Common Position (EC) No 16/2005 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 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts   (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 16/2005

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 76/115/EEC on the approximation of the laws of the Member States
relating to anchorages for motor-vehicle safety belts

(Text with EEA relevance)

(2005/C 111 E/03)

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

(1) OJ C 80, 30.3.2004, p. 8.
(2) Opinion of the European Parliament of 17 December 2003 (OJ C
91 E, 15.4.2004, p. 496), 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.

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 anchorages
intended for
systems
fulfilling the provisions of Directive 76/115/EEC (5).

safety belts

restraint

and/or

(5)

(6)

(7)

categories of

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

the

Directive 76/115/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
96/38/EC of 17 June 1996 adapting to technical
progress Council Directive 76/115/EEC relating to
anchorages
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 appropriate technology.

for motor vehicle

safety belts,

(8)

Directive 76/115/EEC should be amended accordingly.

(9)

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-
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,

(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 24, 30.1.1976, p. 6. Directive as last amended by Commission

Directive 96/38/EC (OJ L 187, 26.7.1996, p. 95).

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HAVE ADOPTED THIS DIRECTIVE:

Article 2

Article 1

Amendments to Directive 76/115/EEC

Directive 76/115/EEC is amended as follows:

1.

in Article 2 the following paragraph shall be added:

‘Vehicles of category M2 and M3 shall be subdivided into
classes as defined in section 2 of Annex I to Directive 2001/
85/EC of the European Parliament and of the Council of
20 November 2001 relating to special provisions for vehi-
cles 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.’

2. Annex I shall be amended as follows:

(a) point 1.9. shall be deleted;

Measures envisaged for disabled people

No later than … (*), the Commission shall examine specific
procedures to harmonise requirements for anchorages intended
solely for use in conjunction with a disabled person's belt, or
any other restraint system mentioned in Article 2a of Direc-
tive 77/541/EEC, 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 anchorages for safety
belts which comply with the requirements set out in Direc-
tive 76/115/EEC as amended by this Directive, Member States
shall not:

(b) point 4.3.1. shall be replaced by the following:

(a) refuse to grant EC type-approval or national type-approval,

in respect of a type of vehicle;

‘4.3.1. Vehicles belonging to categories M1, M2 (of class
III or B), M3 (of class III or B) and N must be
equipped with anchorages
safety belts
conforming to the requirements of this Direc-
tive.’;

for

(c) point 4.3.8. shall be replaced by the following:

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

vehicles.

2.
As from … (***), with respect to the anchorages for safety
belts which do not comply with the requirements set out in
Directive 76/115/EEC as amended by this Directive, Member
States shall, in respect of a new type of vehicle:

‘4.3.8. For seating intended solely for use when the
vehicle is stationary, as well as any seats of any
vehicle not covered in points 4.3.1. to 4.3.5., no
If the vehicle is
belt anchorages are required.
these
fitted with anchorages
anchorages must comply with the provisions of
this Directive.

such seats,

for

However, any anchorage intended solely for use
in conjunction with a disabled person's belt, or
any other restraint system mentioned in Article
2(a)
of Council Directive 77/541/EEC of
28 June 1977 on the approximation of the laws
of the Member States relating to safety belts and
restraint systems of motor vehicles (*), need not
conform to the requirements of this Directive
provided it is designed and constructed under
national
the
requirements
maximum practical level of safety.

to provide

legal

(*) OJ L 220, 29.8.1977, p. 95. Directive as last
amended by the 2003 Act of Accession.’

(a) no longer grant EC type-approval;

(b) refuse to grant national type-approval.

As from … (****), with respect to the anchorages for
3.
safety belts which do not comply with the requirements set out
in Directive 76/115/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.

(*) 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.
(****) 18 months after the date referred to in paragraph 1.

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Article 4

Transposition

Article 5

Entry into force

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.

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, …

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.

For the European Parliament

The President

For the Council

The President

(*) 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. 11933/04.

II. OBJECTIVE

The proposed directive aims to amend 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 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 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
restrain systems of motor vehicles.

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 anchorages for safety belts
and for restrain systems intended for disabled people from compliance with the provisions of
the Directive,

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

the requirements for disabled people,

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

— has rejected the four EP Amendments, aiming in Article 1 at fitting anchorages for a two-point
belt on side-facing seats in tourist coaches, since the Council shares the Commission's view
regarding the danger of side-facing seats in all kinds of vehicles.

(1) Doc. 10887/03 ENT 114 CODEC 908.
(2) OJ C 80, 30.3.2004, p. 8.
(3) OJ C 91 E, 15.4.2004, p. 496.

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2. New elements contained in the common position as compared with the Commission

proposal

Article 1, point 2

The text of the Commission has been completed by specific provisions related to anchorages for
safety belts and restraint systems intended for disabled people, allowing those anchorages 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 anchorages for safety belts and restraint systems for disabled people and the dates of trans-
position and of entry into force of this Directive which have been adapted.