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►B COUNCIL DIRECTIVE
of 28 June 1977
on the approximation of the laws of the Member States relating to rear fog lamps for motor vehi-
cles and their trailers
(77/538/EEC)
(OJ L 220, 29.8.1977, p. 60)
Amended by:
Official Journal
No page date
►M1 Council Directive 87/354/EEC of 25 June 1987 L 192 43 11.7.1987
►M2 Commission Directive 89/518/EEC of 1 August 1989 L 265 24 12.9.1989
►M3 Commission Directive 1999/14/EC of 16 March 1999 L 97 1 12.4.1999
Amended by:
►A1 Act of Accession of Greece L 291 17 19.11.1979
►A2 Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
►A4 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
Corrected by:
►C1 Corrigendum, OJ L 284, 10.10.1978, p. 11 (77/538/EEC)
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COUNCIL DIRECTIVE
of 28 June 1977
on the approximation of the laws of the Member States relating to
rear fog lamps for motor vehicles and their trailers
(77/538/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 rear fog lamps;
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, inorder, in particular, to allow the EEC type-approval procedure whichwas the subject of Council Directive 70/156/EEC of 6 February 1970on the approximation of the laws of the Member States relating to thetype-approval of motor vehicles and their trailers (
3), to be introduced
in respect of each type of vehicle;
Whereas in Directive 76/756/EEC (4), the Council laid down the
common requirements for the installation of lighting and light-signal-ling devices on motor vehicles and their trailers;
Whereas a harmonized component type-approval procedure for rear fog
lamps makes it possible for each Member State to check compliancewith the common construction and testing requirements and to informthe other Member States of its findings by sending a copy of thecomponent type-approval certificate completed for each type of rearfog lamp; whereas the placing of an EEC component type-approval
mark on all rear fog lamps manufactured in conformity with the
approved type obviates any need for technical checks on these rearfog lamps in the other Member States;
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 the approximation of national laws relating to motor vehicles
entails reciprocal recognition by Member-States of the tests carried outby each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall grant EC component type-approval for
any type of rear fog lamp which satisfies the construction and testing
requirements laid down in the relevant Annexes.
2. The Member State which has granted EEC component type-
approval shall take the measures required in order to verify thatproduction models conform to the approved type, in so far as this is1977L0538 — EN — 01.05.2004 — 007.001 — 2
(1) OJ No C 118, 16. 5. 1977, p. 29.
(2) OJ No C 114, 11. 5. 1977, p. 2.
(3) OJ No L 42, 23. 2. 1970, p. 1.
(4) OJ No L 262, 27. 9. 1976, p. 1.▼M3
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necessary and if need be in cooperation with the competent authorities
in the other Member States. Such verification shall be limited to spotchecks.
Article 2
Member States shall, for each type of rear fog lamp which they
approve pursuant to Article 1, issue to the manufacturer an EC compo-
nent type-approval mark conforming to the model shown in Annex I,Appendix 3.
Member States shall take all appropriate measures to prevent the use of
marks liable to create confusion between rear fog lamps which havebeen type-approved pursuant to Article 1, and other devices.
Article 3
1. No Member State may prohibit the placing on the market of rear
fog lamps on grounds relating to their construction or method of func-tioning if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the
market of rear fog lamps bearing the EEC component type-approval
mark which consistently fail to conform to the approved type.
That State shall inform the other Member States and the Commission
forthwith of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of the Member States shall inform each
other, by means of the procedures specified in Article 4(6) of Directive70/156/EEC, of each approval which they have granted, refused or
withdrawn pursuant to this Directive.
Article 5
1. If the Member State which has granted EEC component type-
approval finds that a number of rear fog lamps bearing the same EECcomponent type-approval mark do not conform to the type which it hasapproved, it shall take the necessary measures to ensure that productionmodels conform to the approved type. The competent authorities ofthat State shall advise those of the other Member States of the
measures taken which may, where there is consistent failure to
conform, extend to withdrawal of EEC component type-approval. Thesaid authorities shall take the same measures if they are informed bythe competent authorities of another Member State of such failure toconform.
2. The competent authorities of Member States shall inform each
other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementa-
tion of this Directive, to refuse or withdraw EEC component type-approval for a rear fog lamp or prohibit its placing on the market oruse shall set out in detail the reasons on which it is based. Such deci-sion shall be notified to the party concerned, who shall at the sametime be informed of the remedies available to him under the laws in
force in the Member States and of the time limits allowed for the exer-
cise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national
type-approval of any vehicle on grounds relating to its rear fog lamps1977L0538 — EN — 01.05.2004 — 007.001 — 3
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if these bear the EEC component type-approval mark and are fitted in
accordance with the requirements laid down in Directive 76/756/EEC.
Article 8
No Member State may refuse or prohibit the sale, registration, entry
into service or use of any vehicle on grounds relating to its rear fog
lamps if these bear the EEC component type-approval mark and are
fitted in accordance with the requirements laid down in Directive 76/756/EEC.
Article 9
For the purposes of this Directive, ‘vehicle’ means any motor vehicle
intended for use on the road, with or without bodywork, having at leastfour wheels and a maximum design speed exceeding 25 km/h, and itstrailers, with the exception of vehicles which run on rails and of agri-
cultural and forestry tractors and all mobile machinery.
Article 10
Any amendments necessary to adjust the requirements of the Annexes
to take account of technical progress shall be adopted in accordancewith the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 11
1. Member States shall bring into force the provisions needed in
order to comply with this Directive within 18 months of its notificationand 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 12
This Directive is addressed to the Member States.1977L0538 — EN — 01.05.2004 — 007.001 — 4
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LIST OF ANNEXES
ANNEX I: Administrative provisions for type approval
Appendix 1: Information document
Appendix 2: Type-approval certificate
Appendix 3: Models of the EC component type-approval mark
ANNEX II: Technical requirements1977L0538 — EN — 01.05.2004 — 007.001 — 5
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ANNEX I
ADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL
1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL
1.1. The application for EC component type-approval pursuant to Article
3(4) of Directive 70/156/EEC of a type of rear fog lamp shall be
submitted by the manufacturer.
1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible
for conducting the type-approval tests:
1.3.1. Two samples, equipped with the lamp or lamps recommended; if the
devices are not identical but are symmetrical and suitable for mounting
one on the left and one on the right side of the vehicle, the two samples
submitted may be identical and be suitable for mounting only on the
right or only on the left side of the vehicle.
2. MARKINGS
2.1. The devices submitted for EC component type approval must bear:2.1.1. the trade name or mark of the manufacturer;
2.1.2. in the case of lamps with replaceable light sources: the type(s) of fila-
ment lamp prescribed;
2.1.3. in the case of lamps with non-replaceable light sources: the nominal
voltage and wattage.
2.2. These markings shall be clearly legible and indelible and shall be
affixed to the illuminating surface, or to one of the illuminating
surfaces, of the device. They shall be visible from the exterior when
the device is fitted to the vehicle.
2.3. Each device shall have sufficient space for the component type-
approval mark. This space shall be indicated on the drawings referred
to in Appendix 1.
3. GRANTING OF EC COMPONENT TYPE-APPROVAL
3.1. If the relevant requirements are satisfied, EC type-approval pursuant to
Article 4(3) and, if applicable, Article 4(4) of Directive 70/156/EEC
shall be granted.
3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/
EEC shall be assigned to each type of rear fog lamp approved. The
same Member State shall not assign the same number to another type
of rear fog lamp.
3.4. Where EC component type approval is requested for a type of lighting
and light-signalling device comprising a rear fog lamp and other lamps,
a single EC component type-approval number may be assigned
provided that the rear fog lamp complies with the requirements of this
Directive and that each of the other lamps forming part of the lighting
and light-signalling device for which EC component type approval is
requested complies with the separate Directive applying to it.
4. EC COMPONENT TYPE-APPROVAL MARK
4.1. In addition to the markings referred to in item 2.1., every rear fog lamp
conforming to the type approved pursuant to this Directive shall bear an
EC component type-approval mark.
4.2. This mark shall consist of:
4.2.1. a rectangle surrounding the letter ‘e’ followed by the distinguishing
number or letters of the Member State which has granted type approval:
1 for Germany
2 for France
3 for Italy
4 for the Netherlands1977L0538 — EN — 01.05.2004 — 007.001 — 6
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5 for Sweden
6 for Belgium
7 for Hungary
8 for the Czech Republic
9 for Spain
11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland
18 for Denmark
20 for Poland
21 for Portugal
23 for Greece
26 for Slovenia
27 for Slovakia
29 for Estonia
32 for Latvia36 for LithuaniaCY for Cyprus
IRL for Ireland
MT for Malta;
4.2.2. in the vicinity of the rectangle the ‘base approval number’ contained in
section 4 of the type-approval number referred to in Annex VII to
Directive 70/156/EEC, preceded by the two figures indicating the
sequence number assigned to the most recent major technical amend-
ment to Directive 77/538/EEC on the date EEC type-approval was
granted. In this Directive the sequence number is 00;
4.2.3. an additional symbol consisting of the letter ‘F’.
4.3. The EC component type-approval mark shall be affixed to the lens of
the lamp or one of the lenses in such a way as to be indelible and
clearly legible even when the lamps are fitted to the vehicle.
4.4. Examples of the EC component type-approval mark are given in
Appendix 3, Figure 1.
4.5. Where a single EC component type-approval number is issued, as per
item 3.4. above, for a type of lighting and light-signalling device
comprising a rear fog lamp and other lamps, a single EC component
type-approval mark may be affixed, consisting of:
4.5.1. a rectangle surrounding the letter ‘e’ followed by the distinguishing
number or letters of the Member State which has granted type approval
(see item 4.2.1.);
4.5.2. the base approval number (see item 4.2.2., first half-sentence);
4.5.3. if necessary, the required arrow, in so far as it relates to the lamp
assembly as a whole.
4.6. This mark may be located anywhere on the lamps which are grouped,
combined or reciprocally incorporated, provided that:
4.6.1. it is visible after the installation of the lamps;
4.6.2. no light-transmitting components of the grouped, combined or recipro-
cally incorporated lamps can be removed without simultaneously
removing the approval mark.
4.7. The identification symbol for each lamp corresponding to each Direc-
tive pursuant to which EC component type approval was granted,
together with the sequence number (see item 4.2.2.) and, where neces-
sary, the letter ‘D’ and the required arrow shall be marked:1977L0538 — EN — 01.05.2004 — 007.001 — 7
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4.7.1. either on the appropriate light-emitting surface;
4.7.2. or in a group, in such a way that each of the grouped, combined or reci-
procally incorporated lamps may be clearly identified.
4.8. The dimensions of the components of this mark must not be less than
the minimum dimensions specified for individual marks by the variousDirectives pursuant to which EC component type approval was granted.
4.9. Examples of an EC component type-approval mark for a lamp that is
grouped, combined or reciprocally incorporated with other lamps are
given in figure 2 of Appendix 3.
5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO
APPROVALS
5.1. In the case of modifications of the type approved pursuant to this Direc-
tive, the provisions of Article 5 of Directive 70/156/EEC shall apply.
6. CONFORMITY OF PRODUCTION
6.1. As a general rule, measures to ensure the conformity of production shall
be taken in accordance with the provisions laid down in Article 10 of
Directive 70/156/EEC.
6.2. Every rear fog lamp shall comply with the photometric conditions
specified in paragraphs 6 and 9 (
1). Nevertheless, in the case of a rear
fog lamp selected at random from series production, the requirements
as to minimum intensity of the light emitted (measured with a standard
lamp as referred to in paragraph 7 (1)) shall be limited in each relevant
direction to 80 per cent of the minimum value prescribed in paragraph
6(1).1977L0538 — EN — 01.05.2004 — 007.001 — 8
(1) Of the documents referred to in point 1 of Annex II to this Directive.
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Appendix 1
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Appendix 2
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Appendix 3
EXAMPLES OF THE EC COMPONENT TYPE-APPROVAL MARK
Figure 1
The device bearing the EC component type-approval mark shown above is a
rear fog lamp, type approved in Germany (e1) pursuant to this Directive (00)
under the base approval number 1471.
Figure 2
Simplified marking of grouped, combined or reciprocally incorporated
lamps when two or more lamps are part of the same assembly
(The vertical and horizontal lines schematise the shape of the light-signalling
device. These are not part of the approval mark)
MODEL A
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MODEL B
MODEL C
Note: The three examples of approval marks, models A, B and C represent
three possible variants of the marking of a lighting and light-signalling
device when two or more lamps are part of the same unit of grouped,
combined or reciprocally incorporated lamps. These approval marks
show that the device was approved in Germany (e1) under the base
approval number 1712 and comprises:
A retro reflector of class IA approved in accordance with Directive 76/
757/EEC, sequence No 02;
A rear direction indicator of category 2a approved in accordance with
Directive 76/759/EEC, sequence No 01;
A red rear position lamp (R) approved in accordance with Annex II to
Directive 76/758/EEC, sequence No 02;
A rear fog lamp (F) approved in accordance with Directive 77/538/EEC,
sequence No 00;
A reserving lamp (AR) approved in accordance with Directive 77/539/
EEC, sequence No 00;
A stop lamp with two levels of intensity (S2) approved in accordance
with Annex II to Directive 76/758/EEC, sequence No 02:
A rear registration plate lamp (L) approved in accordance with Directive
76/760/EEC, sequence No 00.1977L0538 — EN — 01.05.2004 — 007.001 — 14
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ANNEX II
TECHNICAL REQUIREMENTS
1. The technical requirements are those set out in paragraphs 1, 5 to 9 and
Annex 3 of UN-ECE Regulation No 38 which consists of a consolidation
of the following documents:
— the Regulation in its original form (00) (1);
— supplement 1 to Regulation No 38 (2);
— supplements 2 and 3 to Regulation No 38 including modifications (3);
— supplement 4 to Regulation No 38 (4);
— supplement 5 to Regulation No 38 (5),
except that:
1.1. Where reference is made to ‘Regulation No 48’, this shall be understood as
‘Directive 76/756/EEC’.
1.2. Where reference is made to ‘Regulation No 37’, this shall be understood as
‘Annex VII to Directive 76/761/EEC’.1977L0538 — EN — 01.05.2004 — 007.001 — 15
(1)E/ECE/324/C148/C147/C147/C147/C149/C147/C147/C147/C150Rev. 1/Add. 37.E/ECE/TRANS/505
(2)E/ECE/324/C148/C147/C147/C147/C149/C147/C147/C147/C150Rev. 1/Add. 37/Amend. 1.E/ECE/TRANS/505
(3)E/ECE/324/C148/C147/C147/C147/C149/C147/C147/C147/C150Rev. 1/Add. 37/Amend. 2.E/ECE/TRANS/505
(4)E/ECE/324/C148/C147/C147/C147/C149/C147/C147/C147/C150Rev. 1/Add. 37/Amend. 3.E/ECE/TRANS/505
(5) TRANS/WP.29/524