Communication from the Commission to the European Parliament pursuant to the second subparagraph of article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council amending Council Directive 74/408/CEE relating to motor-vehicles with regard to the seats, their anchorages and head restraints
Date: 2005-01-25
Institutions: European Commission
Subjects: approximation of laws, motor car, road safety, safety device

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.1.2005 
COM(2004) 769 final 

2003/0128 (COD) 

. 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Directive of the European 
Parliament and of the Council amending Council Directive 74/408/CEE relating to 
motor-vehicles with regard to the seats, their anchorages and head restraints 

. 

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2003/0128 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Directive of the European 
Parliament and of the Council amending Council Directive 74/408/CEE relating to 
motor-vehicles with regard to the seats, their anchorages and head restraints 

1- 

BACKGROUND 

Proposal transmitted to the European Parliament and the Council 
(document COM(2003)361 final – 2003/0128(COD)): 

20.6.2003 

European Economic and Social Committee opinion delivered on: 

10.12.2003 

European Parliament opinion (first reading) delivered on: 

17.12.2003 

Common position adopted on: 

24.1.2005. 

2- 

AIM OF THE COMMISSION PROPOSAL 

The proposal for a Directive is one of three aimed at the mandatory fitting of safety belts in all 
motor  vehicles.  These  measures  follow  on  from  the  adoption  of  Directive  2003/20/EC 
amending Council Directive 91/671/EEC relating to the compulsory use of safety belts. 

This  proposal  in  particular  provides  for  the  fitting  of  seats  which  are  compatible  with  the 
attachment of safety belts. It also includes a ban on the fitting of side-facing seats in vehicles 
used for the carriage of passengers (other than public transport vehicles) because they do not 
provide optimum passenger protection. 

3- 

COMMENTS ON THE COMMON POSITION  

3.1. 

General remarks on the common position 

The  main  amendment  made  by  the  Council  to  the  Commission  proposal  concerns  folding 
seats  (or  tip-up  seats),  which  were  excluded  from  the  scope  of  the  Directive.  By  including 
them  it  its  scope,  the  Council  wished  to  have  these  meet  the  same  technical  provisions  as 
other seats. 

The Council also introduced geometrical criteria to determine what is understood by a side-
facing seat. 

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The Commission supports these amendments, the former because it will increase the safety of 
the passengers using these seats (very often children), the latter because it will facilitate the 
application of the technical provisions of the directive. 

3.2. 

Comments on the amendments adopted by Parliament at first reading 

Parliament proposed exempting coaches from the ban on fitting side-facing seats. The Council 
did not accept Parliament’s amendments, and kept the Commission proposal unchanged. 

The Commission, which had stated on conclusion of the first reading that it would not amend 
its proposal, fully supports the position adopted by the Council. 

4- 

CONCLUSIONS 

The Commission proposes to make it obligatory to fit all motor vehicles with safety belts in 
order to prevent the danger of passengers being thrown out. For safety belts to be able to offer 
optimum protection, they should be attached to seats which are compatible with the stresses 
exerted on the belt in the event of a collision. It is also important that the seat back can absorb 
energy. As side-facing seats cannot satisfy these conditions, the Commission proposes to ban 
them. 

The Council approved all the measures recommended by the Commission, while making two 
amendments to improve them. 

The Council also rejected the amendments proposed by the European Parliament. 

In conclusion, the Commission fully supports the Council’s common position. 

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