PURPOSE: To amend Directive 74/408/EEC in relation to safety belts and restraint systems of motor vehicles by banning side-facing seats.

LEGISLATIVE ACT: Directive 2005/39/EC 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 and to ban the use of side-facing seats. To realise this objective, the Directive amends Directive 74/408/EEC by inserting additional articles. The new articles specify that:

- Vehicles of category M2 and M3 shall be sub-divided into new classes relating to special provisions for vehicles used for the carriage of passengers comprising of more than eight seats in addition to the driver’s seat.

- This amending Directive will not apply to rearward-facing seats.

- The installation of side-facing seats will be prohibited in vehicles of categories M1, N1 and M2 (of class III or B) and M3 (of class III or B).

- This provision will not apply to ambulances.

- It will also not apply to vehicles of category M3 (of class III or B) of a technically permissible maximum laden mass exceeding 10 tonnes in which side-facing seats are grouped together at the rear of the vehicle to form an integrated saloon of up to 10 seats. Such side-facing seats shall be fitted with a head restraint and a reactor-type approved two-point belt. The exemption will last for five years as from 20 October 2005.

- The Annexes have been amended so that a seat covers either an individual seat or part of a bench seat intended for one person. Seats have been defined as a forward-facing seat, a rearward-facing seat or a side-facing seat. The Annexes also specify that all seats which can be tipped forward or have fold-on backs much lock automatically in the normal position, although this requirement does not apply to seats fitted in the wheelchair spaces of certain categories of vehicles.

- As far as implementation is concerned, as from 20 April 2006, Member States shall not refuse to grant EC or national type-approval to vehicles whose seats, anchorages and head restraints comply with the requirements of the Directive, nor are they allowed to prohibit the registration, sale or entry into service of the new vehicles. As from 20 October 2006, Member States shall no longer grant EC or national type approval to those vehicles whose seats, anchorages and head restraints no longer comply with the requirements of the amending Directive. As from 20 October 2007, Member States shall consider certificates of conformity which accompany new vehicles as not longer valid for the purpose of Article 7 of Directive 70/156/EEC and shall refuse the registration, sale and entry into service of new vehicles, except where the provisions of Article 8 of Directive 70/156 are invoked.

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

ENTRY INTO FORCE: 20/10/2005

Directive 2005/39
OJ L 255 30.09.2005, p. 0143-0145

03636/2005

T he Commission accepts the amendments adopted by the European Parliament which aim to authorise the installation of side-facing seats in certain types of coach for a period of five years.

COM(2005)0309
EUR-Lex

SP(2005)2482/2

The European Parliament adopted a report based on the draft by Dieter-Lebrecht KOCH (EPP-ED, DE) and reached an Agreement with Council that conference buses should be exempted from the new rules. A compromise amendment stated that they will not apply to vehicles of category M3 (of class III or B) of a technically permissible maximum laden mass exceeding ten tonnes in which side-facing seats are grouped together at the rear of the vehicle to form an integrated saloon of up to ten seats. Such side facing seats will be fitted with, at least, a head restraint and a two-point belt with retractor type-approved in accordance with Directive 77/541/EEC. The anchorages for their safety belts must comply with Directive 76/115/EEC. This exemption will have effect for five years from the date of adoption of the Directive. It may be extended if reliable accident statistics are available and there has been further development of restraint systems.

T6-0195/2005
OJ C 117 18.05.2006, p. 0021-0134 E

Results of vote in Parliament

The European Parliament adopted a report based on the draft by Dieter-Lebrecht KOCH (EPP-ED, DE) and reached an Agreement with Council that conference buses should be exempted from the new rules. A compromise amendment stated that they will not apply to vehicles of category M3 (of class III or B) of a technically permissible maximum laden mass exceeding ten tonnes in which side-facing seats are grouped together at the rear of the vehicle to form an integrated saloon of up to ten seats. Such side facing seats will be fitted with, at least, a head restraint and a two-point belt with retractor type-approved in accordance with Directive 77/541/EEC. The anchorages for their safety belts must comply with Directive 76/115/EEC. This exemption will have effect for five years from the date of adoption of the Directive. It may be extended if reliable accident statistics are available and there has been further development of restraint systems.

T6-0195/2005

Debate in Parliament

A6-0115/2005

A6-0115/2005

The committee adopted the report by Dieter-Lebrecht KOCH ( EPP-ED , DE ) broadly approving the Council's common position under the 2nd reading of the codecision procedure, subject to a few amendments. While agreeing that that side-facing seats should not be allowed in small buses and coaches, MEPs said that this prohibition should not extend to coaches in vehicle category M3 (class III or B) of a technically permissible maximum laden weight exceeding 10 tonnes in which side-facing seats are grouped together at the rear of the vehicle to form an integrated saloon of up to 10 seats. However, they specified that side-facing seats in such buses should at least be fitted with a head-restraint and a two-point belt with retractor. The exemption should have effect for 5 years following adoption of the directive, with the possibility of being extended if reliable accident statistics were available and there had been further development of safety belt systems.

The committee also inserted a new Article 5a aimed at ensuring that Member States could not grant certain exemptions providing loopholes which could undermine the purpose of the directive.

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 optimum protection, they should be attached to seats which are compatible with the stresses exerted on the belt in the event of a collision. It is also important that the seat back can absorb energy. As side-facing seats cannot satisfy these conditions, the Commission proposes to ban them.

The Council approved all the measures recommended by the Commission, while making two amendments to improve them. The Council also rejected the amendments proposed by the European Parliament. In conclusion, the Commission fully supports the Council's common position.

COM(2004)0769
EUR-Lex

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

- has modified Article 1, namely by including folding (tip-up) seats in the scope of the Directive and inserting definitions to categorize the various seat orientations;

- has postponed various dates of entry into force;

- has rejected the European Parliament amendments which aim to create a new recital concerning side-facing tests to be examined by the Commission was rejected because the Council does not believe that more test are necessary to conclude that side-facing seats are dangerous for occupants of all kinds of vehicles; restrict in Article 1 the prohibition of the installation of side-facing seats to certain categories of motor vehicles were rejected as the Council shares the Commission's concerns in prohibiting lateral seats in all kind of vehicles for the safety of passengers.

As regards the new elements contained in the common position as compared with the Commission proposal, they aim to:

- delete of the reference to the non-application of the Directive to "folding (tip up) seats".

- oblige the Member States to prohibit the fitting of side-facing seats which has been moved to Article 2 concerning the implementation;

- clarify the scope of the ban on side-facing seats.

Two new points were inserted to define the various seat orientations: forward-facing seats, rearward-facing seats and side-facing seats.

A new paragraph specifies that the automatic locking system required on folding seats does not apply to folding seats fitted in the wheelchair spaces of vehicles of categories M2 or M3 of class I, II or A (urban buses).

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.

In conclusion, the common position is broadly in line with the Commission proposal. The main changes to the Commission proposal concern the inclusion on one hand of the folding seats in the scope of the Directive and on the other hand of definitions of various seat orientations. In addition, the dates of transposition and of entry into force of this Directive have been adapted.

11935/3/2004
OJ C 111 11.05.2005, p. 0033-0037 E

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

- has modified Article 1, namely by including folding (tip-up) seats in the scope of the Directive and inserting definitions to categorize the various seat orientations;

- has postponed various dates of entry into force;

- has rejected the European Parliament amendments which aim to create a new recital concerning side-facing tests to be examined by the Commission was rejected because the Council does not believe that more test are necessary to conclude that side-facing seats are dangerous for occupants of all kinds of vehicles; restrict in Article 1 the prohibition of the installation of side-facing seats to certain categories of motor vehicles were rejected as the Council shares the Commission's concerns in prohibiting lateral seats in all kind of vehicles for the safety of passengers.

As regards the new elements contained in the common position as compared with the Commission proposal, they aim to:

- delete of the reference to the non-application of the Directive to "folding (tip up) seats".

- oblige the Member States to prohibit the fitting of side-facing seats which has been moved to Article 2 concerning the implementation;

- clarify the scope of the ban on side-facing seats.

Two new points were inserted to define the various seat orientations: forward-facing seats, rearward-facing seats and side-facing seats.

A new paragraph specifies that the automatic locking system required on folding seats does not apply to folding seats fitted in the wheelchair spaces of vehicles of categories M2 or M3 of class I, II or A (urban buses).

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.

In conclusion, the common position is broadly in line with the Commission proposal. The main changes to the Commission proposal concern the inclusion on one hand of the folding seats in the scope of the Directive and on the other hand of definitions of various seat orientations. In addition, the dates of transposition and of entry into force of this Directive have been adapted.

11935/3/2004

16185/2004

T5-0581/2003
OJ C 091 15.04.2004, p. 0134-0486 E

T5-0581/2003

Debate in Parliament

CES1589/2003
OJ C 080 30.03.2004, p. 0006-0007

A5-0418/2003

A5-0418/2003

COM(2003)0361
EUR-Lex

COM(2003)0361
EUR-Lex