4.2.2009 Official Journal of the European Union L 35/1 (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, 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), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: 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. (1) 0J C 211, 19.8.2008, p. 9. (?) Opinion of the European Parliament of 18 June 2008 (not yet 2 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) (). In order to achieve the aims set out in recital 1 of this Regu- lation, Annexes [, I1I, 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 (°) 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. () OJ L 263, 9.10.2007, p. 1. (4 OJ L 321, 6.12.2003, p. 15. () OJ L 309, 25.11.2005, p. 37. published in the Official Journal) and Council Decision of 16 December 2008.