{
  "url": "https://openlegislation.uk/eu-directive-2005-39/introduction",
  "json_url": "https://openlegislation.uk/eu-directive-2005-39/introduction.json",
  "legislation": "eudr/2005/39",
  "legislation_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)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2005-39",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Directive 2005/39/EC of the European Parliament and of the Council\nof 7 September 2005\namending Council Directive 74/408/EEC relating to motor vehicles with regard to the seats, their anchorages and head restraints\n(Text with EEA relevance)\nTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty establishing the European Community, and in particular Article 95 thereof,\nHaving regard to the proposal from the Commission,\nHaving regard to the opinion of the European Economic and Social Committee,\nActing in accordance with the procedure laid down in Article 251 of the Treaty,\nWhereas:\n(1)\nResearch 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.\n(2)\nA substantial benefit to society can be attained if all vehicles are fitted with safety belts.\n(3)\nIn its Resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety, 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.\n(4)\nPursuant 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, 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.\n(5)\nUntil 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.\n(6)\nDirective 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.\n(7)\nSince the entry into force of Commission Directive 96/37/EC of 17 June 1996 adapting to technical progress Council Directive 74/408/EEC, 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.\n(8)\nResearch 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.\n(9)\nThe 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.\n(10)\nDirective 74/408/EEC should be amended accordingly.\n(11)\nSince 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,\nHAVE ADOPTED THIS DIRECTIVE:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ C 80, 30.3.2004, p. 6."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ C 68, 24.3.1986, p. 35."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 221, 12.8.1974, p. 1. Directive as last amended by the 2003 Act of Accession."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 186, 25.7.1996, p. 28."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2005/39/introduction",
    "retrieved_at": "2026-11-01T15:22:42.240146+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}