Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 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: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: EC conformity marking, motor vehicle, safety device, technical regulations

L 255/146

EN

Official Journal of the European Union

30.9.2005

DIRECTIVE 2005/40/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

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)

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)

(4)

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.

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
and their
the Community type-approval
system has only been implemented for all new vehicles

trailers (4),

(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 2005 (OJ C 111 E, 11.5.2005, p. 28), Position of the
European Parliament of 26 May 2005 (not yet published in the Offi-
cial 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).

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).

(5)

(6)

(7)

(8)

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

(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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Official Journal of the European Union

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(9)

Directive 77/541/EEC should be amended accordingly.

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

(10)

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,

HAVE ADOPTED THIS DIRECTIVE:

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

1. Member States may, under national
law, allow the
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-
the carriage of passengers
sions for vehicles used for
comprising more than eight seats in addition to the driver's
seat (*) from the provisions of this Directive.

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

(*) OJ L 42, 13.2.2002, p. 1.;’

3. Annex I shall be amended as follows:

(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
restraint
equipped with safety belts
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.’

Article 2

Measures envisaged for disabled people

No later than 20 April 2008, 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 equivalent level of safety to this Directive. If appropriate, the
Commission 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 20 April 2006, with respect to the installation of
safety belts and/or restraint systems which comply with the
requirements 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

2.

in Article 9, the following paragraph shall be added:

vehicles.

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2.
As from 20 October 2006, 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, in respect of a
new type of vehicle:

(a) no longer grant EC type-approval;

(b) refuse to grant national type-approval.

3.
As from 20 October 2007, 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

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 20th day following
its publication in the Official Journal of the European Union.

Article 6

Addressees

This Directive is addressed to the Member States.

1. Member States shall adopt and publish the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 20 April 2006. They shall
forthwith
inform the Commission thereof.

Done at Strasbourg, 7 September 2005.

2.

They shall apply those measures from 21 April 2006.

For the European Parliament

For the Council

3. When Member States adopt those measures, they shall
contain a reference to this Directive or be accompanied by

The President

J. BORRELL FONTELLES

The President

C. CLARKE