COMMISSION DIRECTIVE of 2 April 1982 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 (82/318/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard 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 (1), as last amended by Directive 80/1267/EEC (2), and in particular Article 11 thereof,
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 (3), as last amended by Directive 81/575/EEC (4), and in particular Article 6 thereof,
Whereas, in the interests of road safety, the Council, by Directive 81/575/EEC, extended the scope of Directive 76/115/EEC, which until then had been limited to vehicles of Category M1 as defined in Annex I to Directive 70/156/EEC, to cover all classes of motor vehicle ; whereas this extension of scope had been made possible by the technical progress which had been achieved in the meantime ; whereas implementation of this measure will, however, necessitate the alignment of the requirements and tests specified in the Directive with the enlarged scope ; whereas experience gained in applying the Directive has revealed a need for certain provisions to be brought more into line with actual test conditions;
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
Annexes I, II and III to Directive 76/115/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 1982, no Member State may, for motor vehicles of Category M1, on grounds relating to safety-belt anchorages: - refuse to grant EEC type-approval, to issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type-approval in respect of a type of motor vehicle, or
- prohibit the entry into service of vehicles,
if the safety-belt 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 October 1983, in respect of motor vehicles of Category M1, Member States: - shall no longer issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle in which the safety-belt anchorages do not comply with the requirements of Directive 76/115/EEC, as amended by this Directive,
- may refuse to grant national type-approval in respect of motor-vehicle types in which the safety-belt anchorages do not comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
In the case of certain convertible cars or cars with a removable roof, approved in accordance with (1) OJ No L 42, 23.2.1970, p. 1. (2) OJ No L 375, 31.12.1980, p. 34. (3) OJ No L 24, 30.1.1976, p. 6. (4) OJ No L 209, 29.7.1981, p. 30. Item 4.3.2 of Annex I to Directive 76/115/EEC in its original version, the abovementioned date shall be replaced by 1 October 1986.
3. With effect from 1 October 1984, Member States may prohibit the entry into service of vehicles of Category M1 in which the safety-belt anchorages do not comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
This provision shall not apply to certain convertible cars or cars with a removable roof, approved in accordance with Item 4.3.2 of Annex I to Directive 76/115/EEC in its original version.
Article 3
1. With effect from 1 October 1982, no Member State may, on grounds relating to the safety-belt anchorages of vehicles in categories other than M1: - refuse to grant EEC type-approval, to issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type approval in respect of a type of motor vehicle, or
- prohibit the entry into service of vehicles,
if the safety-belt anchorages of this type of vehicle or of these vehicles comply with the requirements of Directive 76/115/EEC, as amended by this Directive.
2. Notwithstanding paragraph 1 above, no Member State may, on grounds relating to safety-belt anchorages: - refuse, until 30 September 1986, to grant EEC type-approval, to issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type approval in respect of a type of motor vehicle of categories N2 and N3,
- prohibit, until 30 September 1987, the entry into service of vehicles of these categories,
if this type of vehicle or these vehicles are not equipped with safety-belt anchorages.
Article 4
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 September 1982. They shall forthwith inform the Commission thereof.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 2 April 1982.