98/209/EC: Commission Decision of 3 March 1998 concerning a request for exemption submitted by Germany pursuant to Article 8(2)(c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the German text is authentic)
Date: 1998-03-03
Institutions: European Commission
Subjects: Luxembourg, commercial vehicle, derogation from EU law, motor vehicle, signalling device, technical regulations

17. 3. 98

EN

Official Journal of the European Communities

L 79/25

COMMISSION DECISION

of 3 March 1998

concerning a request for exemption submitted by Germany pursuant to Article
8(2)(c) of Council Directive 70/156/EEC on the approximation of the laws of the
Member States relating to the type-approval of motor vehicles and their trailers

(Only the German text is authentic)

(98/209/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
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 European
Parliament and Council Directive 97/27/EC (2), and in
particular Article 8(2)(c) thereof,

Whereas the request submitted by Germany on 28 August
1997, which was received by the Commission on 9
October 1997, was accompanied by a report containing
the information required by Article 8(2)(c); whereas the
request concerns two types of gas discharge lamps for two
types of headlamp for one type of motor vehicle;

Whereas the information provided by Germany shows
that the technology and principle embodied in these new
types of gas discharge lamps and headlamps do not meet
the requirements of Community regulations; whereas,
however, the descriptions of the tests, the results thereof
and the action taken in order to ensure road safety are
satisfactory and ensure a level of safety equivalent to that
of the lamps and headlamps covered by the requirements
of the Directives in force and, in particular, of Council
Directive 76/761/EEC of 27 July 1976 on the approxima-
tion of the laws of the Member States relating to motor-
vehicle headlamps which function as main-beam and/or
dippedbeam headlamps and to incandescent electric fila-
ment lamps for such headlamps (3), as last amended by
Commission Directive 89/517/EEC (4);

Whereas these new types of gas discharge lamp and these
new types of headlamp meet the requirements of UNECE
(United Nations Economic Commission for Europe)
Regulation Nos 8, 98 and 99; whereas it is therefore
justified to allow the three items covered by the request
for exemption, i. e. the types of gas discharge lamps and
the types of headlamps fitted with these types of lamps,
and the type of motor vehicle,
from the
granting of EC type-approval on condition that the type

to benefit

of vehicle concerned is equipped with an automatic head-
lamp levelling system, a headlamp cleaning device and a
system guaranteeing that dipped-beam headlamps are lit
even if the main-beam headlamps are lit;

Whereas the Community Directives concerned will be
to enable gas discharge lamps
amended in order
embodying this new technology, headlamps fitted with
such lamps and motor vehicles equipped with such head-
lamps to be placed on the market;

Whereas the measure provided for by this Decision is in
accordance with the opinion of the Committee on Adap-
tation to Technical Progress set up by Directive 70/
156/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The request submitted by Germany for an exemption
concerning two types of gas discharge lamps for two types
of headlamps for one type of motor vehicle is hereby
approved on condition that the type of vehicle concerned
is equipped with an automatic headlamp levelling system,
a headlamp cleaning device and a system guaranteeing
that dipped-beam headlamps are lit even if the main-
beam headlamps are lit.

Article 2

This Decision is addressed to the Federal Republic of
Germany.

Done at Brussels, 3 March 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 42, 23. 2. 1970, p. 1.
(2) OJ L 233, 25. 8. 1997, p. 1.
(3) OJ L 262, 27. 9. 1976, p. 96.
(4) OJ L 265, 12. 9. 1989, p. 15.