COUNCIL DIRECTIVE of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or sliding roof, the backrest and rear part of the seats) (74/60/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 which motor vehicles must satisfy pursuant to national laws relate, inter alia, to interior fittings for the protection of the occupants;
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 for the EEC type approval procedure, which was the subject of the Council Directive of 6 February 1970 (3) on the approximation of the 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 interior rear view mirrors have been laid down by the Council Directive of 1 March 1971 (4) and requirements should also be drawn up for the interior fittings of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats ; whereas other requirements will be adopted subsequently on interior fittings and relating to the anchorages for safety belts and seats, head restraints, the protection of the driver against the steering unit and the layout of the controls;
Whereas harmonized requirements must reduce the risk or the severity of injuries of which motor vehicle drivers may be victims and thereby ensure road safety throughout the entire Community;
Whereas, with regard to technical requirements, it is appropriate to utilize basically those adopted by the United Nations Economic Commission for Europe in its Regulation No 21 ("Uniform requirements concerning the approval of vehicles with regard to their interior fittings") 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,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of the Directive, "vehicle" means any motor vehicle in category M1 (defined in Annex I of the Directive of 6 February 1970) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to such interior fittings of the vehicles as: - the interior parts of the passenger compartment other than the interior rear-view mirror or mirrors,
- the layout of the controls, (1)OJ No C 112, 27.10.1972, p. 14. (2)OJ No C 123, 27.11.1972, p. 32. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 68, 22.3.1971, p. 1.
- the roof or sliding roof,
- the backrest and rear part of the seats,
if these meet the requirements set out in the Annexes.
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 interior parts of the passenger compartment other than the interior rear-view mirror or mirrors,
- the layout of the controls,
- the roof or sliding roof,
- the backrest and the rear part of the seats,
if these items meet the requirements set out in the Annexes.
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 a 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 requirement of this Directive, the modification shall not be approved.
Article 5
Modifications which are necessary to adapt the provisions of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the approximation of the laws of Member States relating to the type approval of motor vehicles and their trailers.
Article 6
1. Member States shall put into force provisions necessary in order to comply with this Directive within eighteen months of its notification and shall immediately inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 December 1973.