98/208/EC: Commission Decision of 3 March 1998 concerning a request for exemption submitted by Luxembourg 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 French text is authentic)
Date: 1998-03-03
Institutions: European Commission
Subjects: Luxembourg, commercial vehicle, derogation from EU law, motor vehicle, signalling device, technical regulations

L 79/24

EN

Official Journal of the European Communities

17. 3. 98

COMMISSION DECISION

of 3 March 1998

concerning a request for exemption submitted by Luxembourg 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 French text is authentic)

(98/208/EC)

Europe) Regulation No 98; whereas it is therefore justified
to allow the two items covered by the request for exemp-
tion, i. e. the type of gas discharge lamp and the four
types of headlamps fitted whith this type of lamp, to
benefit from the granting of EC type-approval;

Whereas the Community Directives concerned will be
amended in order
to enable gas discharge lamps
embodying this new technology and headlamps fitted
with such 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 Luxembourg for an exemption
concerning one type of gas discharge lamp for four types
of headlamps is hereby approved.

Article 2

This Decision is addressed to the Grand Duchy of
Luxembourg.

Done at Brussels, 3 March 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

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 Luxembourg on 6
November 1997, which was received by the Commission
on 10 November 1997, was accompanied by a report
containing the information required by Article 8(2)(c);
whereas the request concerns one type of gas discharge
lamp for four types of headlamps;

Whereas the information provided by Luxembourg 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 approx-
imation of the laws of the Member States relating to
motor-vehicle headlamps which function as main-beam
and/or dippedbeam headlamps and to incandescent elec-
last
such headlamps (3), as
tric filament
amended by Commission Directive 89/517/EEC (4);

lamps

for

Whereas these new types of gas discharge lamps and
these new types of headlamps meet the requirements of
UNECE (United Nations Economic Commission for

(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.