COUNCIL DIRECTIVE of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (76/756/EEC)
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,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to the installation of lighting and light-signalling devices;
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 proccedure 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 (3), to be introduced in respect of each type of vehicle;
Whereas common requirements for the construction of lighting and light-signalling devices will be the subject of further special Directives;
Whereas approximation of the national laws relating to motor vehicles entails mutual recognition by the Member States of the checks carried out by each of them on the basis of the common requirements ; whereas, if the system is to function properly, these requirements must be applied from the same date,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of (1)OJ No C 55, 13.5.1974, p. 14. (2)OJ No C 109, 19.9.1974, p. 22. (3)OJ No L 42, 23.2.1970, p. 1.
vehicles which run on rails, agricultural or forestry tractors and machinery, and public works vehicles.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in 1.5.7 to 1.5.20 of Annex I if these are installed in accordance with the requirements set out in Annex I.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in 1.5.7 to 1.5.20 of Annex I if these are installed in accordance with the requirements set out in Annex I.
Article 4
A Member State which has granted EEC type-approval shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in 1.1 of Annex I. The competent authorities of that Member State shall determine whether further tests should be carried out on the modified vehicle type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 6
1. Member States shall adopt and publish the provisions necessary in order to comply with this Directive before 1 July 1977 and shall forthwith inform the Commission thereof.
They shall apply these provisions with effect from 1 October 1977 at the latest. However, until 1 October 1979 Member States may not refuse EEC or national type-approval on grounds relating to the installation of lighting and light-signalling devices, if the requirements of 4.2.6 of Annex I only are not complied with. Where, however, devices mentioned in 4.2.6 are fitted, they shall meet the requirements of that section.
2. Once this Directive has been notified, Member States shall also ensure that the Commission is informed, in sufficient time to enable it to submit its comments of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 27 July 1976.