Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Council Directive 74/408/EEC relating to the seats, their anchorages and the head restraints of motor vehicles amending the proposal from the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2005-07-05
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, road safety, safety device, vehicle parts

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.7.2005 
COM(2005) 309 final 

2003/0128 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty 
on the European Parliament's amendments 
to the Council's common position regarding the proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

AMENDING COUNCIL DIRECTIVE 74/408/EEC RELATING TO THE SEATS, 
THEIR ANCHORAGES AND THE HEAD RESTRAINTS OF MOTOR VEHICLES 

AMENDING THE PROPOSAL FROM THE COMMISSION 
pursuant to Article 250(2) of the EC Treaty 

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2003/0128 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty 
on the European Parliament's amendments 
to the Council's common position regarding the proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

AMENDING COUNCIL DIRECTIVE 74/408/EEC RELATING TO THE SEATS, 
THEIR ANCHORAGES AND THE HEAD RESTRAINTS OF MOTOR VEHICLES 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission 
shall deliver an opinion on the amendments proposed by the European Parliament at second 
reading. The Commission's opinion regarding the two amendments proposed by the European 
Parliament is set out below. 

2. 

BACKGROUND 

Date on which the proposal was sent to the European Parliament and the 
Council 
COM(2003)361 final– 2003/00128(COD) – C5-0283/2003: 

20 June 2003 

Date of the European Parliament's opinion at first reading:  

17 December 2003 

Date of adoption by the Council of the common position: 

24 January 2005 
(unanimity) 

Date of the opinion of the European Economic and Social Committee: 

10 December 2003 

Date of the European Parliament's opinion at second reading:  

26 May 2005 

3. 

PURPOSE OF THE PROPOSAL 

This  proposal  is  one  of  three  Directives  concerning  the  installation  of  safety  belts  in  all 
commercial  vehicles,  with  the  exception  of  city  buses.  It  supplements  the  adoption  of 
Directive 2003/20/EC extending the compulsory use of safety belts to all vehicles. 

Owing  to  technical  reasons  linked  to  the  construction  method  for  commercial  vehicles, 
Directive  74/408/EEC  relating  to  seats  and  head  restraints  must  be  amended.  In  order  for 
safety belts to offer users a high level of protection, it is important to ensure that the seats are 
sufficiently resistant and capable of absorbing impact energy. The proposal inlcudes a ban, in 
the interests of user safety, on the lateral positioning of seats. 

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4. 

COMMISSION  OPINION  ON  THE  AMENDMENTS  PROPOSED  BY  THE  EUROPEAN 
PARLIAMENT 

At the plenary session of 26 May 2005, the European Parliament rejected amendments 1 to 4 
and  adopted  amendments  5  and  6.  The  aim  of  these  amendments  is  to  authorise  the 
installation of side-facing seats in certain types of coach for a period of five years. 

The Commission accepts the amendments adopted by the European Parliament. 

5. 

CONCLUSION 

Under  Article  250(2)  of  the  EC  Treaty,  the  Commission  amends  its  proposal  in  accordance 
with the above. 

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