Korea Automobile Manufacturers' Association (KAMA)

Summary of the initiative

Name
Korea Automobile Manufacturers' Association (KAMA)
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, on one hand, and the completion of parallel negotiations with the Japanese Automobile Manufacturers Association (JAMA) and Korean Automobile Manufacturers Association (KAMA). 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, 06 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.

The voluntary agreement 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

Obsolete case
    Sector

    Sector

    Contact Point - Commission
    GROW C.4

    Self/Co-Regulation Basic Act

    PRIVATE ACT
    Year
    2001
    Title of Act
    Voluntary agreement relating to the protection of pedestrians and cyclists agreement
    NON-LEGISLATIVE ACT
    Year
    2001
    Title of Act
    Communication from the Commission to the Council and the European Parliament, Pedestrian protection: Commitment by the European automobile industry, (COM/2001/0389 final);

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    High mortality of pedestrians hit by car;
    Target Group(s)
    Automotive sector
    Type of Instrument(s)
    Voluntary agreement
    Level(s) at which private rules should be defined and applied
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyes
    National public authority
    International public authority
    Private regulator (code owner)
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    Monitoring committee composed of the industry and consumer associations and Commission representatives;
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Results of Commission Monitoring

    Year of last Monitoring Results
    2004
    Scoring
    Link / Reference of Evaluation
    To date, no problems have been identified with the operation of the mentioned agreement. However, in most of their substance, this agreement was not considered sufficient by the European Parliament and the Council, inviting the Commission to submit legislative proposals. As a result, one directive was adopted by the legislator (2003/102/EC - but the directive did not replace whole basic act and part of this scheme is operational) and a second one was proposed by the Commission.