L 35/32 Official Journal of the European Union 4.2.2009 REGULATION (EC) No 79/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/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 (?), Whereas: The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. To that end, a comprehen- sive Community type-approval system for motor vehicles is in place. The technical requirements for the type- approval of motor vehicles with regard to hydrogen pro- pulsion should be harmonised to avoid the adoption of different requirements in different Member States and to ensure the proper functioning of the internal market while, at the same time, ensuring a high level of environmental protection and public safety. This Regulation is a separate regulation for the purposes of the Community type-approval procedure provided for by 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) (3). Therefore, Annexes IV, VI and XI to that Directive should be amended accordingly. (*) Opinion delivered on 9 July 2008. (?) Opinion of the European Parliament of 3 September 2008 (not yet published in the Official Journal) and Council Decision of 16 Decem- ber 2008. () OJL 263,9.10.2007, p. 1. G) (6) Following the request of the European Parliament, a new regulatory approach has been applied to EC vehicle legis- lation. This Regulation should therefore lay down only fundamental provisions on requirements for the type- approval of hydrogen systems and components, whereas the technical specifications should be laid down by imple- menting measures adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers con- ferred on the Commission (*). In particular, the Commission should be empowered to establish the requirements and test procedures relating to new forms of hydrogen storage or usage, additional hydro- gen components and the propulsion system. The Commis- sion should also be empowered to establish specific procedures, tests and requirements with regard to the impact protection of hydrogen-powered vehicles and inte- grated system safety requirements. Since those measures are of general scope and are designed to amend non- essential elements of this Regulation by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. In the transport sector, one of the main aims should be a greater proportion of more environmentally friendly vehicles. Additional efforts should be undertaken in order to place more of those vehicles on the market. The intro- duction of vehicles with alternative fuels can significantly improve the quality of urban air and consequently also the state of public health. Hydrogen is considered as a clean way of powering vehicles for the future, on the way towards a pollution-free economy based on the reuse of raw materials and on renewable energy resources, as vehicles propelled with hydrogen emit neither carbon-based pollutants nor green- house gases. Since hydrogen is an energy vector and not an energy source, the climate-policy value of hydrogen power depends on the source from which the hydrogen is obtained. Care should therefore be taken that hydrogen fuel is produced in a sustainable manner, as far as possible from renewable energy resources, so that the overall envi- ronmental balance of introducing hydrogen as a fuel for motor vehicles is positive. (%) OJ L 184,17.7.1999, p. 23.