Commission Directive
of 18 April 1979
adapting to technical progress Council Directive 74/483/EEC on the approximation of the laws of the Member States relating to the external projections of motor vehicles
(79/488/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 78/547/EEC [2], and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 74/483/EEC 17 September 1974 on the approximation of the laws of the Member States relating to the external projections of motor vehicles [3],
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas luggage racks, ski racks and radio receiving or transmitting aerials 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 considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 74/483/EEC is amended as follows:
1. Articles 2, 3 and 4 are replaced by the following:
"Article 2
No Member State may, on grounds relating to external projections, refuse to grant EEC type-approval or national type-approval for a motor vehicle, or for luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units, if:
- the vehicle complies with the provisions of Annexes I and II as regards external projections,
- the luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC comply with the provisions of Annex I.
Article 3
1. No Member State may, on grounds relating to external projections, refuse to register or prohibit the sale, entry into service or use of any vehicle provided that the external projections comply with the provisions of Annexes I and II.
2. No Member State may, on grounds relating to external projections, prohibit the placing on the market of any luggage rack, ski rack or radio receiving or transmitting aerial considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC if it conforms to a type for which type-approval has been granted within the meaning of Article 2.
Article 4
A Member State which has granted type-approval shall take the measures necessary to ensure that it is informed of any modification to a part or characteristic referred to in item 2.2 of Annex I. The competent authorities of that Member State shall determine whether fresh tests should be carried out on the modified type and a fresh report drawn up. Where such tests reveal that the requirements of this Directive have not been complied with, the modification shall not be authorized."
2. Annexes I, II and III to Directive 74/483/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. As from 1 January 1980, Member States shall not, on grounds relating to external projections:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- refuse to grant EEC type-approval for luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC, or
- prohibit the entry into service of vehicles,
where the external projections of such type of vehicle or of such vehicles or of the aforementioned separate technical units comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
2. As from 1 October 1981 Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive,
- may refuse national type-approval of a type of motor vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
3. As from 1 October 1983, Member States may prohibit the entry into service of any vehicle if its external projections do not comply with the provisions of Directive 74/483/EEC, as last amended by this Directive.
4. Before 1 January 1980, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 18 April 1979.