COMMISSION DIRECTIVE
of 30 October 1990
adapting to technical progress Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor vehicle safety belts
(90/629/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts (1), as last amended by Commission Directive 82/318/EEC (2), and in particular Article 6 thereof,
Whereas practical experience and technological development show that it is possible to improve road safety by applying similar requirements to those existing already to vehicle categories M2 with a permissible maximum mass exceeding 3 500 kilograms and M3 (buses) which were not covered hitherto and to generally extend the requirements to
seating positions, not covered hitherto, of other vehicle categories;
Whereas that experience shows that some existing definitions and requirements have to be adjusted slightly;
Whereas the protection against "submarining'' should be improved, which could be provided by modified positioning of the anchorages for safety belts and/or modifications to
the seat construction; whereas a test procedure must be developed which enables the improvement in the level of protection to be shown;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the removal of technical barriers to trade in motor vehicles,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 76/115/EEC, is hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 May 1991 no Member State may, on grounds relating to anchorages for safety belts:
- refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC (3), or to grant national type-
approval, or
- prohibit the entry into service of vehicles
if the anchorages in this type of vehicle or in these vehicles comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
2. With effect from 1 July 1992 Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle,
- may refuse to grant national type-approval in respect of a type of vehicle
in which the anchorages do not comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
3. With effect from 1 July 1997 Member States may prohibit the entry into service of vehicles in which the anchorages do not comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
Article 3
The Commission shall, not later than 31 December 1992, proceed to a further review of the provisions of Directive 76/115/EEC and notably Annex I, item 4.4.3 thereof,
in order to improve the protection against the risk
of submarining, which amendment might include new measures and related dynamic test methods.
Article 4
Member States shall implement the provisions necessary in order to comply with this Directive before 1 May 1991. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 30 October 1990.