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 77/541/CEE on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles
Date: 2005-01-25
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, road safety, safety device

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.1.2005 
COM(2004) 767 final 

2003/0130 (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 77/541/CEE on the 
approximation of the laws of the Member States relating to safety belts and restraint 
systems of motor vehicles 

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   EN 

 
 
 
 
 
2003/0130 (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 77/541/CEE on the 
approximation of the laws of the Member States relating to safety belts and restraint 
systems of motor vehicles 

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BACKGROUND 

Proposal transmitted to the European Parliament and the Council 
(Document COM(2003)363 final – 2003/0130(COD)): 

20.6.2003. 

Economic and Social Committee opinion delivered on: 

Parliament opinion (first reading) delivered on: 

Common position adopted on: 

2- 

AIM OF THE COMMISSION PROPOSAL 

10.12.2003 

17.12.2003 

24.1.2005. 

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  requires  the  fitting  of  approved  safety  belts  with  a  configuration 
adapted to each category of vehicle. 

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 safety belts 
for  disabled  people.  Taking  account  of  the  particular  needs  of  this  category  of  user,  the 
Council considered it preferable for these belts not to be subject to all the technical provisions 
required for seat belts for a transitional period. 

The Council did, however, recognise the need to harmonise the existing national provisions in 
this area, and instructed the Commission to look into this question. 

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The Commission can support this amendment. 

3.2. 

Comments on the amendments adopted by Parliament at first reading  

On account of the position it adopted on the possible ban on the fitting of side-facing seats in 
coaches  (see  dossier  2003/0128(COD)),  Parliament  proposed  fitting  these  seats  with 
anchorages for attaching two-point belts when maintaining them. 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 
maximum  protection,  they  should  undergo  tests  with  a  view  to  their  type  approval  and  be 
adapted to the seat models used in the different categories of vehicle. 

The  Council  approved  all  the  measures  recommended  by  the  Commission,  but  decided  to 
make the technical provisions concerning anchorages for belts to be worn by disabled persons 
more flexible. It instructed the Commission to study this question in detail. 

The Council rejected the amendments proposed by the European Parliament. 

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

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