Council Directive
of 27 July 1970
on the approximation of the laws of the Member States relating to audible warning devices for motor vehicles
(70/388/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;
Having regard to the Opinion of the Economic and Social Committee;
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to their audible warning devices;
Whereas those 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 the Council Directive [1] 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 to be applied in respect of each type of vehicle;
Whereas rules on audible warning devices should include requirements relating not only to the fitting of such devices on vehicles but also to the construction of such devices;
Whereas a harmonised type approval procedure for audible warning devices makes it possible for each Member State to check compliance with the common requirements relating to construction and testing and to inform the other Member States of its findings by sending a copy of the type approval certificate completed for each type of audible warning device; whereas the placing of an EEC type approval mark on all devices manufactured in conformity with the approved type obviates any need for technical checks on these devices in the other Member States;
1. Each Member State shall approve any type of audible warning device which satisfies the construction and testing requirements laid down in item 1 of Annex I.
2. The Member State which has granted type approval shall take the necessary measures to verify, in so far as is necessary and if need be in co-operation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.
Member States shall issue to the manufacturer, or to his authorised representative, an EEC type approval mark which shall conform to the model shown in item 1.4 of Annex I, for each type of audible warning device which they approve pursuant to Article 1.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between audible warning devices which have been type approved pursuant to Article 1 and other devices.
1. No Member State may prohibit audible warning devices from being marketed on grounds relating to their construction or method of operation if those devices bear the EEC approval mark.
2. Nevertheless, this provision shall not prevent a Member State from taking such measures in respect of audible warning devices bearing the EEC approval mark which, by their design, do not conform to the approved prototype.
That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision. The provisions of Article 5 shall also apply.
There shall be failure to conform to the approved prototype, within the meaning of the first subparagraph, where the upper or lower limit specified in item 1.2.1.6 of Annex I is not observed.
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 type approval certificate for each type of audible warning device which they approve or refuse to approve.
1. If the Member State which has granted EEC approval finds that a number of audible warning devices bearing the same 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 necessary, extend to withdrawal of EEC 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 the Member States shall within one month inform each other of any withdrawal of EEC type approval, and of the reasons for such measures.
3. If the Member State which has granted EEC type approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
All decisions taken pursuant to the rules adopted in implementation of this Directive and refusing or withdrawing approval for an audible warning device or prohibiting its marketing or use shall state in detail the reasons on which they are based. A 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 a vehicle on grounds relating to its audible warning device if that device bears the EEC approval mark and if it is fitted in accordance with the requirements laid down in item 2 of Annex I.
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, with the exception of vehicles which run on rails, agricultural tractors and machinery, and public works vehicles.
The amendments necessary for adjusting the requirements of Annexes I and II so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive 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.
0
1. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen 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.
1
This Directive is addressed to the Member States.