PURPOSE: To amend Directive 76/115/EEC relating to anchorages for motor-vehicle safety belts.

LEGISLATIVE ACT: Directive 2005/41/EC of the European Parliament and of the Council.

CONTENT: This Directive has been approved in order to improve road safety by introducing compulsory fittings of safety belts in certain categories of vehicles. The provisions of the Directive state:

- Directive 79/115/EEC has been amended so that vehicles of category M2 and M3 shall be subdivided into classes relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat.

- The Annexes have been amended so that 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.

- For seating intended solely for use when the vehicle is stationary, as well as any seats of any vehicle not covered by belt anchorage provisions, then no anchorage is 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 need not conform to the Directive.

- The Commission will, however, by April 2008 examine specific procedures to harmonise requirements for a disabled person’s belt.

- As far as implementation is concerned, as from 20 April 2006, Member States shall not refuse to grant national or EC type-approval or prohibit the registration, sale or entry into service of all new vehicles complying with the requirements of this amending Directive. As from 20 October 2006, Member States shall no longer grant national or EC-type approval to those vehicles which do not comply with the requirement of this amending Directive. As from 20 October 2007, Member States shall consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7 of Directive 70/156/EEC and refuse registration, sale or entry into service of new vehicles, except where the provisions of Article 8 of Directive 70/156/EEC are invoked.

TRANSPOSITION: Member States shall adopt and publish the necessary measures necessary to comply with this Directive before 20 April 2006. The measures will apply as from 21 April 2006.

ENTRY INTO FORCE: 20/10/2004.

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

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

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 5a 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 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.

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

- amended Article 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;

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

- postponed various dates of entry into force;

- rejected the 4 European Parliament amendments, aiming in Article 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.

New elements have been introduced by the Council:

- Article 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.

- Article 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.

- Article 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.

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 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.

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

- amended Article 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;

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

- postponed various dates of entry into force;

- rejected the 4 European Parliament amendments, aiming in Article 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.

New elements have been introduced by the Council:

- Article 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.

- Article 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.

- Article 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.

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 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.