Association of European Automobile Manufacturers (ACEA)
Summary of the initiative
Name of Private Regulator:Association of European Automobile Manufacturers (ACEA)
Objective(s):Improve the protection of pedestrians and other road users from injury stemming from a collision with motor vehicles. The voluntary commitment sets new standards for all new types of motor vehicles concerning bumpers, anti-lock brake systems and daytime running lights. In the Communication approved by the Commission on 21 December 2000, the Commission decided to undertake discussions with the European Automobile Manufacturers Association (ACEA) with a view to reaching a self-commitment that would meet the Commission's objectives in this area. The Commission also agreed to undertake parallel negotiations with the Japanese and Korean Manufacturers Associations (JAMA and KAMA, respectively). On 11 July 2001, the Commission adopted a Communication welcoming the voluntary agreement signed by the European Automobile Manufacturers Association (ACEA) to improve pedestrian protection. (The Japanese Automobile Manufacturers Association (JAMA) and Korean Automobile Manufacturers Association (KAMA) signed a similar agreement later in the year). A Directive was nevertheless proposed and approved in 2003 as a compromise between the Council's unanimous backing of the industry commitments and the European Parliament's support of its contents on the one hand and the request for legislation on the other (cf. The 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, 6 December 2003). Although this Directive incorporates most of the substance of the voluntary agreement, some elements in the agreement remain voluntary and are not covered by legislation, namely the introduction of Anti-lock Brake Systems (ABS) as standard equipment in all new passenger cars, the withdrawal of rigid bull-bars from these vehicles and the commitment to install progressively additional active safety devices in all new vehicles. This initiative has been fully abandoned. Already in 2003 it became evident that legislation needed to be introduced (Directive 2003/102/EC as supplemented by Commission Decision 2004/90/EC) and it has been completely overhauled in 2009. This was done through Regulation (EC) No 78/2009, implemented by Regulation (EC) No 631/2009 (as amended by 458/2011). In the meantime a harmonized international UNECE Regulation No 127 has been implemented (recognised as equivalent in the EU when indeed combined with a compliant UNECE Regulation No 13-H braking system including Brake Assist System (BAS)). That UNECE regulation entered into force on 17 November 2012 and was by virtue of accession by the EU immediately recognized as equivalent in terms of the relevant scope. There is no sunset clause or other transitional provisions foreseen at this moment. Since then, there is no room anymore for voluntary agreements in this area.
Description of the Initiative