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Version Superseded: 01/11/2014
EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to head restraints;
Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure, which was the subject of 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(4), as last amended by Directive 78/547/EEC(5), to be introduced in respect of each type of vehicle;
Whereas the common requirements for the interior parts of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats were laid down in Directive 74/60/EEC(6); whereas those for the internal fittings relating to the protection of the driver from the steering mechanism in the event of an impact were laid down in Directive 74/297/EEC(7); whereas those relating to the strength of the seats and their anchorages were laid down in Directive 74/408/EEC(8); whereas those relating to anchorages for safety belts were laid down in Directive 76/115/EEC(9); whereas those relating to safety belts and restraint systems were laid down in Directive 77/541/EEC(10);
Whereas a harmonized component type-approval procedure for head restraints makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of head restraint; whereas the placing of an EEC component type-approval mark on all head restraints manufactured in conformity with the approved type obviates any need for technical checks on these head restraints in the other Member States;
Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by the Member States of checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
1.Each Member State shall grant EEC component type-approval for any type of head restraint whether integrated or not in the seats of motor vehicles, which satisfies the construction and testing requirements laid down in Annexes I to V.
2.The Member State which has granted EEC component type-approval for the head restraints shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Member States shall, for each type of head restraint which they approve pursuant to Article 1, issue, to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex VI.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between head restraints which have been type-approved pursuant to Article 1 and other devices.
1.No Member State may prohibit the placing on the market of head restraints on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.
2.Nevertheless, a Member State may prohibit the placing on the market of head restraints bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates and extension certificates completed for each type of head restraint which they approve or refuse to approve.
1.If the Member State which has granted EEC component type-approval finds that a number of head restraints bearing the same component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2.The competent authorities of the Member States shall within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw component type-approval for a head restraint or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its head restraints, if these bear the EEC component type-approval mark and are intended for installation in the type of vehicle submitted for type-approval.
For the purposes of this Directive, ‘vehicle’ means any Category M1 motor vehicle (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
1.Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2.Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
This Directive is addressed to the Member States.
forming an integral part of the seatback, or
designed to be installed on the seat,
of motor vehicles conforming to the definition given in Article 9 and intended for separate use, i.e. as individual equipment by adult occupants of forward-facing seats.
‘Vehicle type with regard to head restraints’ means vehicles which do not differ in such essential respects as:
‘Head restraint’ means a device whose purpose is to limit the rearward displacement of the occupant's head in relation to his torso in order to reduce the danger of injury to the cervical vertebrae in the event of an accident. This device may or may not form an integral part of the seatback.
‘Type of seat’ means seats which do not differ in their dimensions, in their framework or in their padding, although they may differ in finish or colour.
‘Type of head restraint’ means head restraints which do not differ in their dimensions, in their framework or in their padding, although they may differ in finish, colour or covering.
(see Annex II).
(see Annex II).
‘Reference line r’ means a straight line which, either on a test manikin having the mass and dimensions of an average adult male or on a test manikin having identical characteristics, passes through the joint of the leg with the pelvis and the joint of the neck with the thorax. On the manikin referred to in Section 3 of Annex III to Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers(11), to which reference is made in Annex II to this Directive, the reference line is that shown in Figure 1 in the Appendix to Annex III to Directive 77/649/EEC.
‘Head line’ means a straight line passing through the centre of gravity of the head and through the joint of the neck with the thorax. When the head is at rest the head line is situated in the extension of the reference line.
This point is verified in accordance with the requirements of Annex II.
(see Annex III, Figure 2).
With each model conforming to an approved type of head restraint, the manufacturer shall supply particulars of the types and characteristics of the seats for which the head restraint is approved and, where appropriate, the directions to the user of the head restraint on how to fit it correctly to the seats concerned.
Annex III to Directive 77/649/EEC shall be applicable.
The head restraint must be fitted and tested on the seat of the vehicle for which it is intended. The seat must be firmly secured to the test bench so that it does not move under impact.
The recording instruments used must be such that measurements can be made with the following degrees of accuracy:
accuracy: ± 5 % of the real value,
frequency response: up to 1 000 Hz
cross-axis sensitivity: < 5 % of the lowest point on the scale.
accuracy: ± 2·5 % of the real value,
sensitivity: 0·5 km/h.
the instrumentation must enable the action to be recorded throughout its duration and readings to be made within one thousandth of a second,
the beginning of the impact at the moment of first contact between the headform and the head restraint being tested is noted on the recordings used for analyzing the test.
In tests carried out by the above procedure, the deceleration of the headform must not exceed 80 g continuously for more than three milliseconds. The deceleration rate is taken as the average of the readings on the two decelerometers.
for Germany
for France
for Italy
for the Netherlands
for Belgium
for Spain
for the United Kingdom
for Luxembourg
for Denmark
for Greece]
for Ireland
for Portugal [F3;] ]
for Finland
for Sweden [F6;] ] ]
for the Czech Republic
for Estonia
for Cyprus
for Latvia
for Lithuania
for Hungary
for Malta
for Poland
for Slovenia
for Slovakia [F8;] ]
for Bulgaria
for Romania [F10;] ]
for Croatia;]
Textual Amendments
F1 Substituted by Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties.
F2 Substituted by Council Directive of 25 June 1987 amending certain directives on the approximation of the laws of the Member States relating to industrial products with respect to the distinctive numbers and letters indicating the Member States (87/354/EEC).
F3 Deleted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).
F4 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).
F5 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).
F6 Deleted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
F7 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
F8 Deleted by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.
F9 Inserted by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.
The above component type-approval mark affixed to a head restraint or restraints forming an integral part of the seat or seats of a vehicle shows that the type of seat in question has been approved with regard to head restraints in the Netherlands (e4) under the number 2439.
The above component type-approval mark affixed to a head restraint shows that the head restraint in question has been granted EEC component type-approval, that it is a head restraint which is not an integral part of a seat and is approved in the Netherlands under the number 2439.
The relationship of the reduced mass ‘mr’ of the pendulum to the total mass ‘m’ of the pendulum at a distance ‘a’ between the centre of percussion and the axis of rotation and at a distance ‘l’ between the centre of gravity and the axis of rotation is given by the formula: ·
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