Feasibility summary of Phase II of the Pedestrian Protection Directive
Pedestrian Protection Feasibility Study Consultation - summary of the results
Why the consultation was made
The Enterprise Directorate-General ran an Internet consultation, with a closure date of the 15th of October 2004, on the subject of the feasibility of the requirements for Phase II of the Pedestrian Protection Directive 2003/102/EC .
The aim of the consultation was to give public access to a review of Community legislation. Stakeholders' opinions were invited on the contents of the Directive's requirements and the published reports on the subject. The text of these reports were available on-line and a dedicated mailbox was set up to collect e-mail replies from interested parties.
The Directive on Pedestrian Protection introduces certain requirements for the testing of the front end of vehicles of category M1 and N1 up to 2.5tonnes weight. These requirements are to be introduced in two phases, the first starting in 2005 and the second more stringent phase starting in 2010.
Under Article 5 of the Directive it was required that a study be undertaken into the feasibility of the requirements of the second phase. This study was to examine the requirements contained in Phase II, make recommendations considered necessary to achieve feasibility and consider any possible combination of these passive requirements with any suitable active technologies which would provide at least the same level of protection for the vulnerable road user.
The required study was completed and the report made available on the website of the DG Enterprise, Automotive Industry Unit. Reports, into the same subject, and provided by the European Automobile Manufacturers Association (ACEA) and the Japanese Automobile Manufacturers Association (JAMA) were also made available on the website. Interested parties were invited to make submissions with reference to the requirements of the Directive Phase II and the contents of the reports.
Justification of the Commission approach.
The requirements of Phase II of Directive 2003/102/EC are due to come into effect in 2010 in order to provide sufficient lead-time for the necessary preparations and changes which the industry will be required to undertake. The feasibility study and subsequent considerations could allow, under the terms of Article 5 of the Directive, that a proposal, to amend the requirements of Phase II, could be made by the Commission. In order to ensure that all interested parties would have an opportunity to make submissions for consideration in any proposal which may be made and, at the same time, ensure that there would be no undue delay in formulating such proposal, it was considered that use of an internet consultation process would be the most beneficial.
Objectives of the Consultation
The consultation process aims to provide a forum whereby all interested parties may be able to make constructive comment and assist the Commission in ensuring that its legislation in the area of pedestrian protection is suitably applied. This means that the legislation should provide requirements which could be realistically applied and, at the same time, achieve a level of protection for the vulnerable road user which is at least equal to that to be expected under the existing terms of the Phase II requirements.
Replies to the consultation
A total of 13 replies were received:
- 3 from automotive industry associations
- 4 from industry
- 4 from non-governmental organisations
- 2 from research entities
Distribution of origin:
- 2 from EU organisations (ACEA and ETSC)
- 1 from a Japanese organisation (JAMA)
- 1 from an international organisation (FIA)
- 5 from Germany (Porsche, DaimlerChrysler, GM, VW and Bast)
- 1 from the Netherlands government
- 3 from UK organisations (SMMT, PACTS and Rospa)
Content of the replies
In general terms the replies recognised that there are inherent difficulties in implementing the requirements of Phase II as presently constituted. The view of many with respect to the revised requirements suggested by TRL was that further modification may be necessary, with a few of the respondents of the opinion that these presently revised requirements should be achievable. In addition there was wide acceptance of the application of combined active and passive requirements to achieve the required levels of protection.
The Automotive Unit extends its thanks to all those who submitted replies to the consultation. Arguments have been presented, supporting documents provided and the principal issues of concern have now been shown to be understood widely. The Automotive Unit will now proceed with the continuing review of all consultations taken and proceed to considerations of possible amendments to the requirements for Phase II of the Pedestrian Protection Directive 2003/102/EC.