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COMMISSION DIRECTIVE
of 28 March 1989
adapting to technical progress Council Directive 76/759/EEC on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers
(89/277/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 76/759/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers (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, it is now possible to make certain requirements more complete and better adapted to actual traffic conditions thus improving the safety offered to 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 Annexes to Directive 76/759/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 31 March 1989, 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 last 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 direction indicator lamps 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 direction indicator lamps if they comply with the provisions of this Directive, or
- prohibit the placing on the market of direction indicator lamps if the latter bear the EEC component type-approval mark issued in pursuance of the provisions of this Directive.
2. With effect from 1 October 1991, Member States:
(a) - shall no longer 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 in which the direction indicator lamps do not comply with the provisions of this Directive,
- may refuse to grant national type approval in respect of a type of vehicle in which the said direction indicator lamps do not comply with the provisions of this Directive;
(b) - shall no longer grant EEC component type approval in respect of direction indicator 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 direction indicator lamps if they do not comply with the provisions of this Directive.
Nevertheless, this date is postponed to 1 October 1993 in the case of the EEC component type approval of category 5 direction indicator lamps.
3. With effect from 1 October 1995, Member States may prohibit the entry into service of vehicles in which the direction indicator lamps do not comply with the provisions of this Directive, as well as the placing on the market of direction indicator lamps that do not bear the type-approval mark issued in pursuance of the provisions of this Directive.
4. Notwithstanding paragraph (2) (b), Member States shall continue to recognize EEC component type approval granted for direction indicator lamps in pursuance of Directive 76/759/EEC in the case of devices intended to be mounted on vehicles already in circulation, and may also grant EEC component type approval for direction indicator lamps in pursuance of Directive 76/759/EEC provided that such devices are intended to be used as replacement parts for vehicles in circulation and it is not technically possible for the said devices to comply with the provisions of this Directive.
Article 3
The provisions of Article 2 shall not apply if they conflict with the provisions of Article 2 (2), (3) and (4) of Commission Directive 89/278/EEC of 28 March 1989, adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (1).
Article 4
Member States shall bring into force the provisions necessary to comply with this Directive not later than 30 September 1989. They shall forthwith inform the Commission thereof.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 28 March 1989.