Council Directive of 27 July 1976 on the approximation of the laws of the Member States relating to the rear registration plate lamps for motor vehicles and their trailers (76/760/EEC) (repealed)

Council Directive

of 27 July 1976

on the approximation of the laws of the Member States relating to the rear registration plate lamps for motor vehicles and their trailers

(76/760/EEC) (repealed)

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 registration plate lamps;

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 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/CEE(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 type-approval procedure for rear registration plate 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 registration plate lamp; whereas the placing of an EEC component type-approval mark on all rear registration plate lamps manufactured in conformity with the approved type obviates any need for technical checks on these rear registration plate lamps in the other Member States;

Whereas it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 4 (‘Uniform provisions for the approval of devices for the illumination of rear registration plates of motor vehicles (except motor cycles) and their trailers’)(5), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts;

Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis on the common requirements,

HAS ADOPTED THIS DIRECTIVE:

Article 1 U.K.

[F1 1. Member States shall grant EEC component type-approval for any type of rear registration plate 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 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.

Textual Amendments

F1 Substituted by Commission Directive 97/31/EC of 11 June 1997 adapting to technical progress Council Directive 76/760/EEC relating to the rear registration plate lamps for motor vehicles and their trailers (Text with EEA relevance).

Article 2 U.K.

[F1 Member States shall for each type of rear registration plate lamp which they approve pursuant to Article 1, issue to the manufacturer an EEC component type-approval mark conforming to the model shown in Annex 1, Appendix 3.]

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between rear registration plate lamps which have been type-approved pursuant to Article 1, and other devices.

Textual Amendments

F1 Substituted by Commission Directive 97/31/EC of 11 June 1997 adapting to technical progress Council Directive 76/760/EEC relating to the rear registration plate lamps for motor vehicles and their trailers (Text with EEA relevance).

Article 3 U.K.

1. No Member State may prohibit the placing on the market of rear registration plate 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 registration plate lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type.

That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

[F1 Article 4 U.K.

The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4 (6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive.]

Textual Amendments

F1 Substituted by Commission Directive 97/31/EC of 11 June 1997 adapting to technical progress Council Directive 76/760/EEC relating to the rear registration plate lamps for motor vehicles and their trailers (Text with EEA relevance).

Article 5 U.K.

1. If the Member State which has granted EEC component type-approval finds that a number of rear registration plate 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 authorties of another Member State of such failure to conform.

2. The competent authorities of Member States shall within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.

Article 6 U.K.

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC type-approval for a rear registration plate lamp or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decisions 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.

Article 7 U.K.

No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its rear registration plate 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 8 U.K.

No Member State may refuse or prohibit the sale or registration, entry into service or use of a vehicle on grounds relating to its rear registration plate 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.

[F1 Article 9 U.K.

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 and of agricultural and forestry tractors and all mobile machinery.]

Textual Amendments

F1 Substituted by Commission Directive 97/31/EC of 11 June 1997 adapting to technical progress Council Directive 76/760/EEC relating to the rear registration plate lamps for motor vehicles and their trailers (Text with EEA relevance).

Article 10 U.K.

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.

Article 11 U.K.

1. Member States shall adopt and publish the provisions necessary in order to comply with this Directive before 1 July 1977 and shall forthwith inform the Commission thereof. They shall apply these provisions with effect from 1 October 1977 at the latest.

2. Once this Directive has been notified, the Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.

Article 12 U.K.

This Directive is addressed to the Member States.

[F1 ANNEX I U.K. ADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL

1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL U.K.

1.1. The application for EC component type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a type of rear registration plate lamp shall be submitted by the manufacturer. U.K.

1.2. A model for the information document is given in Appendix 1. U.K.

1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests: U.K.

1.3.1. two samples, equipped with the lamp or lamps recommended. U.K.

2. MARKINGS U.K.

2.1. The devices submitted for EC component type-approval must bear: U.K.

2.1.1. the trade name or mark of the manufacturer; U.K.

2.1.2. in the case of lamps with replaceable light sources: the type(s) of filament lamp prescribed; U.K.

2.1.3. in the case of lamps with non-replaceable light sources: the nominal voltage and wattage. U.K.

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. U.K.

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. U.K.

3. GRANTING OF EC COMPONENT TYPE-APPROVAL U.K.

3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, 4 (4) of Directive 70/156/EEC shall be granted. U.K.

3.2. A model for the EC type-approval certificate is given in Appendix 2. U.K.

3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of rear registration plate lamp approved. The same Member State shall not assign the same number to another type of rear registration plate lamp. U.K.

3.4. Where EC component type approval is requested for a type of lighting and light-signalling device comprising a rear registration plate lamp and other lamps, a single EC component type-approval number may be assigned provided that the rear registration plate 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. U.K.

4. EC COMPONENT TYPE-APPROVAL MARK U.K.

4.1. In addition to the markings referred to in item 2.1, every rear registration plate lamp conforming to the type approved pursuant to this Directive shall bear an EC component type-approval mark. U.K.

4.2. This mark shall consist of: U.K.

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: U.K.

1

for Germany

2

for France

3

for Italy

4

for the Netherlands

5

for Sweden

6

for Belgium

[F2 7

for Hungary

8

for the Czech Republic]

9

for Spain

11

for the United Kingdom

12

for Austria

13

for Luxembourg

17

for Finland

18

for Denmark

[F3 19

for Romania]

[F2 20

for Poland]

21

for Portugal

23

for Greece

[F2 26

for Slovenia

27

for Slovakia

29

for Estonia

32

for Latvia

[F3 34

for Bulgaria]

36

for Lithuania

CY

for Cyprus]

IRL

for Ireland [F4 ;]

[F2 MT

for Malta;]

Textual Amendments

F2 Inserted by 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 European Union is founded.

F3 Inserted by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.

F4 Deleted by 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 European Union is founded.

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 of Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 76/760/EEC on the date EEC type approval was granted. In this Directive the sequence number is 00; U.K.

4.2.3. an additional symbol as follows: the letter ‘ L ’ . U.K.

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. U.K.

4.4. Examples of the EC component type-approval mark are given in Appendix 3, Figure 1. U.K.

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 registration plate lamp and other lamps, a single EC component type-approval mark may be affixed, consisting of: U.K.

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); U.K.

4.5.2. the base approval number (see item 4.2.2, first half-sentence); U.K.

4.5.3. if necessary, the required arrow, in so far as it relates to the lamp assembly as a whole. U.K.

4.6. This mark may be located anywhere on the lamps which are grouped, combined or reciprocally incorporated, provided that: U.K.

4.6.1. it is visible after the installation of the lamps; U.K.

4.6.2. no light-transmitting components of the grouped, combined or reciprocally incorporated lamps can be removed without simultaneously removing the approval mark. U.K.

4.7. The identification symbol for each lamp corresponding to each Directive pursuant to which EC component type approval was granted, together with the sequence number (see item 4.2.2, second half-sentence) and, where necessary, the letter ‘ D ’ and the required arrow shall be marked: U.K.

4.7.1. either on the appropriate light-emitting surface; U.K.

4.7.2. or in a group, in such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified. U.K.

4.8. The dimensions of the components of this mark must not be less than the minimum dimensions specified for individual marks by the various Directives pursuant to which EC component type approval was granted. U.K.

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 Appendix 3, Figure 2. U.K.

5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS U.K.

5.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply. U.K.

6. CONFORMITY OF PRODUCTION U.K.

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. U.K.

6.2. The luminance B of any device picked at random from a mass produced batch shall not be lower than 2 cd/m ² and, in the formula for the gradient, the factor 2 may be replaced by 3 (see paragraph 9 of the documents referred to in item 2.1 of Annex II to this Directive). U.K.

Appendix 1

Appendix 2

Appendix 3

EXAMPLES OF THE EC COMPONENT TYPE-APPROVAL MARK U.K.

The device bearing the EC component type-approval mark shown above is a rear registration plate lamp, type approved in Germany (e1) pursuant to this Directive (00) under the base approval number 1471.

Note: U.K.

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. This approval mark shows that the device was approved in Germany (e1) under the base approval number 1712 and comprises: U.K.

• a retro reflector of class IA approved in accordance with Council Directive 76/757/EEC ( OJ No L 262, 27. 9. 1976, p. 32 ), sequence No 02,

• a rear direction indicator of category 2a approved in accordance with Council Directive 76/759/EEC ( OJ No L 262, 27. 9. 1976, p. 71 ), sequence No 01,

• a red rear position lamp (R) approved in accordance with Annex II to Council Directive 76/758/EEC ( OJ No L 262, 27. 9. 1976, p. 54 ), sequence No 02,

• a rear fog lamp (F) approved in accordance with Council Directive 77/538/EEC ( OJ No L 220, 29. 8. 1977, p. 60 ), sequence No 00,

• a reversing lamp (AR) approved in accordance with Council Directive 77/539/EEC ( OJ No L 220, 29. 8. 1977, p. 72 ), 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 lampe (L) approved in accordance with Directive 76/760/EEC, sequence No 00.]

[F1 ANNEX II U.K. SCOPE AND TECHNICAL REQUIREMENTS

1. SCOPE U.K.

This Directive applies to rear registration plate lamps for motor vehicles and their trailers.

2. TECHNICAL REQUIREMENTS U.K.

2.1. The technical requirements are those set out in paragraphs 1 and 5 to 9 and Annexes 3 to 5 of UN-ECE Regulation No 4 which consists of a consolidation of the following documents: U.K.

• the Regulation in its original form (00) (6) ,

• the Supplement 1 to Regulation No 4 (7) ,

• the Supplement 2 to Regulation No 4 (8) ,

• the Supplements 3 and 4 to Regulation No 4 (9) ,

• the Supplement 5 to Regulation No 4 (10) ,

except that:

2.1.1. Where reference is made to ‘ Regulation No 48 ’ , this shall be understood as ‘ Directive 76/756/EEC ’ . U.K.

2.1.2. Where reference is made to ‘ Regulation No 37 ’ , this shall be understood as ‘ Annex VII to Directive 76/761/EEC ’ :] U.K.

(1)

OJ No C 76, 7. 4. 1975, p. 37.

(2)

OJ No C 248, 29. 10. 1975, p. 23.

(3)

OJ No L 42, 23. 2. 1970, p. 1.

(4)

See page 1 of this Official Journal.

(5)

Economic Commission for Europe, Document E/ECE/324, Addendum 3, Amendment 1 of 29 October 1975.

(6)

E/ECE/324	Add. 3.
E/ECE/TRANS/505

(7)

E/ECE/324	Add. 3/Amend. 1 and …/Amend. 1/Corr. 1.
E/ECE/TRANS/505

(8)

E/ECE/324	Add. 3/Amend. 2.
E/ECE/TRANS/505

(9)

E/ECE/324	Add. 3/Amend. 3.
E/ECE/TRANS/505

(10)

TRANS/WP.29/447.]

Textual Amendments

F1 Substituted by Commission Directive 97/31/EC of 11 June 1997 adapting to technical progress Council Directive 76/760/EEC relating to the rear registration plate lamps for motor vehicles and their trailers (Text with EEA relevance).