http://www.legislation.gov.uk/id/eudr/2014/37

Commission Implementing Directive 2014/37/EU

of 27 February 2014

amending Council Directive 91/671/EEC relating to the compulsory use of safety belts and child restraint systems in vehicles

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/671/EEC relating to the compulsory use of safety belts and child restraint systems in vehicles1, and in particular Article 7a thereof,

Whereas:

(1)

On 24 March 1998, the European Community acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (hereinafter referred to as the ‘Revised 1958 Agreement’), in accordance with Council Decision 97/836/EC2.

(2)

In accordance with paragraph 1 of Annex II to Decision 97/836/EC, the technical requirements of UNECE Regulations under the Revised 1958 Agreement become alternatives to the technical annexes to the relevant separate Union Directives where the latter possess the same scope and where for the UNECE Regulations separate Union Directives exist. However, the additional provisions of Directives, such as those concerning fitting requirements or the approval procedure, remain in force.

(3)

A new UNECE Regulation on uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles (hereinafter referred to as ‘Regulation 129’) was established and adopted under the auspices of the UNECE.

(4)

Regulation 129 entered into force on 9 July 2013 as an annex to the Revised 1958 Agreement.

(5)

The standardised requirements of Regulation 129 constitute alternative enhanced requirements in relation to those established under Regulation 44 on uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles (‘Child restraint systems’)3 and reflect technical progress in several aspects of child restraint systems such as tests for side impacts, the rear facing position of children up to 15 months, compatibility with different vehicles, test dummies and test benches and adaptability to various child sizes;

(6)

As Directive 91/671/EEC lays down requirements for the approval and compulsory use of child restraint systems in motor vehicles within the Union, it should therefore be amended in order to include the use of child restraint systems approved according to the technical requirements of Regulation 129.

(7)

The measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance with Article 7b of Directive 91/671/ECC,

HAS ADOPTED THIS DIRECTIVE: