Directive 2005/39/EC of the European Parliament and of the CouncilShow full title

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 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),

Whereas:

(1) 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 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 fitted 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(3), 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(4), the Community type-approval system has only been implemented for all new vehicles 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 Directive 74/408/EEC(5).

(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 road safety, in vehicles belonging to categories other than M₁.

(6) 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 provisions.

(7) 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 provisions contained therein in respect of certain categories of vehicles other than M₁. Manufacturers and their suppliers have thus developed the appropriate technology.

(8) 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, it is necessary to ban those seats in certain categories of vehicles.

(9) 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 Community legislation recasting Directive 70/156/EEC and extending Community type-approval to all vehicles, including vehicles of category M₃.

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

(11) Since the objective of 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,

HAVE ADOPTED THIS DIRECTIVE:

(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 Official 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).

(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.