PURPOSE: To amend Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles.

LEGISLATIVE ACT: Directive 2005/40/EEC of the European Parliament and of the Council.

CONTENT: The objective of this Directive is the improvement of road safety by introducing the compulsory fitting of safety belts in certain categories of vehicles, which have hitherto been exempted from Community provision. To realise this objective, the Directive amends Directive 77/541/EEC by inserting additional articles. The new articles specify that:

- Member States may, in accordance with national law, allow the installation of safety belts or restraint systems other than those covered by this Directive, provided that they are intended for disabled people.

- Member States may also exempt restraint systems relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat.

- Vehicles of category M1 and M2 will be sub-divided into classes as defined by Directive 2001/85 and Annex I has been amended so that the seats of vehicles belonging to category N1, M2 (of class III or B) M3 (of class III or B) and N shall be equipped with safety belts and/or restraint systems. In addition, Class I, II or A vehicles belonging to category M2 or M3 may be fitted with safety belts and/or restraint systems.

- The Commission is committed to examining, by the 20 April 2008 at the latest, specific procedures to harmonise requirements for safety belts intended for disabled people. Provisions will be based on international standards as well as national legal requirements.

- As far as implementation is concerned, as from 20 April 2006 and concerning the installation of safety belts which do comply with the requirements of Directive 77/541/EEC, Member States shall not refuse to grant EC type-approval or national type-approval, in respect of a type of vehicle or prohibit the registration, sale or entry into service of new vehicles. As from 20 October 2006 concerning safety belts which do not comply with Directive 77/541/EEC, Member States may no longer grant EU type-approval and refuse to grant national type-approval. As from 20 October 2007, concerning the installation of safety belts, which do not comply with the provisions of the Directive, Member States shall consider certificates which accompany new vehicles as no longer valid with Article 7 of Directive 70/156/EC and refuse the registration, sale or entry into service of new vehicles, except those where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

TRANSPOSITION: Administrative provisions needed to comply with this Directive need to be in place before 20 April 2006. The measures will then apply as from 21 April 2006.

ENTRY INTO FORCE: 20/10/2005.

Directive 2005/40
OJ L 255 30.09.2005, p. 0146-0148

03637/2005

The European Parliament adopted a report based on the draft by Paolo COSTA (ALDE, IT) and approved the common position.

T6-0196/2005
OJ C 117 18.05.2006, p. 0021-0139 E

Results of vote in Parliament

The European Parliament adopted a report based on the draft by Paolo COSTA (ALDE, IT) and approved the common position.

T6-0196/2005

Debate in Parliament

A6-0120/2005

A6-0120/2005

The committee adopted the report by its chairman, Paolo COSTA (ALDE, IT), broadly approving the Council's common position under the 2nd reading of the codecision procedure, subject to a few amendments designed to ensure mutual recognition for certain exemptions (side-facing seats) granted on a national basis for vehicles designed as conference buses and produced in small series or as individual vehicles. MEPs pointed out that such exemptions which can, but do not have to be, accepted by other national authorities can distort the market for the producers of the vehicles concerned, create excessive red tape and cause uncertainty for the owners of the vehicles. Automatic recognition would eliminate these inconveniences and probably lead to the setting of common minimum technical standards.

The committee therefore introduced a new Article 8a and amended the technical provisions of the relevant Annex.

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 undergo tests with a view to their type approval and be adapted to the seat models used in the different categories of vehicle.

The Council approved all the measures recommended by the Commission, but decided to make the technical provisions concerning anchorages for belts to be 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.

COM(2004)0767
EUR-Lex

In the common position which was adopted unanimously, the Council has:

- amended Article 1, in order to allow Member States to exempt safety belts and restraint systems intended for disabled people from compliance with the provision of the Directive;

- included a new article to invite the Commission to examine specific procedures to harmonize requirements for disabled people;

- postponed various dates of entry into force;

- rejected the European Parliament amendment, aiming in Article 1 at fitting a two point belt on side-facing seats in tourist coaches, since the Council shares the views of the Commission regarding the danger of side-facing seats in all kinds of vehicles.

New elements introduced by the Council include :

- Article 1 - Point 1: the text of the Commission has been replaced by a new text which allows safety belts and restraint systems intended for disabled people to be exempted from the technical provisions of the Directive.

- Article 2 : a new Article has been added to invite the Commission to present, if appropriate, draft

measures in order to harmonise the national legislation applicable to safety belts and restraint systems intended for disabled people.

- Article 3 (ex Article 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.

The common position is broadly in line with the Commission proposal. The main changes to the Commission proposal concern the exemption permitted with respect to 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.

11934/3/2004
OJ C 111 11.05.2005, p. 0028-0032 E

In the common position which was adopted unanimously, the Council has:

- amended Article 1, in order to allow Member States to exempt safety belts and restraint systems intended for disabled people from compliance with the provision of the Directive;

- included a new article to invite the Commission to examine specific procedures to harmonize requirements for disabled people;

- postponed various dates of entry into force;

- rejected the European Parliament amendment, aiming in Article 1 at fitting a two point belt on side-facing seats in tourist coaches, since the Council shares the views of the Commission regarding the danger of side-facing seats in all kinds of vehicles.

New elements introduced by the Council include :

- Article 1 - Point 1: the text of the Commission has been replaced by a new text which allows safety belts and restraint systems intended for disabled people to be exempted from the technical provisions of the Directive.

- Article 2 : a new Article has been added to invite the Commission to present, if appropriate, draft

measures in order to harmonise the national legislation applicable to safety belts and restraint systems intended for disabled people.

- Article 3 (ex Article 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.

The common position is broadly in line with the Commission proposal. The main changes to the Commission proposal concern the exemption permitted with respect to 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.

11934/3/2004

16186/2004

T5-0582/2003
OJ C 091 15.04.2004, p. 0135-0490 E

T5-0582/2003

CES1591/2003
OJ C 080 30.03.2004, p. 0010-0011

A5-0304/2003

A5-0304/2003

COM(2003)0363
EUR-Lex

COM(2003)0363
EUR-Lex