COMMISSION DIRECTIVE 94/78/EC of 21 December 1994 adapting to technical progress Council Directive 78/549/EEC, as regards the wheel guards of motor vehicles
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European 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 Commission Directive 93/81/EEC (2), and in  particular Article 13 (2) thereof,
Having regard to Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles (3), and in particular Article 4 thereof,
Whereas Directive 78/549/EEC is one of the separate directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems,  components and separate technical units apply to this Directive;
Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval  certificate based on Annex VI thereto in order that type-approval may be computerized;
Whereas the number of four-wheel-drive passenger cars is increasing, whether the four-wheel-drive is engaged permanently, automatically or under the control of the driver; whereas it is necessary, in the case of such passenger cars, and in the light of  technical progress, to review certain design and operating parameters and to amend certain provisions of Directive 78/549/EEC in a manner which reflects the current and future market situation and which is consistent with proper design, construction and  safe operating practice;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress established by Directive 70/156/EEC,
Directive 78/549/EEC is amended as follows:
1. In Article 1, the words '(as defined in Annex I to Directive 70/156/EEC)' are replaced by the words '(as defined in Annex II A to Directive 70/156/EEC)'.
2. Annexes I and II are amended in accordance with points 1, 2 and 3 of the Annex hereto.
3. Annex III set out in point 4 of the Annex hereto is added.
1. With effect from 1 July 1995 Member States may not, on grounds relating to wheel guards:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval or to grant national type-approval, or
- prohibit the registration, sale or entry into service of vehicles
if the wheel guards comply with the requirements of Directive 78/549/EEC, as amended by this Directive.
2. With effect from 1 January 1996 the Member States:
- shall no longer grant EEC type-approval, and
- may refuse to grant national type-approval
for a type of vehicle on grounds relating to the wheel guards if the requirements of Directive 78/549/EEC, as amended by this Directive, are not fulfilled.
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1995. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.