98/211/EC: Commission Decision of 3 March 1998 concerning a request for exemption submitted by France pursuant to Article 8(2)(c) of Council Directive 70/156/EEC on the approximation ot 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: France, commercial vehicle, derogation from EU law, motor vehicle, safety device, technical regulations

17. 3. 98

EN

Official Journal of the European Communities

L 79/27

COMMISSION DECISION

of 3 March 1998

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

(Only the French text is authentic)

(98/211/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 France on 7 March
1997, which reached the Commission on 17 March 1997,
contains
the information required by Article 8(2)(c);
whereas the request concerns the fitting of one type of
vehicle with restraint systems for the front occupants
designed to limit the force applied by the safety belt to
the occupants’ thorax in the event of a frontal impact;

Whereas the reasons given in the request, according to
which the restraint systems do not meet certain require-
ments of Council Directive 77/541/EEC of 28 June 1977
on the approximation of the laws of the Member States
relating to safety belts and restraint systems of motor
vehicles (3), as last amended by Commission Directive
96/36/EC (4), are well founded; whereas the descriptions
of the tests, the results thereof and their compliance with
the technical requirements of Directive 96/79/EC of the
European Parliament and of the Council of 16 December
1996 on the protection of occupants of motor vehicles in
the event of a frontal impact and amending Directive
70/156/EEC (5) ensure greater protection for occupants;

Whereas the Community Directives concerned will be
amended in order to permit the production and fitting of
such restraint systems and to ensure compatibility with

the technical requirements of Directives 77/541/EEC and
96/79/EC;

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 France for an exemption
concerning the production of and fitting to one type of
vehicle of a type of restraint system for front occupants of
vehicles designed to limit the force applied by the safety
belt to the occupants’ thorax in the event of a frontal
impact and meeting all
the biomechanical protection
criteria provided for by Directive 96/79/EC is hereby
approved.

Article 2

This Decision is addressed to the French Republic.

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 220, 29. 8. 1977, p. 95.
(4) OJ L 178, 17. 7. 1996, p. 15.
(5) OJ L 18, 21. 1. 1997, p. 7.