COUNCIL DIRECTIVE of 22 July 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages) (74/408/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;
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to interior fittings for the strength of seats and their anchorages;
Whereas these 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 regulations in order, in particular, to allow of the EEC type-approval procedure, which was the subject of Council Directive No 70/156/EEC (2) of 6 February 1970 on the approximation of laws of the Member States relating to the type-approval of motor vehicles and their trailers, to be applied 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 backrests and the rear part of the seats have been laid down by Council Directive No 74/60/EEC (3) of 17 December 1973 ; whereas requirements for the internal fittings for the behaviour of the steering mechanism in the event of an impact have been laid down by Council Directive 74/297/EEC (4) of 4 June 1974 ; whereas other requirements for the internal fittings, and in particular those relating to the head restraint, the seat belt anchorages and the layout of the controls, will be adopted at a later date;
Whereas it is appropriate to utilize basically certain technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 17 (5) (Uniform provisions concerning the approval of vehicles with regard to the strength of the seats and of their anchorages) which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;
Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by (1)OJ No C 108, 10.12.1973, p. 75. (2)OJ No L 42, 23.2.1970, p. 1. (3)OJ No L 38, 11.2.1974, p. 2. (4)OJ No L 165, 20.6.1974, p. 16. (5) PIC FILE= "T
Member States of inspection carried out by each of them on the basis of common provisions ; whereas such a system must, if it is to function smoothly, be applied by all Member States with effect from the same date,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. For the purposes of this Directive, "vehicle" means any motor vehicle designed for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural and forestry tractors and machinery and public works vehicles.
2. This Directive does not apply to seats with built-in seat belt anchorages, to folding ("tip-up") seats, or to side-facing or rearward-facing seats.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the strength of the seats or their anchorages if these meet the requirements set out in Annexes I and II when the vehicle belongs to category M1, and the requirements set out in Annex III when the vehicle belongs to categories M2, M3, N1, N2 or N3. The vehicle categories are defined in Annex I to Directive No 70/156/EEC.
Article 3
No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the strength of the seats or their anchorages if these meet the requirements set out in Annex I and II when the vehicle belongs to category M1, and the requirements of Annex III when the vehicle belongs to categories M2, M3, N1, N2 or N3.
Article 4
The Member State which has granted type-approval must take the necessary measures to ensure that it is informed of any modification of any part or characteristic referred to in Annex I, 2.2. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle 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 5
Modifications which are necessary to adapt the provisions of Annexes I to IV to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive No 70/156/EEC.
Article 6
1. By 1 March 1975, the Member States shall adopt and publish the provisions necessary to comply with this Directive and shall immediately inform the Commission thereof.
They shall apply these provisions from 1 October 1975.
2. As soon as this Directive has been notified, the Member States shall ensure that any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive are communicated to the Commission in sufficient time for the latter to submit its comments thereon.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 22 July 1974.