# CE2005111EN.01002301.xml

| 11.5.2005 | EN | Official Journal of the European Union | CE 111/23 |
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11.5.2005

EN

Official Journal of the European Union

CE 111/23

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COMMON POSITION (EC) No 16/2005

COMMON POSITION

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),

1

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

2

Whereas:

| (1) | Research has shown that the use of safety belts and restraint systems can contribute to a substantial reduction in the number of fatalities and the severity of injury in the event of an accident, even due to rollover. Their fitting in all categories of vehicles will certainly constitute an important step forward in bringing about an increase in road safety and a consequent saving of lives. |
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(1)

Research has shown that the use of safety belts and restraint systems can contribute to a substantial reduction in the number of fatalities and the severity of injury in the event of an accident, even due to rollover. Their fitting in all categories of vehicles will certainly constitute an important step forward in bringing about an increase in road safety and a consequent saving of lives.

| (2) | A substantial benefit to society can be attained if all vehicles are provided with safety belts. |
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(2)

A substantial benefit to society can be attained if all vehicles are provided with safety belts.

| (3) | In its Resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety (3), the European Parliament stressed the need for making the wearing of safety belts compulsory for all passengers, including children, except in public service vehicles. Therefore, a distinction has to be made between public service buses and other vehicles as regards the compulsory installation of safety belts and/or restraint systems. |
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(3)

In its Resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety (3), the European Parliament stressed the need for making the wearing of safety belts compulsory for all passengers, including children, except in public service vehicles. Therefore, a distinction has to be made between public service buses and other vehicles as regards the compulsory installation of safety belts and/or restraint systems.

3

| (4) | Pursuant to 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 (4), the Community type-approval system has only been implemented for all new vehicles of category M1 since 1 January 1998. Consequently, only these vehicles have to be fitted with anchorages intended for safety belts and/or restraint systems fulfilling the provisions of Directive 76/115/EEC (5). |
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(4)

Pursuant to 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 (4), the Community type-approval system has only been implemented for all new vehicles of category M1 since 1 January 1998. Consequently, only these vehicles have to be fitted with anchorages intended for safety belts and/or restraint systems fulfilling the provisions of Directive 76/115/EEC (5).

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1

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| (5) | Until the Community type-approval system is extended to all categories of vehicles, the installation of anchorages intended for safety belts and/or restraint systems should be required, in the interests of road safety, in vehicles belonging to categories other than M1. |
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(5)

Until the Community type-approval system is extended to all categories of vehicles, the installation of anchorages intended for safety belts and/or restraint systems should be required, in the interests of road safety, in vehicles belonging to categories other than M1.

1

| (6) | Directive 76/115/EEC already provides for all technical and administrative provisions allowing the type-approval of vehicles of categories other than M1. Therefore, the Member States do not need to introduce further provisions. |
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(6)

Directive 76/115/EEC already provides for all technical and administrative provisions allowing the type-approval of vehicles of categories other than M1. Therefore, the Member States do not need to introduce further provisions.

1

| (7) | Since the entry into force of Commission Directive 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts, several Member States have already made compulsory the provisions contained therein in respect of certain categories of vehicles other than M1. Manufacturers and their suppliers have thus developed appropriate technology. |
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(7)

Since the entry into force of Commission Directive 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts, several Member States have already made compulsory the provisions contained therein in respect of certain categories of vehicles other than M1. Manufacturers and their suppliers have thus developed appropriate technology.

1

| (8) | Directive 76/115/EEC should be amended accordingly. |
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(8)

Directive 76/115/EEC should be amended accordingly.

| (9) | Since the objective of this Directive, namely the improvement of road safety by the introduction of the compulsory fitting of safety belts in certain categories of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective, |
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(9)

Since the objective of this Directive, namely the improvement of road safety by the introduction of the compulsory fitting of safety belts in certain categories of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 76/115/EEC

Directive 76/115/EEC is amended as follows:

| 1. | in Article 2 the following paragraph shall be added:
  ‘Vehicles of category M2 and M3 shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (6). |
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1.

in Article 2 the following paragraph shall be added:

‘Vehicles of category M2 and M3 shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (6).

2

3

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| 2. | Annex I shall be amended as follows:






  (a) | point 1.9. shall be deleted; |
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2.

Annex I shall be amended as follows:

(a)

point 1.9. shall be deleted;

| (b) | point 4.3.1. shall be replaced by the following:






  ‘4.3.1. | Vehicles belonging to categories M1, M2 (of class III or B), M3 (of class III or B) and N must be equipped with anchorages for safety belts conforming to the requirements of this Directive.’; |
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(b)

point 4.3.1. shall be replaced by the following:

‘4.3.1.

Vehicles belonging to categories M1, M2 (of class III or B), M3 (of class III or B) and N must be equipped with anchorages for safety belts conforming to the requirements of this Directive.’;

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2

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| (c) | point 4.3.8. shall be replaced by the following:






  ‘4.3.8. | For seating intended solely for use when the vehicle is stationary, as well as any seats of any vehicle not covered in points 4.3.1. to 4.3.5., no belt anchorages are required. If the vehicle is fitted with anchorages for such seats, these anchorages must comply with the provisions of this Directive.
  However, any anchorage intended solely for use in conjunction with a disabled person's belt, or any other restraint system mentioned in Article 2(a) of Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (7), need not conform to the requirements of this Directive provided it is designed and constructed under national legal requirements to provide the maximum practical level of safety. |
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(c)

point 4.3.8. shall be replaced by the following:

‘4.3.8.

For seating intended solely for use when the vehicle is stationary, as well as any seats of any vehicle not covered in points 4.3.1. to 4.3.5., no belt anchorages are required. If the vehicle is fitted with anchorages for such seats, these anchorages must comply with the provisions of this Directive.

However, any anchorage intended solely for use in conjunction with a disabled person's belt, or any other restraint system mentioned in Article 2(a) of Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (7), need not conform to the requirements of this Directive provided it is designed and constructed under national legal requirements to provide the maximum practical level of safety.

7

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.

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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:

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| (a) | refuse to grant EC type-approval or national type-approval, in respect of a type of vehicle; |
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(a)

refuse to grant EC type-approval or national type-approval, in respect of a type of vehicle;

| (b) | prohibit the registration, sale or entry into service of new vehicles. |
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(b)

prohibit the registration, sale or entry into service of new vehicles.

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:

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| (a) | no longer grant EC type-approval; |
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(a)

no longer grant EC type-approval;

| (b) | refuse to grant national type-approval. |
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(b)

refuse to grant national type-approval.

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:

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| (a) | consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7(1) of Directive 70/156/EEC; |
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(a)

consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7(1) of Directive 70/156/EEC;

| (b) | refuse the registration, sale or entry into service of new vehicles, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked. |
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(b)

refuse the registration, sale or entry into service of new vehicles, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

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.

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

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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.

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

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

1

(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).

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

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(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).

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(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).

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(6)  OJ L 42, 13.2.2002, p. 1.’

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

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

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

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

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

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

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

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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:

| — | 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, |
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—

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,

| — | 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 restrain systems of motor vehicles. |
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—

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 restrain systems of motor 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:

| — | has modified Article 1, in order to allow Member States to exempt anchorages for safety belts and for restrain systems intended for disabled people from compliance with the provisions of the Directive, |
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—

has modified Article 1, in order to allow Member States to exempt anchorages for safety belts and for restrain systems intended for disabled people from compliance with the provisions of the Directive,

| — | has added a new article to invite the Commission to examine specific procedures to harmonise the requirements for disabled people, |
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—

has added a new article to invite the Commission to examine specific procedures to harmonise the requirements for disabled people,

| — | has postponed various dates of entry into force in Article 3, |
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—

has postponed various dates of entry into force in Article 3,

| — | has rejected the four EP Amendments, aiming in Article 1 at fitting anchorages for a two-point belt on side-facing seats in tourist coaches, since the Council shares the Commission's view regarding the danger of side-facing seats in all kinds of vehicles. |
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—

has rejected the four EP Amendments, aiming in Article 1 at fitting anchorages for a two-point belt on side-facing seats in tourist coaches, since the Council shares the Commission's view regarding the danger of side-facing seats in all kinds of vehicles.

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.

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(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.

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