COMMISSION DIRECTIVE of 20 July 1979 adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles (79/795/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 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles (3),
Whereas, in the light of the experience gained and in view of the present state of technology, it is now possible to make the relevant provisions fuller, more stringent and better adapted to actual test conditions;
Whereas Council Directive 71/127/EEC provides that specifications on external rear-view mirrors adjustable from the driving position are to be drawn up as soon as technological development permits;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 71/127/EEC is hereby amended as follows: 1. The last subparagraph of Article 3 (2) is amended to read as follows:
"There shall be failure to conform to the approved type, within the meaning of the first subparagraph, where the requirements of item 2 of Annex I are not observed."
2. Article 7 is replaced by the following:
"1. With effect from 1 February 1980, no Member State may, on grounds relating to rear-view mirrors: (a) - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of the vehicles,
if the rear-view mirrors of this type of vehicle or of these vehicles comply with the provisions of this Directive;
(b) - refuse, in respect of a type of rear-view mirror, to grant EEC component (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39. (3)OJ No L 68, 22.3.1971, p. 1.
type-approval or national type-approval, if these rear-view mirrors comply with the provisions of this Directive, or
- prohibit the placing on the market of rear-view mirrors which bear the EEC component type-approval mark laid down in this Directive.
2. With effect from 1 October 1981 a Member State: (a) - shall not issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the rear-view mirrors 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 rear-view mirrors do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive,
- may refuse to grant national component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive.
3. With effect from 1 October 1984 Member States: - may prohibit the entry into service of vehicles of which the rear-view mirrors do not comply with the provisions of this Directive,
- may prohibit the placing on the market of rear-view mirrors which do not bear the EEC component type-approval mark laid down in this Directive."
3. Annexes I, II and III are replaced by Annexes I, II, III and IV to this Directive.
Article 2
Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 February 1980. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 20 July 1979.