Directive 2005/39/EC of the European Parliament and of the Council of 7 September 2005 amending Council Directive 74/408/EEC relating to motor vehicles with regard to the seats, their anchorages and head restraints   (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 255/143

DIRECTIVE 2005/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

amending Council Directive 74/408/EEC relating to motor vehicles with regard to the seats, their
anchorages and head restraints

(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 substantially reduce the number of
fatalities and the severity of injuries in the event of an
accident, even one due to rollover. Fitting them in all
categories of vehicles will certainly constitute an impor-
tant 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 fitted 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. 6.
(2) Opinion of the European Parliament of 17 December 2003 (OJ
C 91 E, 15.4.2004, p. 487), Council Common Position of
24 January 2005 (OJ C 111 E, 11.5.2005, p. 33), Position of the
European Parliament of 26 May 2005 (not yet published in the Offi-
cial Journal) and Council Decision of 12 July 2005.

(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 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

of category M1 since 1 January 1998. Consequently,
only vehicles of category M1 type-approved after that
date have to be fitted with seats, seat anchorages and
head restraints complying with the provisions of Direc-
tive 74/408/EEC (5).

Until the Community type-approval system is extended
to all categories of vehicles, the installation of seats and
seat anchorages compatible with the installation of seat
belt anchorages should be required, in the interests of
in vehicles belonging to categories other
road safety,
than M1.

Directive 74/408/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
96/37/EC of 17 June 1996 adapting to technical
progress Council Directive 74/408/EEC (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.

Research has shown that it is not possible to provide
side-facing seats with safety belts ensuring the same level
of safety to the occupants as front-facing seats. For
safety reasons,
is necessary to ban those seats in
certain categories of vehicles.

it

The provisions allowing side-facing seats with two-point
belts in certain classes of vehicle of category M3 should
be of a temporary nature, pending the entry into force
of
Directive
70/156/EEC and extending Community type-approval to
all vehicles, including vehicles of category M3.

Community

legislation

recasting

(5)

(6)

(7)

(8)

(9)

(10) Directive 74/408/EEC should be amended accordingly.

(5) OJ L 221, 12.8.1974, p. 1. Directive as last amended by the 2003

Act of Accession.

(6) OJ L 186, 25.7.1996, p. 28.

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Official Journal of the European Union

30.9.2005

(11)

the objective of

Since
this Directive, namely the
improvement of road safety by making compulsory the
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 Community
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 proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve that objective,

safety belts

their
76/115/EEC (**).

shall comply with Council Directive

This exemption shall have effect
from
20 October 2005. It may be extended if reliable accident
statistics are available and there has been further develop-
ment of restraint systems.

five years

for

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

by the 2003 Act of Accession.

(**) 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).’

HAVE ADOPTED THIS DIRECTIVE:

3. Annex II shall be amended as follows:

Article 1

Amendments to Directive 74/408/EEC

Directive 74/408/EEC is hereby amended as follows:

1. Article 1 shall be amended as follows:

(a) the following subparagraph shall be added to para-

graph 1:

‘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
Council of 20 November 2001 relating to special provi-
sions for vehicles used for the carriage of passengers
comprising more than eight seats in addition to the
driver's seat (*).

the European Parliament and of

(*) OJ L 42, 13.2.2002, p. 1.’

(b) paragraph 2 shall be replaced by the following:

This Directive shall not apply to rearward-facing

‘2.
seats.’

2. The following Article shall be inserted:

‘Article 3a

1.
The installation of side-facing seats shall be prohibited
in vehicles of categories M1, N1, M2 (of class III or B) and M3
(of class III or B).

2.
Paragraph 1 shall not apply to ambulances or to vehi-
cles listed in the first indent of Article 8(1) of Directive
70/156/EEC.

3.
Paragraph 1 shall further not apply to vehicles of cate-
gory M3 (of class III or B) of a technically permissible
maximum laden mass exceeding 10 tonnes in which side-
facing seats are grouped together at the rear of the vehicle
to form an integrated saloon of up to 10 seats. Such side-
facing seats shall be fitted with, at least, a head restraint and
a two-point belt with retractor type-approved in accordance
with Council Directive 77/541/EEC (*). The anchorages for

(a) Point 1.1 shall be replaced by the following:

‘1.1. The requirements of this Annex do not apply to
rearward-facing seats or to any head restraint fitted
to such seats.’

(b) Point 2.3 shall be replaced by the following:

‘2.3. “Seat” means a structure which may or may not be
integral with the vehicle structure, complete with
trim, intended to seat one adult person. The term
covers both an individual seat or part of a bench
seat intended to seat one person.

Depending on its orientation, a seat
follows:

is defined as

2.3.1. “Forward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which
faces towards the front of the vehicle in such a
manner that the vertical plane of symmetry of
the seat forms an angle of less than + 10o or -
10o with the vertical plane of symmetry of the
vehicle;

2.3.2. “Rearward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which
faces towards the rear of the vehicle in such a
manner that the vertical plane of symmetry of
the seat forms an angle of less than + 10o or -
10o with the vertical plane of symmetry of the
vehicle;

2.3.3. “Side-facing seat” means a seat which, with
regard to its alignment with the vertical plane of
symmetry of the vehicle, does not meet either of
the definitions given in 2.3.1 or 2.3.2 above;’

(c) Point 2.9 shall be deleted;

4. In Annex III, point 2.5 shall be replaced by the following:

‘2.5. “Seat” means a structure likely to be anchored to the
vehicle structure,
including its trim and attachment
fittings, intended to be used in a vehicle and to seat
one or more adult persons.

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Depending on its orientation, a seat is defined as follows:

2.5.1. “Forward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which faces
towards the front of the vehicle in such a manner
that the vertical plane of symmetry of the seat forms
an angle of less than + 10o or - 10o with the vertical
plane of symmetry of the vehicle;

2.5.2. “Rearward-facing seat” means a seat which can be
used whilst the vehicle is in motion and which faces
towards the rear of the vehicle in such a manner that
the vertical plane of symmetry of the seat forms an
angle of less than + 10o or - 10o with the vertical
plane of symmetry of the vehicle;

2.5.3. “Side-facing seat” means a seat which, with regard to
its alignment with the vertical plane of symmetry of
the vehicle, does not meet either of the definitions
given in 2.5.1 or 2.5.2 above;’

5. Annex IV shall be amended as follows:

(a) Point 1.1 shall be replaced by the following:

‘1.1. The requirements set out in this Annex apply to
vehicles of categories N1, N2 and N3 and to those
of categories M2 and M3 not covered by the scope
of Annex III. With the exception of the provisions
of point 2.5, the requirements also apply to side-
facing seats of all categories of vehicles.’

(b) Point 2.4 shall be replaced by the following:

‘2.4. All seats which can be tipped forward or have
fold-on backs must
lock automatically in the
normal position. This requirement does not apply
to seats fitted in the wheelchair spaces of vehicles
of category M2 or M3 of class I, II or A.’

3.
As from 20 October 2007, with respect to seats, their
anchorages and head restraints which do not comply with the
requirements set out in 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 and entry into service of new
vehicles, except where the provisions of Article 8(2) of
Directive 70/156/EEC are invoked.

Article 3

Transposition

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

2.

They shall apply these measures from 21 April 2006.

3. When Member States adopt these 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 4

Entry into force

Article 2

Implementation

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

As from 20 April 2006, with respect

1.
their
anchorages and head restraints which comply with the require-
ments set out in this Directive, Member States shall not:

to seats,

(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

vehicles.

2.
As from 20 October 2006, with respect to seats, their
anchorages and head restraints which do not comply with the
requirements set out in 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.

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 7 September 2005.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

C. CLARKE