COUNCIL DIRECTIVE of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts (76/115/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements with which motor vehicles must comply pursuant to national laws relate inter alia to safety belt anchorages;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (3), to be introduced in respect of each type of vehicle;
Whereas common requirements for the interior fittings of the passenger compartment, the layout of the controls, the roof, the backrest and rear part of the seats were laid down by Directive 74/60/EEC (4) ; whereas common requirements on interior fittings relating to the behaviour of the steering mechanism in the event of impact were laid down by Directive 74/297/EEC (5) ; whereas common requirements concerning the strength of seats and their anchorages were laid down by Directive 74/408/EEC (6); whereas other requirements will be adopted subsequently concerning interior fittings, and in particular safety belts, head restraints and the identification of controls;
Whereas approximation of the national laws relating to motor vehicles entails recognition by the Member States of the checks carried out by each of them on the basis of the common requirements ; whereas, for it to operate effectively, such a system calls for the implementation of these requirements by all of the Member States with effect from the same date,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive applies to anchorages for motor vehicle safety belts intended for adult occupants of forward-facing seats.
Article 2
For the purposes of this Directive, "vehicle" means any motor vehicle in category M 1 (defined in Annex I to Directive 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 3
No Member State may refuse to grant EEC type-approval or national type-approval of a motor vehicle on grounds relating to the anchorages for safety belts if these anchorages comply with the requirements laid down in Annexes I, III and IV.
Article 4
No Member State may refuse or prohibit the sale, registration, entry into service or use of any motor vehicle on grounds relating to the anchorages for (1)OJ No C 5, 8.1.1975, p. 41. (2)OJ No C 47, 27.2.1975, p. 45. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 38, 11.2.1974, p. 2. (5)OJ No L 165, 20.6.1974, p. 16. (6)OJ No L 221, 12.8.1974, p. 1.
safety belts if these anchorages comply with the requirements laid down in Annexes I, III and IV.
Article 5
A Member State which has granted type-approval shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in Annex I, point 1.1. The competent authorities of that Member State shall determine whether fresh tests should be carried out on the modified vehicle type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 6
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 7
1. Member States shall, before 1 October 1976, adopt and publish the provisions necessary to comply with this Directive and shall immediately inform the Commission thereof.
They shall apply these provisions with effect from 1 January 1977.
2. Once this Directive has been notified, the Member States shall also ensure that the Commission is informed of all draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive in sufficient time to enable it to submit its comments.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 18 December 1975.