COMMISSION DIRECTIVE of 1 August 1989 adapting to technical progress Council Directive 76/761/EEC on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (89/517/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 (1), as last amended by Directive 87/403/EEC (2), and in particular Article 11 thereof,
Having regard to Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (3), as last amended by Directive 87/354/EEC (4), and in particular Article 10 thereof,
Whereas, in the light of experience and in view of the current state of the art, certain requirements may now be supplemented and brought more into line with real traffic conditions, thus improving the safety of vehicle occupants and other road users;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1 The list of Annexes and Annexes I, II, V and VI to Directive 76/761/EEC shall be amended in accordance with the Annex to this Directive. A new Annex VII, also set out in the Annex to this Directive, shall be added.
Article 2 1. With effect from 1 January 1990, no Member State may:
(a) - refuse, in respect of a type of vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles,
on grounds relating to the headlamps which function as main-beam and/or dipped-beam headlamps and to the incandescent electric filament lamps for such lamps, hereinafter referred to as ´headlamps' and ´lamps' respectively, if the latter comply with the provisions of this Directive;
(b) - refuse to grant EEC component type-approval or national component type-approval in respect of the said headlamps and lamps if they comply with the provisions of this Directive, or
- prohibit the placing on the market of headlamps and lamps if the latter bear the EEC component type-approval mark issued in accordance with the provisions of this Directive.
2. With effect from 1 July 1990, Member States:
(a) - shall not issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the headlamps and lamps do not comply with the provisions of this Directive,
- may refuse to grant national type-approval in respect of a type of vehicle of which the said headlamps and lamps do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of headlamps and lamps if the latter do not comply with the provisions of this Directive,
- may refuse to grant national component type-approval in respect of the said headlamps and lamps if they do not comply with the provisions of this Directive.
3. With effect from 1 April 1994, Member States may prohibit the entry into service of vehicles of which the
headlamps and lamps do not comply with the provisions of this Directive, and the placing on the market of headlamps and lamps which do not bear the type-approval mark issued in accordance with the provisions of this Directive.
4. By way of derogation from the provisions of 2 (b) above, Member States shall continue to recognize EEC component type-approval granted for a type of headlamp and a type of lamp pursuant to the provisions of Directive 76/761/EEC which are intended to be mounted on vehicles already in service.
Article 3 Member States shall bring into force the provisions necessary to comply with this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof.
The provisions adopted pursuant to the first subparagraph shall make express reference to this Directive.
Article 4 This Directive is addressed to the Member States.
Done at Brussels, 1 August 1989.