COMMISSION DIRECTIVE 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles (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 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 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 (3), as last amended by Commission Directive 90/628/EEC (4), and in particular Article 10 thereof,
Whereas Directive 77/541/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 in the light of technical progress it is possible to improve the protection provided for passengers by requiring the installation of three-point belts with retractors for the rear outboard seats of motor vehicles of category M1;
Whereas a warning should be fitted to all passenger seating positions where an airbag is installed, to inform the users of the vehicle that an airbag is present and consequently no rearward-facing child restraint should be fitted in that seat; whereas this Directive should be further amended when an optimum design of pictogram has been internationally accepted;
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 with retractors for all forward and rear-facing seating positions in motor vehicle sof categories M2 and M3, and in the case of certain M2 vehicles lap and diagonal belts, as foreseen in Directive 90/628/EEC (except those vehicles which are designed for both urban use and standing passengers);
Whereas the entry force of an amendment to this Directive to require such seat belts in M2 and M3 vehicles is conditional upon the adaptation to technical progress of Council Directive 76/115/EEC (5), as last amended by Commission Directive 90/629/EEC (6), on seat belt anchorages, and Council Directive 74/408/EEC (7) on the strength of seats;
Whereas the protection of passengers, especially in the centre rear seating position of cars, against both projection and ejection in the case of an accident must be improved and further modifications to the Directive should be introduced for this purpose;
Whereas the effectiveness of the measures set out in this Directive for enhancing the protection of passengers in coaches and buses are dependant on the wearing of the seat belts prescribed; whereas this Directive needs to be complemented by an amendment to Council Directive 91/671/EEC (8) on the wearing of seat belts;
Whereas reference is made to Council Directive 74/60/EEC (9), as last amended by 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 77/541/EEC shall be amended as follows:
1. - In Article 2, first paragraph, the words '. . ., or to his authorized representative, . . .` shall be deleted,
- Article 4 shall be replaced by the following:
'Article 4
The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4 (6) of Directive 70/156/EEC, of each type of safety belt and restraint systems for which an approval has been granted, refused or withdrawn.`
- In Article 9, 'Annex I` shall be replaced by 'Annex II A`.
2. A list of Annexes shall be included and the Annexes to Directive 77/541/EEC shall be amended in accordance with the Annex to this Directive.
3. In other languages the former term used for 'type-approval` is replaced by a new term.
Article 2
1. With effect from 1 January 1997, no Member State may, on grounds relating to safety belts and restraint systems:
- refuse, in respect of a type of motor vehicle, safety belt or restraint system, to grant EC type-approval, or national type-approval, or
- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of safety belts or restraint systems,
if the safety belts and restraint systems comply with the requirements of Directive 77/541/EEC as amended by this Directive.
2. Subject to the provisions of paragraph 5, with effect from 1 October 1999 for M2 vehicles of 3,5 tonnes or less 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 belts and restraint systems, and for a type of safety belt or restraint system, if the requirements of Directive 77/541/EEC, as amended by this Directive, are not fulfilled.
3. 1. Subject to the provisions of paragraph 5, in the case of vehicles in category M2 with a maximum mass not exceeding 3 500 kg with effect from 1 October 2001 and for 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, and
- may refuse the sale and entry into service of new safety belts and restraint systems,
on grounds relating to safety and restraint systems if the requirements of Directive 77/541/EEC, as amended by this Directive, are not fulfilled.
3. 2. With effect from 1 October 1999 the requirements of Directive 77/541/EEC as amended by this Directive, relating to safety belts and restraint systems as components, are applicable for the purposes of Article 7 (2) of Directive 70/156/EEC.
4. Notwithstanding paragraphs 2 and 3.2 above, for the purposes of replacement parts, Member States shall continue to grant EC type-approval, and to permit the sale and entry into service, of safety belts and restraint systems in accordance with previous versions of Directive 77/541/EEC provided that such safety belts or restraint systems:
- are intended to be fitted to vehicles already in use, and
- comply with the requirements of that Directive which were applicable when the vehicles were first registered.
5. Notwithstanding paragraphs 2 and 3.1 above, in relation to the provision of an airbag warning label in accordance with item 3.1.11 of Annex I, the provisions of these paragraphs shall apply from 1 January 1997.
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
This Directive shall enter into force on the twentieth day following 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.