COUNCIL DIRECTIVE of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles (78/318/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 wipers and washers;
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), as amended by Directive 78/315/EEC (4), to be introduced in respect of each type of vehicle;
Whereas it is desirable to draft the technical requirements so that they have the same aim as the work being carried out on the subject in the UN Economic Commission for Europe;
Whereas these requirements apply to motor vehicles in category M1 (the international classification of motor vehicles is given in Annex I to Directive 70/156/EEC);
Whereas the approximation of the 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;
Whereas windscreen-washer systems are already marketed both separately and after being fitted to a vehicle ; whereas if it is possible to check them before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval for such systems, which are regarded as separate technical units within the meaning of Article 9a of Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle in category M1 (as defined in Annex I to Directive 70/156/EEC) intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle with regard to the windscreen-washer and windscreen-wiper systems, or of a windscreen-washer system, if: - such a vehicle satisfies the requirements of Annexes I to V relating to the windscreen-washer and windscreen-wiper systems,
- such a windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC satisfies the relevant requirements laid down in Annex I,
- such a vehicle is fitted with a windscreen-washer system which has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.
Article 3
1. No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to: (1)OJ No C 118, 16.5.1977, p. 33. (2)OJ No C 114, 11.5.1977, p. 8. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. - its windscreen-wiper and windscreen-washer systems, if these satisfy the requirements laid down in Annexes I to V,
- its windscreen-washer system if this has been granted type-approval as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC and has been installed in accordance with the requirements laid down in 6.2.5 of Annex I.
2. No Member State may prohibit the placing on the market of any windscreen-washer system regarded as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type which has been granted type-approval within the meaning of the second indent of Article 2.
Article 4
The Member State which has granted type-approval shall take the measures required to ensure that it is informed of any modification of a part or characteristic referred to in 2.2 of Annex I. The competent authorities of that Member State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with, the modification shall not be authorized.
Article 5
Any amendments necessary to adapt the requirements of Annexes I to VII to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
However, this procedure shall not apply to amendments introducing requirements for wiper and washer systems other than for the windscreen.
Article 6
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1977.