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
Date: 2003-06-20
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, road safety, safety device

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.6.2003
COM(2003) 361 final

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

(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 
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.

last  amended  by  Commission  Directive  96/37/EC,  on 

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

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;

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;

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.

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

1

2

3

4

5

6

Are concerned : minibuses (category M2), buses and coaches (category M3), light-duty trucks (category
N1), medium- and heavy-duty trucks (categories N2 and N3).
Category M1.
OJ L 220, 29.08.1977, p.95.
OJ L 24, 30.01.1976, p.6.
OJ L 221, 12.08.1974, p 1.
OJ L 186, 25.07.1996, p.28.

2

                                                
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.

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

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.

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

7

8

9

Final report A5-0444/2002, 9.12.2002, p.14.
European  Transport  Policy 
http://europa.eu.int/comm/energy_transport.
OJ L 376, 31.12.1991, p.26.

for  2010  –  Time  To  Decide,  Com(2001)370,  page  65  –

3

                                                
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.

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

These conclusions were not contested by the Member States.

10

11

12

Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 (OJ L 42,
13.2.2002, p.1).
Safety  Consideration  of  Longitudinal  Seating  Arrangements  in  Buses  and  Coaches  -  Results  of  an
–
by  Cranfield 
investigation 
http://europa.eu.int/comm/enterprise/automotive/index.htm.
Safety Consideration of Longitudinal Seating Arrangements in Buses and Coaches, Executive Summary
page 4.

conducted 

research 

Impact 

Centre 

2001) 

(July 

4

                                                
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;

5

– 

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.

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.

13

Frontal impact or roll-over accident.

6

                                                
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 € 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
€ 1 Mio  14, then the potential societal benefit would be € 120 Mio per year when all
coaches would have seat belt installed.

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.

14

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

7

                                                
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 Commission15,

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

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

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

Whereas :

(1)

(2)

(3)

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.

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

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.

15

16

17

18

19

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

8

                                                
(4)

(5)

(6)

(7)

(8)

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.

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.

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.

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.

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,

20

21

22

23

OJ L 42, 23.2.1970,p.1
OJ L 18, 21.1.2002, p.1
OJ L 221, 12.8.1974, p.1
OJ L 186, 25.7.1996, p.28.

9

                                                
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 :

“2. This Directive does not apply to folding (tip-up) seats as defined in item

2.7. of Annex I and to rearward-facing seats.”

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.”

10

Article 2
Implementation

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.

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)

b)

no longer grant EC type-approval ;

refuse to grant national type-approval.

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)

b)

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

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

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.

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

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.

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.

1.

2.

3.

1.

2.

3.

4.

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.

11

Article 5
Addressees

This Directive is addressed to the Member States

Done at Brussels,

For the European Parliament
The President

For the Council
The President

12