No L 186/28 Official Journal of the European Communities 25. 7. 96 COMMISSION DIRECTIVE 96/37/EC of 17 June 1996 adapting to technical progress Council Directive 74/408/EEC relating to the interior fittings of motor vehicles (strength of seats and of their anchorages) (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard 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 ('), as last amended by Commis- sion Directive 95/54/EC (3, and in particular Article 13 (2) thereof, Having regard to Council Directive 74/408/EEC of. 22 July 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages) (), as last amended by Commission Directive 81/577/EEC (%), and in particular Article 5 thereof, Whereas Directive 74/408/EEC is one of the separate Directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive; Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerised; Whereas it is possible further to adapt this Directive in the light of technical progress so as to improve the protection provided for passengers in motor vehicles in respect of the strength of the seats and the fitting of head restraints, by requiring compliance with the technical provisions of United Nations Economic Commission for Europe Regulation 17.04 and, in particular, the height of head restraints envisaged for the 05 series of amendments to that Regulation; Whereas it is also possible to require head restraints to be fitted to the outboard front seats in vehicles in categories () OJ No L 42, 23. 2. 1970, p. 1. () O No L 266, 8. 11. 1995, p. 1. () O] No L 221, 12. 8. 1974, p. 1. () OJ No L 209, 29. 7. 1981, p. 34. M,, N, and M, with a gross weight not exceeding 3 500 kg so as to minimize the risk of neck injuries in rear-end collisions; Whereas the procedure for determining the H-point of a seat is given in Annex III to Council Directive 77/649/EEC (%), as last amended by Commission Directive 90/630/EEC (), and consequently it is not necessary to give it again in this Directive; whereas reference is made to Council Directive 74/60/EEC (°), as last amended by Commission Directive 78/632/EEC (¥), and to Council Directive 78/932/EEC (°); Whereas future consideration should be given to the development of seat strength requirements specific to M, vehicles, based on experience and accident research. Whereas future consideration should be given to the performance of seats subject to the combined loading of a restrained occupant and an unrestrained passenger behind; whereas a research programme should be under- taken in the next two years with a view to developing a new static seat test procedure which provides an equi- valent level of safety compared with the existing dynamic test; Whereas future consideration should be given to further improvement of the protection provided by head restraints, based on a review of injury patterns, including the possible introduction of neck injury as a performance criterion, based on the use of the Hybrid III test dummy; Whereas the entry into force of an amendment to Council Directive 77/541/EEC ('), as last amended by Commission Directive 90/628/EEC ('), to require seat belts in M, and M, vehicles is dependent upon the adap- tation to technical progress of Council Directive 76/115/EEC ('), as last amended by Commission Direc- tive 90/629/EEC (%), on the anchorages for seat belts and this Directive on the strength of seats; No L 267, 19. 10. 1977, p. 1. No L 341, 6. 12. 1990, p. 20. No L 38, 11. 2. 1974, p. 2. No L 206, 29. 7. 1978, p. 26. No L 325, 20. 11. 1978, p. 1. s o e o - ) OJ No L 220, 29. 8. 1977, p. 95. ) OJ No L 341, 6. 12. 1990, p. 1. ) OJ No L 24, 30. 1. 1976, p. 6. ) No L 341, 6. 12. 1990, p. 14. o~~~