30. 8. 80 ~ Official Journal of the European Communities No L 229/49 COUNCIL DIRECTIVE of 22 July 1980 on the approximation of the laws of the Member States relating to rear-view mirrors for two-wheeled motor vehicles with or without a side-car and to their fitting on such vehicles (80/780/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 (2), - Whereas the technical requirements which two-wheeled vehicles must satisfy pursuant to national laws relate inter alia to their rear-view mirrors; Whereas these requirements, whether already in force or merely in draft, differ from one Member State to another; whereas to eliminate the barriers to trade arising therefrom, all Member States should adopt the same requirements either in addition to or in place of their existing requirements; Whereas the number and use of two-wheeled vehicles is increasing; whereas it is therefore necessary for these vehicles to be fitted with one or two rear-view mirrors designed to give a view to the rear and to the sides of the vehicle; Whereas a harmonized type-approval procedure for such rear-view mirrors 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 them copies of the EEC component type-approval certificate completed for each type of rear-view mirror; whereas the placing of an EEC type-approval mark on all mirrors manufactured in conformity with the approved type obviates any need for technical checks on these mirrors in the other Member States, (1) OJ No C 197, 4. 8. 1980, p. 66. (2) OJ No C 182, 21. 7. 1980, p. 2. HAS ADOPTED THIS DIRECTIVE: Article 1 1. Each Member State shall grant EEC component type-approval for any type of rear-view mirror intended to be fitted on the vehicles referred to in Article 7, which satisfies the construction and testing requirements laid down in Annex 1. 2. A Member State which has granted EEC, component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation 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. Article 2 Member States shall, for each type of rear-view mirror 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 the Appendix to Annex L Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between rear-view mirrors which have been component type-approved pursuant to Article 1 and other mirrors. Article 3 1. No Member State may prohibit the placing on the market of rear-view mirrors on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark. 2. Nevertheless, this provision shall not prevent a Member State from taking such measures in respect of rear-view mirrors 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.The provisions of Article § shall also apply.