98/468/EC: Council Decision of 29 June 1998 concerning a request for exemption submitted by the Grand Duchy of Luxembourg pursuant to Article 8(2)(c) of 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: 1998-06-29
Institutions: Council of the European Union
Subjects: Luxembourg, approximation of laws, commercial vehicle, derogation from EU law, motor vehicle, natural gas

24. 7. 98

EN

Official Journal of the European Communities

L 208/51

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 June 1998

concerning a request for exemption submitted by the Grand Duchy of Luxem-
bourg pursuant to Article 8(2)(c) of 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

(98/468/EC)

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), and in particular Article
8(2)(c) and Article 13(3) thereof,

Whereas the request submitted by the Grand Duchy of
Luxembourg on 6 November 1997, which reached the
Commission on 10 November 1997, contained the infor-
mation required by Article 8(2)(c) of the said Directive;
fuelling with
whereas
compressed natural gas of a class M1 type of vehicle;

concerns

request

the

the

Whereas the reasons given in the said request are well
founded; whereas, according to them,
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

(1) OJ L 42, 23. 2. 1970, p. 1. Directive as last amended by
Commission Directive 98/14/EC (OJ L 91, 25. 3. 1998, p. 1).

Member States relating to measures to be taken against air
pollution by gases from spark-ignition engines of motor
vehicles (2) and Council 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 (3); 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;

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

Whereas the 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 on 5 February 1998 to the Committee on
Adaptation to Technical Progress set up by Article 12 of
the
Directive 70/156/EEC for
outcome of the vote was such that no opinion was deliv-
ered,

its opinion; whereas

(2) OJ L 76, 6. 4. 1970, p. 1. Directive as last amended by Euro-
pean Parliament and Council Directive 96/69/EC of 1 July
1996 (OJ L 282, 1. 11. 1996, p. 64).

(3) OJ L 375, 31. 12. 1980, p. 36. Directive as last amended by
Commission Directive 93/116/EC of 17 December 1993 (OJ
L 329, 30. 12. 1993, p. 39).

L 208/52

EN

Official Journal of the European Communities

24. 7. 98

HAS ADOPTED THIS DECISION:

Article 2

This Decision is addressed to the Grand Duchy of
Luxembourg.

Article 1

Done at Luxembourg, 29 June 1998.

The request submitted by Luxembourg for an exemption
concerning the production and placing on the market of
a class M1 type of vehicle powered by compressed natural
gas is hereby approved.

For the Council

The President

R. COOK