Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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^f1, and in particular Article 4(6) thereof,

Whereas:

Regulation (EC) No 78/2009 is one of the separate regulatory acts under the type-approval procedure laid down by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 on 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’)^f2.

Regulation (EC) No 78/2009 sets out the basic requirements for the protection of pedestrians and other vulnerable road users in the form of tests and limit values for the type-approval of vehicles and of frontal protection systems as separate technical units.

The tests set out in Regulation (EC) No 78/2009 are based on the requirements set out in Directive 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 and amending Council Directive 70/156/EEC^f3 and Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC^f4.

A study completed regarding the specifications of certain requirements set out in Directive 2003/102/EC^f5 indicated a need to provide amendments.

The technical prescriptions necessary to implement the requirements of Regulation (EC) No 78/2009 should be based on the specifications used in Commission Decision 2004/90/EC of 23 December 2003 on the technical prescriptions for the implementation of Article 3 of Directive 2003/102/EC of the European Parliament and of the Council relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Directive 70/156/EEC^f6 and Commission Decision 2006/368/EC of 20 March 2006 on the detailed technical requirements for carrying out the tests specified in Directive 2005/66/EC of the European Parliament and of the Council relating to the use of frontal protection systems on motor vehicles^f7.

The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles.

HAS ADOPTED THIS REGULATION: