COMMON POSITION (EC) No 43/1999

adopted by the Council on 28 October 1999

with a view to adopting Directive 1999/.../EC of the European Parliament and of the Council amending Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats)

(1999/C 346/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) it is desirable to introduce into Council Directive 74/60/EEC(4), requirements concerning power-operated windows with the aim of eliminating the danger to children, which can occur when closing these windows; similar requirements should also apply to power-operated roof panel systems and partition systems; for this purpose the title and the scope of Directive 74/60/EEC should be amended accordingly;

(2) Directive 74/60/EEC is one of the separate directives of the EC type-approval procedure which has been established by 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(5); consequently, the provisions laid down in Directive 70/156/EEC relating to vehicles, vehicle systems, components and separate technical units apply to Directive 74/60/EEC;

(3) in particular, Articles 3(4) and 4(3) of Directive 70/156/EEC require that each separate directive has attached to it an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised;

(4) it is important that vehicles in categories other than M1 - in particular those in categories M2 and N1 - be able at the earliest opportunity to afford the driver and passengers, more particularly children, the level of safety provided by Directive 74/60/EEC; to that end it should be made possible for the scope of Directive 74/60/EEC to be extended to cover such vehicles in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC;

(5) the amendments to Directive 74/60/EEC relate only to its administrative provisions and to power-operated windows, roof panel and/or partition systems; it is not necessary therefore to invalidate existing approvals granted under Directive 74/60/EEC nor to prevent the registration, sale and entry into service of new vehicles, which are not fitted with power-operated windows, roof panel and/or partition systems and which are covered by such approvals;

(6) in accordance with the principle of proportionality as set out in the third paragraph of Article 5 of the Treaty, the measures contained in this Directive do not go beyond what is necessary to achieve the objectives of the Treaty,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 74/60/EEC is hereby amended as follows:

1. The title shall be replaced by the following: "Council Directive 74/60/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles".

2. Articles 1, 2 and 3 shall be replaced by the following:

"Article 1

For the purpose of this Directive, 'vehicle' means any vehicle as defined in Article 2 of Directive 70/156/EEC.

Article 2

No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes hereto.

Article 3

No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes."

3. Articles 4 and 5 shall be deleted.

4. The Annexes shall be amended in accordance with the Annex to this Directive.

Article 2

1. With effect from ...(6), Member States may not, on grounds relating to the interior fittings of the motor vehicles,

- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval, or

- prohibit the registration, sale or entry into service of vehicles,

if the vehicles comply with the requirements of Directive 74/60/EEC.

2. With effect from ...(7), Member States shall no longer grant EC type-approval for a new type of vehicle on grounds relating to the interior fittings of the motor vehicles if the requirements of Directive 74/60/EEC are not complied with.

3. With effect from ...(8), 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 and entry into service of new vehicles which are not accompanied by a certificate of conformity unless Article 8(2) of Directive 70/156/EEC is invoked,

on grounds relating to the interior fittings of motor vehicles if the vehicles are fitted with power-operated windows, roof panel and/or partition systems and the requirements of Directive 74/60/EEC, are not complied with.

4. This Directive will not invalidate any approval for types of vehicles which are not fitted with power-operated windows, roof panel and/or partition systems previously granted under Directive 74/60/EEC nor prevent extensions of such approvals under the terms of the Directive under which they where originally granted.

Article 3

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ...(9) and shall forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

3. 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 date of its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

...

For the Council

The President

...

(1) OJ C 149, 15.5.1998, p. 10.

(2) OJ C 407, 28.12.1998, p. 56.

(3) Opinion of the European Parliament of 9 February 1999 (OJ C 150, 28.5.1999, p. 26), Council common position of 28 October 1999 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 38, 11.2.1974, p. 2. Directive as amended by Commission Directive 78/632/EEC (OJ L 206, 29.7.1978, p. 26).

(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25).

(6) 12 months after the entry into force of this Directive.

(7) 24 months after the entry into force of this Directive.

(8) 36 months after the entry into force of this Directive.

(9) 12 months after the date of entry into force of this Directive.

ANNEX

AMENDMENTS TO THE ANNEXES TO DIRECTIVE 74/60/EEC

1. The following list of Annexes shall be inserted between the Articles and Annex I:

"LIST OF ANNEXES

>TABLE>"

2. Annex I is amended as follows:

(a) Footnote 1 is deleted.

(b) The title is replaced by the following: "SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE, SPECIFICATIONS, GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE, MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS AND CONFORMITY OF PRODUCTION"

(c) Point 1 is replaced by the following:

"1. SCOPE

This Directive applies to vehicles of category M1 as defined in Annex II, Section A to Directive 70/156/EEC."

(d) Points 2.1 and 2.2 are replaced by the following:

"2.1. 'Interior fittings' are:

2.1.1. interior parts of the passenger compartment other than the interior rear-view mirrors;

2.1.2. the layout of the controls;

2.1.3. the roof or opening roof;

2.1.4. the backrest and the rear part of the seats;

2.1.5. power-operated windows, roof panel and partition systems.

2.2. 'Vehicle type' with respect to the interior fittings of a passenger compartment means motor vehicles which do not differ in such essential respects as:"

(e) The following points are inserted:

"2.2.3. the roof or opening roof;

2.2.4. the backrest and the rear part of the seats;

2.2.5. power-operated windows, roof panel and partion systems."

(f) The following points are inserted:

"2.10. 'Power-operated windows' means windows which are closed by power supply of the vehicle.

2.11. 'Power-operated roof panel systems' means movable panels in the vehicle roof which are closed by power supply of the vehicle by either a sliding or tilting motion, and which do not include convertible top systems.

2.12. 'Power-operated partion systems' means systems which devide a passenger car compartment into at least two sections and which are closed using the power supply of the vehicle.

2.13. 'Opening' is the maximum unobstructed aperture between the upper edge or the leading edge, depending on the closing direction, of a power-operated window or partition or roof panel and the vehicle structure which forms the boundary of the window, partition or roof panel, when viewed from the interior of the vehicle or, in the case of partition system, from the rear part of the passenger compartment. To measure an opening, a cylindrical test rod shall (without exerting force) be placed through it normally perpendicular to the window, roof panel or partition as shown in Figure 1, from the interior of the vehicle or, as applicable, from the rear part of passenger compartment."

(g) Points 3 to 3.3 are replaced by the following:

"3. APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE

3.1. The application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a vehicle type with regard to its interior fittings shall be submitted by the manufacturer.

3.2. A model for the information document is given in Appendix 1.

3.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:"

(h) The following points are inserted:

"5.5.2. Power-operated roof panel systems.

5.5.2.1. In addition, power-operated roof panel systems and their controls shall meet the requirements of point 5.8 below."

(i) Points 5.8 and 5.8.1 are renumbered as points 5.9 and 5.9.1.

(j) The following points are inserted:

"5.8. Power-operated windows, roof panel systems and partition systems.

5.8.1. The requirements below apply to power-operated windows/roof panel systems/partition systems to minimise the possibility of injuries caused by accidental or improper operation.

5.8.2. Normal operating requirements

Except as provided in point 5.8.3, power-operated windows/roof panel systems/partition systems may be closed only under one or more of the following conditions:

5.8.2.1. when the ignition key is inserted in the ignition control in any position of use;

5.8.2.2. by muscular force unassisted by power supply of the vehicle;

5.8.2.3. upon continuous activation by a locking system on the outside of the vehicle;

5.8.2.4. during the interval of time between the moment the ignition has been switched from 'on' to 'off' and/or the key has been removed and the moment that neither of the two front doors has been opened sufficiently to permit egress of occupants;

5.8.2.5. when the closing movement of a power-operated window, roof panel or partition starts at an opening not exceeding 4 mm;

5.8.2.6. when the power-operated window of a vehicle's door without an upper door frame closes automatically whenever the pertinent door is closed. In this case the maximum opening, as defined in point 2.13, prior to window closing, shall not exceed 12 mm.

5.8.2.7. Remote closing shall be allowed by continuous activation of a remote actuation device, provided one of the following conditions is fulfilled:

5.8.2.7.1. the remote actuation device shall be incapable of closing the power-operated window/roof panel/partition from a distance of more than 11 metres from the vehicle;

5.8.2.7.2. the remote actuation device shall be incapable of closing the power-operated window/roof panel/partition:

- if the actuation device and the vehicle are separated by an opaque surface

and

- if from the distance between the remote actuation device and the vehicle is more than 6 metres.

5.8.2.8. One-touch closing shall be permitted only for the power-operated window of the driver's door and the roof panel, and only during the time when the ignition key is in the engine running position.

5.8.3. Auto-reversing requirements

5.8.3.1. None of the requirements in point 5.8.2 shall apply if a power-operated window/roof panel system/partition system is fitted with an auto-reversing device.

5.8.3.1.1. This device shall reverse the window/roof panel/partition before it exerts a pinch force of more than 100 N within an opening of 200 mm to 4 mm above the top edge of a power-operated window/partition or in front of the leading edge of a sliding roof panel and at the trailing edge of a tilting roof panel.

5.8.3.1.2. After such an auto-reversal, the window or roof panel or partition shall open to one of the following positions:

5.8.3.1.2.1. a position that permits a semi-rigid cylindrical rod of a diameter of 200 mm to be placed through the opening at the same contact point(s) used to determine the reversing behaviour in point 5.8.3.1.1;

5.8.3.1.2.2. a position that represents at least the initial position before closing was initiated;

5.8.3.1.2.3. a position at least 50 mm more open than the position at the time when reversing was initiated;

5.8.3.1.2.4. in the case of tilting motion of a roof panel, the maximum angular opening.

5.8.3.1.3. To check power-operated windows/roof panel systems/partition systems with reversing devices, a measuring instrument/test rod shall be placed through the opening from the inside of the vehicle or, in the case of a partition system, from the rear part of the passenger compartment in such a way that the cylindrical surface of the rod contacts any part of the vehicle structure which forms the boundary of the window/roof panel aperture/partition. The force deflection ratio of the measuring instrument shall be not more than 10 N/mm. The position of the test rods (normally located perpendicular to the window/roof panel/partition) are illustrated in Figure 1 of Appendix 3.

5.8.4. Switch location and operation

5.8.4.1. Switches of power-operated windows/roof panels/partitions shall be located or operated in such a way as to minimise the risk of accidental closing. The switches shall require continuous actuation for closing except in the case of points 5.8.2.6, 5.8.2.8 or 5.8.3.

5.8.4.2. All rear-window, roof panel and partition switches intended for use by occupants in the rear of the vehicle shall be capable of being switched off by a driver-controlled switch which is located forward of a vertical transverse plane passing through the R points of the front seats. The driver controlled switch is not required if a rear window, roof panel or partition is equipped with an auto-reversing device. If, however, the driver-controlled switch is present, it shall not be able to override the auto-reversing device.

The driver-controlled switch shall be located so as to minimise any accidental manipulating. It shall be identified by the symbol shown in Appendix 4.

5.8.5. Protection devices

All protection devices which are used to prevent damage to the power source in the case of an overload or stalling shall be capable of resetting automatically whilst the switch controlling the window/roof panel/partition is activated.

5.8.6. Handbook instructions

5.8.6.1. The owner's manual of the vehicle shall contain clear instructions relating to the power-operated window/roof panel/partition, including:

5.8.6.1.1. explanation of possible consequences (entrapment);

5.8.6.1.2. use of the driver-controlled switch;

5.8.6.1.3. a 'WARNING' message indicating the dangers, particularly to children in the case of improper use/activation of the power-operated windows/roof panel systems/partition systems. This information should indicate the responsibilities of the driver, including instructions for other occupants and the recommendation to leave the vehicle only if the key is removed from the ignition lock;

5.8.6.1.4. a 'WARNING' message indicating that special care should be taken when using remote closing systems (see point 5.8.2.7), e.g. to actuate it only when the operator has a clear view on the vehicle to be sure that nobody can be trapped by power-operated windows/roof panels/partition equipments."

(k) Points 6, 7 and 8 are replaced by the following:

"6. GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE

6.1. If the relevant requirements are satisfied, EC type-approval shall be granted pursuant to Article 4(3) of Directive 70/156/EEC.

6.2. A model for the EC type-approval certificate is given in Appendix 2.

6.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.

7. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS

7.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.

8. CONFORMITY OF PRODUCTION

8.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 to Directive 70/156/EEC."

(l) The following appendices are inserted:

"Appendix 1

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0. GENERAL

0.1. Make (trade name of manufacturer): ...

0.2. Type: ...

0.3. Means of identification of type, if marked on the vehicle(b): ...

0.3.1. Location of that marking: ...

0.4. Category of vehicle(c): ...

0.5. Name and address of manufacturer: ...

0.8. Address(es) of assembly plant(s): ...

9. BODYWORK

9.10. Interior fittings

9.10.1. Interior protection for occupants

9.10.1.1. Layout drawing or photographs showing the position of the attached sections or views: ...

9.10.1.2. Photographs or drawing showing the reference line including the exempted area (Annex I, point 2.3.1 to Directive 74/60/EEC): ...

9.10.1.3. Photographs, drawings and/or an exploded view of the interior fittings, showing the parts in the passenger compartment and the materials used, (with the exception of interior rear-view mirrors,) arrangement of controls, roof and opening roof, backrest, seats and the rear part of seats:

9.10.3. Seats

9.10.3.5. Coordinates or drawing of the R point(x)

9.10.3.5.1. Driver's seat: ...

9.10.3.5.2. All other seating positions: ...

9.10.3.6. Design seat-back angle

9.10.3.6.1. Driver's seat: ...

9.10.3.6.2. All other seating positions: ...

(Date, file)

Appendix 2

EC TYPE-APPROVAL CERTIFICATE

STAMP OF ADMINISTRATION

Communication concerning the:

- type-approval(1),

- extension of type-approval(2)(3),

- refusal of type-approval(4)(5),

- withdrawal of type-approval(6)(7),

of a type of a vehicle/component/separate technical unit(8)(9) with regard to Directive .../.../EEC, as last amended by Directive .../.../EC.

Type-approval number: ...

Reason for extension: ...

SECTION I

0.1. Make (trade name of manufacturer): ...

0.2. Type: ...

0.3. Means of identification of type if marked on the vehicle/component/separate technical unit(10)(11)(12): ...

0.3.1. Location of that marking: ...

0.4. Category of vehicle(13): ...

0.5. Name and address of manufacturer: ...

0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: ...

0.8. Address(es) of assembly plant(s): ...

SECTION II

1. Additional information (where applicable): see addendum

2. Technical service responsible for carrying out the tests: ...

3. Date of test report: ...

4. Number of test report: ...

5. Remarks (if any): see addendum

6. Place: ...

7. Date: ...

8. Signature: ...

9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

1. Additional information

1.1. Type of bodywork: ...

1.2. Number of seats: ...

5. Remarks: (e.g. valid for both left-hand drive and right-hand drive vehicles) ...

(1) Delete where not applicable.

(2) Delete where not applicable.

(3) Delete where not applicable.

(4) Delete where not applicable.

(5) Delete where not applicable.

(6) Delete where not applicable.

(7) Delete where not applicable.

(8) Delete where not applicable.

(9) Delete where not applicable.

(10) Delete where not applicable.

(11) Delete where not applicable.

(12) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol "?" (e.g. ABC??123??).

(13) As defined in Annex II, Section A to Directive 70/156/EEC.

Appendix 3

POSITION OF CYLINDRICAL TEST ROD IN THE OPENING ROOF AND WINDOW OPENINGS

Figure 1

>PIC FILE= "C_1999346EN.002602.EPS">

Appendix 4

SYMBOL FOR DRIVER-CONTROLLED SWITCH

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 7 April 1999, the Commission submitted a proposal, based on Article 95 (formerly Article 100A) of the EC Treaty, amending Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats).

2. The European Parliament delivered its opinion on 10 February 1999 without proposing any amendments to the Commission proposal.

3. The Economic and Social Committee delivered its opinion on 9 September 1998.

4. On 28 October 1999, the Council adopted a common position on the Commission proposal in accordance with Article 251 of the Treaty.

II. OBJECTIVE

5. The main objective of the Commission's proposal is to extend the scope of the directive to cover motor vehicles other than category M1. Furthermore Directive 74/60/EEC is adapted to technical progress (i.e. requirements concerning power-operated windows with the aim of eliminating the danger to children which can occur when closing these windows, and similar requirements for power-operated roof panel systems and partition systems), and a number of modifications of an editorial nature have been made.

III. ANALYSIS OF THE COMMON POSITION

Enacting terms

The Council has generally accepted the original Commission proposal and only minor changes have been introduced which do not change the substance of the text.

Annex

The Council has agreed on minor changes to the Annex, many of which are of a drafting nature.