Council Directive of 27 July 1976 on the approximation of the laws of the Member States relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to light sources (filament lamps and others) for use in approved lamp units of motor vehicles and of their trailers (76/761/EEC) (repealed)

Article 1 U.K.

[F1 1. Each Member State shall grant EC component type-approval for any type of headlamp which functions as a main-beam and/or dipped-beam headlamp and for any type of light source (filament lamp(s) and other(s)) for use in approved lamp units which satisfy 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 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

[F1 Article 2 U.K.

Member States shall, for each type of headlamp which functions as a main-beam and/or dipped-beam headlamp or for each type of light source (filament lamp(s) and other(s)) for use in approved lamp units which they approve pursuant to Article 1, issue to the manufacturer an EC component type-approval mark conforming to the model shown in Annex I, Appendix 5.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between headlamps which function as main-beam and/or dipped-beam headlamps and light source(s) (filament lamp(s) and other(s)) for use in approved lamp units which have been type-approved pursuant to Article 1, and other devices.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

Article 3 U.K.

1. No Member State may prohibit the placing on the market of headlamps which function as main-beam and/or dipped-beam headlamps and light source(s) (filament lamp(s) and other(s)) for use in approved lamp units on grounds relating to their construction or method of functioning, if they bear the EC component type-approval mark.

2. A Member State may prohibit the placing on the market of headlamps which function as main-beam and/or dipped-beam headlamps and light source(s) (filament lamp(s) and other(s)) for use in approved lamp units bearing the EC 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.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

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 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

Article 5 U.K.

1. [F1 If the Member State which has granted EC component type-approval finds that a number of headlamps which function as main-beam and/or dipped-beam headlamps or light source(s) (filament lamp(s) and other(s)) for use in approved lamp units bearing the same EC 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 within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

Article 6 U.K.

[F1 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for a main-beam or a dipped-beam headlamp or for a light source(s) (filament lamp(s) and other(s)) for use in approved lamp units or prohibit their 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.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

[F1 Article 7 U.K.

No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating to its headlamps which function as main-beam and/or dipped-beam headlamps or to the light source(s) (filament lamp(s) and other(s)) for use in approved lamp units if these bear the EC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

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 headlamps which function as main-beam and/or dipped-beam headlamps or to the light source(s) (filament lamp(s) and other(s)) for use in approved lamp units if these bear the EC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.

Textual Amendments

F1 Substituted by Commission Directive 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (Text with EEA relevance).

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, 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 1999/17/EC of 18 March 1999 adapting to technical progress Council Directive 76/761/EEC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps (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 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.