COMMISSION DIRECTIVE of 1 August 1989 adapting to technical progress Council Directive 76/758/EEC on the approximation of the laws of the Member States relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers (89/516/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 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop 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, it is now possible to simplify the EEC component type-approval mark for lamps of this type when these are grouped together with, combined with or reciprocally incorporated in other lamps, and to amend certain provisions to take account of the technical progress made in the meantime;.
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 0, I, II and III to Directive 76/758/EEC are hereby amended as set out in the Annex to this Directive.
Article 2 1. With effect from 1 January 1990, no Member State may:
(a) - refuse, in respect of a type of motor 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 the vehicles,
if the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps comply with the provisions of this Directive;
(b) - refuse, in respect of a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp and stop lamp, to grant EEC component type-approval or national type-approval, if these end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps comply with the provisions of this Directive, or
- prohibit the placing on the market of end-outline marker lamps, front position (side) lamps, rear
position (side) lamps and stop lamps which bear the EEC component type-approval mark issued in accordance with the requirements of this Directive.
2. With effect from 1 July 1990 a Member State:
(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 end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop 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 end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp and stop lamp 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 end-outline marker lamp, front position (side) lamp, rear positon (side) lamp and stop lamp if the latter does not comply with the provisions of this Directive.
3. With effect from 1 October 1995, Member States may prohibit the entry into service of vehicles of which the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps do not comply with the provisions of this Directive and the placing on the market of those lamps which do not bear the component type-approval mark issued in accordance with the requirements 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 end-outline marker lamp, front position (side) lamp, rear position (side) lamp or stop lamp pursuant to the provisions of Directive 76/758/EEC in the case of devices intended to be mounted on vehicles already in service, and may also grant EEC component type-approval for a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp or stop lamp pursuant to the provisions of Directive 76/758/EEC provided that such devices are intended to be used as replacement parts for vehicles already in service and it is not technically possible for the said devices to comply with the provisions of this Directive.
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.