Proposal for a Council Decision 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
Date: 1998-04-23
Institutions: European Commission
Subjects: Community certification, Luxembourg, derogation from EU law, motor vehicle, natural gas

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.04.1998 
COM(1998) 234 final 

PROPOSAL FOR A COUNCIL DECISION 
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 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

This  proposal  for  a  Decision  is  being  submitted  as  a  result  of  the  outcome  of  the  vote,  on 
5 February  1998,  in  the  Committee  set  up  by  Article  13(1)  of  Council  Directive 70/156/EEC 
relating to the type-approval  of motor vehicles and their trailers, on a draft  Commission  Decision 
concerning  a  request  submitted  by  Luxembourg  pursuant  to  Article 8(2)(c)  of  that  Council 
Directive.  The  request  for  exemption  concerns  the  fuelling  with  compressed  natural  gas  of  a 
class Ml  type of vehicle. 

Although  the  reasons  given  in  the  request  were  regarded  by  the  Commission  as  being  well 
founded,  especially as they were similar to those given by a Member State which  had resulted  in 
an exemption  being granted  for  a similar  fuelling  system  for  another  class  Ml  type vehicle (OJ 
L 199 of 26.07.1997, p. 53), the outcome of the vote in the Committee was such that no opinion 
was delivered  (49 votes  in favour,  16 against,  19 abstentions, Ireland  being absent and Germain 
being represented by France). 

Consequently,  the  Commission  is  submitting  this  proposal  for  a  Decision  to  the  Council, 
accordance with Article  13(3) of Directive 70/156/EEC. 

in 

PROPOSAL FOR A COUNCIL DECISION 
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) 

THE COUNCIL OF THE EUROPEAN  UNION, 

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) and Article  13(3) thereof; 

Whereas  the  request  submitted  by  Luxembourg  on  6 November  1997,  which  reached  the 
Commission  on  10 November  1997,  contained  the  information  required  by  Article 8(2)(e): 
whereas  the  request  concerns  the  fuelling  with  compressed  natural  gas  of  a  class  Ml  type  of 
vehicle; 

by  Commission  Directive 96/44/EC 

Whereas the reasons given  in the request, according to which  such  fuelling  systems do not meet 
the  requirements  of  the  Directives  concerned,  in  particular  Council  Directive  70/220/EEC  of 
20 March  1970 on  the  approximation  of the  laws of the  Member  States  relating  to  measures  to 
be taken  against  air  pollution  by  gases  from  spark-ignition  engines  of  motor  vehicles,3  as  last 
Council 
amended 
Directive 80/1268/EEC of  16 December  1980 on  the approximation  of the  laws of the  Member 
States  relating  to  the  fuel  consumption  of  motor  vehicles,5  as  last  amended  by  Commission 
Directive 93/116/EC  of  17 December  19936  are  well  founded;  whereas,  however,  the  tests 
performed  in accordance  with  the abovementioned  Directives  were conducted  using  both  petrol 
and natural gas as fuel;  whereas the relevant  limit values were respected  with both types of  fuel, 
while  recorded  emissions  of  pollutants  were  lower  with  natural  gas;  whereas  equivalent 
environmental  protection  is thus ensured; 

1  July  1996.4 

and 

of 

1  O J L 4 2, 23.2.1970, p.  I. 
2  OJL  233, 25.8.1997, p.  I. 
3  OJL  76, 6.4.1970, p.  I. 
4  OJL  210, 20.8.1996, p. 25. 
5  OJL  375, 31.12.1980, p. 36. 
6  OJL  329, 30.12.1993, p. 39. 

-3 

Whereas,  in order to assure  themselves  of the safety  of vehicles  in service,  Member  States may 
periodically carry out leaktightness tests at a pressure of at least the service pressure; 

Whereas  the  Community  Directives  concerned  will  be  amended  in  order  to  permit  the 
production  of vehicles powered  by compressed  natural gas; 

Whereas  the  measure  provided  for  by  this  Decision  was  submitted  to  the  Committee  on 
Adaptation 
its  opinion  on 
5 February  1998, and the outcome of the vote was such that no opinion was delivered, 

to  Technical  Progress  set  up  by  Directive 70/156/EEC  for 

IAS ADOPTED  IIIIS DECISION: 

Article I 

The request submitted  by  Luxembourg for an exemption  concerning the production  and  placing 
on  the  market  of  a  class  MI  type  of  vehicle  powered  by  compressed  natural  gas  is  hereby 
approved. 

Article 2 

This Decision  is addressed to the Grand  Duchy of Luxembourg. 

Done at Brussels, 

For the Council 

4-

ISSN 0254-1475 

COM(98) 234 final 

DOCUMENTS 

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07  06  15  10 

Catalogue number  :  CB-CO-98-252-EN-C 

ISBN 92-78-35141-5 

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