Directive 2005/40/EC of the European Parliament and of the CouncilShow full title

Article 1 Amendments to Directive 77/541/EEC

Directive 77/541/EEC is hereby amended as follows:

1.

the following Article shall be inserted:

‘Article 2a

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

2. Member States may also exempt restraint systems designed to comply with the provisions of Annex VII 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(1) from the provisions of this Directive.

3. The requirements of Annex I, point 3.2.1 of this Directive shall not apply to seat belts and restraint systems covered by paragraphs 1 and 2.’

2.

in Article 9, 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.’;

3.

Annex I shall be amended as follows:

(a)

the footnote related to point 3.1 shall be deleted;

(b)

point 3.1.1 shall be replaced by the following:

‘3.1.1. With the exception of seating intended solely for use when the vehicle is stationary, the seats of vehicles belonging to category M₁, M₂ (of class III or B), M₃ (of class III or B) and N shall be equipped with safety belts and/or restraint systems conforming to the requirements of this Directive.

Class I, II or A vehicles belonging to category M₂ or M₃ may be fitted with safety belts and/or restraint systems, provided they conform to the requirements of this Directive.’

Article 2 Measures envisaged for disabled people

No later than 20 April 2008, the Commission shall examine specific procedures to harmonise requirements for safety belts intended for disabled people, 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.

Article 3 Implementation

1. As from 20 April 2006, with respect to the installation of safety belts and/or restraint systems which comply with the requirements set out in Directive 77/541/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 20 October 2006, with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/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 20 October 2007, with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/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;

(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 20 April 2006. They shall forthwith inform the Commission thereof.

2. They shall apply those measures from 21 April 2006.

3. When Member States adopt those measures, 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 20th day following its publication in the Official Journal of the European Union.

Article 6 Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 7 September 2005.

For the European Parliament

The President

J. Borrell Fontelles

For the Council

The President

C. Clarke