98/210/EC: Commission Decision of 3 March 1998 concerning a request for exemption submitted by Italy 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 Italian text is authentic)
Date: 1998-03-03
Institutions: European Commission
Subjects: Italy, commercial vehicle, derogation from EU law, motor vehicle, signalling device, technical regulations

L 79/26

EN

Official Journal of the European Communities

17. 3. 98

COMMISSION DECISION

of 3 March 1998

concerning a request for exemption submitted by Italy 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 Italian text is authentic)

(98/210/EC)

granting of EC type-approval on condition that the type
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
amended in order
to enable gas discharge lamps
embodying this new technology and headlamps fitted
with such lamps and motor vehicles equipped with such
headlamps 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
an exemption
submitted by Italy for
concerning two types of gas discharge lamp for two types
of headlamp for one type of motor vehicle is hereby
approved on condition that the vehicle type 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 Italian Republic.

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 Italy on 14 July 1997,
which was received by the Commission on 15 July 1997,
was accompanied by a report containing the information
required by Article 8(2)(c); whereas the request concerns
two types of gas discharge lamp for two types of head-
lamp for one type of motor vehicle;

of Community

Whereas the information provided by Italy shows that the
technology and principle embodied in these new types of
gas discharge lamps and headlamps do not meet the
regulations; whereas,
requirements
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 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 lamp and
the types of headlamps fitted with these types of lamp
from the
and the type of motor vehicle,

to benefit

(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.