CELEX: 51982PC0621
Language: en
Date: 1982-10-06
Title: Proposal for a COUNCIL DIRECTIVE amending 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 (submitted to the Council by the Commission)

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COM (82) 621
Vol. 1982/0194
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(82 ) 621 final
                                          Brussels . 6 October 1982
                             Proposal for a
                           COUNCIL DIRECTIVE
      amending 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
               ( submitted to the Council by the Commission )
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
I. Légal situation
    In pursuance of Article 6 of Council Directive 76 / 756 / EEC   ( which has become
    Article 5 as a result of Directive 80/233 / EEC2 ), a certificate in the form
    of the document referred to in the last indent of Article 10(1 ) of
    Directive 70 / 156 / EEC concerning the installation of lighting and light-
    signalling devices is , since 1 October 1979, granted only in respect of
    vehicles fitted with a dipped-beam adjustment device that satisfies the
    requirements set out in item 4.2.6 . of Annex I.
                                                        4
    Article 2(3 ) of Commission Directive 82 / 244 / EEC , the latest Directive on
    adaptation to technical progress , provides that , with effect from
    1 October 1984 , Member States may prohibit the entry into service of vehicles
    in respect of which a certificate - in the form of the abovementioned
    document - concerning the installation of lighting and light-signalling
    devices has been issued after 1 October 1979, where such vehicles are not
    fitted with ? dipped-beam adjustment device that complies with the amended
    requirements laid down in item 4.2.6 of Annex I ( see items 4.2.6.1 , 4.2.6.2.2
    and 4.2.6.2.3 and Appendices 5 , 6 and 7 in the Annex to Directive 82 / 244 / EEC )
    The harmonization procedure adopted being , it will be recalled , the
    " optional " method , namely that Member States cannot refuse a vehicle which
    complies with Community requirements , but are allowed to retain their own
    national provisions , no Member State has yet made it mandatory to install
    dipped-beam adjustment devices .
II . Application of the Community provisions by the manufacturers
    The motor vehicle manufacturers , while appreciating the benefits that derive
    from the Community directives in general and from the Directive relating to
    the installation of lighting and light-signalling devices in particular ,
1  OJ  No L 262 , 27.9.1976, p. 1 .
2  OJ  No L 51 , 22.5.1980, p. 8.
3  OJ  No L 42 , 23.2.1970, p. 1 .
4  OJ  No L 109, 22.4.1982 , p. 31 .
 ---pagebreak---                                        - 2 -
    have elected not to invoke the Directive for the sole reason that ,
                       they would have had to comply with the requirement to
    install dipped-beam adjustment devices on their vehicles in order to
    obtain the abovementioned EEC type-approval certificate .     So far ,
    therefore , they have preferred to have recourse to the national provisions
    in force in each Member State , which do not - at least for the time
    being - include the obligation to comply with the said Community requirement .
    The manufacturers point to the technical difficulties and the increase in
    cost - especially in the case of small cars - that compliance with this
    requirement would involve .     According to whether the dipped-beam adjustment
    device is manually operated or automatic , the increase in the purchasing
    price would lie somewhere between BFR 2 400 and BFR 4 000 .
    The manufacturers point out that although these devices help to maintain
    satisfactory vision by correcting the dipped-beam adjustment according to
    vehicle loading , they serve no useful purpose where the initial adjustment
    is incorrect       - as , unfortunately, it very often is owing to poor maintenance
    ( the majority of cases of dazzle ) - and where there has been deterioration
    during service , which is all the more serious in complex systems .
III . Position adopted by the Commission and proposal for the amendment of
       Directive 76 / 756 / EEC
    In the light of the foregoing , the Commission , to which the problem was
    referred by the motoi–vehicle manufacturers in the Member States , has
    conducted appropriate discussions with the governmental experts from the
   Member States meeting within the Working Party on Motor Vehicles and has
    arrived at the following conclusions :
    a ) it accepts in principle that the grounds put forward by the manufacturers
        will remain valid for some time , although the recent amendments introduced
        by the latest Commission Directive are likely to obviate most of the
        disadvantages adduced ;
    b ) it notes that Directive 76 / 756/ EEC is not being applied for the sole
        reason that it contains the obligation to install these dipped-beam
        adjustment devices and has therefore not produced the expected results ;
 ---pagebreak---                               - 3 -
    c ) action should be taken to ensure that the other provisions of this
        Directive , whose importance is not in doubt , are effectively applied
        and thus provide the benefits frequently mentioned by the manufacturers ;
    d ) the date of entry into force of the requirement to install dipped-beam
        adjustment devices on new vehicles should therefore be postponed
                        to 1 October 1984 and , in order to al low .vehi c le designs
        to be modified , a further period of three years should be granted
        before a Member State may prohibit the entry into service of vehicles
        that are not equipped with such devices but in respect of which an EEC
        type-approval certificate was issued before the compulsory installation
        date which is the subject of this amending proposal ;
    e ) this opportunity should be taken to bring together in a single text ,
        for the sake of greater clarity , all the enacting terms of the Directives
        adopted by the Council and the Commission relating to the installation
        of lighting and light-signalling devices on motor vehicles and their
        trai lers .
                    t
IV . Consultation of the European Parliament and of the Economic and Social
      Committee
      In accordance with the second paragraph of Article 100 , the opinion of
      these two bodies is required .
 ---pagebreak---                                   Proposa L for a
      '* '                      COUNCIL DIRECTIVE
            amending 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
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 ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas 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
                             1       .   .                                   2
vehicles and their trailers , as last amended by Directive 80 / 1267 / EEC     and
by the Act of Accession of Greece , stipulates that the provisions necessary
for implementing the EEC type-approval procedure in respect of each of the
parts and characteristics of vehicles are to be adopted by means of specific
directives ; whereas the provisions relating to the installation of lighting
and light-signalling devices were adopted by means of Council Directives 76/ 756 / EEC3,
                                                    4                   5
as amended by Commission Directives 80 / 233 / EEC    and 82 / 244 / EEC ;
Whereas , since the method provided by Directive 70 / 156 / EEC for harmonizing laws
is " optional ",        manufacturers have chosen not to invoke the Community
provisions enacted by Directive 76 / 756 / EEC , on the grounds that the latter
require vehicles to be equipped with a dipped-beam adjustment device ( item
4.2.6 of Annex I , as amended by Directive 82 / 244 / EEC ), and have preferred to
have recourse to the relevant national provisions , which do not for the time
being include such a requirement ; whereas in order to justify their choice
the manufacturers cite the technical difficulties and the costs of implementing
the Community requirement in question , especially in the case of small cars ;
  OJ No L 42 , 23.2.1970, p. 1
2 OJ No L 375 , 31.12.1980, p. 34
3 OJ No L 262, 27.9.1976, p. 1
4 OJ No L 51 , 22.5.1980, p. 8
5 OJ No L 109, 22.4.1982 , p. 31
 ---pagebreak---                               - 2 -
Whereas , in order to enable the Community rules on lighting and light-signalling
devices to be effectively applied , the date of entry into force of the
requirements concerning the installation of dipped-beam adjustment devices on
new vehicles should be postponed to 1 October 1984 ; whereas it is also
necessary to provide that the entry into service of vehicles conforming to the
type approved before that date    shall not be prohibited until three years later ,
in order to give manufacturers time to adapt their models ;
Whereas , for the sake of greater clarity, it is now desirable     to bring together
in a single text all the enacting terms of Directive 76/ 756 / EEC and subsequent
amendments , including those made by the present Directive ,
HAS ADOPTED THIS DIRECTIVE :
                                 Article 1
Articles 1 to 5 of Directive 76 / 756 / EEC are hereby replaced by the following :
                               " Article 1
For the purposes of this Directive , 'vehicle' means any motor vehicle intended
for use on the road , with or without bodywork , having at least four wheels and
a maximum design speed exceeding 25 km / h , and its trailers , with the exception
of vehicles which run on rails , agricultural or forestry tractors and machinery,
and public-works vehicles .
                                 Article 2
1 . No Member State may :
    - refuse , in respect of a type of vehicle , to grant EEC type approval or
      national type approval , or
    - refuse or prohibit the sale , registration , entry into service or use of
      vehicles ,
 ---pagebreak---                                 - 3 -
on grounds relating to the installation on the vehicles of the lighting and
 light-signalling devices , whether mandatory or optional , listed in items
1.5.7 to 1.5.20 of Annex I if these devices are installed in accordance with
the requirements set out in Annex I.
2 . By way of derogation from paragraph 1 , the installation of the devices
referred to in item 4.2.6 of Annex I shall be required only with effect from
1 October 1984 .   Nevertheless , where such devices are installed before that
date , they must satisfy the requirements set out in that item .       Where EEC
type approval ( or the issue of the document referred to in the last indent of
Article 10(1 ) of Directive 70 / 156 / EEC ) or national type approval has been
granted before that date in respect of a vehicle type that does not comply
with the said requirements , Member States may prohibit the entry into service
of vehicles of that type with effect from 1 October 1987 .
                              Article 3
A Member State which has granted EEC type approval shall take the necessary
measures   to ensure that it is informed of any modification to any of the
parts or characteristics referred to in item 1.1 of Annex I.        The competent
authorities of that Member State shall determine whether further tests should
be carried out on the modified vehicle type and a fresh report drawn up .
Where such tests reveal failure to comply with the requirements of this
Directive , the modification shall not be approved .
                              Article 4
Any amendments necessary in order to adjust the requirements of the Annexes
to take account of technical progress shall be adopted in accordance with the
procedure laid down in Article 13 of Directive 70 / 156 / EEC .
                              Article 5
1 . Member States shall bring into force the provisions necessary in order
    to comply with this Directive not later than 1 October 1983 .      They shall
    forthwith inform the Commission thereof .
 ---pagebreak--- 2 . Once this Directive has been notified, Member States shall also ensure
    that the Commission is informed , in sufficient time to enable it to
    submit its comments , of any draft laws , regulations or administrative
    provisions which they intend to adopt in the field covered by this
    Di rective . "
                              Article 2
This Directive is addressed to the Member States .
Done at Brussels ,                                      For the Counci I
                                                         The President