# Commission Implementing Directive 2014/37/EUShow full title

Commission Implementing Directive 2014/37/EU of 27 February 2014 amending Council Directive 91/671/EEC relating to the compulsory            use of safety belts and child restraint systems in vehicles         

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U.K.

# Commission Implementing Directive 2014/37/EU                     

# of 27 February 2014

# amending Council Directive 91/671/EEC relating to the compulsory use of safety belts and child restraint systems in vehicles

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/671/EEC relating to the compulsory use of safety belts and child restraint systems in                           vehicles(1), and in particular Article 7a thereof,                        

Whereas:

(1)On 24 March 1998, the European Community acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE)                              concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to                              and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these                              prescriptions (hereinafter referred to as the ‘Revised 1958 Agreement’), in accordance with Council Decision 97/836/EC(2).

(2)In accordance with paragraph 1 of Annex II to Decision 97/836/EC, the technical requirements of UNECE Regulations under the                              Revised 1958 Agreement become alternatives to the technical annexes to the relevant separate Union Directives where the latter                              possess the same scope and where for the UNECE Regulations separate Union Directives exist. However, the additional provisions                              of Directives, such as those concerning fitting requirements or the approval procedure, remain in force.

(3)A new UNECE Regulation on uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of                              motor vehicles (hereinafter referred to as ‘Regulation 129’) was established and adopted under the auspices of the UNECE.

(4)Regulation 129 entered into force on 9 July 2013 as an annex to the Revised 1958 Agreement.

(5)The standardised requirements of Regulation 129 constitute alternative enhanced requirements in relation to those established                              under Regulation 44 on uniform provisions concerning the approval of restraining devices for child occupants of power-driven                              vehicles (‘Child restraint systems’)(3) and reflect technical progress in several aspects of child restraint systems such as tests for side impacts, the rear facing                              position of children up to 15 months, compatibility with different vehicles, test dummies and test benches and adaptability                              to various child sizes;

(6)As Directive 91/671/EEC lays down requirements for the approval and compulsory use of child restraint systems in motor vehicles                              within the Union, it should therefore be amended in order to include the use of child restraint systems approved according                              to the technical requirements of Regulation 129.

(7)The measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance                              with Article 7b of Directive 91/671/ECC,

HAS ADOPTED THIS DIRECTIVE:

# Article 1U.K.

Article 2 of Directive 91/671/EEC is amended as follows:

point 1(a)(i) shall be replaced by the following:

for M1, N1, N2 and N3 vehicles, Member States shall require that all occupants of vehicles in use shall use the safety systems                                          provided.                                    

Children less than 150 cm in height occupying M1, N1, N2 and N3 vehicles fitted with safety systems shall be restrained by                                          an integral or non-integral child-restraint system, within the meaning of Article 1(4)(a) and (b), which is suitable for the                                          child's physical features in accordance with:                                    
                      -  classification provided for in Article 1(3), for child restraint systems approved in accordance with point (c)(i) of this                                                paragraph;                                           
                      -  the size range and maximum occupant mass for which the child restraint system is intended, as indicated by the manufacturer,                                                for child restraint systems approved in accordance with point (c)(ii) of this paragraph.                                           

In M1, N1, N2 and N3 vehicles that are not fitted with safety systems:                                    
                      -  children under three years of age may not be transported,                                           
                      -  without prejudice to point (ii), children aged three and over and less than 150 cm in height shall occupy a seat other than                                                a front seat;’                                           

point 1(c) shall be replaced by the following:

where a child-restraint system is used, it shall be approved to the standards of:                                    

UNECE Regulation 44/03 or Directive 77/541/EEC or                                             

UNECE Regulation 129;                                             

or any subsequent adaptation thereto.                                    

The child restraint system shall be installed in accordance with fitting information (e.g. instruction manual, leaflet or                                          electronic publication) provided by the manufacturer of the child restraint system declaring in what manner and in which vehicle                                          types the system may be safely used.’                                    

# Article 2U.K.

1.Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive                        six months after its entry into force at the latest. They shall forthwith communicate to the Commission the text of those                        provisions.                  

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference                     on the occasion of their official publication. Member States shall determine how such reference is to be made.                  

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

# Article 3U.K.

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

# Article 4U.K.

This Directive is addressed to the Member States.

Done at Brussels, 27 February 2014.

*For the Commission, On behalf of the President*,                           

Siim Kallas                            

*Vice-President*                            

1

OJ L 373, 31.12.1991, p. 26.                           

2

Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the                              United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles,                              equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition                              of approvals granted on the basis of these prescriptions (OJ L 346, 17.12.1997, p. 78).                           

3

OJ L 306, 23.11.2007, p. 1.