COD030136 AVEC déclaration

EUROPEAN PARLIAMENT 2004 2009

Session document

C6-0030/2005 2003/0136(COD)

EN 27/01/2005

Common position Common position adopted by the Council on 24 January 2005 with a view to the adoption of a Directive of the European Parliament and of the Council amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

Doc. 11933/3/2004 Statements 16187/2004 COM(2004)0768

EN EN

11933/3/04 REV 3 DSI/mm DG C I EN

COUNCIL OFTHE EUROPEAN UNION

Brussels, 24 January 2005 (OR. en)

Interinstitutional File: 2003/0136 (COD)

11933/3/04 REV 3

ENT 111 CODEC 954

LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject : Common position adopted by the Council on 24 January 2005 with a view to the

adoption of a Directive of the European Parliament and of the Council amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

11933/3/04 REV 3 DSI/mm 1 DG C I EN

DIRECTIVE 2004/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of

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 Community, 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,

1 OJ C 80, 30.3.2004, p. 8. 2 Opinion of the European Parliament of 17 December 2003 (not yet published in the Official

Journal), Council Common Position of ..... (not yet published in the Official Journal) and Position of the European Parliament of ..... (not yet published in the Official Journal).


Whereas:

(1) Research has shown that the use of safety belts and restraint systems can contribute to a

substantial reduction 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

constitute an important step forward in bringing about an increase in road safety and a

consequent saving of lives.

(2) A substantial benefit to society can be attained if all vehicles are provided with safety belts.

(3) In its Resolution of 18 February 1986 on common measures to reduce road accidents, as part

of the Community's programme for road safety 1, the European 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 compulsory installation of safety belts and/or

restraint systems.

(4) 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 trailers 2,

the Community type-approval 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 intended for safety belts and/or restraint systems fulfilling the provisions of

Directive 76/115/EEC 3.

1 OJ C 68, 24.3.1986, p. 35. 2 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). 3 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).


(5) Until the Community type-approval system is extended to all categories of vehicles, the

installation of anchorages intended for safety belts and/or restraint systems should be

required, in the interests of road safety, in vehicles belonging to categories other than M1.

(6) 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 provisions.

(7) 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 for motor vehicle

safety belts, several Member States have already made compulsory the provisions contained

therein in respect of certain categories of vehicles other than M1. Manufacturers and their

suppliers have thus developed appropriate technology.

(8) Directive 76/115/EEC should be amended accordingly.

(9) Since the objective ofthis 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 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,


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.".

(2) Annex I shall be amended as follows:

(a) point 1.9. shall be deleted;

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

"4.3.1. Vehicles belonging to categories M1, M2 (of class III or B), M3 (of class III or

B) and N must be equipped with anchorages for safety belts conforming to the

requirements of this Directive.";


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

"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

person's belt, or any other restraint system mentioned in Article 2a of Council

Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the

Member States relating to safety belts and restraint systems of motor vehicles *,

need not conform to the requirements of this Directive provided it is designed

and constructed under national legal requirements to provide the maximum

practical level of safety.

______________________ *OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of

Accession.".

Article 2

Measures envisaged for disabled people

No later than …*, the Commission shall examine specific procedures to harmonise requirements for

anchorages 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

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.

* 24 months after the date referred to in Article 4(2).


Article 3

Implementation

1. As from …*, 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:

(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 …**, with respect to the 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:

(a) no longer grant EC type-approval;

(b) refuse to grant national type-approval.

3. As from …***, with respect to the 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;

* The date referred to in Article 4(2). ** Six months after the date referred to in paragraph 1. *** 18 months after the date referred to in paragraph 1.


(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

1. Member States shall adopt and publish the laws, regulations and administrative provisions

necessary to comply with this Directive before ……*. They shall forthwith inform the Commission

thereof.

2. They shall apply these provisions from ……**.

3. When Member States adopt these provisions, 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 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.

* Six months after the date of entry into force of this Directive. ** Six months and one day after the date of entry into force of this Directive.


Article 6

Addressees

This Directive is addressed to the Member States

Done at Brussels,

For the European Parliament For the Council

The President The President

11933/3/04 REV 3 ADD 1 GT/ds 1 DG C I EN


Brussels, 24 January 2005


11933/3/04 REV 3 ADD 1

ENT 111 CODEC 954

STATEMENT OF THE COUNCIL REASONS Subject : Common Position adopted by the Council on 24 January 2005 with a view to the

adoption of a Directive of the European Parliament and of the Council amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts.

STATEMENT OF THE COUNCIL REASONS


I. Introduction

The proposed Directive, presented by the Commission on 20 June 20031, is based on Art. 95 of

the EC Treaty.

The European Economic and Social Committee delivered an Opinion2 on 10 December 2003.

The European Parliament completed its first reading and delivered an Opinion on

17 December 2003.3

On 24 January 2005 the Council adopted its Common Position as set out in doc. 11933/04.

II. Objective

The proposed Directive aims to amend Council Directive 76/115/EEC of 18 December 1975,

as last amended by Commission Directive 96/38/EC, on the approximation of the laws of the

Member States relating to anchorages for motor-vehicles safety belts in order to impose the

fitting of safety belts in motor vehicles other than passenger cars.

The following two Directives concern as well the installation of safety belts in relation to

vehicles:

- Council Directive 74/408/EEC of 22 July 1974, as last amended by Commission

Directive 96/37/EC, on the approximation of the laws of the Member States relating to

seats for motor vehicles;

- Council Directive 77/541/EEC of 28 June 1977, as last amended by Commission

Directive 2003/3/EC, on the approximation of the laws of the Member States relating to

safety belts and restrain systems of motor vehicles.

1 Doc. 10887/03 ENT 114 CODEC 908 2 Opinion EESC 1590/2003. 3 Doc. 16149/03 CODEC 1827 ENT 231.


With a view to the compulsory installation of safety belts in all vehicles, the Commission has

proposed to amend the three Directives simultaneously, for technical reasons.

Taking into account that the final objective of the proposed action is to improve road safety,

the Directives should be adopted at the same time and be implemented at the same date.

III. Analysis of the Common position as set out in doc. 11933/04.

1. General

In the Common Position which was adopted unanimously, the Council:

- has modified Art.1, in order to allow Member States to exempt anchorages for

safety belts and for restrain systems intended for disabled people from compliance

with the provisions of the Directive;

- has added a new article to invite the Commission to examine specific procedures

to harmonize the requirements for disabled people;

- has postponed various dates of entry into force in Article 3;

- has rejected the 4 EP Amendments, aiming in Art 1 at fitting anchorages for a

two-point belt on side-facing seats in tourist coaches,since the Council shares the

Commission's view regarding the danger of side-facing seats in all kinds of

vehicles.

2. New elements contained in the Common Position as compared with the

Commission proposal

Art. 1

Point 2:

The text of the Commission has been completed by specific provisions related to

anchorages for safety belts and restraint systems intended for disabled people, allowing

those anchorages to be exempted from the technical provisions of the Directive.


Art. 2

A new article has been added to invite the Commission to present, if appropriate, draft

measures in order to harmonize the national legislation applicable to safety belts and

restraint systems intended for disabled people.

Art. 3 (ex Art. 2)

All the dates concerning the implementation of the Directive have been postponed and

replaced by mobile dates depending on the date of adoption of this new Directive.

IV. Conclusion

The Common Position, broadly in line with the Commission proposal, has been

unanimously adopted by the Council. The main changes to the Commission proposal

concern the exemption permitted with respect to anchorages for safety belts and

restraint systems for disabled people and the dates of transposition and of entry into

force of this Directive which have been adapted.

16187/04 ADD 1 GT/ds 1 DG C I EN


Brussels, 21 January 2005


16187/04 ADD 1 ENT 164 CODEC 1356

ADDENDUM TO "I/A" ITEM NOTE from : General Secretariat to : Permanent Representatives Committee (Part 1)/Council No. prev. doc. : 7420/04 ENT 65 CODEC 378 OC 261 No. Cion prop. : 10887/03 ENT 114 CODEC 908 Subject : Proposal for a Directive of the European Parliament and of the Council amending

Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts. - Adoption of the Common Position

UK MINUTE STATEMENT

The United Kingdom supports entirely the three proposals to improve the safety of vehicles with

regard to their seats, seat belts and seat belt anchorages, and supports their earliest practical

introduction.

However, the transposition dates referred to in Article 3 of the amendment to Directive 74/408/EC

and Article 4 of the amendments to Directives 76/115/EC and 77/541/EC create particular

difficulties for the UK legal services, who normally require transposition periods based on twelve

months from the date of entry into force, rather than six months from the date of entry into force as

required by the current proposals.

16187/04 ADD 1 GT/ds 2 DG C I EN

In order to secure early improvements in occupant safety across the whole European Union, we do

not wish to delay the implementation of these particular proposals. However, we would like it to

be noted that we will generally be requesting a minimum of twelve months transposition time for

proposals of this type.

__________________

EN EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.1.2005 COM(2004) 768 final

2003/0136 (COD)

.

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT

in accordance with the second subparagraph of Article 251(2) of the EC Treaty

concerning

the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council amending Council Directive 76/115/EEC

on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

.

EN 2 EN

2003/0136 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT

in accordance with the second subparagraph of Article 251(2) of the EC Treaty

concerning

the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council amending Council Directive 76/115/EEC

on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts

1- BACKGROUND

Proposal transmitted to the European Parliament and the Council (Document COM(2003)362 final – 2003/0136(COD)) on:

20.6.2003

European Economic and Social Committee opinion delivered on: 10.12.2003

Parliament opinion (first reading) delivered on: 17.12.2003

Common position adopted on: 24.1.2005

2- AIM OF THE COMMISSION PROPOSAL

The proposal for a Directive is one of three aimed at the mandatory fitting of safety belts in all motor vehicles. These measures follow on from the adoption of Directive 2003/20/EC amending Council Directive 91/671/EEC relating to the compulsory use of safety belts.

This proposal in particular provides for the fitting of sufficiently strong standardised anchorages for attaching safety belts.

3- COMMENTS ON THE COMMON POSITION

3.1. General remarks on the common position

The main amendment made by the Council to the Commission proposal concerns anchorages for safety belts which are adapted to the particular needs of disabled people. In view of the range of existing technical solutions, the Council considered it preferable for these not to be subject to all the technical provisions required for anchorages for a transitional period.

The Council did, however, recognise the need to harmonise the existing national provisions in this area, and instructed the Commission to look into this question.

EN 3 EN

The Commission can support this amendment.

3.2. Comments on the amendments adopted by Parliament at first reading On account of the position it adopted on the possible ban on the fitting of side-facing seats in coaches (see dossier 2003/0128(COD)), Parliament proposed fitting these seats with anchorages for attaching two-point belts when maintaining them. The Council did not accept Parliament’s amendments, and kept the Commission proposal unchanged.

The Commission, which had stated on conclusion of the first reading that it would not amend its proposal, fully supports the position adopted by the Council.

4- CONCLUSIONS

The Commission proposes to make it obligatory to fit all motor vehicles with safety belts in order to prevent the danger of passengers being thrown out. For safety belts to be able to offer maximum protection, they should be attached to anchorages designed to withstand the stresses exerted on the belt in the event of a collision.

The Council approved all the measures recommended by the Commission, but decided to make the technical provisions concerning anchorages for belts worn by disabled persons more flexible. It instructed the Commission to study this question in detail.

The Council rejected the amendments proposed by the European Parliament.

In conclusion, the Commission fully supports the Council’s common position.

Documents

COD030136 AVEC déclaration