Common Position (EC) No 63/2002 of 14 November 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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
Date: 2002-11-14
Institutions: Council of the European Union
Subjects: approximation of laws, child, motor car, safety device, technical standard, transport safety

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COMMON POSITION (EC) No 63/2002

adopted by the Council on 14 November 2002

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . 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

(2002/C 299 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71(1) thereof,

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

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

After consulting the Committee of the Regions,

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

Whereas:

(1) Article 153 of the Treaty requires in particular that,

in
order to ensure a high level of consumer protection, the
Community shall contribute to protecting the health,
safety and economic interests of consumers.

(2) In its Resolution of 13 March 1984 (4),

the European
Parliament made the compulsory use of safety belts on
all roads, whether rural or urban, a priority measure. In
its Resolution of 18 February 1986 (5), it stressed the need
to make the wearing of safety belts compulsory for all
passengers,
in public service
vehicles.

including children, except

(3) Directive 91/671/EEC (6) provides for the compulsory use
of child restraints on seats fitted with safety belts. That
Directive does not specify the type of child-restraint
system that would be appropriate and allows for the
carriage of children without being restrained by an appro-
priate child restraint where such a restraint is unavailable.

(4) Greater stringency in the use of such systems is necessary,
thus moving closer to the principle of compulsory use
referred to in the second paragraph of Article 2 of the
Directive.

(5) By Council Decision 97/836/EC (7),
the Community
the United Nations
acceded to the Agreement of
Economic Commission for
the
concerning
adoption of uniform technical prescriptions for wheeled
vehicles, equipment and parts which can be fitted to
and/or be used on wheeled vehicles and the conditions
for reciprocal recognition of approvals granted on the
basis of these prescriptions.

Europe

(6) By its accession to that Agreement,

the Community
established
acceded to a defined list of
pursuant
including that concerning
the approval of restraining devices for child occupants of
power-driven vehicles (child restraints).

to that Agreement,

regulations

(7) Although the number of children fatally injured in car
crashes is relatively small compared with child pedestrian
or child cyclist fatalities, common child protection rules
need to be reinforced. In particular, research has shown
that the use of child restraints can make a substantial
contribution to reducing the severity of
injury in the
the risk of a more severe
event of a crash and that
crash injury is higher for unrestrained children than for
restrained children.

(1) OJ C 96 E, 27.3.2001, p. 330.
(2) OJ C 260, 17.9.2001, p. 30.
(3) Opinion of the European Parliament of 31 May 2001 (OJ C 47 E,
21.5.2001, p. 156), Council Common Position of 14 November
2002 and Decision of the European Parliament of . . .
(not yet
published in the Official Journal).

(8) Member States should nevertheless, with the Commission's
agreement, be able to authorise certain exemptions for
transport in their territory in the case of very specific
situations; Member States should also take the necessary
steps in order to avoid abuse.

(4) OJ C 104, 16.4.1984, p. 38.
(5) OJ C 68, 24.3.1986, p. 35.

(6) OJ L 373, 31.12.1991, p. 26.
(7) OJ L 346, 17.12.1997, p. 78.

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(9) Since it is increasingly common for M2 and M3 vehicles to
be fitted with safety belts in accordance with Commission
Directives 96/36/EC (1), 96/37/EC (2) and 96/38/EC (3), it is
reasonable that seated passengers should be required to
should be
use
informed of the requirement
to wear their safety belts
when the vehicle is in motion.

in such vehicles

Passengers

them.

(10) There are not at present any studies

in view of

recognised at
Community level concerning the use of safety systems
by children under three years of age in M2 and M3
the importance of
vehicles. Accordingly,
protecting children against all
the
Commission should carry out such studies in order to
determine the most appropriate Community arrangements
to apply to children travelling in such vehicles. Pending
the completion of those studies, however, the Member
States should be allowed to choose the arrangements to
apply.

types of accident,

(11) Technical developments are constantly taking place in the
field of safety systems; machinery for technical adaptation
should therefore be established.

(12) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (4),

for

Annex II 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.

2.

For the purposes of this Directive:

— the definitions of safety systems, including safety belts
and child restraints, with regard to vehicles in categories
M1 and N1, and of the components thereof shall be
those appearing in Annex I to Directive 77/541/EEC (**);

— “rearward-facing” shall mean facing in the direction
opposite to the normal direction of travel of the vehicle.

Child restraints

3.
groups”:

shall be classified in five “mass

(a) Group 0 for children of a mass of less than 10 kg;

(b) Group 0+ for children of a mass of less than 13 kg;

(c) Group I for children of a mass of from 9 kg to 18 kg;

(d) Group II for children of a mass of from 15 kg to 25 kg;

HAVE ADOPTED THIS DIRECTIVE:

(e) Group III for children of a mass of from 22 kg to 36 kg.

Article 1

4.

Child restraints shall be subdivided into two classes:

Directive 91/671/EEC is hereby amended as follows:

1. The title shall be replaced by the following:

‘Council
Directive of 16 December 1991 relating to the compulsory
use of safety belts and child-restraint systems in vehicles’;

2. Article 1 shall be replaced by the following:

‘Article 1

This Directive shall apply to all motor vehicles in
1.
categories M1, M2, M3, N1, N2 and N3 as defined in

(1) 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 (OJ L 178, 17.7.1996,
p. 15).

(2) Commission Directive 96/37/EC of 17 June 1996 adapting to
technical progress Council Directive 74/408/EEC relating to the
interior fittings of motor vehicles (strength of seats and of their
anchorages) (OJ L 186, 25.7.1996, p. 28).

(3) Commission Directive 96/38/EC of 17 June 1996 adapting to
technical progress Council Directive 76/115/EEC relating to
anchorages for motor vehicle safety belts (OJ L 187, 26.7.1996,
p. 95).

(4) OJ L 184, 17.7.1999, p. 23.

(a) an integral class comprising a combination of straps or
flexible components with a securing buckle, adjusting
device, attachments and in some cases a supplementary
chair and/or impact shield, capable of being anchored
by means of its own integral strap or straps;

(b) a non-integral class that may comprise a partial restraint
which, when used in conjunction with an adult belt
which passes around the body of the child or restrains
the device in which the child is placed,
forms a
complete child-restraint system.

___________
(*) 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 (OJ L 42, 23.2.1970, p. 1). Directive as
last amended by Commission Directive 2001/116/EC
(OJ L 18, 21.1.2002, p. 1).

(**) Council Directive 77/541/EEC of 28 June 1977 on the
approximation of
the Member States
the laws of
relating to safety belts and restraint systems of motor
vehicles (OJ L 220, 29.8.1977, p. 95). Directive as last
amended by Commission Directive 2000/3/EC (OJ L
53, 25.2.2000, p. 1).’;

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3. Article 2 shall be replaced by the following:

United Nations Economic Commission for Europe or
Directive 75/541/EEC.

‘Article 2

1. M1, N1, N2 and N3 vehicles:

(a)

(i) For M1, NI, N2 and N3 vehicles, Member States
shall require that all occupants of vehicles in use
shall use the safety systems provided.

Children less than 150 cm in height occupying M1,
N1, N2 and N3 vehicles fitted with safety systems
shall be restrained by an integral or non-integral
child-restraint
system, within the meaning of
Article 1(4)(a) and (b), suitable for the child's mass
as defined in Article 1(3).

In M1, N1, N2 and N3 vehicles that are not fitted
with safety systems:

— children under three years of age may not be

transported,

— without prejudice to point

(ii), children aged
three and over and less than 150 cm in height
shall occupy a seat other than a front seat.

in their

(ii) Member States may allow,

territory,
children of less than 150 cm in height and of at
least 135 cm in height to be restrained by a safety
belt
shall be
re-examined according to the procedure referred
to in Article 7b(2).

adults. These height

limits

for

(iii) Member States may, however, allow,

in their
territory, those children referred to in (i) and (ii)
to be restrained by a child-restraint system
not
when travelling in taxis. However, when the above-
mentioned children are travelling in taxis not fitted
with restraint systems they shall occupy a seat other
than a front seat.

(b) Children may not be transported using a rearward-facing
child-restraint system in a passenger seat protected by a
front air bag, unless the air bag has been deactivated,
even in cases where the air bag is automatically deac-
tivated in a sufficient manner.

(c) Where a child-restraint system is used,

it shall be
approved to the
standards of UN-ECE Regulation
44/03 or Directive 77/541/EEC, or any other subsequent
adaptation thereto.

2. M2 and M3 vehicles:

(a) Member States shall require that all occupants aged
three and over of M2 and M3 vehicles in use shall
use the safety systems provided while they are seated.

Child restraints shall be approved in accordance with
paragraph (1)(c) and (d).

(b) Passengers in M2 and M3 vehicles shall be informed of
the requirement to wear safety belts whenever they are
seated and the vehicle is in motion. They shall be
informed in one or more of the following ways:

— by the driver,

— by the conductor, courier or official designated as

group leader,

— by audio-visual means (e.g. video),

— by signs and/or the pictogram established by the
Member States in accordance with the Community
design in the Annex, prominently displayed at every
seating position.

___________
(*) Five years after the date of entry into force of this

Directive.’;

4. Article 4 shall be deleted;

5. Article 6 shall be replaced by the following:

‘Article 6

Member States may, for transport in their territory, with the
Commission's agreement, grant exemptions other
than
those laid down in Article 5, in order:

— to take account of specific physical conditions, or

particular circumstances of limited duration,

— to allow certain types of occupation to be carried out

effectively,

— to ensure that the police, security or emergency services

can perform their duties properly,

(d) Until . . . (*) Member States may permit the use of child-
restraint
systems approved in accordance with the
national standards applicable in the Member State on
the date of installation of the restraint system or with
national standards equivalent to Regulation 44/03 of the

— where two child restraints are fitted in the rear of M1
and N1 vehicles and lack of space prevents the fitting of
a third, to allow a third child, aged three or over and
less than 150 cm in height, to be restrained by means
of a safety belt for adults,

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— to allow children aged three and over to be restrained by
means of an adult safety belt, in seats other than the
front seats of M1 and N1 vehicles,
for occasional
transport over a short distance when no child restraint
or an insufficient number of child restraints is available
in the vehicle;

— to take account of the specific conditions of use of M2
in urban and
local

and M3 vehicles
built-up areas, or in which standing is allowed.’;

transport

for

to the European Parliament and the
and shall submit
Council a report on the findings of those studies and on
the application of
this Directive, particularly on the
exemptions granted by Member States pursuant to Article
6, in order to assess the advisability of strengthening safety
measures and the need for greater harmonisation. Where
appropriate, on the basis of this report, the Commission
shall submit appropriate proposals.

Article 7b

6. the following Articles shall be added:

1.

The Commission shall be assisted by a committee.

‘Article 6a

Member States may, with the Commission's agreement,
grant
temporary exemptions, other than those provided
for in Articles 5 and 6, in order that, subject to compliance
with the rules of the Member State concerned, for local
transport operations, particularly for
a
greater number of seated children may be transported in
M2 and M3 vehicles than there are seats available fitted
with safety belts.

school buses,

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC (*) shall apply, having
regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

The committee shall adopt its rules of procedure.

3.
___________
(*) OJ L 184, 17.7.1999, p. 23.’;

The period of validity of such exemptions, set by the
Member State, may not be more than five years from . . . (*).

8. the Annex appearing in the Annex to this Directive shall be

added.

Article 6b

Article 2

Member States may, for transport in their territory, grant
temporary exemptions, other than those provided for in
Articles 5 and 6, in order, subject to compliance with the
rules of the Member State concerned, to allow a greater
number of persons to be transported in seats other than
the front seats of M1 and N1 vehicles than there are seats
available fitted with safety belts or restraint systems.

The period of validity of such exemptions, set by the
Member State, may not be more than six years from . . . (*).

___________
(*) The date of entry into force of this Directive.’;

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

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
Member States.

Article 3

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

7. the following Articles shall be added:

Article 4

‘Article 7a

This Directive is addressed to the Member States.

To take account of technical progress, Articles 2 and 6
1.
of this Directive may be adapted in accordance with the
procedure referred to in Article 7b(2).

Done at . . .

The Commission shall continue to carry out studies on
2.
the
improving the
suitable
safety systems most
protection of all passengers against all types of accident

for

For the European Parliament

The President

For the Council

The President

(*) Three years after the entry into force of this Directive.

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ANNEX

‘ANNEX

COMMUNITY DESIGN FOR THE PICTOGRAM PROMINENTLY DISPLAYED AT EVERY SEATING POSITION
FITTED WITH A SAFETY BELT IN M2 AND M3 VEHICLES COVERED BY DIRECTIVE 91/671/EEC

(Colours: a white figure on a blue background)

’

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

Having regard to Article 71 of the EC Treaty, and in the framework of the co-decision procedure in
accordance with Article 251 of the EC Treaty, the Council adopted its common position on a draft
Directive of the European Parliament and of the Council amending Council Directive 91/671/EEC (1) 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 on 14 November 2002.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading of 31 May 2001 (2) and the opinion of the Economic and Social Committee delivered on 11
July 2001 (3). The Committee of the Regions waived its right to deliver an Opinion (4).

The aim of the draft Directive is to improve road safety,
in particular for children, by defining a
regulatory framework concerning the use and the conditions for use of safety belts and child-restraint
systems and concerning their technical standards. In concrete terms, the draft Directive extends the
scope of application of Directive 91/671/EEC and requires the use of seat belts where provided by all
motor vehicle (M1, M2, M3, N1, N2, and N3 vehicles as defined in Annex II
to Directive
70/156/EEC (5)) 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).

II. ANALYSIS OF THE COMMON POSITION

The Council fully supports the general aim of the Commission's proposal, i.e. a more stringent use of
safety belts and child-restraint systems in all types of vehicles. Hence, it aims to ensure a maximum
degree of protection for all occupants in all categories of vehicles concerned by making the use of safety
belts or child-restraint systems compulsory; without prejudice to transitional arrangements (continuation
of national standards up to five years as from the entry into force of the Directive), the child-restraint
systems shall be approved to the standards of UN-ECE Regulation 44/03 or Directive 77/541/EEC.
Nevertheless, a certain degree of flexibility in the conditions for the use of the restraint systems — in
the form of exemptions from the overall obligation to use these devices — forms part of
the
compromise reached by the Council in its common position. The draft amended Directive 91/671/EEC
will comprise the following exemptions:

— a first category of exemptions are granted at Community-wide level;

these (already existing)

exemptions concern serious medical reasons;

— a second category of exemptions may be granted, with the Commission's agreement, by Member
States, for transport in their territory, in order to address some specific situations. The three already
existing exemptions are confirmed whilst three new ones are being added: the latter flow from the
extended obligation on the use of safety belts and child-restraint systems;

— a third category of temporary exemptions may be granted, with the Commission's agreement, by
Member States, for transport in their territory,
in order to address in particular local transport
operations; these exemptions can not last longer than five years from the date of entry into force
of the Directive;

(1) OJ L 373, 31.12.1991, p. 26.
(2) OJ C 47 E, 21.2.2002, p. 156.
(3) OJ C 260, 17.9.2001, p. 30.
(4) Letter of 19.6.2001.
(5) OJ L 42, 23.2.1970, p. 1.

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— finally, a fourth category of temporary exemptions, limited to a maximum of 6 years from the date of
entry into force of the Directive, concerns situations where the number of persons sitting in seats
other than front seats in private vehicles is greater than the number of seat belts or restraint systems
fitted (the so-called ‘large families’ exemption).

It should be underscored that the two last categories of exemptions are subject to compliance with the
rules of the Member State concerned.

The scientific evidence at present available at Community level concerning the use of safety systems by
children under three years of age in M2 and M3 vehicles is deemed not sufficient to warrant the
determination already at this stage of the most appropriate Community arrangements to apply to this
category of occupants travelling in such vehicles. Pending the completion of studies by the Commission
on such Community arrangements, the Member States will decide their own national arrangements.

Amendments of the European Parliament

The Council accepted amendment 5 on (already existing or new) exemptions, which can be granted by
Member States on a permanent basis.

The Council accepted in substance amendments 2, 3 and 6.

— Amendments 2 and 3, regarding the use of adult safety belts by children, propose that — for M1
and N1 vehicles — any child over 150 cm in height may wear an adult safety belt; however, these
amendments do not address children over 12 whose height is less than 150 cm. Therefore, the
Council's common position provides that — for M1, N1, N2 and N3 vehicles — any child over
150 cm in height may wear a safety belt for adults. Member States may allow, in their territory, the
same for children from 135 cm upwards. Consequently, any child of less than 150 cm or 135 cm
in height — as the case may be — must be restrained by a child-restraint system, except children
under three years of age in buses (M2 and M3 vehicles).

— Amendment 6 proposes to add a new Article requesting the Commission to report by 1 August
if appropriate, by
2004 on the need for even more stringent safety measures accompanied,
proposals. Furthermore, within the framework of this report, the Commission is invited to inves-
tigate the possibility to develop, in cooperation with industry, more user-friendly, air-bag systems.
The Council's common position includes in its article 7a (2) a request to the Commission to carry
out studies on the most suitable safety systems for improving the protection of all passengers, on
the application of this Directive and in particular on the exemptions granted by Member States; the
Commission should report on its findings, and join appropriate proposals, if needed.

The Council could not approve amendment 4, on the grounds that this Directive concerning the laws of
the Member States relating to the use of safety belts is not the proper legal framework to impose an
obligation on vehicle manufacturers. The Council furthermore rejected amendment 1, on the grounds
that it is questionable whether such a request to the Commission (for an information campaign) belongs
in a Directive.