Common Position (EC) No 17/2005 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 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles   (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 17/2005

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 77/541/EEC on the approximation of the laws of the Member States
relating to safety belts and restraint systems of motor vehicles

(Text with EEA relevance)

(2005/C 111 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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)

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
measures to reduce road accidents, as part of
the
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.

(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

(5)

(6)

(7)

(8)

trailers (4),

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 safety belts
and/or restraint systems fulfilling the provisions of Direc-
tive 77/541/EEC (5).

Until the Community type-approval system is extended
to all categories of vehicles, the installation of safety
belts and/or restraint systems should be required, in the
interests of road safety,
in vehicles belonging to cate-
gories other than M1.

Directive 77/541/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
96/36/EC of 17 June 1996 adapting to technical
progress Council Directive 77/541/EEC relating to safety
belts and restraint systems of motor vehicles (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.

Directive 2001/85/EC of the European Parliament and of
the Council of 20 November 2001 relating to special
provisions for vehicles used for the carriage of passen-
gers comprising more than eight seats in addition to the
driver's seat (7) makes provision for allowing persons of
reduced mobility such as disabled people to access more
the carriage of passengers
easily vehicles used for
comprising more than eight seats.
is necessary to
allow Member States to permit the installation of safety
belts and/or restraint systems which do not comply with
the technical specifications of Directive 77/541/EEC but
are specifically designed for the purposes of securing
those people in such vehicles.

It

(1) OJ C 80, 30.3.2004, p. 10.
(2) Opinion of the European Parliament of 17 December 2003 (OJ C
91 E, 15.4.2004, p. 491), 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 220, 29.8.1977, p. 95. Directive as last amended by the 2003

Act of Accession.

(6) OJ L 178, 17.7.1996, p. 15.
(7) OJ L 42, 13.2.2002, p. 1.

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(9)

Directive 77/541/EEC should be amended accordingly.

3. Annex I shall be amended as follows:

(10)

the objective of

this Directive, namely the
Since
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-
munity 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 proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objec-
tive,

(a) the footnote related to point 3.1. shall be deleted;

(b) point 3.1.1. shall be replaced by the following:

‘3.1.1. With the exception of seating intended solely for
use when the vehicle is stationary, the seats of
vehicles belonging to category M1, M2 (of class III
or B), M3 (of class III or B) and N shall be
equipped with safety belts
restraint
systems conforming to the requirements of this
Directive.

and/or

Class I, II or A vehicles belonging to category M2
or M3 may be fitted with safety belts and/or
restraint systems, provided they conform to the
requirements of this Directive.’

HAVE ADOPTED THIS DIRECTIVE:

Article 2

Article 1

Amendments to Directive 77/541/EEC

Directive 77/541/EEC is hereby amended as follows:

1. the following Article shall be inserted:

‘Article 2a

law, allow the
1. Member States may, under national
installation of safety belts or restraint systems other than
those covered by this Directive provided they are intended
for disabled people.

2. Member States may also exempt restraint systems
designed to comply with the provisions of Annex VII to
Directive 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 (*) from the provisions of this Directive.

3.
The requirements of Annex I, point 3.2.1. of this
Directive shall not apply to seat belts and restraint systems
covered by paragraphs 1 and 2.

(*) OJ L 42, 13.2.2002, p. 1.’;

2.

in Article 9, the following paragraph shall be added:

Measures envisaged for disabled people

No later than … (*), the Commission shall examine specific
procedures to harmonise requirements for safety belts intended
for disabled people, based upon existing international standards
and national legal requirements, in order to provide an equiva-
lent level of safety to this Directive. If appropriate, the Commis-
sion shall present draft measures. Amendments to this Directive
shall be adopted in accordance with Article 13 of Directive
70/156/EEC.

Article 3

Implementation

1.
As from … (**), with respect to the installation of safety
belts and/or restraint systems which comply with the require-
ments set out in Directive 77/541/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 to the installation of safety
2.
belts and/or restraint systems which do not comply with the
requirements set out in Directive 77/541/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.

‘Vehicles of category M2 and M3 shall be subdivided into
classes as defined in section 2 of Annex I to Directive 2001/
85/EC.’;

(*) 24 months after the date referred to in Article 4(2).
(**) The date referred to in Article 4(2).
(***) Six months after the date referred to in paragraph 1.

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3.
As from … (*), with respect to the installation of safety
belts and/or restraint systems which do not comply with the
requirements set out in Directive 77/541/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 4

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 5

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 6

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

(*) 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. 11934/04.

II. OBJECTIVE

The proposed Directive aims to amend 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 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 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 vehi-
cles,

— 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, in order to allow Member States to exempt safety belts and restraint

systems intended for disabled people from compliance with the provision of the Directive,

— has added a new article to invite the Commission to examine specific procedures to harmonise

requirements for disabled people,

— has postponed various dates of entry into force in Article 3,

— has rejected the EP Amendment, aiming in Article 1 at fitting a two point belt on side-facing
seats in tourist coaches, since the Council shares the views of the Commission regarding the
danger of side-facing seats in all kinds of vehicles.

(1) Doc 10886/03 ENT 113 CODEC 907.
(2) OJ C 80, 30.3.2004, p. 10.
(3) OJ C 91 E, 15.4.2004, p. 491.

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

proposal

Article 1, point 1

The text of the Commission has been replaced by a new text which allows safety belts and restraint
systems intended for disabled people to be exempted from the technical provisions of the Directive.

Article 2

A new Article has been added to invite the Commission to present, if appropriate, draft measures in
order to harmonise the national legislation applicable to safety belts and restraint systems intended
for disabled people.

Article 3 (ex 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 exemption permitted with
respect to safety belts and restraint systems for disabled people and the dates of transposition and of
entry into force of this Directive which have been adapted.