Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 74/408/EEC relating to motor vehicles with regards to the seats, their anchorages and head restraints

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Objective of the proposal

This proposal for a Directive seeks to amend Council Directive 74/408/EEC of 22 July 1974, as last amended by Commission Directive 96/37/EC, on the approximation of the laws of the Member States relating to seats for motor vehicles with a view to impose the fitting of safety belts in motor vehicles other than passenger cars [1], from 1st July 2004.

[1] Are concerned : minibuses (category M2), buses and coaches (category M3), light-duty trucks (category N1), medium- and heavy-duty trucks (categories N2 and N3).

Currently, only passenger cars [2] are required by Community laws to be fitted with safety belts.

[2] Category M1.

The following Directives concern the installation of safety belts in relation to vehicles :

- Council Directive 77/541/EEC of 28 June 1977 [3], as last amended by Commission Directive 2000/3/EC, on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles;

[3] OJ L 220, 29.08.1977, p.95.

- Council Directive 76/115/EEC of 18 December 1975 [4], as last amended by Commission Directive 96/38/EC, on the approximation of the laws of the Member States relating to anchorages for motor-vehicles safety belts;

[4] OJ L 24, 30.01.1976, p.6.

- Council Directive 74/408/EEC of 22 July 1974 [5], as last amended by Commission Directive 96/37/EC [6], relating to motor vehicles with regard to the seats, their anchorages and head restraints.

[5] OJ L 221, 12.08.1974, p 1.

[6] OJ L 186, 25.07.1996, p.28.

With a view to the compulsory installation of safety belts in all vehicles, the Commission is proposing to amend the three Directives simultaneously. Taking into account that the final objective of the proposed action is to improve road safety, they should be adopted at the same time and be implemented at the same date.

2. Legal basis

The proposed amending directives are based on Article 95 of the Treaty establishing the European Community. They are founded on the principle of total harmonisation, the purpose of which is to replace national laws and procedures that are liable to create barriers to the free movement of goods by a single, binding set of Community rules and a single approval procedure.

In this particular case, the installation of seat belts in vehicles other than passenger cars requires that manufacturers develop the appropriate technology to provide occupants with the highest degree of protection. Relevant provisions for such purposes are already present in the Community legislation.

In the interests of the good functioning of the internal market, these Directives must be made compulsory within the Community and implemented at the same date. Only such concerted action can contribute to ensure the proper functioning of the internal market.

3. Background

Improving road safety is an important issue, which concerns every citizen within the European Union. The European Parliament, in a report dated 9 December 2002, considers that transport safety in Europe should be the top-priority and that measures likely to contribute to reducing road deaths and serious injuries should be identified [7].

[7] Final report A5-0444/2002, 9.12.2002, p.14.

The Commission in its White Paper European Transport Policy for 2010 - Time To Decide recalls indeed :

"The price paid for mobility in Europe is still far too high. Since 1970, for example, more than 1.64 Mio of our citizens have been killed on the road [...]. In 2000, road accidents killed over 40 000 people in the European Union and injured more than 1.7 Mio [...] One person in three will be injured in an accident at some point in their lives." [8]

[8] European Transport Policy for 2010 - Time To Decide, Com(2001)370, page 65 - http://europa.eu.int/comm/ energy_transport.

Amongst the measures envisaged by the Commission is included the extension of the use of the safety belts, where fitted in vehicles. Up to now, the compulsory use of restraints is required in light vehicles, where fitted, by Council Directive 91/671/EEC [9]. Front and rear seats of vehicles belonging to the category M1, front seats of vehicles belonging to category N1 and certain M2 vehicles are concerned but in no case, heavy vehicles.

[9] OJ L 376, 31.12.1991, p.26.

The European Parliament and the Council are in the process of adopting an amendment to Directive 91/671/EEC, which would require the compulsory use of safety belts in all vehicles where fitted.

To make these measures much more effective in terms of occupant protection, action needs to be undertaken to require manufacturers to fit seats with safety belts in all motor vehicles and in coaches more specifically.

4. technical aspects

Safety belt anchorages intended for heavy-duty vehicles including buses and coaches cannot, for technical reasons, be fixed into the body structure of the vehicle, as is usually the case for passenger cars, and are fixed to the seats. For this reason, compliance with the three Directives in combination is required since safety belts and/or restraint systems have to be securely attached to reinforced and standardised anchorages, installed in the vehicle in such a way as to allow the correct wearing of the belts. Moreover, the forces exerted on the belt by the human body in the case of an impact are transferred to the seat anchorages, reason why their strength should be checked under combined loads.

To date, no safety belt was required in the case of side-facing seats. The Commission is taking this opportunity to assess the possibility to make their fitting compulsory in the case of side-facing seats. At the time of the discussions regarding the Directive 2001/85/EC [10] relating to safety in buses and coaches, the Commission launched a study to determine which kind of safety belts could secure the passengers the most efficiently. The findings drawn up by the consultant have led to the conclusion it is preferable to ban side-facing seats from these vehicles with the exception of city buses [11].

[10] Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 (OJ L 42, 13.2.2002, p.1).

[11] Safety Consideration of Longitudinal Seating Arrangements in Buses and Coaches - Results of an investigation research conducted by Cranfield Impact Centre (July 2001) - http://europa.eu.int/comm/enterprise/ automotive/index.htm.

5. Subsidiarity

The principles of 'subsidiarity' and 'proportionality' enshrined in Article 5 of the Treaty establishing the European Community have been taken into account. The objective of this Directive, namely the increase in road safety and the avoidance of barriers to trade within the Community, cannot properly be attained by the Member States due to the scale and impact of the action and may therefore be attained more effectively at Community level. This Directive does not go beyond what is necessary to reach that objective.

6. Involvement of interested parties

6.1. Position of the Member States

Member States have been informed of the content of this proposal via the Commission's Consultative Group, the Motor Vehicle Working Group - MVWG - that is made up of representatives of the Member States, the industry and non-governmental organisations. The majority of the Member States is supporting this proposal.

In preparing its proposal, the Commission took account of research work carried out by the consultant relating to longitudinal seating arrangements in Buses and Coaches, which concludes that "longitudinal seating should not be permitted in those classes of vehicles where standees are not allowed and should be permitted in those classes of vehicles where standees are allowed subject to certain design considerations and the nature of operation of the vehicle e.g. whether it is local service, city bus etc". [12]

[12] Safety Consideration of Longitudinal Seating Arrangements in Buses and Coaches, Executive Summary page 4.

These conclusions were not contested by the Member States.

6.2. Position of the non-governmental organisations

No negative opinion has been expressed by representatives of non-governmental organisations. However the International Road Transport Union (IRU) regrets the ban of side-facing seats in coaches, which would imply the disappearance of 'cosy corners' from luxury coaches.

6.3. Position of the industry

In so far as the technical provisions regarding the installation of safety belts in all categories of vehicles are included in Directives 74/408/EEC, 77/541/EEC and 76/115/EEC, they have already been transposed in the national legislation of the Member States since 1st January 1997. All manufacturers have therefore developed appropriate technical solutions to comply with those directives.

The European Automobile Manufacturers Association has not raised any objection with respect to the Commission's proposals. However, it pleads for a reasonable period of time allowing the technical changes to be taken into account through appropriate validation and to be integrated in production schedules. It also requests that it be possible to waive some provisions of Directives 74/408/EEC, 76/115/EEC and 77/541/EEC in cases of small series production.

7. content of the proposal

The proposal contains two main articles.

7.1. Article 1 : Amendment to Directive 74/408/EEC

Article 1 seeks to define the vehicles of category M2 and M3 taking into account Directive 2001/85/EC on buses and coaches. This approach provides the appropriate means to operate a distinction between city-buses, inter-city buses and travel coaches.

A new article is inserted in the Directive with a view to banning installation of side-facing seats in new vehicle types from 1 July 2004 and in new vehicles belonging to existing types from 1 January 2006.

However, some exemptions are permitted, which take into account the special use of special purpose vehicles, which can require side-facing seats. This is the case of ambulances for example.

7.2. Article 2 : Implementation

Article 2 includes three dates :

- 1st January 2004: the date from when Member States have to accept vehicles approved in accordance with the amending Directive;

- 1st July 2004 : the date from when new types of vehicles belonging to the concerned categories have to fulfil the requirements of the Directive;

- 1st January 2006 : the date from when all new vehicles belonging to existing types have to comply with the Directive.

8. Economic aspects : cost-benefit analysis

8.1. General

It is not an easy task to work out, with accuracy, the economic costs, which the measures laid down in the proposed amendment to Directive 74/408/EEC will impose on the construction of vehicles. A number of different factors have to be taken into consideration and their influence is complex to analyse.

Firstly, it should be underlined that since 1999 many recent vehicles other than passenger cars have been fitted with safety belts on a voluntary basis, the result of which is a lowering of the contribution required from industry. However, in the frame of the present appraisal, it has been considered that trucks and tractors for semi-trailers are fitted with safety belts, while coaches are only equipped where their fitting is required by national legislation.

The measures envisaged will find their most rewarding application when used in these coaches, which are designed to carry up to sixty seated passengers.

It is important that passengers are efficiently protected in any event of accident [13]. Therefore, the installation of safety belts implies that not only seats and seat fixations are properly reinforced, but also the whole vehicle superstructure in order to withstand the increased kinetic energy forces during the roll-over due to the belted passengers.

[13] Frontal impact or roll-over accident.

In many cases, it will be necessary to re-design the whole vehicle with a view to better distributing the energy within the superstructure, thus avoiding a situation where the deformation provides passengers with insufficient survival space.

In respect of the expected benefits, data from 'accidentology' studies allow an assessment of the influence of the measures on the number of fatalities in the case of ejection. However, it is difficult to predict whether the severity of injuries undergone by the belted passengers when impacting the internal structures will decrease significantly. Moreover, it should be recalled that the compulsory fitting of safety belts will not ensure that all passengers would use them permanently.

Considering these assumptions, the cost-benefit analysis could definitely only be seen as an indicative appraisal.

8.2. Costs for the installation of safety belts in coaches

As said, to install safety belts in a modern sixty passengers 'upper-deck coach' would require a reinforced floor and a reinforced superstructure.

Assuming that almost 3 500 new vehicles would have to be fitted with safety belts and based on an economic life-time of 10 years, it is estimated that total costs would amount to about EUR 3,6 Mio a year.

8.3. Benefits

In respect of coaches, assuming that 80 % of the passengers will actually wear the safety belt, it is reasonable to think that 120 passengers could presumably have their life safe in road accidents.

Taking account that the economic societal benefit for saving one life is estimated to EUR 1 Mio [14], then the potential societal benefit would be EUR 120 Mio per year when all coaches would have seat belt installed.

[14] Source: Directorate General Energy & Transport - Priorities in EU road safety progress report and ranking of actions COM(2000) 125 final.

It is still to be investigated how many seriously injured persons would have been better protected if they were wearing a safety belt. It is reasonable to think that a significant decrease of incidence and severity of occupants injuries and social suffering will result from the proposed measures.

9. Conclusion

Keeping occupants within an overturning coach can be the key to their survival. Generally, most of them who are ejected will die of their injuries. Those occupants that remain in the vehicles as they come to rest will generally survive.

Similarly, more and more heavy- and light-duty trucks are involved in road accidents and a lot of occupants are killed because they were not belted due to the absence of any restraint system in their vehicles.

Although the price to pay by society may seem being rather high, it should be compared to the benefits in terms of reduction in injuries and deaths.

2003/0128 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 74/408/EEC relating to motor vehicles with regards to the seats, their anchorages and head restraints

(Text with EEA relevance)

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 [15],

[15] OJ C[......],[......],p.[......].

Having regard to the opinion of the European Economic and Social Committee [16],

[16] OJ C[......],[......],p.[......].

Having regard to the opinion of the Committee of the Regions [17],

[17] OJ C[......],[......],p.[......].

Acting in accordance with the procedure laid down in Article 251 of the Treaty [18],

[18] OJ.

Whereas :

(1) Research has shown that the use of safety belts and restraint systems can contribute to a substantial reduction in the number of fatalities and the severity of injury in the event of an accident, even due to rollover. Their fitting in all categories of vehicles will certainly constitute an important step forward to provide an increase in road safety and a consequent saving of lives.

(2) A substantial benefit to society can be accrued if all vehicles are provided with safety belts.

(3) In its resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety [19], the European Parliament stressed the need for making the wearing of safety belts compulsory for all passengers, including children, except in public service vehicles. Therefore, a distinction has to be made between public service buses and other vehicles as regards the compulsory installation of safety belts and/or restraint systems.

[19] OJ C 68, 24.3.1986, p.35.

(4) Pursuant to 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 [20], as last amended by Commission Directive 2001/116/EC [21], the Community type-approval system has only been implemented for all new vehicles of category M1 from 1 January 1998. Consequently, only these vehicles have to be fitted with seats, seat anchrorages and head restraints fulfilling the provisions of Council Directive 74/408/EEC of 22 July 1974 relating to motor vehicles as regards to the seats, their anchorages and head restraints [22], as last amended by Commission Directive 96/37/EC [23].

[20] OJ L 42, 23.2.1970,p.1

[21] OJ L 18, 21.1.2002, p.1

[22] OJ L 221, 12.8.1974, p.1

[23] OJ L 186, 25.7.1996, p.28.

(5) Until the Community type-approval system is extended to all categories of vehicles, the installation of seats and seat anchorages, compatible with the installation of seat belt anchorages should be required in the interests of road safety in vehicles belonging to categories other than M1.

(6) Directive 74/408/EEC already provides for all technical and administrative provisions allowing the type-approval of vehicles of categories other than M1. Therefore, the Member States do not need to introduce further provisions.

(7) Since the entry into force of Directive 96/37/EC, several Member States have already made compulsory the provisions contained therein in respect of certain categories of vehicles other than M1. Manufacturers and their suppliers have thus developed the appropriate technology.

(8) Research work have shown that it is not possible to provide side-facing seats with safety belts ensuring the same level of safety to the occupants as front-facing seats. For safety reasons, it is necessary to ban those seats in certain categories of vehicles.

(9) Directive 74/408/EEC should be amended accordingly.

(10) Since the objectives of the proposed action, namely the improvement of road safety by the introduction of the compulsory fitting of safety belts in certain categories of vehicles, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary for that purpose,

HAVE ADOPTED THIS DIRECTIVE :

Article 1 Amendment to Directive 74/408/EEC

Directive 74/408/EEC is hereby amended as follows :

1. Article 1 shall be amended as follows :

a) In paragraph 1 the following subparagraph shall be added :

// "Vehicles of category M2 and M3 are subdivided in class as defined in section 2 of Annex I to Directive 2001/85/EC of the European Parliament and of the Council *

* OJ L 42, 13.2.2002, p. 1"

b) Paragraph 2 shall be replaced by the following :

>TABLE POSITION>

2. The following Article 3a shall be inserted :

"Article 3a

1. With effect from [1 July 2004], Member States shall prohibit the installation of side-facing seats on new types of vehicles of categories M1, N1, M2 and M3 of class III or B.

2. With effect from [1 January 2006], Member States shall prohibit the installation of side-facing seats on new vehicles of categories M1, N1, M2 and M3 of class III or B.

3. Paragraphs 1 and 2 shall not apply to ambulances, the vehicles listed in Article 8(1) first indent to Directive 70/156/EEC and to the seating of motor caravans intended solely for use when the vehicle is stationary."

3. In Annex IV item 1.1. shall be replaced by the following :

"1.1. The requirements set out in this Annex apply to vehicles in categories N1, N2 or N3 and those in categories M2 and M3 not covered by the scope of Annex III. They also apply to side-facing seats of all categories of vehicles with the exception of paragraph 2.5."

Article 2 Implementation

1. With effect from [1 January 2004], Member States shall not with respect to the seats, their anchorages and head restraints, which comply with the requirements set out in Directive 74/408/EEC as amended by this Directive :

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

b) prohibit the registration, sale or entry into service of new vehicles.

2. With effect from [1 July 2004], with respect to the seats, their anchorages and head restraints, which do not comply with the requirements set out in Directive 74/408/EEC as amended by this Directive, Member States shall in respect of a new type of vehicle :

a) no longer grant EC type-approval ;

b) refuse to grant national type-approval.

3. With effect from [1 January 2006], with respect to the seats, their anchorages and head restraints, which do not comply with the requirements set out in Directive 74/408/EEC as amended by this Directive, Member States shall :

a) consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7(1) of Directive 70/156/EEC ;

b) refuse the registration, sale or entry into service of new vehicles, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

Article 3 Transposition

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before [......six months after its adoption]. They shall forthwith inform the Commission thereof.

2. They shall apply these provisions from [......six months after its adoption].

3. When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

4. Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 4 Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 5 Addressees

This Directive is addressed to the Member States

Done at Brussels,

For the European Parliament For the Council

The President The President