51998AC1126

Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or opening roof, the backrest and rear part of the seats)` () (98/C 407/10)

On 15 May 1998 the Council decided to consult the Economic and Social Committee, under Article 100A of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 July 1998. The rapporteur was Mr Bagliano.

At its 357th plenary session (meeting of 9 September 1998), the Economic and Social Committee adopted the following opinion by 61 votes to one, with two abstentions.

1. Introduction

1.1. Council Directive 74/60/EEC (), subsequently amended by Commission Directive 78/632/EEC (), lays down provisions relating to the interior fittings of motor vehicles (international category M1).

1.2. The aim of the provisions is to reduce passenger injury upon impact with the internal parts of the vehicle during sharp braking or head-on collision. The technical provisions contained in the Annexes define the areas of the passenger compartment in which passenger impact is likely (e.g. knee-impact zone, head-impact zone). Specific minimum curvature provisions have been laid down for these areas, to ensure that there are no dangerous corners. The directive also contains provisions on energy absorption, in order to attenuate the effects of passenger impact with the compartment.

1.3. Directive 74/60/EEC, which the Commission proposes to amend and to update, is one of the separate directives that must be complied with in order to obtain EC type-approval of the entire vehicle, as provided for in the Framework Directive 70/156/EEC () and subsequent amendments (mandatory from 1 January 1996 for newly-type approved cars and from 1 January 1998 for newly-registered cars).

2. Gist of the proposal

2.1. The aim of the Commission proposal is to introduce into Directive 74/60/EEC requirements concerning power-operated side windows, roof panel systems and partition systems inside the passenger cell, in order to eliminate the potential dangers involved in the closing of such windows/panels, particularly for children.

2.2. The proposal envisages the following points:

- power-operated windows, roof panels and partitions may only be closed under certain safe conditions (e.g. only when the ignition key is inserted);

- if the devices do not comply with the above operating conditions, the closing movement of the window or partition shall go into auto-reverse upon encountering resistance;

- the controls shall be located so as to minimize the risk of accidental closing; it shall be possible to override the rear window controls by means of another switch which can only be activated from the front seats;

- remote control systems for the above devices shall not be dangerous - in other words, they shall be able to close the windows only from a certain maximum distance;

- the owner's manual for the vehicle shall contain all the information necessary for the safe use of all such devices.

2.3. The proposal also contains amendments of an administrative nature, designed to bring type-approval documentation into line with the provisions of the above-mentioned Framework Directive 70/156/EEC (on EC type-approval of the entire vehicle) and subsequent amendments.

2.4. In addition to the above, the proposal extends the scope of the (amended) Directive 74/60/EEC to all Category M, N and O motor vehicles, although, at present, the technical provisions contained therein apply exclusively to Category M1 vehicles.

2.5. The Commission proposes that the new provisions should apply:

- from 1 October 1999 for newly-approved types of vehicle;

- from 1 October 2000 for all new vehicles.

3. Comments and conclusions

3.1. The Committee is aware that the 'passive safety` aspects of cars are dealt with in 10 EC directives. These directives contain provisions on the measures to be taken (e.g. Directive 74/60/EEC on internal fittings), the devices to be installed [e.g. Directive 96/36/EC on seat belts ()] and design tests [e.g. Directive 96/79/EC on frontal impacts ()] in order to ensure that car occupants are protected in case of accident. Given the wide variety of directives, the Economic and Social Committee fears that these piecemeal amendments do not comply with the need to observe priorities: with regard to safety (particularly people's safety), there are certainly more urgent problems to be addressed (e.g. school buses, transport for the disabled, air-bags).

The Committee therefore recommends that the Commission take a global, coordinated approach to the safety problem, in line with its Green Paper on safety 'Communication from the Commission. promoting road safety in the EU - the programme for 1997-2001` (), published on 9 April 1997).

3.2. In view of the increasingly widespread use of automatic devices for the opening/closing of car windows, sun-roofs and internal partitions, the Committee can only endorse the new provisions proposed by the Commission, despite their lack of urgency. Such devices, in fact, can cause injury if improperly used. The proposal should therefore be seen as making the car manufacturer responsible for the design of the devices and their control switches and for providing the customer with information on how to use them.

3.3. The Committee trusts that the Commission Communication on road safety in the EU, mentioned in point 3.1, will soon lead to concrete action by the Commission itself. The Committee particularly urges that the Draft Directive on the construction specifications of buses () be finalized, as it includes provisions on access to transport for the disabled.

3.4. Lastly, the Committee wishes to highlight the lack of clarity in Article 2(3), which specifies the date after which newly-registered vehicles will have to comply with the provisions of the proposal. This date could, in fact, be interpreted as applying to all vehicles covered by the scope of the directive and not just to Category M1 vehicles, for which the provisions in Annex I were drawn up exclusively. It is therefore proposed that the second indent of Article 2(3) be deleted, as it is superfluous and could be misinterpreted.

Brussels, 9 September 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ C 149, 15.5.1998 p. 10.

() OJ L 38, 11.2.1974.

() OJ L 206, 29.7.1978.

() OJ L 42, 23.2.1970.

() OJ L 178, 17.7.1996.

() OJ L 18, 21.1.1997.

() COM (97) 131 final.

() Proposal for a European Parliament and Council Directive relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat and amending Council Directive 71/156/EEC, COM(97) 276, 18.6.1997, OJ C 17, 20.1.1998.