forces

Bending moment

Sum of impact forces

Bending moment

Child/small adult headform (3,5 kg) to
frontal protection system

HPC values
(at least three values)

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

degrees

mm

. . . . . . . . . .
. . . . . . . . . .

g

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

kN

Nm

kN

Nm

4.2.2009

EN

Official Journal of the European Union

L 35/25

PART 3

MODEL

(maximum format: A4 (210 × 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 frontal protection system to be supplied as a separate technical unit

with regard to Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 as imple-
mented by…

last amended by Regulation (EC) No …/… (2)

EC type-approval No:

Reason for extension:

0.1.

Make (trade name of manufacturer):

0.2.

Type:

SECTION I

0.3.

Means of identification of type if marked on the frontal protection system (3):

0.3.1.

Location of that marking:

0.5.

Name and address of manufacturer:

0.7.

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

0.8.

Name(s) and address(es) of assembly plant(s):

0.9.

Name and address of the manufacturer’s representative (if any):

SECTION II

1.

2.

3.

Additional information: See Addendum

Technical service responsible for carrying out the tests:

Date of test report:

(1) Delete where not applicable.
(2)
(3)

Insert number of amending Regulation.
If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types
covered by this information, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??).

L 35/26

EN

Official Journal of the European Union

4.2.2009

4.

5.

6.

7.

8.

Number of test report:

Remarks (if any): See Addendum

Place:

Date:

Signature:

Attachments: Information package.

Test report.

Addendum to EC type-approval certificate No … concerning the type-approval of a type
of frontal protection system to be supplied as a separate technical unit with regard to
Regulation (EC) No 78/2009

1.

Additional information

1.1.

Method of attachment:

1.2.

Assembly and mounting instructions:

1.3.

List of vehicles on which the frontal protection system may be fitted, any usage restrictions and necessary condi-
tions for fitting:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

3.

Remarks:

Test results according to the requirements of Section 5 of Annex I to Regulation (EC) No 78/2009

Test

Value recorded

Pass/fail

Lower legform to frontal protection sys-
tem
— three test positions
(where performed)

Upper legform to frontal protection sys-
tem
— three test positions
(where performed)

Upper legform to frontal protection sys-
tem leading edge
— three test positions
(monitoring only)

Bending angle

Shear displacement

Acceleration at tibia

Sum of impact forces

Bending moment

Sum of impact forces

Bending moment

Child/small adult headform (3,5 kg) to
frontal protection system

HPC values
(at least three values)

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

degrees

mm

. . . . . . . . . .
. . . . . . . . . .

g

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

. . . . . . . . . .
. . . . . . . . . .

kN

Nm

kN

Nm

4.2.2009

EN

Official Journal of the European Union

L 35/27

ANNEX IV

EC TYPE-APPROVAL MARK

1.

This mark shall consist of:

1.1.

A rectangle surrounding the lower-case letter ‘e’ followed by the distinguishing number or letter(s) of the Member
State which has granted the EC type-approval

—

—

—

—

—

—

—

—

—

1

2

3

4

5

6

7

8

9

for Germany,

for France,

for Italy,

for the Netherlands,

for Sweden,

for Belgium,

for Hungary,

for the Czech Republic,

for Spain,

— 11

for the United Kingdom,

— 12

for Austria,

— 13

for Luxembourg,

— 17

for Finland,

— 18

for Denmark,

— 19

for Romania,

— 20

for Poland,

— 21

for Portugal,

— 23

for Greece,

— 24

for Ireland,

— 26

for Slovenia,

— 27

for Slovakia,

— 29

for Estonia,

— 32

for Latvia,

— 34

for Bulgaria,

— 36

for Lithuania,

— 49

for Cyprus,

— 50

for Malta.

1.2.

In the vicinity of the rectangle the ‘base approval number’ contained in Section 4 of the type-approval number
referred to in Annex VII to Directive 2007/46/EC, preceded by the two figures indicating the sequence number
assigned to the latest major technical amendment to this Regulation on the date the EC type-approval was granted.
The sequence number for this Regulation is 02.

1.3.

The following additional letters located above the rectangle:

1.3.1.

‘A’ to indicate that the frontal protection system was approved in compliance with the requirements of point 5.1.1.1
of Annex I and is suitable for fitting to vehicles that comply with Section 2 of Annex I;

1.3.2.

‘B’ to indicate that the frontal protection system was approved in compliance with the requirements of point 5.1.1.2
of Annex I and is suitable for fitting to vehicles that comply with Section 3 of Annex I;

L 35/28

EN

Official Journal of the European Union

4.2.2009

1.3.3.

‘X’ to indicate that the frontal protection system was approved under the consideration, for the legform impactor
test, allowed by points 5.1.1.3 or 5.1.2.2 of Annex I and is only suitable for fitting to vehicles that do not comply
with either Section 2 or Section 3 of Annex I.

1.4.

The EC type-approval mark shall be clearly legible, indelible and clearly visible when installed on the vehicle.

1.5.

An example of the approval mark is given in the Appendix to this Annex.

4.2.2009

EN

Official Journal of the European Union

L 35/29

APPENDIX

Example of the EC type-approval mark

The device bearing the EC type-approval mark shown above is for a frontal protection system type-approved in Germany
(e1) pursuant to this Regulation (02) under the base approval number 1471.

The letter ‘X’ indicates that the frontal protection system was approved under the consideration, for the legform impactor
test, allowed by either point 5.1.1.3 or 5.1.2.2 of Annex I.

L 35/30

EN

Official Journal of the European Union

4.2.2009

ANNEX V

Amendments to Directive 2007/46/EC

Directive 2007/46/EC is hereby amended as follows:

1.

in Annex I, Section 9.24 shall be replaced by the following:

‘9.24.

Frontal protection systems

9.24.1. General arrangement (drawings or photographs) indicating the position and attachment of the frontal protec-

tion systems:

9.24.2. 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 first sentence are not critical, for documentation
purposes they may be replaced by photographs, accompanied if necessary by dimensional details and/or text:

9.24.3. Complete details of fittings required and full instructions, including torque requirements, for fitting:

9.24.4. Drawing of bumpers:

9.24.5. Drawing of the floor line at the vehicle front end:’;

2.

in Annex III, Part I, point A, Section 9.24 shall be replaced by the following:

‘9.24.

Frontal protection systems

9.24.1. General arrangement (drawings or photographs) indicating the position and attachment of the frontal protec-

tion systems:

9.24.3. Complete details of fittings required and full instructions, including torque requirements, for fitting:’;

3. Annex IV is hereby amended as follows:

(a)

in Part I:

(i)

item 58 shall be replaced by the following:

‘58. Pedestrian pro-

tection

Regulation (EC)
No 78/2009

L 35,
4.2.2009, p. 1

X

X’

(ii)

footnote 7 shall be deleted;

(iii)

item 60 shall be deleted;

(b)

in the Appendix:

(i)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection

Regulation (EC) No 78/2009 L 35, 4.2.2009, p. 1

N/A (*)

(*) Any frontal protection system supplied with the vehicle shall comply with the requirements of Regulation (EC)

No 78/2009, shall be provided with a type-approval number and shall be marked accordingly.’

(ii)

item 60 shall be deleted;

4.2.2009

EN

Official Journal of the European Union

L 35/31

4.

in Annex VI, the Appendix is hereby amended as follows:

(a)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection

Regulation (EC) No 78/2009’

(b)

item 60 shall be deleted;

5. Annex XI is hereby amended as follows:

(a)

in Appendix 1:

(i)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection

Regulation (EC) No 78/2009

X

N/A (*)

(*) Any frontal protection system supplied with the vehicle shall comply with the requirements of Regulation (EC)

No 78/2009, shall be provided with a type-approval number and shall be marked accordingly.’;

(ii)

Item 60 shall be deleted.

(b)

in Appendix 2:

(i)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection

Regulation (EC)
No 78/2009

N/A

N/A’

(ii)

item 60 shall be deleted;

(c)

in Appendix 3:

(i)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection

Regulation (EC) No 78/2009

X’

(ii)

item 60 shall be deleted;

(d)

in Appendix 4:

(i)

item 58 shall be replaced by the following:

‘58.

Pedestrian protection Regulation (EC)

N/A (*)

No 78/2009

(*) Any frontal protection system supplied with the vehicle shall comply with the requirements of Regulation (EC)

No 78/2009, shall be provided with a type-approval number and shall be marked accordingly.’;

(ii)

Item 60 shall be deleted.