COUNCIL DIRECTIVE of 27 July 1976 on the approximation of the laws of the Member States relating to reflex reflectors for motor vehicles and their trailers (76/757/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 their reflex reflectors;
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 (3), to be introduced in respect of each type of vehicle;
Whereas, in Directive 76/756/EEC (4), the Council laid down common requirements for the installation of lighting and light-signalling devices on motor vehicles and their trailers;
Whereas a harmonized type-approval procedure for reflectors 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 reflex reflector ; whereas the placing of an EEC component type-approval mark on all reflex reflectors manufactured in conformity with the approved type obviates any need for technical checks on these reflex reflectors in the Member States;
Whereas it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 3 ("Uniform provisions for the approval of reflex reflecting devices for motor vehicles") (5), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts;
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall grant EEC component type-approval for any type of reflex reflector which satisfies the construction and testing requirements laid down in Annexes 0, I, III, V, VI, VII, VIII, IX, X, XI and XII.
2. The Member State which has granted EEC component type-approval shall take the measures required in order 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.
Article 2
Member States shall, for each type of reflex reflector which they approve pursuant to Article 1, issue to the (1)OJ No C 55, 13.5.1974, p. 14. (2)OJ No C 109, 19.9.1974, p. 26. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. (5) PIC FILE= "T
manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex III.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between reflex reflectors which have been type-approved pursuant to Article 1, and other devices.
Article 3
1. No Member State may prohibit the placing on the market of reflex reflectors 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 reflex reflectors 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.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the Member States a copy of the component type-approval certificates, an example of which is given in Annex II, completed for each type of reflex reflector which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of reflex reflectors bearing the same EEC 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, where there is consistent failure to conform, 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.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw type-approval for a reflex reflector 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.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its reflex reflectors if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its reflex reflectors if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 9
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 vehicles which run on rails, agricultural tractors and machinery and public works vehicles.
Article 10
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 11
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 from 1 October 1977 at the latest.
2. Once this Directive has been notified, the Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 27 July 1976.