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, 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), 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-signalling 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 compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of rear fog 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 rear fog 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 out by each of them on the basis of the common requirements,
1. Each Member State shall grant EEC component type-approval for any type of rear fog lamp which satisfies the construction and testing requirements laid down in Annexes 0, II and III.
2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.
Member States shall for each type of rear fog lamp which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex II.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion (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.   between rear fog lamps which have been type-approved pursuant to Article 1, and other devices.
1. No Member State may prohibit the placing on the market of rear fog lamps on grounds relating to their construction or method of functioning 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.
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex I, completed for each type of rear fog lamp which they approve or refuse to approve.
1. If the Member State which has granted EEC component type-approval finds that a number of rear fog lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that 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. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
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.
Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw EEC component type-approval for a rear fog lamp or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time 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 exercise of such remedies.
No Member State may refuse to grant EEC type-approval or national type-approval 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.
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.
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.
0
Any amendments necessary 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.
1
1. Member States shall bring into force the provisions needed 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.
2
This Directive is addressed to the Member States.