COMMISSION DIRECTIVE 94/68/EC of 16 December 1994 adapting to technical progress Council Directive 78/318/EEC on the approximation of the laws of the Member States relating to the windscreen wiper and washer systems of motor vehicles
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 (1), at last amended by Commission Directive 93/81/EEC (2), and in particular Article 13 (2) thereof,
Having regard to Council Directive 78/318/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles (3), and in particular Article 5 thereof,
Whereas Directive 78/318/EEC is one of the separate directives of EEC type-approval procedure established under 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 require that each separate directive shall have 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 computerized;
Whereas Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (4), as last amended by Commission Directive 90/630/EEC (5) established the procedure for determining different characteristics of vehicles which are to be maintained;
Whereas in the light of technical progress it is possible to adapt Directive 78/318/EEC in order to bring the test specifications and procedures closer to the actual operating conditions for these systems;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 78/318/EEC shall be amended as follows:
1. In Article 1, the term between brackets 'as defined in Annex I to Directive 70/156/EEC' shall be replaced by the term 'as defined in Annex II A to Directive 70/156/EEC'.
2. Article 2 is amended as follows:
(a) in the first indent the words 'Annexes I to V' are replaced by 'the relevant Annexes';
(b) in the second and third indents the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC'.
3. Article 3 is amended as follows:
(a) paragraph 1 is amended as follows:
(i) in the first indent the words 'Annexes I to V' are replaced by 'the relevant Annexes';
(ii) in the second indent the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC';
(b) in paragraph 2 the words 'within the meaning of Article 9a of Directive 70/156/EEC' are replaced by 'within the meaning of Article 2 of Directive 70/156/EEC'.
4. In Article 4, '2.2' is replaced by '2.1'.
5. In Article 5, the words 'Annexes I to VII' are replaced by 'the Annexes'.
6. The list of Annexes and Annexes I, II, VI and VII are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 July 1995 Member States may not, on grounds relating to windscreen wiper and washer systems:
- refuse, in respect of a type of motor vehicle or a type of windscreen wiper and washer system, to grant EEC type-approval or national type-approval; or
- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of windscreen wiper and washer systems,
if the windscreen wiper and washer systems comply with the requirements of Directive 78/318/EEC as amended by this Directive.
2. With effect from 1 January 1996 Member States:
- shall no longer grant EEC type-approval, and
- may refuse to grant national type-approval
for a type of vehicle on grounds relating to windscreen wiper and washer systems and for a type of windscreen wiper and washer system if the requirements of Directive 78/318/EEC, as amended by this Directive, are not fulfilled.
3. Notwithstanding paragraph 2 above, for the purposes of replacement parts, Member States shall continue to grant EEC type-approval of windscreen wiper and washer systems in accordance with the original version of Directive 78/318/EEC, provided that such windscreen washer systems:
- are intended to be fitted to vehicles already in use, and
- comply with the requirements of that Directive as they were applicable when the vehicles were first registered.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1995 and shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of the legal provisions subsequently adopted in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Done at Brussels, 16 December 1994.