COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a directive of the European Parliament and of the Council amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes

2000/0315 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a directive of the European Parliament and of the Council amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes

1- BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2000) 815 - C5-0684/2000 - 2000/0315(COD)): // 7.12.2000

Date of the opinion of the Economic and Social Committee: // 11.7.2001

Date of the opinion of the European Parliament, first reading: // 31.5.2001

Date of adoption of the common orientation in the Council: // 17.6.2002

Date of adoption of the common position by qualified majority: // 14.11.2002

2- OBJECTIVE OF THE COMMISSION PROPOSAL

Following its Communication on Road Safety of March 2000 (COM(2000)125 final) and the positive reception by the European Parliament and the Council in their respective resolutions which underlined seat belt use as one of the most effective road safety measures, the Commission proposes to extend the scope of application of Directive 91/671/EEC and require the use of seat belts where provided by all motor vehicle (M1, N1, M2, N2, M3, N3) occupants and for children to be restrained by an appropriate child restraint system when travelling in passenger cars and light vans (M1 and N1 vehicles). The original Directive on seat belt and child restraint use, Directive 91/671/EEC, only applies to cars and vans (M1 and N1) and, although addressing the mandatory use of child restraints gives scope for Member States to allow children of 3 years and older to be restrained by an adult seat belt. It also permits Member States to exempt children younger than 3 years of age from wearing child restraints provided they are seated in the rear and if child restrains are not available in the car, i.e. the original Directive does not require parents to buy and use child restraints for their children.

3- COMMENTS ON THE COMMON POSITION

3.1 General remarks

The Commission notes that the Common Position adopted by the Council reflects to a large degree the original proposal made by the Commission and the opinion of the European Parliament in its first reading. The Common Position reflects a balanced compromise.

The Council has adopted all of the amendments proposed by the European Parliament which are acceptable to the Commission except for one amendment for a recital that tasked the Commission to conduct an information campaign in parallel with legislation. Although the Council did not accept such a recital, the Commission is actively pursuing campaigns on seat belt use by both passenger car and commercial vehicle occupants.

3.2 Action Taken on Parliament's amendments

The European Parliament delivered a favourable opinion on the Commission's proposal and wanted to strengthen certain provisions. The amendments adopted by the Parliament essentially take account of both enforcement and use practicalities.

a) European Parliament amendments acceptable to the Commission and incorporated into the Council's common position

The following European Parliament amendments are acceptable to the Commission and have been incorporated into the Council's common position

- Parliament's amendment to Article 2, paragraph 1, subparagraphs 1 and 2 which changes the definition of a child requiring the use of a child restraint from being less than 12 years old and 36 kgs in weight to less than 12 years old and smaller than 150cms in height. Although it is theoretically correct to categorise the size of child by its weight, a height limit is seen as a more practical measure.

- The exemptions from the provisions of the Directive are covered in Article 6. The European Parliament extends these provisions to take account of the specific conditions where coaches and mini-buses can be used as local, urban transport vehicles and therefore would not warrant the use of the seat belts.

- In a new Article, the European Parliament tasks the Commission to submit a report on the implementation of the Directive. The report would include an appraisal of the technological developments in restrain systems and in particular concerning the automatic deactivation of a frontal air bag (referred to as "developing more user friendly air-bag systems") when a rear-facing child restraint is used. The Article wishes for the report to be accompanied by an amended proposal if appropriate. The common position would have the Commission continue its studies on the security of people in vehicles, submit a report on the matter and establish a Committee for adapting the Directive to technical progress. The Commission is currently assessing better air-bag disabling systems as part of the EuroNCAP programme.

b) European Parliament amendments that have not been incorporated into the common position

The following European Parliament amendments have not been incorporated into the Council's common position:

- A new recital by the European Parliament required the Commission to undertake an information campaign in parallel with the legislation that would warn of the need to deactivate frontal air-bags where a rear-facing child restraint is used. Although the Council does not adopt the amendment, the Commission has pursued the issue with the EuroNCAP campaign and is thereby instrumental in encouraging better air-bag warning and ultimately automatic deactivation. The Commission also intends to accompany the legislation with seat belt and child restraint use campaigns.

- The European Parliament's amendment to Article 2 would stipulate that car manufacturers should indicate which child restraint systems are suitable and easily fitted in their vehicles. Whereas, it is recognised that some child restraints are easier to use and install than others, the child restraints in question are all classified as being of the 'Universal' type as defined in UN-ECE Regulation 44.03 and have therefore been approved for use in all cars. Nevertheless, the Commission recognises that there is room for improvement in the provision of child restraints and has the intention of promoting a 'child restraint assessment' programme that would aim to categorise and rate child restraints for their ease of use, ease of installation as well as their relative safety in a crash. The consortium that will address child restraint system assessment and information dissemination is being established now.

3.3 New aspects introduced by the Council and the Commission's position on them

The original Commission Proposal was drafted in the spirit of the original Directive in that it required all occupants of motor vehicles to wear the available seat belts and for all relevant children to be restrained by an appropriate child restraint. It did not attempt to take account of certain detailed practical considerations such as the occasional need to transport more people than would be provided with seat belts or child restraints or the special practicalities of child restraints in very small cars. The Common Position adopted by the Council, while reflecting to a large degree the original proposal made by the Commission, has made certain prescriptive and detailed amendments, derogations and exemptions that largely reflect the practicalities of occupant safety and enforcement and therefore should ensure an easier transposition into national law.

The Common Position then introduces the following changes to the Commission's proposal.

First to the recitals corresponding to the modifications made to the articles:

- Recitals 7 and 8 of the original proposal have been amalgamated in a new recital 7. In the opinion of the Commission this change makes the text clearer.

- Recital 8 is added and refers to the various exemptions from the Directive's provisions. This supports the European Parliament's 1st reading and the Commission agrees.

- Recital 9 has been amended and in the opinion of the Commission this change makes the text clearer.

- Recital 10 has been amended. The recital still relates to the use of seat belts in M2 and M3 vehicles, but now refers to the exemptions from the need for Member States to require seat belt use for children younger than 3 years. It requires the Commission to study this situation and make a further amendment if necessary. This recital relates to agreed amendments in Article 2(2) and this is therefore acceptable to the Commission.

- Recitals 11 and 12 refer to the need to adapt the legislation to keep pace with the technical progress, in particular regarding child restraints. These recitals relate to the new Article 7 on technical adaptation and this is acceptable to the Commission. This incorporates the EP's wish for the Commission to write a report on technical developments.

- The original recital 12 has been incorporated into recital 9 and this is acceptable to the Commission.

Then to the articles themselves:

- Article 1.1) adapts the title of the Directive to reflect the increased scope of the new amending Directive. This is obviously acceptable to the Commission.

- Article 1.2) adapts the original Directive's Article 1 and at 1.1, 1.2 and 1.3 makes minor textual modifications that are acceptable to the Commission.

- Article 1.3) replaces the original Directive's Article 2 and under Article 2.1.a) i) extends the Directive's scope to include the need for any transported children in N2 and N3 vehicles to wear a child restrain if available and stipulates that any child younger than three years of age must wear an appropriate child restraint. The Commission considers this is a welcome addition. It also amends the definition of a child from the original proposal (was under twelve years old and 36 kg in weight and now is under twelve years old and shorter than 150 cms tall). This modification is in line with the opinion of the European Parliament and is acceptable to the Commission. Also, under Article 2.1.a) ii) Member States may permit, on their territory, children taller than 135 cms to wear the adult seat belt as opposed to child restraints. The Commission accepts this change as it would not compromise the safety of children and a 135 cms height limit better equates to the Commission's original proposal of a 36 kg weight limit. Article 2 is also adapted to require children in taxis to wear an appropriate child restraint. However, if one is not available then the child can not be seated in the front passenger seat. This is a positive addition to the original proposal, in line with the EP's 1st reading and is acceptable to the Commission.

- Article 1.3) also adapts the original Article 2 by adding Article 2.2 which relates to the transport of children in M2 and M3 vehicles. Article 2.2.a) requires persons older than three years of age to wear the available seat belts. Consequently, it permits Member States to exempt children younger than three years of age from wearing seat belts in M2 and M3 vehicles. This has been agreed by the Commission who will further study the issue and make any necessary amending proposal. This issue is referred to in Article 7.

- Article 1.4) deletes the original Directive's Article 4 and is acceptable to the Commission.

- Article 1.5) adapts Article 6 of Directive 91/671/EEC and concerns the various exemptions from the Directive's provisions. It recognises that not all cars can accommodate three child restraints in the rear and so stipulates that in such circumstances, children older than 3 years of age may wear the adult type seat belt but younger children must wear the appropriate child restraint as a condition of travel. This is acceptable to the Commission.

- Article 1.5) also permits children older than three years to wear the adult type seat belts in cars and light vans if their transport is both occasional and over a short distance. The Commission recognises the need to cater for such occasional transport and that the adaptation will not adversely effect safety to the extent that the alternative of not providing transport for the child could.

- Article 1.5) finally takes account of particular circulatory conditions of local, urban M2 and M3 vehicles. This addition is in line with the modification proposed by the European Parliament and is acceptable to the Commission.

- Article 1.6) adds to the original, Article 6bis that permits the possibility for a five year derogation that allows more children to be transported in M2 and M3 vehicles than there are available seats with seat belts. This the Commission accepts in the interest of a global compromise, but shall only grant such an exemption after much circumspection.

- Article 1.6) again adds to the original Article 6ter that permits, for a temporary derogation period of six years, the carriage of more people in M1 and N1 vehicles than there are available seat belts. Again, the Commission accepts this in the interest of a global compromise, but shall only grant such an exemption after much circumspection.

- Article 1.7) replaces the original Article 7 by Article 7bis that has the requirement for the Commission to continue its studies on the security of people in vehicles, in particular concerning the various exemptions from the Directive's provisions and make a report to the Council and Parliament. This is acceptable to the Commission.

- Article 1.7) further adds Article 7ter, which introduces a Committee that can adapt the Directive to technical progress. This is acceptable to the Commission.

- Article 2 requires the application of the Directive, three years after it has entered into force. In the interest of gaining a global agreement, this is acceptable to the Commission.

4- CONCLUSION

The Commission supports the Common Position as an important step for road safety in the EU and delivers a favourable opinion on it as a whole. It shall however only authorise exemptions under Article 6bis and 6ter after much circumspection.