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 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 relating to the approximation of the laws of the Member States on type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 95/54/EC (2), and in particular Article 13 (2) 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 Commission Directive 90/629/EEC (4), and in particular Article 3 thereof,
Whereas Directive 76/115/EEC is one of the separate directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;
Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;
Whereas it is possible to improve the protection provided for passengers against ejection in case of an accident by requiring a minimum of lap belts of type 1 with retractors for all forward and rear-facing seating positions in motor vehicles of categories M2 and M3 (except those vehicles which are designed for both urban use and standing passengers), as foreseen in Commission Directive 90/628/EEC (5);
Whereas the entry into force of an amendment to Council Directive 77/541/EEC (6), as last amended by Directive 90/628/EEC to require such seat belts in M2 and M3 vehicles is dependent upon the adaptation to technical progress of Council Directive 74/408/EEC (7), as last amended by Directive 81/577/EEC (8), on the strength of seats and this Directive on seat belt anchorages;
Whereas reference is made to Council Directive 74/60/EEC (9), as last amended by Commission Directive 78/632/EEC (10), relating to the interior fittings of motor vehicles;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 76/115/EEC is amended as follows.
1. Article 1 shall read as follows:
'This Directive applies to anchorages for motor vehicle safety belts intended for adult occupants of forward or rear-facing seats.`;
2. in Article 2 'Annex I` is replaced by 'Annex II A`;
3. in Articles 3 and 4 of Directive 76/115/EEC 'Annexes I, III and IV` are replaced by 'the Annexes`;
4. the Annexes are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 January 1997 no Member State may, on grounds relating to anchorages for safety belts:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or national type-approval, or
- prohibit the registration, sale or 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 October 1999 for vehicles of category M2 with a maximum mass not exceeding 3 500 kg and all other vehicles from 1 October 1997, Member States:
- shall no longer grant EC type-approval, and
- may refuse to grant national type-approval,
for a type of vehicle on grounds relating to safety belt anchorages if the requirements of Directive 76/115/EEC, as amended by this Directive, are not fulfilled.
3. With effect from 1 October 2001 for vehicles of category M2 with a maximum mass not exceeding 3 500 kg and all other vehicles in category M from 1 October 1999, Member States:
- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7 (1) of that Directive, and
- may refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,
on grounds relating to safety belt anchorages if the requirements of Directive 76/115/EEC, as amended by this Directive, are not fulfilled.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1996 and shall forthwith inform the Commission thereof.
When the Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 4
The Directive shall enter into force the twentieth day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 17 June 1996.