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I Information

Council

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COMMON POSITION (EC) No 14/2005

adopted by the Council on 20 December 2004

with a view to adopting Directive 2003/.../EC of the European Parliament and of the Council of ... concerning the management of bathing water quality and repealing Directive 76/160/EEC

(2005/C 111 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose and scope

1.   This Directive lays down provisions for:

2.   The purpose of this Directive is to preserve, protect and improve the quality of the environment and to protect human health by complementing Directive 2000/60/EC.

3.   This Directive shall apply to any element of surface water where the competent authority expects a large number of people to bathe and has not imposed a permanent prohibition on, or issued permanent advice against, bathing (hereinafter bathing water). It shall not apply to:

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply.

CHAPTER II

QUALITY AND MANAGEMENT OF BATHING WATER

Article 3

Monitoring

1.   Member States shall annually identify all bathing waters and define the length of the bathing season. They shall do so for the first time before the start of the first bathing season following the date referred to in Article 18(1).

2.   Member States shall ensure that monitoring of the parameters set out in Annex I, column A, takes place in accordance with Annex IV.

3.   The monitoring point shall be the location within the bathing water where:

4.   A monitoring calendar for each bathing water shall be established before the start of each bathing season and for the first time before the start of the third full bathing season after the entry into force of this Directive. Monitoring shall take place no later than four days after the date specified in the monitoring calendar.

5.   Member States may introduce monitoring of the parameters set out in Annex I, column A, during the first full bathing season following the entry into force of this Directive. In that case, monitoring shall take place with the frequency specified in Annex IV. The results of such monitoring may be used to build up the sets of bathing water quality data referred to in Article 4. As soon as Member States introduce monitoring under this Directive, monitoring of the parameters set out in the Annex to Directive 76/160/EEC may cease.

6.   Samples taken during short-term pollution may be disregarded. They shall be replaced by samples taken in accordance with Annex IV.

7.   During abnormal situations, the monitoring calendar referred to in paragraph 4 may be suspended. It shall be resumed as soon as possible after the end of the abnormal situation. New samples shall be taken as soon as possible after the end of the abnormal situation to replace samples that are missing due to the abnormal situation.

8.   Member States shall report any suspension of the monitoring calendar to the Commission, giving the reasons for the suspension. They shall provide such reports on the occasion of the next annual report provided for in Article 13 at the latest.

9.   Member States shall ensure that the analysis of bathing water quality takes place in accordance with the reference methods specified in Annex I and the rules set out in Annex V. However, Member States may permit the use of other methods or rules if they can demonstrate that the results obtained are equivalent to those obtained using the methods specified in Annex I and the rules set out in Annex V. Member States that permit the use of such equivalent methods or rules shall provide the Commission with all relevant information about the methods or rules used and their equivalence.

Article 4

Bathing water quality assessment

1.   Member States shall ensure that sets of bathing water quality data are compiled through the monitoring of the parameters set out in Annex I, column A.

2.   Bathing water quality assessments shall be carried out:

However, a Member State may decide to carry out bathing water quality assessments on the basis of the set of bathing water quality data compiled in relation to the preceding three bathing seasons only. If it so decides, it shall notify the Commission beforehand. It shall also notify the Commission if it subsequently decides to revert to carrying out assessments on the basis of four bathing seasons. Member States may not change the applicable assessment period more than once every five years.

3.   Sets of bathing water data used to carry out bathing water quality assessments shall always comprise at least 16 samples or, in the special circumstances referred to in Annex IV, paragraph 2, 12 samples.

4.   However, provided that either:

a bathing water quality assessment may be carried out on the basis of a set of bathing water quality data relating to fewer than four bathing seasons if:

5.   Member States may subdivide or group together existing bathing waters in the light of bathing water quality assessments. They may group existing bathing waters together only if these waters:

Article 5

Classification and quality status of bathing waters

1.   As a result of the bathing water quality assessment carried out in accordance with Article 4, Member States shall, in accordance with the criteria set out in Annex II, classify bathing water as:

2.   The first classification according to the requirements of this Directive shall be completed by the end of the 2015 bathing season.

3.   Member States shall ensure that, by the end of the 2015 bathing season, all bathing waters are at least ‘sufficient’. They shall take such realistic and proportionate measures as they consider appropriate with a view to increasing the number of bathing waters classified as ‘excellent’ or ‘good’.

4.   However, notwithstanding the general requirement of paragraph 3, bathing waters may temporarily be classified as ‘poor’ and still remain in compliance with this Directive. The reasons for the failure to achieve ‘sufficient’ quality status shall have been identified. In such cases, Member States shall ensure that the following conditions are satisfied:

5.   Whenever a permanent bathing prohibition or permanent advice against bathing is introduced, the public shall be informed that the area concerned is no longer a bathing water, with reasons being given for its declassification.

Article 6

Bathing water profiles

1.   Member States shall ensure that bathing water profiles are established in accordance with Annex III. Each bathing water profile may cover a single bathing water or more than one contiguous bathing waters. Bathing water profiles shall be established for the first time by ... (11).

2.   Bathing water profiles shall be reviewed and updated as provided for in Annex III.

3.   When establishing, reviewing and updating bathing water profiles, adequate use shall be made of data obtained from monitoring and assessments carried out pursuant to Directive 2000/60/EC that are relevant for this Directive.

Article 7

Management measures in exceptional circumstances

Member States shall ensure that timely and adequate management measures are taken when they are aware of unexpected situations that have, or could reasonably have, an adverse impact on bathing water quality and on bathers' health. Such measures shall include information to the public and, if necessary, a temporary prohibition on bathing.

Article 8

Cyanobacterial risks

1.   When the bathing water profile indicates a potential for cyanobacterial proliferation, appropriate monitoring shall be carried out to enable timely identification of health risks.

2.   When cyanobacterial proliferation occurs and a health risk has been identified or presumed, adequate management measures shall be taken immediately to prevent exposure, including information to the public.

Article 9

Other parameters

1.   When the bathing water profile indicates a tendency for proliferation of macro-algae and/or marine phytoplankton, investigations shall be undertaken to determine their acceptability and health risks and adequate management measures shall be taken, including information to the public.

2.   Bathing waters shall be inspected visually for pollution such as tarry residues, glass, plastic, rubber or any other waste. When such pollution is found, adequate management measures shall be taken, including, if necessary, information to the public.

Article 10

Cooperation on transboundary waters

Wherever a river basin gives rise to transboundary impacts on bathing water quality, the Member States involved shall cooperate as appropriate in implementing this Directive, including through the appropriate exchange of information and joint action to control those impacts.

CHAPTER III

EXCHANGE OF INFORMATION

Article 11

Public participation

Member States shall encourage public participation in the implementation of this Directive by providing opportunities for the public concerned to formulate suggestions, remarks or complaints. Competent authorities shall take due account of any information obtained.

Article 12

Information to the public

1.   Member States shall ensure that the following information is actively disseminated and promptly made available during the bathing season in an easily accessible place in the near vicinity of each bathing water:

2.   Member States shall use appropriate media and technologies, including the Internet, to actively and promptly disseminate the information concerning bathing waters referred to in paragraph 1 and also the following information:

The list referred to in point (a) shall be available each year before the start of the bathing season. The results of monitoring shall be made available within a week.

3.   The information referred to in paragraphs 1 and 2 shall be disseminated as soon as it is available and with effect from the start of the fifth bathing season following the date referred to in Article 18(1).

4.   Member States and the Commission shall, wherever possible, provide information to the public using geo-referenced technology and present it in a clear and coherent manner, in particular through the use of signs and symbols.

Article 13

Reports

1.   Member States shall provide the Commission with the results of the monitoring and with the bathing water quality assessment for each bathing water, as well as with a description of significant management measures taken. Member States shall provide this information annually by 31 December in relation to the preceding bathing season. They shall begin providing it once the first bathing water quality assessment has been carried out in accordance with Article 4.

2.   Member States shall notify the Commission annually before the start of the bathing season of all waters identified as bathing waters, including the reason for any change compared to the preceding year. They shall do so for the first time before the start of the first bathing season following the date referred to in Article 18(1).

3.   When monitoring of bathing water has started under this Directive, annual reporting to the Commission in accordance with paragraph 1 shall continue to take place pursuant to Directive 76/160/EEC until a first assessment can be made under this Directive. During that period, parameter 1 of the Annex to Directive 76/160/EEC shall not be taken into account in the annual report, and parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be assumed to be equivalent to parameters 2 and 1 of column A of Annex I to this Directive.

4.   The Commission shall publish an annual summary report on bathing water quality in the Community, including bathing water classifications, conformity with this Directive and significant management measures undertaken. The Commission shall publish this report by 30 April every year, including via the Internet. When establishing the report the Commission shall, wherever possible, make best use of data collection, assessment and presentation systems under related Community legislation, in particular Directive 2000/60/EC.

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1.   The Commission shall, by 2018, submit a report to the European Parliament and to the Council reviewing the implementation of this Directive.

2.   The report shall have particular regard to:

3.   In the light of that report, and of an extended impact assessment, the Commission may, if appropriate, accompany its report with proposals for amendment of this Directive.

Article 15

Technical adaptations and implementing measures

It may be decided in accordance with the procedure referred to in Article 16(2):

Article 16

Committee procedure

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

Article 17

Repeal

1.   Directive 76/160/EEC is hereby repealed with effect from 31 December 2014. Subject to paragraph 2, this repeal shall be without prejudice to Member States' obligations concerning the time limits for transposition and application set out in the repealed Directive.

2.   As soon as a Member State has taken all necessary legal, administrative and practical measures to comply with this Directive, this Directive will be applicable, replacing Directive 76/160/EEC.

3.   References to the repealed Directive 76/160/EEC shall be construed as being made to this Directive.

Article 18

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (12). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field covered by this Directive.

Article 19

Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 20

Addressees

This Directive is addressed to Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

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(1)OJ C 220, 16.9.2003, p. 39.

(2)OJ C 244, 10.10.2003, p. 31.

(3)  Opinion of the European Parliament of 21 October 2003 (OJ C 82 E, 1.4.2004, p. 115). Council Common Position of 20 December 2004 and Position of the European Parliament of ... (not yet published in the Official Journal).

(4)OJ L 242, 10.9.2002, p. 1.

(5)OJ L 31, 5.2.1976, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(6)OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(7)OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

(8)OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

(9)OJ L 184, 17.7.1999, p. 23.

(10)OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).

(11)  Six years after the date of entry into force of this Directive.

(12)  Three years after the date of entry into force of this Directive.

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ANNEX I

FOR INLAND WATERS

FOR COASTAL WATERS AND TRANSITIONAL WATERS

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(1)  Based upon a 95-percentile evaluation. See Annex II.

(2)  Based upon a 90-percentile evaluation. See Annex II.

(3)  Based upon a 95-percentile evaluation. See Annex II.

(4)  Based upon a 90-percentile evaluation. See Annex II.

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ANNEX II

BATHING WATER ASSESSMENT AND CLASSIFICATION

1.   POOR QUALITY

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality data for the last assessment period (1), the percentile values (2) for microbiological enumerations are worse (3) than the ‘sufficient’ values set out in Annex I, column D.

2.   SUFFICIENT QUALITY

Bathing waters are to be classified as ‘sufficient’:

3.   GOOD QUALITY

Bathing waters are to be classified as ‘good’:

4.   EXCELLENT QUALITY

Bathing waters are to be classified as ‘excellent’:

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(1)  ‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Article 4(2) or (4).

(2)  Based upon percentile evaluation of the log10 normal probability density function of microbiological data acquired from the particular bathing water, the percentile value is derived as follows:

The upper 90-percentile point of the data probability density function is derived from the following equation: upper 90-percentile = antilog (μ + 1,282 σ ).

The upper 95-percentile point of the data probability density function is derived from the following equation: upper 95-percentile = antilog (μ + 1,65 σ ).

(3)  ‘Worse’ means with higher concentration values expressed in cfu/100 ml.

(4)  ‘Better’ means with lower concentration values expressed in cfu/100 ml.

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ANNEX III

THE BATHING WATER PROFILE

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ANNEX IV

BATHING WATER MONITORING

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ANNEX V

RULES ON THE HANDLING OF SAMPLES FOR MICROBIOLOGICAL ANALYSES

1.   SAMPLING POINT

Where possible, samples are to be taken 30 centimetres below the water's surface and in water that is at least one metre deep.

2.   STERILISATION OF SAMPLE BOTTLES

Sample bottles are:

3.   SAMPLING

The volume of the sampling bottle/container is to depend on the quantity of water needed for each parameter to be tested. The minimum content is generally 250 ml.

Sample containers are to be of transparent and non-coloured material (glass, polyethene or polypropylene).

In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical gloves or tongs or sample pole) if this is done properly.

The sample is to be clearly identified in indelible ink on the sample and on the sampling form.

4.   STORAGE AND TRANSPORT OF SAMPLES BEFORE ANALYSIS

Water samples are to be protected at all stages of transport from exposure to light, in particular direct sunlight.

The sample is to be conserved at a temperature of around 4 °C, in a cool box or refrigerator (depending on climate) until arrival at the laboratory. If the transport to the laboratory is likely to take more than four hours, then transport in a refrigerator is required.

The time between sampling and analysis is to be kept as short as possible. It is recommended that samples be analysed on the same working day. If this is not possible for practical reasons, then the samples are to be processed within no more than 24 hours. In the meantime, they are to be stored in the dark and at a temperature of 4 °C ± 3 °C.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission adopted its proposal (1) for a new Directive on bathing water quality in October 2002 and its amended proposal in April 2004.

The European Parliament adopted its first-reading opinion in October 2003. (2)

The Economic and Social Committee adopted its opinion in June 2003. (3)

The Committee of the Regions adopted its opinion in April 2003. (4)

The Council adopted its common position on 20 December 2004.

II.   OBJECTIVE

The new Directive would repeal and replace Directive 76/160/EEC. Its aim is to enhance public health protection by strengthening the standards for bathing water quality and modernising the legal framework for its management. It would in particular:

III.   ANALYSIS OF THE COMMON POSITION

1.   General

The common position incorporates the majority of the European Parliament's first-reading amendments, either verbatim, in part or in spirit. However, it does not reflect a number of amendments because:

It also includes a number of other changes. The following sections describe the changes of substance. In addition, there are drafting changes to clarify the text or to ensure the overall coherence of the Directive.

2.   Purpose, scope and definitions (Articles 1 and 2)

Article 1(1) is partly consistent with European Parliament amendment 65. However, the Council cannot agree to extend the scope of the Directive beyond bathing to apply to other recreational activities. Consequently, the common position includes no reference to such activities and does not incorporate amendments 5, 7 or 22.

The definition of ‘bathing water’ now appears in Article 1(3), since this term determines the scope of the Directive.

Article 2 incorporates further definitions from the water framework Directive and is consistent with European Parliament amendment 10. It also defines other key terms, namely ‘competent authority’, ‘permanent’, ‘large number’, ‘pollution’, ‘short term pollution’, ‘cyanobacterial proliferation’ and ‘public concerned’.

3.   Monitoring (Article 3 and Annexes IV and V)

Article 3 is broadly consistent with European Parliament amendments 11, 52 and 54, but provides more flexibility regarding the location of the monitoring point. It also contains provisions on short term pollution and provides for the use of equivalent methods and rules under certain conditions, some of which may be clarified through comitology.

Annex IV provides for an increased minimum sampling requirement compared to the Commission's original proposal, to increase the reliability of the statistical methodology. However, it also makes allowances for the particularly short bathing seasons prevailing in the north of the EU and special geographical constraints (e.g., remote islands). There is no longer any direct link between the sampling frequency and classification.

Annex V is consistent with European Parliament amendment 35 and, in part, with amendment 75.

4.   Quality assessment (Article 4)

The common position adopts four bathing seasons as the normal assessment period, but provides Member States with the option of choosing a period of three seasons under certain conditions. It indicates the minimum number of samples required and the circumstances in which the subdivision or grouping together of bathing waters may take place.

5.   Classification and quality status (Article 5 and Annexes I and II)

Article 5 incorporates several key innovations compared to the Commission's original proposal. In particular it would:

Annex I would provide for classifications to take place on the basis of two microbiological parameters. Requirements concerning other types of pollution would remain (Article 9), but would not affect classification. Therefore the common position does not incorporate European Parliament amendment 31.

Annex I provides for evaluations based on both a 95 and 90-percentile. The limit values for the ‘excellent’ and ‘good’ classifications would be based on a 95-percentile evaluation, while that for ‘sufficient’ would be based on a 90-percentile evaluation to reduce the risk of statistical anomalies when using a small data set.

There are distinct limit values for inland and coastal waters. The scientific evidence currently available suggests that the presence of the same level of microbiological contamination represents a higher health risk in salt water than in fresh water.

The heading of column E is consistent with European Parliament amendment 57.

Annex II is consistent with the broad principle underlying European Parliament amendment 19, in that it provides that short term pollution would not affect a bathing water's classification if the competent authority takes appropriate measures to protect bathers' health.

6.   Bathing water profile (Article 6 and Annex III)

The common position clarifies that there could be a single profile for contiguous bathing waters. It extends the deadline for the establishment of the first profiles and the interval between reviews, in recognition of the workload involved.

Annex III is consistent with European Parliament amendments 32 and 34.

7.   Public participation (Article 11)

The common position is consistent with part of European Parliament amendment 20. The definition of the ‘public concerned’ in Article 2 clearly includes interested parties at the local level. The remainder of the amendment is superfluous in view of Article 18 and Directive 2003/4/EC.

8.   Information to the public (Article 12)

The common position groups all the general requirements to inform the public together in a single Article. These requirements are consistent with the aims of European Parliament amendments 15 and 18.

By encouraging the use of signs and signals and providing for the adoption of harmonized rules in this area through comitology (Articles 12(4) and 15(1)(b)), the common position is partly consistent with the objectives of amendments 21, 23 and 27 (and, reading these provisions together with Article 7, amendment 24).

It is also consistent with amendment 26 and part of amendment 25 in that it requires information to be available promptly on the internet.

9.   Report and review (Article 14)

The Council agrees with the European Parliament that the Commission should review the implementation and operation of the Directive. The common position is therefore consistent with the aim of amendment 28. However, it specifies some key issues that the Commission's report should address, particularly:

10.   Comitology (Articles 15 and 16)

The common position contains a single provision listing the technical decisions that could be taken through comitology (Article 15).

However, the Council believes that these decisions should be optional, not mandatory. Moreover, it cannot agree to the addition of new parameters on virus detection through comitology. Consequently, the common position does not incorporate European Parliament amendments 29 and 30.

11.   Other

In addition the common position contains:

IV.   CONCLUSION

The Council believes that the common position represents a balanced package of measures that would permit a much needed updating of Community rules on bathing water quality and enhance the level of public health protection in a staged and reasonable manner without placing an undue burden on the authorities concerned. It looks forward to constructive discussions with the European Parliament with a view to the early adoption of the Directive.

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(1)OJ C 45 E, 25.2.2003, p. 127.

(2)OJ C 82 E, 1.4.2004, p. 115.

(3)OJ C 220, 16.9.2003, p. 39.

(4)OJ C 244, 10.10.2003, p. 31.

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COMMON POSITION (EC) No 15/2005

adopted by the Council on 22 December 2004

with a view to adopting Regulation (EC) No .../2005 of the European Parliament and of the Council of ... amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles

(Text with EEA relevance)

(2005/C 111 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(d) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS REGULATION:

Article 1

The following Article shall be inserted in Title IV of the 1990 Schengen Convention:

‘Article 102a

1.   Notwithstanding Articles 92(1), 100(1), 101(1) and (2), 102(1), (4) and (5), the services in the Member States responsible for issuing registration certificates for vehicles, as referred to in Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (8), shall have the right to have access to the following data entered into the Schengen Information System, for the sole purpose of checking whether vehicles presented to them for registration have been stolen, misappropriated or lost:

Subject to paragraph 2, the national law of each Member State shall govern access to those data by those services.

2.   The services referred to in paragraph 1 that are government services shall be entitled to search directly the data entered in the Schengen Information System referred to in that paragraph.

The services referred to in paragraph 1 that are not government services shall have access to data entered in the Schengen Information System referred to in that paragraph only through the intermediary of an authority as referred to in Article 101(1). That authority shall be entitled to search directly the data and to pass them on to those services. The Member State concerned shall ensure that those services and their employees are obliged to respect any limitations on the permissible use of data passed on to them by the authority.

3.   Article 100(2) shall not apply to a search made in accordance with this Article. The communication by services as referred to in paragraph 1 to the police or judicial authorities of information brought to light by a search of the Schengen Information System which gives rise to suspicion of a criminal offence shall be governed by national law.

Article 2

1.   This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

2.   It shall apply from ... (9).

3.   For those Member States in which the provisions of the Schengen acquis relating to the SIS do not yet apply, this Regulation shall apply within six months after the date on which those provisions are put into effect for them, as specified in the Council Decision ... adopted to that effect in accordance with the applicable procedures.

4.   The content of this Regulation shall become binding for Norway 270 days after the date of its publication in the Official Journal of the European Union.

5.   Notwithstanding the notification requirements laid down in Article 8(2)(c) of the Schengen Association Agreement with Norway and Iceland (10), Norway shall, before the date referred to in paragraph 4, notify the Council and the Commission that the constitutional requirements for becoming bound by the contents of this Regulation have been fulfilled.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

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(1)OJ C 110, 30.4.2004, p. 1.

(2)  Opinion of the European Parliament of 1 April 2004 (OJ C 103 E, 29.4.2004, p. 794) and Council Decision of ...

(3)OJ L 138, 1.6.1999, p. 57. Directive as last amended by Commission Directive 2003/127/EC (OJ L 10, 16.1.2004, p. 29).

(4)OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004, p. 29).

(5)OJ C 34, 7.2.2004, p. 18.

(6)OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(7)OJ L 176, 10.7.1999, p. 31.

(8)OJ L 138, 1.6.1999, p. 57. Directive as last amended by Commission Directive 2003/127/EC (OJ L 10, 16.1.2004, p. 29).’

(9)  Six months from the day of publication of this Regulation.

(10)OJ L 176, 10.7.1999, p. 36.

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STATEMENT OF THE COUNCIL'S REASONS

INTRODUCTION

AMENDMENTS

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(1)OJ C 103 E, 29.4.2004, p. 794.

(2)  The outcome of the Parliament's first reading is set out in document 7965/04 CODEC 485 SIRIS 49 COMIX 231.

(3)  See document 7965/04 CODEC 485 SIRIS 49 COMIX 231.

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COMMON POSITION (EC) No 16/2005

adopted by the Council on 24 January 2005

with a view to adopting Directive 2005/.../EC of the European Parliament and of the Council of ... amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

(Text with EEA relevance)

(2005/C 111 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 76/115/EEC

Directive 76/115/EEC is amended as follows:

Article 2

Measures envisaged for disabled people

No later than ... (8), the Commission shall examine specific procedures to harmonise requirements for anchorages intended solely for use in conjunction with a disabled person's belt, or any other restraint system mentioned in Article 2a of Directive 77/541/EEC, based upon existing international standards and national legal requirements, in order to provide an equivalent level of safety to this Directive. If appropriate, the Commission shall present draft measures. Amendments to this Directive shall be adopted in accordance with Article 13 of Directive 70/156/EEC.

Article 3

Implementation

1.   As from ... (9), with respect to the anchorages for safety belts which comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall not:

2.   As from ... (10), with respect to the anchorages for safety belts which do not comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall, in respect of a new type of vehicle:

3.   As from ... (11), with respect to the anchorages for safety belts which do not comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall:

Article 4

Transposition

1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before ... (12). They shall forthwith inform the Commission thereof.

2.   They shall apply these provisions from ... (13).

3.   When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

4.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 6

Addressees

This Directive is addressed to the Member States.

Done at Brussels, ...

For the European Parliament

The President

For the Council

The President

----

(1)OJ C 80, 30.3.2004, p. 8.

(2)  Opinion of the European Parliament of 17 December 2003 (OJ C 91 E, 15.4.2004, p. 496), Council Common Position of 24 January 2004 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)OJ C 68, 24.3.1986, p. 35.

(4)OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

(5)OJ L 24, 30.1.1976, p. 6. Directive as last amended by Commission Directive 96/38/EC (OJ L 187, 26.7.1996, p. 95).

(6)OJ L 42, 13.2.2002, p. 1.’

(7)OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of Accession.’

(8)  24 months after the date referred to in Article 4(2).

(9)  The date referred to in Article 4(2).

(10)  Six months after the date referred to in paragraph 1.

(11)  18 months after the date referred to in paragraph 1.

(12)  Six months after the date of entry into force of this Directive.

(13)  Six months and one day after the date of entry into force of this Directive.

----

STATEMENT OF THE COUNCIL REASONS

I.   INTRODUCTION

The proposed directive, presented by the Commission on 20 June 2003 (1), is based on Article 95 of the EC Treaty.

The European Economic and Social Committee delivered an opinion (2) on 10 December 2003.

The European Parliament completed its first reading and delivered an opinion on 17 December 2003 (3).

On 24 January 2005 the Council adopted its common position as set out in doc. 11933/04.

II.   OBJECTIVE

The proposed directive aims to amend Council Directive 76/115/EEC of 18 December 1975, as last amended by Commission Directive 96/38/EC, on the approximation of the laws of the Member States relating to anchorages for motor-vehicles safety belts in order to impose the fitting of safety belts in motor vehicles other than passenger cars.

The following two directives concern as well the installation of safety belts in relation to vehicles:

With a view to the compulsory installation of safety belts in all vehicles, the Commission has proposed to amend the three directives simultaneously, for technical reasons.

Taking into account that the final objective of the proposed action is to improve road safety, the directives should be adopted at the same time and be implemented at the same date.

III.   ANALYSIS OF THE COMMON POSITION

1.   General

In the common position which was adopted unanimously, the Council:

2.   New elements contained in the common position as compared with the Commission proposal

Article 1, point 2

The text of the Commission has been completed by specific provisions related to anchorages for safety belts and restraint systems intended for disabled people, allowing those anchorages to be exempted from the technical provisions of the Directive.

Article 2

A new article has been added to invite the Commission to present, if appropriate, draft measures in order to harmonise the national legislation applicable to safety belts and restraint systems intended for disabled people.

Article 3 (ex Article 2)

All the dates concerning the implementation of the directive have been postponed and replaced by mobile dates depending on the date of adoption of this new Directive.

IV.   CONCLUSION

The common position, broadly in line with the Commission proposal, has been unanimously adopted by the Council. The main changes to the Commission proposal concern the exemption permitted with respect to anchorages for safety belts and restraint systems for disabled people and the dates of transposition and of entry into force of this Directive which have been adapted.

----

(1)  Doc. 10887/03 ENT 114 CODEC 908.

(2)OJ C 80, 30.3.2004, p. 8.

(3)OJ C 91 E, 15.4.2004, p. 496.

----

----

COMMON POSITION (EC) No 17/2005

adopted by the Council on 24 January 2005

with a view to adopting Directive 2005/.../EC of the European Parliament and of the Council of ... amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles

(Text with EEA relevance)

(2005/C 111 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 77/541/EEC

Directive 77/541/EEC is hereby amended as follows:

Article 2

Measures envisaged for disabled people

No later than ... (9), the Commission shall examine specific procedures to harmonise requirements for safety belts intended for disabled people, based upon existing international standards and national legal requirements, in order to provide an equivalent level of safety to this Directive. If appropriate, the Commission shall present draft measures. Amendments to this Directive shall be adopted in accordance with Article 13 of Directive 70/156/EEC.

Article 3

Implementation

1.   As from ... (10), with respect to the installation of safety belts and/or restraint systems which comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall not:

2.   As from ... (11), with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall, in respect of a new type of vehicle:

3.   As from ... (12), with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall:

Article 4

Transposition

1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before ... (13). They shall forthwith inform the Commission thereof.

2.   They shall apply these provisions from ... (14).

3.   When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

4.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 6

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

----

(1)OJ C 80, 30.3.2004, p. 10.

(2)  Opinion of the European Parliament of 17 December 2003 (OJ C 91 E, 15.4.2004, p. 491), Council Common Position of 24 January 2004 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)OJ C 68, 24.3.1986, p. 35.

(4)OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

(5)OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of Accession.

(6)OJ L 178, 17.7.1996, p. 15.

(7)OJ L 42, 13.2.2002, p. 1.

(8)OJ L 42, 13.2.2002, p. 1.’;

(9)  24 months after the date referred to in Article 4(2).

(10)  The date referred to in Article 4(2).

(11)  Six months after the date referred to in paragraph 1.

(12)  18 months after the date referred to in paragraph 1.

(13)  Six months after the date of entry into force of this Directive.

(14)  Six months and one day after the date of entry into force of this Directive.

----

STATEMENT OF THE COUNCIL REASONS

I.   INTRODUCTION

The proposed Directive, presented by the Commission on 20 June 2003 (1), is based on Article 95 of the EC Treaty.

The European Economic and Social Committee delivered an opinion (2) on 10 December 2003.

The European Parliament completed its first reading and delivered an opinion on 17 December 2003 (3).

On 24 January 2005 the Council adopted its common position as set out in doc. 11934/04.

II.   OBJECTIVE

The proposed Directive aims to amend Council Directive 77/541/EEC of 28 June 1977, as last amended by Commission Directive 2003/3/EC, on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles in order to impose the fitting of safety belts in motor vehicles other than passenger cars.

The following two Directives concern as well the installation of safety belts in relation to vehicles:

With a view to the compulsory installation of safety belts in all vehicles, the Commission has proposed to amend the three Directives simultaneously, for technical reasons.

Taking into account that the final objective of the proposed action is to improve road safety, the Directives should be adopted at the same time and be implemented at the same date.

III.   ANALYSIS OF THE COMMON POSITION

1.   General

In the Common Position which was adopted unanimously, the Council:

2.   New elements contained in the Common Position as compared with the Commission proposal

Article 1, point 1

The text of the Commission has been replaced by a new text which allows safety belts and restraint systems intended for disabled people to be exempted from the technical provisions of the Directive.

Article 2

A new Article has been added to invite the Commission to present, if appropriate, draft measures in order to harmonise the national legislation applicable to safety belts and restraint systems intended for disabled people.

Article 3 (ex Article 2)

All the dates concerning the implementation of the Directive have been postponed and replaced by mobile dates depending on the date of adoption of this new Directive.

IV.   CONCLUSION

The common position, broadly in line with the Commission proposal, has been unanimously adopted by the Council. The main changes to the Commission proposal concern the exemption permitted with respect to safety belts and restraint systems for disabled people and the dates of transposition and of entry into force of this Directive which have been adapted.

----

(1)  Doc 10886/03 ENT 113 CODEC 907.

(2)OJ C 80, 30.3.2004, p. 10.

(3)OJ C 91 E, 15.4.2004, p. 491.

----

----

COMMON POSITION (EC) No 18/2005

adopted by the Council on 24 January 2005

with a view to adopting Directive 2005/.../EC of the European Parliament and of the Council of ... amending Council Directive 74/408/EEC on the approximation of the laws of the Member States relating to motor vehicles with regard to the seats, their anchorages and head restraints

(Text with EEA relevance)

(2005/C 111 E/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, 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:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 74/408/EEC

Directive 74/408/EEC is hereby amended as follows:

Article 2

Implementation

1.   As from ... (8), with respect to the seats, their anchorages and head restraints which comply with the requirements set out in Directive 74/408/EEC as amended by this Directive, Member States shall not:

2.   As from ... (9), with respect to the seats, their anchorages and head restraints which do not comply with the requirements set out in Directive 74/408/EEC as amended by this Directive, Member States shall, in respect of a new type of vehicle:

3.   As from ... (10), with respect to the seats, their anchorages and head restraints which do not comply with the requirements set out in Directive 74/408/EEC as amended by this Directive, Member States shall:

Article 3

Transposition

1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before ... (11). They shall forthwith inform the Commission thereof.

2.   They shall apply these provisions from ... (12).

3.   When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

4.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 4

Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

----

(1)OJ C 80, 30.3.2004, p. 6.

(2)  Opinion of the European Parliament of 17 December 2003 (OJ C 91 E, 15.4.2004, p. 487), Council Common Position of 24 January 2004 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)OJ C 68, 24.3.1986, p. 35.

(4)OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

(5)OJ L 221, 12.8.1974, p. 1. Directive as last amended by the 2003 Act of Accession.

(6)OJ L 186, 25.7.1996, p. 28.

(7)OJ L 42, 13.2.2002, p. 1.’;

(8)  The date referred to in Article 3(2).

(9)  Six months after the date referred to in paragraph 1.

(10)  18 months after the date referred to in paragraph 1.

(11)  Six months after the date of entry into force of this Directive.

(12)  Six months and one day after the date of entry into force of this Directive.

----

STATEMENT OF THE COUNCIL REASONS

I.   INTRODUCTION

The proposed directive, presented by the Commission on 20 June 2003 (1), is based on Article 95 of the EC Treaty.

The European Economic and Social Committee delivered an Opinion (2) on 10 December 2003.

The European Parliament completed its first reading and delivered an Opinion on 17 December 2003. (3)

On 24 January 2005 the Council adopted its Common Position as set out in doc. 11935/04.

II.   OBJECTIVE

The proposed directive aims to amend Council Directive 74/408/EEC of 22 July 1974, as last amended by Commission Directive 96/37/EC, on the approximation of the laws of the Member States relating to seats for motor vehicles in order to impose the fitting of safety belts in motor vehicles other than passenger cars.

The following two Directives concern as well the installation of safety belts in relation to vehicles:

With a view to the compulsory installation of safety belts in all vehicles, the Commission has proposed to amend the three Directives simultaneously, for technical reasons.

Taking into account that the final objective of the proposed action is to improve road safety, the Directives should be adopted at the same time and be implemented at the same date.

III.   ANALYSIS OF THE COMMON POSITION

1.   General

In the common position which was adopted unanimously, the Council:

2.   New elements contained in the Common Position as compared with the Commission proposal

Article 1, point 1

Deletion of the reference to the non-application of the Directive to ‘folding (tip up) seats’.

Point 2

Two new points (points 3 and 4) were inserted to define the various seat orientations: forward-facing seats, rearward-facing seats and side-facing seats.

Point 5 (ex-point 3)

A new paragraph specifies that the automatic locking system required on folding seats does not apply to folding seats fitted in the wheelchair spaces of vehicles of categories M2 or M3 of class I, II or A (urban buses).

Article 2

All the dates concerning the implementation of the Directive have been postponed and replaced by mobile dates depending on the date of adoption of this new Directive.

IV.   CONCLUSION

The common position, broadly in line with the Commission proposal, has been unanimously adopted by the Council. The main changes to the Commission proposal concern the inclusion on one hand of the folding seats in the scope of the Directive and on the other hand of definitions of various seat orientations. In addition, the dates of transposition and of entry into force of this Directive have been adapted.

----

(1)  Doc. 10888/03 ENT 115 CODEC 909.

(2)OJ C 80, 30.3.2004, p. 6.

(3)OJ C 91 E, 15.4.2004, p. 487.

----