CELEX: 51980PC0084
Language: en
Date: 1980-02-29
Title: Proposal fort a COUNCIL DIRECTIVE 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#Proposal for a COUNCIL DIRECTIVE amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts#Proposal for a COUNCIL DIRECTIVE amending Council Directive 74/408/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 84
Vol. 1980/0029
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OP THE EUROPEAN COMMUNITIES
                                                 COM(80)84 final
                                                 Brussels , 29 February 1980
                                                      \   -"*
                                                       Y'
                                 *»   ν ΐ
                                -       - >
                                                    :/
                              Proposal fort? a                :
                              COUNCIL DIRECTIVE      ,/
     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
                              Proposal for a
                              COUNCIL DIRECTIVE
     amending Council Directive 76 / 115 / EEC on the approximation of the
     laws of the Member States relating to anchorages for motor-vehicle
     safety belts
                              Proposal for a
                              COUNCIL DIRECTIVE
     amending Council Directive 74 / 408 / EEC on the approximation of the
     laws of the Member States relating to the interior fittings of motor
     vehicles ( strength of seats and of their anchorages )
             ( submitted to the Council by the Commission )
COM(80)84 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1.   GENERAL R3.ÎARKS
     This Commission proposal concerns the amendment of the following
     Directives :
     – Council Directive 77/541/EEG~ of 28 June 1977 on the
        approximation of the laws of the Member States relating to
        safety belts and restraint systems of motor vehicles ;
     – Council Directive 76/115/2EC           December 1975 on
        approximation of the laws of the Member States relating to
        anchorages for motor-vehicle safety belts ;
    – Council Directive 74/408/EEC of 22 July 1974 on the
        approximation of the laws of the Member States relating to
        the interior fittings of motor vehicles ( strength of seats
        and of their anchorages ).                            ^
1.1  Directive                – Safety belts and restraint systems
     This Directive stipulates requirements concerning the design ,
     performance and testing of safety belts and restraint systems
     and requirements concerning the fitting of these belts and
     systems to motor vehicles .      In the case of the latter
     requirements , however , the scope defined in Article 9 of "the
     Directive is limited exclusively to vehicles of category M^
    (vehicles used for the carriage of passengers and' comprising
     no more than 9 seats , including the driver 's seat ).
     In March 1978 » the United Kingdom informed the other Member States
     and the Commission of its intention to make safety belts
     compulsory in the front seats of vehicles of category Mg
     ( vehicles used for the carriage of passengers , comprising more
     than 9 seats and having a maximum weight not exceeding 5 "0 and­
        /
          ( vehicles used for the carriage of goods and having a maximum
     weight not exceeding 3 . 5 t ). - In May 1979 » Denmark also
     informed the Commission that it intended to make the fitting of
 ---pagebreak--- safety belts compulsory in category      vehicles .    Moreover, the
discussions held by the relevant Commission departments . since
the beginning of 197? with. the experts of the Member States m
connection with work on the removal of technical barriers to
trade in' industrial products have revealed a general interest in
the extension of the scope of this Directive to cover all
categories of motor vehicle .
                                            ι
The majority of the experts consulted were convinced that , in
general , the front-seat passengers of commercial vehicles , buses
anci coaches would enjoy greater protection in the event of an
accident if they wore a suitable safety belt . Analyses
conducted in Sweden in particular , and also in the United Kingdom
and Australia, in respect of actual accidents involving
 commercial vehicles indicate that in the great majority of cases
 a safety belt would have reduced the consequences of the
 accident for the driver of the vehicle concerned .
 Although certain manufacturers have been fitting safety belts
 to their lorries voluntarily for some time , experience in this
 field still appears to be insufficient for it to be likely that
 these belts will be fitted to all commercial vehicles . For
 this reason , it is proposed to limit the obligation to fit
 safety belts to vehicles in categories M^,        and Mg , provided
 the last-mentioned are derived from a vehicle in the first two
 categories , i.e. categories of vehicle in which the same types
 of belt can be used .    As regards the other vehicle categories ,
  it is proposed to offer manufacturers the chance to obtain EEC
 type approval in respect of vehicles to which safety beits are
  fitted ; in view of the competitive situation prevailing in this
  sector , this would certainly promote the fitting of safety belts
  to such vehicles .                                         1
  To this end it is therefore proposed to amend Article 9 and
  certain items of the section on installation requirements of
  Annex X to the Directive#    Clearly , these 'amendments
  do not solve the problem of the appropriate design of
 ---pagebreak---  safety belts and restraint systems t© ee fitted in heavy eommeroial
vehicles .    The relevant Commission department is now conducting
a more detailed examination of this essential question in close
collaboration with national experts and experts of the industry
concerned .    This will give rise to amendments to the technical
annexes to the Directive and these will be adopted subsequently
by the Commission in accordance with the procedure laid down
for adaptation to technical progress ( Article 13 of
Directive 70/156/EEC on the EEC type approval on motor vehicles ).
Following requests made by Government experts , the Commission
departments undertook to ensure that the amendments to the
technical annexes , which will be adopted under the procedure
governing adaptation to technical progress , would be implemented
simultaneously with the measures contained in this proposal .
Directive 76^115^EEC - Anchorages for safety belts            *    '
Annex I to this Directive stipulates requirements concerning the
positioning , characteristics and testing of safety-belt restraints .
As in the case of the Directive referred to in the preceding item ,
however , the scope of this Directive is limited to vehicles of
category JL .                                     . „
                                      I
The measures referred to in the preceding item can clearly only,
be implemented in so far as all categories of vehicle are fitted
with safety-belt anchorages for the seats in question .    It is
therefore proposed to extend the scope of the Directive to cover
vehicles other than those of category M^, so that in future they -
incorporate anchorages for certain types of safety belt , at
least in the case of front seats and any seat which has no other
seat in front of it .
Extension of the scope of the Directive will make it
necessary to amend Article 2 and certain items' in Annex I
concerning the minimum number of anchorages to be fitted .
In addition , a number of . the technical requirements
stipulated in the annexes to the Directive , particularly
 ---pagebreak---                            /
                             - 4 -
in respect of the positioning and testing of anchorages , will
have to "be adapted to take account of the new categories of
vehicle which will "be covered "by . the Directive in future . In
this connection , the Commission departments intend to adopt
the procedure employed in respect of the Directive relating to
safety belts . They propose to prepare a Directive governing
the amendment of technical annexes , in close collaboration with
the experts of the Member States and the motor vehicle industry ;
the Commission thinks it will be possible to arrange for the
adoption of this Directive by means of the procedure governing
adaptation to technical progress .      In this case also , the
Member States must implement the measures arising from this
Commission Directive simultaneously with the measures which
are covered by this proposal for a Council Directive .
Directive 74/408^EIEC – Strength of seats and_their_anchorages
The scope of this Directive , as defined in Article 1 , prohibits
EEC type approval of a vehicle on grounds relating to the
strength of seats and their anchorages if the seats in question
incorporate built-in seat-belt anchorages .      For some time ,
European motor vehicle manufacturers have increasingly favoured
attachment of anchorages to the seat itself , at least in the
case of lower anchorages .     This anchorage position improves . the
fit of the belt for the wearer irrespective of his size and
position in the car , and ensures that the safety belt always
adopts the best position to protect the wearer in the event of
an accident ; it also improves the comfort of safety belts , and
this should make them more acceptable to a greater number of
motorists .                      -   ,
The location of the anchorages of safety belts on seats can
therefore be expected to have a direct , favourable influence
on the safety of motor vehicle passengers .       Consequently , it
seems advisable to encourage manufacturers to fit safety belt
anchorages in this way by giving them the opportunity to
obtain EEC type approval for vehicles which are so equipped .
For this purpose , it will be necessary to amend Article 1
 ---pagebreak--- of thia Directive .     The experts of the Member States who have
been consulted on this matter have unanimously expressed their
agreement to such an amendment .
COMMENTS ON THE PROPOSALS FOR DIRECTIVES
These three proposals for Directives are designed to extend the
scope of the Community requirements laid down in the original
Directives .    Since , in each case , the scope is defined by the
legally operative part of the Directive , it cannot be amended
by the procedure involving the Committee on Adaptation to
Technical Progress .     These proposals must therefore be submitted
to the Council in accordance with the provisions of Article 100
of the Treaty .    Consequently , the proposals are limited to the
amendment of the Article in question and to a few essential
amendments in respect of the technical annexes to
Directives 77/541/EEC and 76/H5/EEC .
Other amendments    to the technical annexes which have become
necessary in order to adapt the requirements of these annexes
to cover the new categories of vehicle to be brought within the
scope of the Directives , will subsequently undergo adaptation
to technical progress in accordance with the procedure laid down
in Article 13 of Directive 70/l56/EEC on the type approval of
motor vehicles .
The requirement of the three proposed Directives can be outlined
as follows :
Article 1 relates to the extension of the scope of these Directives
The scope of Directives 77/541/EEC and 76/II5/EEC will in future
cover all motor vehicles in categories M (vehicles intended for
the carriage of persons ) and N (vehicles intended for the carriage
of goods ).  The scope of Directive 74/408/EEC will in future
cover all motor vehicle Beats with the exception of tip-up seats ,
and seats which do' not face forward .                   ■
 ---pagebreak---                                - 6 -
   In addition , the technical requirements of the first two Directives ,
   concerning the fitting of certain types of safety belt and the
   minimum number of anchorages to be provided , will be adapted to
   cover the categories of vehicle recently brought within the scope
   of the Directive .
   Article 2 sets a time limit within which Member States must
   implement the requirements in order to comply with the Directive
   in question .   As regards the Directives amending
   Directives 77/541/EEC and 76/115/SEC , the Commission intends to
   alter this time limit where necessary in the light of the date
   of implementation fixed for the adaptation to technical progress
   of the requirements contained in the annexes to these Directives
   in order to ensure the simultaneous implementation of all
   measures connected with their amendment .
   Article 3 states that the proposed Directives are addressed to
   the Member States .
3. CONSULTATION OF THE EUROPEAIT PARLIAMENT AND THE ECONOMIC MP
   SOCIAL COMMITTEE
   In accordance with the requirements of the second paragraph of
   Article 100 , the opinion of these two bodies must be obtained .
 ---pagebreak---                      PROPOSAL FOR A
               V COUNCIL DIRECTIVE AMENDING
     COUNCIL DIRECTIVE 77/ 541 /EEC
ON THE APPROXIMATION OP THE LAWS OP THE MEMBER STATES
   RELATING TO SAFETY BELTS AND RESTRAINT SYSTEMS OP
 . '               MOTOR VEHICLES'             -
 ---pagebreak--- TH3 COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty , establishing the European Economic Community ,
and in particular Article 100 thereof ,
Having regard to the proposal of the Commission ,
Having regard to the opinion of the European Parliament fl ),
Having regard to the opinion of the Economic and Social Committee ( 2 ),
                                                 -           \ -
Whereas Council Di rective 77 / 541 / EEC also lays down in Annex I requirements
concerning the fitting of safety "belts and restraint systems to vehicles
of category      as defined in Annex I to Council Directive 70/156/EEC of
6 February 1970 on the approximation of the laws of the Member States rela­
ting to the type approval of motor vehicles and their trailers ( 4 );
Whereas it is now advisable , in the interest of road safety, to permit and
encourage the fitting of safety belts and restraint systems complying with
the requirements of Directive 77/541/EEC to all vehicles of categories
»
M and N by extending the scope of that Directive ; whereas such an exten­
sion has been made possible by the technical - progress in motor vehicle
construction ;
                                                                 .
Whereas it/ is advisable for this purpose , to amend ■ Directive 77/ 541 / EEC ,
HAS ADOPTED THIS DIRECTIVE :
 ( 1 ) O.J. No L
( 2 ) O.J. No L
( 3 ^ O.J. No L 220 of 29.8.1977 , p. 95
( 4 ) O.J. No L 42^ of 23.2.1970, p.l .
 ---pagebreak---                                           - 2 -
                                      Article 1                   v
Directive 77 / 541 / EEC is amended as follows :
1 . Article 9 is      amended to read as follows :
       Article 9                  .                        ,
                                                                        M
     For the purposes of this Directive /       vehicle means any motor vehicle of
     categories M and N as defined in Annex I to Directive 70 / 156 / EEC intended
     for use on the road , having at least four wheels and a maximum design
     speed exceeding 25 km / lv."
2 . Annex I is amended as follows :
  - Item 3.1 .    shall read as follows :
       3.1 Vehicle equipment
     Any vehicle covered by Article 9 being in categories            or    or M 2
    derivatives thereof, shal*l be equipped with safety belts or restraint
     systems    which satisfy the requirements of this             -
     Directive and have the following arrangements ( with which neither
                               /
    non-locking retractors ( 1.8.1 ) nor manually unlocking retractors ( 1.8.2 )
     can be used ).                 -
     For all other categories of vehicle covered by Article 9 , if and where
    provided with safety belts or restraint systems , these shall comply with
     the requirements of this Directive and have the following arrangements
     as applicable : "
   - Item 3.1.3 shall read as follows :
             \  .          . .                          ..      .  1
      '3.1.3   at rear seating positions in category         and for all other seats
               immediately in front of which there are no -^ther seats in' cate­
               gories other than M^,. lap-belts or three-point "belts , whether
               or not fitted with retractors .
                                                                               • •• / • • •
 ---pagebreak---                                     - 3 -
        For   purposes of this requirement a seat is considered to be immediately in
        front of any other seat if the hiphest point determined within
        its vertical centre plane of the seat-back of the first mentioned
        seat can , according to the method described in Annex II of Direc­
        tive 74/60/SHC come into          contact with the test apparatus
        set up on the seat for which the check is beinfr carried out . The
        lateral movement of this apparatus is . however , limited to 30° on
        either side of the longitudinal vertical plane of the vehicle which
        passes through the " H " point of the seat under check .
                                  Article 2
Member States shall bring into force the provisions necessary in order to
comply with this Directive within 18 months of its notification , and shall
forthwith   inform the Commission thereof .
                                  Article 3
This Directive is addressed to the Member States .
  Done at Brussels                                 For the Council
 ---pagebreak---                    PROPOSAL FOR A
               COUNCIL DIRECTIVE AMENDING
 - COUNCIL DIRECTIVE 76/115/^            -
ON THE APPROXIMATION OP TEE LAWS OP THE MEMBER STATES
RELATING TO ANCHORAGES FOR MOTOR-VEHICLE SAFETY BELTS
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to *fche Treaty , establishing the European Economic Community ,
and. in particular Article 100 thereof ,
Having regard to the proposal of the Commission ,
Having regard to the opinion of the European Parliament ( l ),
Having regard to the opinion of the Economic and Social Committee ( 2 ) ,
Whereas Council Di rective 76 / 1 15 / EEC also lays down in Annex I requirements
concerning the minimum number o~f belt anchorages to be provided for vehicles
of category      as defined in Annex I to Council Directive 70/156/EEC of
6 February 1970 on the approximation of the laws of the Member States rela­
ting to the type approval of motor vehicles and. their trailers ( 4);
Whereas it is now advisable , in the interest of road safety , to permit and
encourage the fitting of safety . belts and restraint systems complying with
the requirements of Directive 77/541/EEC ( 5 ) to all vehicles of categories
M and N ; whereas this necessitates the obligation , within the frame work
of the EEC type approval for motor vehicles , to provide for anchorages for
all these categories of vehicles ; whereas for this purpose the scope of
Directive 76/115/EEC must be extended in order to enable the manufacturers
to install into such vehicles anchorages which comply with the requirements
of that Directive , and whereas such an extension has been made possible by
the technical progress in motor vehicle construction ;
Whereas it is advisable for this purpose , to amend           Directive 76 / 115 / EEC ,
HAS ADOPTED THIS DIRECTIVE :
( 1 ) O.J. No L
f 2 ) O.J. No L
( 3 ) O.J. No L 24 of 30.01.1976 , p. 6
Ù) O.J. No L 42 of 23.02.1970, p. 1
( 5 ) O.J. No L 220 of 29.O8.i977 , P. 95.
 ---pagebreak---                                    Article 1
Directive 76/ II5/ EEC is amended as follows :
                                                         Ν
1 . Article 2 is amended to read as follows :
    " Article 2
    For the purposes of this Directive , "vehicle " means any motor vehicle
    of categories M and N as defined in Annex I to Directive 70/156/EEC
    intended for use on the road , having at least four wheels and a maxi­
    mum design speed exceeding 25 km/h ."
2 . Annex I is amended as follows :
                                                  ■/           •
    Item 4*3*2.    shall read as follows :
    "4*3»2 . For rear outboard seats of vehicles in category        there shall
             be two lower "belt anchorages and one upper "belt anchorage , but
             when no upper belt anchorages can be installed such as in some
             convertible cars or cars with a removable roof , two lower belt
             anchorages shall be acceptable *"
    Item 4»3«3 * • shall read as follows :
    "4»3«3. For all other seats in category M^, and for all other seats imme­
             diately in front of which there are no other seats in categories
             other than M^, there shall be a minimum, of two lower belt ancho­
             rages . This prescription does not apply to folding seats .
             For purposes of this requirement a seat is considered to be immediately
             front of any other seat if the highest point determined within
             its vertical centre plane of the seat-back of the first mentio­
             ned seat can , according to the method described in Annex II of
             Directive 74/60/ EEC, come into         contact with the test appa­
             ratus set up on the seat for which the check is being carried out .
             The lateral movement of this apparatus is , however , limited to
              30° on either side of the longitudinal vertical plane of the
             vehicle which passes through the "H" point of the seat under
             check .
 ---pagebreak---                                        - 3 -
After item 4.3.4 .   a new item A. 3 . 5 . as fellows shal'l be added ?
"4*3*5 . For all other seats not covered "by items 4*3.1 *» 4*3.1.1 . or
          4.3*3 * in vehicles of categories other than         there is no
          requirement for "belt anchorages . However , if the vehicle is
          fitted with "belt anchorages , these anchorages shall satisfy
          the provisions of the present Directive ."
                                      Article 2
Member States shall bring into force the provisions necessary in order to
comply with this Directive within 18 months of its notification and
shall forthwith     inform the Commission thereof. –
                                       Article 3
This Directive is addressed to the Member States .
      Done at Brussels                               For the Council
 ---pagebreak---                    . PROPOSAL FOR A
                 COUNCIL DIRECTIVE AMENDING
    COUNCIL DIRECTIVE 74/4O8/EEC . 1
ON THE APPROXIMATION OP THE LAWS OP THE MEMBER STATES
 RELATING TO THE INTERIOR FITTINGS OF MOTOR VEHICLES \
     ( STRENGTH OF SEATS AND OF THEIR ANCHORAGES )
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty , establishing the European Economic Community ,
and in particular Article 100 thereof ,
Having regard to the proposal of the Commission ,
Having regard to the opinion of the European Parliament ( 1 ),
Having regard to the Opinion of the Economic and Social Committee ( 2 ),
Whereas Counci I Di rect ive 74 / 408 / EEC does not
permit EEC type approval of a vehicle concerning the strength of the seats
and of their anchorages if these seats have built-in safety belt anchorages
Whereas it is now advisable , in the interest of road safety , to permit
and encourage the fitting of safety belts complying with the requirements
of Directive 77 / 541 / EEC ( 4 ) to vehicles having one or more anchorages for
such belts on the seat in order to improve comfort and convenience in use
for a wider range of adult car occupants and thus increase the rate of belt
wearing ;
Whereas it is advisable for this purpose         to amend Directive
74 / 408 / EEC ; whereas such an amendment
has been made possible by the technical progress in motor vehicle
construction ,
HAS ADOPTED THIS DIRECTIVE :
                                                                              ./.
< 1 ) O.J. No L
( 2 ) O.J. No L
 ( 3 ) O.J. No L 221 of 12.8.1974 , p. 1 .
 (4 ) O.J » No L 220 of 29.8.1977 , P. 95 .
 ---pagebreak---                                       - 2 -
                                    Article 1
Directive 74/4O8/EEC is amended as follows :
1 . Article 1(2 ), is amended to read as follows :
    "2 . This Directive does not apply to folding seats or to side-facing
         or rearward-facing seats ,"
2.        Annex I is amended as follows :
    Item 2.7 * shall read :                                           -
    " 2.7 .  "Folding seat " means an ^ auxiliary seat intended for occasional
             use and which is normally folded out of the way;"
                                    Article 2
Member States shall bring into force the provisions necessary in order to
comply with this Directive within 6 months of its notification , and shall
 forthwith     inform the Commission thereof.                     -
                                     Article 3
 This Directive is addressed to the Member States .
       Done at Brussels                                 For the Council