Council Directive
of 28 June 1977
on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles
(77/541/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament [1],
Having regard to the opinion of the Economic and Social Committee [2],
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to seat belts and restraint systems;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing regulations, in order in particular to allow the EEC type-approval procedure which was the subject of 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 [3] to be applied in respect of each type of vehicle;
Whereas common requirements for the interior parts of the passenger compartment, the layout of controls, the roof, the backrest and rear part of the seats have been laid down by Directive 74/60/EEC [4]; whereas requirements for the internal fittings relating to the protection of the driver against injury by the steering mechanism in the event of an impact have been laid down by Directive 74/297/EEC [5]; whereas requirements relating to the strength of the seats and their anchorages have been laid down by Directive 74/408/EEC [6]; whereas requirements relating to anchorages for safety belts have been laid down by Directive 76/115/EEC [7]; whereas other requirements relating to internal fittings, and in particular those relating to head restraints and the identification of the controls, will be laid down at a later date;
Whereas rules for seat belts and restraint systems include not only design requirements but also their fitting in motor vehicles;
Whereas a harmonized component type-approval procedure for safety belts and restraint systems makes it possible for each Member State to check compliance with the common design and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of safety belt or restraint system; whereas the placing of an EEC component type-approval mark on all safety belts and restraint systems manufactured in conformity with the approved type obviates any need for technical checks on these safety belts and restraint systems in the other Member States;
Whereas the main purpose of the harmonized requirements is to promote road safety; whereas it should therefore be made compulsory to fit safety belts and restraint systems to vehicles covered by this Directive;
Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by the Member States of checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall grant EEC component type-approval for any type of three-point or lap safety belt and any type of restraint system which satisfies the design and test requirements laid down in 2 of Annex I and in Annexes IV to XIV.
2. The Member State which has granted EEC component type-approval shall take the measures required to ensure that production models conform to the approved type, if need be in cooperation with the competent authorities in the other Member States.
3. For the purpose of implementing paragraph 2, it shall be sufficient for a Member State to ensure that as a minimum the quality-control procedures laid down in 2.8.1 of Annex I are applied.
If, however, the checks are made by the Member State itself, or by laboratories authorized by it, the methods used shall be such as to give results at least as reliable as those that would be given by the procedures provided for in paragraph 1. The procedure laid down in 2.8.2 of Annex I is, in particular, an appropriate method.
Article 2
Member States shall, for each type of safety belt or restraint system which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to one of the models shown in Annex III.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between safety belts or restraint systems which have been type-approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit the placing on the market of safety belts and restraint systems on grounds relating to their design or method of functioning if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of safety belts and restraint systems bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to those of the other Member States a copy of the component type-approval certificate, an example of which is given in Annex II, completed for each type of safety belt and restraint system which they approve or refuse to approve.
Article 5
1. If a Member State which has granted EEC component type-approval finds that a number of safety belts and restraint systems bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall inform one another within one month of any withdrawal of EEC component type-approval and of the reasons for such measure.
3. If a Member State which has granted EEC component type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for safety belts or restraint systems or prohibit their placing on the market or use shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval for a vehicle on grounds relating to the safety belts or restraint systems with which it is equipped, if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in 3 of Annex I.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its safety belts or restraint systems, if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in 3 of Annex I.
Article 9
For the purposes of this Directive, "vehicle" means any motor vehicle of category M1 as defined in Annex I to Directive 70/156/EEC intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 10
The amendments necessary for adapting the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 12
This Directive is addressed to the Member States.
Done at Luxembourg, 28 June 1977.