Official Journal of the European Communities 26.5.79 No L 128/22 COMMISSION DIRECTIVE of 18 April 1979 adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to the liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (79/490/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to 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 (1), as last amended by Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof, Having regard to Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to the liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (3), Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions; Whereas devices for rear underrun protection are already marketed both separately and after being fitted to a vehicle; whereas if it is possible to check them before they are fitted to a vehicle, their free movement may be facilitated by the introduction of EEC type-approval for such devices considered as separate technical units within the meaning of Article 9a of Directive 70/156/EEC; Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector, (1) O] No L 42, 23.2.1970, p. 1. (2) O] No L 168, 26. 6. 1978, p. 39. (3) O] No L 76, 6.4.1970, p. 23 and OJ No L 65, 15.3. 1979, p. 42. HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 70/221/EEC is amended as follows: 1. Articles 2 and 2a are replaced by the following: ‘Article 2 1. No Member State may, on grounds relating to its liquid fuel tanks, refuse to grant EEC type-approval or national type-approval for a vehicle if such vehicle satisfies the requirements set out in the Annex concerning liquid fuel tanks. 2. No Member State may, on grounds relating to rear underrun protection, refuse to grant EEC type-approval or national type-approval for a vehicle if such vehicle satisfies the requirements set out in the Annex concerning rear underrun protection or if such vehicle is fitted with a rear underrun protective device which has been granted type-approval as a technical unit within the meaning of Article 9a of Directive 70/156/EEC and installed in accordance with the requirements of item IL.5 of the Annex. 3. No Member State may refuse to grant EEC type-approval or national type-approval for a rear underrun protective device if such device, con- sidered as a technical unit within the meaning of Article 9a of Directive 70/156/EEC, satisfies the relevant requirements set out in the Annex. Article 2a 1. No Member State may, on grounds relating to its liquid fuel tanks, refuse or prohibit the sale, registration, entry into service or use of a vehicle if such a vehicle satisfies the requirements set out in the Annex concerning liquid fuel tanks.