Common Position (EC) No 18/2005 of 24 January 2005 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 74/408/EEC relating to motor vehicles with regard to the seats, their anchorages and head restraints   (Text with EEA relevance)
Date: 2005-01-24
Institutions: Council of the European Union
Subjects: EC conformity marking, approximation of laws, motor vehicle, road safety, safety device, technical regulations

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COMMON POSITION (EC) No 18/2005

adopted by the Council on 24 January 2005

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
amending Council Directive 74/408/EEC on the approximation of the laws of the Member States
relating to motor vehicles with regard to the seats, their anchorages and head restraints

(Text with EEA relevance)

(2005/C 111 E/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

Research has shown that the use of safety belts and
restraint systems can contribute to a substantial reduc-
tion 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 consti-
tute an important step forward in bringing about an
increase in road safety and a consequent saving of lives.

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

In its Resolution of 18 February 1986 on common
the
measures to reduce road accidents, as part of
Community's programme for road safety (3), the Euro-
pean 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 compul-
sory installation of safety belts and/or restraint systems.

trailers (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
the Community type-approval
system has only been implemented for all new vehicles
of category M1 since 1 January 1998. Consequently,
only these vehicles have to be fitted with seats, seat
anchorages and head restraints fulfilling the provisions
of Directive 74/408/EEC (5).

(1) OJ C 80, 30.3.2004, p. 6.
(2) Opinion of the European Parliament of 17 December 2003 (OJ C
91 E, 15.4.2004, p. 487), Council Common Position of 24 January
2004 and Position of
the European Parliament of … (not yet
published in the Official Journal).

(3) OJ C 68, 24.3.1986, p. 35.
(4) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission

Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

(5) OJ L 221, 12.8.1974, p. 1. Directive as last amended by the 2003

Act of Accession.

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
in vehicles belonging to categories other
road safety,
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 provi-
sions.

Since the entry into force of Commission Directive
96/37/EC of 17 June 1996 adapting to technical
progress Council Directive 74/408/EEC (6),
several
Member States have already made compulsory the provi-
sions contained therein in respect of certain categories
of vehicles other
than M1. Manufacturers and their
suppliers have thus developed the appropriate tech-
nology.

Research has 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,
is necessary to ban those seats in
certain categories of vehicles.

it

(6)

(7)

(8)

(9)

Directive 74/408/EEC should be amended accordingly.

(10)

the objective of

Since
this Directive, 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 Com-
in accordance with the
munity may adopt measures,
principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objec-
tive,

(6) OJ L 186, 25.7.1996, p. 28.

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments 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 shall be subdivided into
classes as defined in section 2 of Annex I to Direc-
tive 2001/85/EC of the European Parliament and of the
Council of 20 November 2001 relating to special provi-
sions for vehicles used for the carriage of passengers
comprising more than eight seats in addition to the
driver's seat (*).

(*) OJ L 42, 13.2.2002, p. 1.’;

(b) paragraph 2 shall be replaced by the following:

This Directive shall not apply to rearward-facing

‘2.
seats.’.

2. The following Article shall be inserted:

‘Article 3a

The installation of side-facing seats shall be prohibited
1.
on vehicles of categories M1, N1, M2 (of class III or B) and
M3 (of class III or B).

Paragraph 1 shall not apply to ambulances or to vehi-
indent of Directive
listed in Article 8(1),

first

2.
cles
70/156/EEC .’;

3. Annex II shall be amended as follows:

(a) point 1.1. shall be replaced by the following:

‘1.1. The requirements of this Annex do not apply to
rear-facing seats or to any head restraint fitted to
such seats.’;

(b) point 2.3 shall be replaced by the following:

‘2.3.

“seat” means a structure which may or may not
be integral with the vehicle structure complete
with trim, intended to seat one adult person. The
term covers both an individual seat or part of a
bench seat intended to seat one person.

Depending on its orientation, a seat is defined as
follows:

2.3.1.

“Forward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which
faces towards the front of the vehicle in such a
manner that the vertical plane of symmetry of

the seat forms an angle of less than +10o or -10o
with the vertical plane of symmetry of
the
vehicle;

2.3.2.

“Rearward-facing seat” means a seat which can
be used whilst
the vehicle is in motion and
which faces towards the rear of the vehicle in
such a manner
the vertical plane of
symmetry of the seat forms an angle of less than
+10o or -10o with the vertical plane of symmetry
of the vehicle;

that

2.3.3.

“Side-facing seat” means a seat which, with
regard to its alignment with the vertical plane of
symmetry of the vehicle, does not meet either of
the definitions given in 2.3.1 or 2.3.2 above;’;

(c) point 2.9 shall be deleted.

4. In Annex III, point 2.5 shall be replaced by the following:

‘2.5.

“seat” means a structure likely to be anchored to the
vehicle structure, including its trim and attachment
fittings, intended to be used in a vehicle and to seat
one or more adult persons.

Depending on its orientation, a seat is defined as
follows:

2.5.1.

“forward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which faces
towards the front of the vehicle in such a manner
that the vertical plane of symmetry of the seat forms
an angle of less than +10o or -10o with the vertical
plane of symmetry of the vehicle;

2.5.2.

“rearward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which faces
towards the rear of the vehicle in such a manner
that the vertical plane of symmetry of the seat forms
an angle of less than +10o or -10o with the vertical
plane of symmetry of the vehicle;

2.5.3.

“side-facing seat” means a seat that, with regard to
its alignment with the vertical plane of symmetry of
the vehicle, does not meet either of the definitions
given in 2.5.1 or 2.5.2 above;’.

5. Annex IV shall be amended as follows:

(a) Point 1.1 shall be replaced by the following:

‘1.1. The requirements set out in this Annex apply to
vehicles in categories N1, N2 and N3 and to those
in categories M2 and M3 not covered by the scope
of Annex III. With the exception of the provisions
of point 2.5, the requirements also apply to side-
facing seats of all categories of vehicles.’;

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(b) point 2.4 shall be replaced by the following:

‘2.4. All seats which can be tipped forward or have
lock automatically in the
fold-on backs must
normal position. This requirement does not apply
to seats fitted in the wheelchair spaces of vehicles
of category M2 or M3 of class I, II or A.’

Article 2

Implementation

1.
As from … (*), 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,
Member States shall not:

(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.

As

from … (**), with respect

2.
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:

to the

seats,

(a) no longer grant EC type-approval;

(b) refuse to grant national type-approval.

As

from … (***), with respect

3.
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:

to the

seats,

Article 3

Transposition

1. Member States shall adopt and publish the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before … (****). They shall forthwith inform the
Commission thereof.

2.

They shall apply these provisions from … (*****).

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.
The methods of making such reference shall be laid down by
Member States.

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 its publication in the Official Journal of the European
Union.

Article 5

Addressees

This Directive is addressed to the Member States.

(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.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

(*) The date referred to in Article 3(2).
(**) Six months after the date referred to in paragraph 1.
(***) 18 months after the date referred to in paragraph 1.

(****) Six months after the date of entry into force of this Directive.
(*****) Six months and one day after the date of entry into force of this

Directive.

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STATEMENT OF THE COUNCIL REASONS

I.

INTRODUCTION

The proposed directive, presented by the Commission on 20 June 2003 (1), is based on Article 95 of
the EC Treaty.

The European Economic and Social Committee delivered an Opinion (2) on 10 December 2003.

The European Parliament completed its first reading and delivered an Opinion on 17 December
2003. (3)

On 24 January 2005 the Council adopted its Common Position as set out in doc. 11935/04.

II. OBJECTIVE

The proposed directive aims 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 in order to impose the fitting of safety belts in motor vehicles other than
passenger cars.

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

— Council Directive 77/541/EEC of 28 June 1977, as last amended by Commission Directive
2003/3/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, 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.

With a view to the compulsory installation of safety belts in all vehicles, the Commission has proposed
to amend the three Directives simultaneously, for technical reasons.

Taking into account that the final objective of the proposed action is to improve road safety, the Direc-
tives should be adopted at the same time and be implemented at the same date.

III. ANALYSIS OF THE COMMON POSITION

1. General

In the common position which was adopted unanimously, the Council:

— has modified Article 1, namely by including folding (tip-up) seats in the scope of the Directive

and inserting definitions to categorise the various seat orientations;

— has postponed various dates of entry into force in Article 2;

— has rejected the three EP Amendments:

— The EP Amendment No 3 proposing to create a new recital 8a) concerning side-facing tests
to be examined by the Commission was rejected because the Council does not believe that
more test are necessary to conclude that side-facing seats are dangerous for occupants of all
kinds of vehicles;

— EP Amendments Nos 1 and 2 restricting in Article 1 the prohibition of the installation of
side-facing seats to certain categories of motor vehicles were rejected as the Council shares
the Commission's concerns in prohibiting lateral seats in all kind of vehicles for the safety of
passengers.

(1) Doc. 10888/03 ENT 115 CODEC 909.
(2) OJ C 80, 30.3.2004, p. 6.
(3) OJ C 91 E, 15.4.2004, p. 487.

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2. New elements contained in the Common Position as compared with the Commission

proposal

Article 1, point 1

Deletion of the reference to the non-application of the Directive to ‘folding (tip up) seats’.

Point 2

— The obligation of the Member States to prohibit the fitting of side-facing seats has been moved

to Article 2 concerning the implementation,

— the scope of the ban on side-facing seats has been clarified.

Two new points (points 3 and 4) were inserted to define the various seat orientations: forward-
facing seats, rearward-facing seats and side-facing seats.

Point 5 (ex-point 3)

A new paragraph specifies that the automatic locking system required on folding seats does not
apply to folding seats fitted in the wheelchair spaces of vehicles of categories M2 or M3 of class I, II
or A (urban buses).

Article 2

All the dates concerning the implementation of the Directive have been postponed and replaced by
mobile dates depending on the date of adoption of this new Directive.

IV. CONCLUSION

The common position, broadly in line with the Commission proposal, has been unanimously adopted
by the Council. The main changes to the Commission proposal concern the inclusion on one hand of
the folding seats in the scope of the Directive and on the other hand of definitions of various seat
orientations. In addition, the dates of transposition and of entry into force of this Directive have been
adapted.