COUNCIL DIRECTIVE
of 21 December 1977
on the approximation of the laws of the Member States relating to the defrosting and demisting systems of glazed surfaces of motor vehicles
(78/317/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 the defrosting and demisting systems of glazed surfaces of motor vehicles;
Whereas these 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 advisable 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 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,
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 on grounds relating to the defrosting and demisting systems of its glazed surfaces if they satisfy the requirements set out in Annexes I, II, III, IV and V.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the defrosting and demisting systems of its glazed surfaces if they satisfy the requirements laid down in Annexes I, II, III, IV and V.
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 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, II, III, IV, V and VI 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 defrosting and demisting systems of glazed surfaces other than those of windscreens.
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.