Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005 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: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: EC conformity marking, motor vehicle, safety device, technical regulations

30.9.2005

EN

Official Journal of the European Union

L 255/149

DIRECTIVE 2005/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

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)

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
the
measures to reduce road accidents, as part of
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

trailers (4),

(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 2005 (OJ C 111 E, 11.5.2005, p. 23), 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).

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
systems
intended for
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
in the interests of road
systems should be required,
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-
in accordance with the
munity may adopt measures,
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,

(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).

L 255/150

EN

Official Journal of the European Union

30.9.2005

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 76/115/EEC

Directive 76/115/EEC is hereby 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
vehicles 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.’

intended solely for use in conjunction with a disabled person's
belt, or any other restraint system mentioned in Article 2a of
Directive 77/541/EEC, based upon existing international stan-
dards 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 anchorages
for safety belts which comply with the requirements set out in
Directive 76/115/EEC as amended by this Directive, Member
States shall not:

(2) Annex I shall be amended as follows:

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

in respect of a type of vehicle;

(a) point 1.9. shall be deleted;

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

vehicles.

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

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

for

As

2.
to the
from 20 October 2006, with respect
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:

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

(a) no longer grant EC type-approval;

‘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
belt anchorages are required. If the vehicle is
fitted with anchorages for such seats,
these
anchorages must comply with the provisions of
this Directive. However, any anchorage intended
solely for use in conjunction with a disabled
restraint system
person's belt, or any other
mentioned in Article 2a of Council Directive
77/541/EEC of 28 June 1977 on the approxi-
mation of
the Member States
relating to safety belts and restraint systems of
motor vehicles (*), need not conform to the
requirements of
is
designed and constructed under national
legal
requirements to provide the maximum practical
level of safety.

this Directive provided it

the laws of

(b) refuse to grant national type-approval.

As

3.
to the
from 20 October 2007, with respect
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:

(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.

(*) OJ L 220, 29.8.1977, p. 95. Directive as

amended by the 2003 Act of Accession.’

last

Article 4

Transposition

Article 2

Measures envisaged for disabled people

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.

No later than 20 April 2008, the Commission shall examine
specific procedures to harmonise requirements for anchorages

2.

They shall apply those measures from 21 April 2006.

30.9.2005

EN

Official Journal of the European Union

L 255/151

3. When Member States adopt those measures, 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.

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 6

Addressees

This Directive is addressed to the Member States.

Article 5

Entry into force

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

Done at Strasbourg, 7 September 2005.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

C. CLARKE