99/557/EC: Commission Decision of 22 July 1999 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 (notified under document number C(1999) 2292)
Date: 1999-07-22
Institutions: European Commission
Subjects: Italy, derogation from EU law, marketing, motor vehicle, natural gas, production

L 211/52

EN

Official Journal of the European Communities

11. 8. 1999

COMMISSION DECISION

of 22 July 1999

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

(notified under document number C(1999) 2292)

(1999/557/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 98/91/EC (2), and in particular Article 8(2)(c)
thereof.

(1) Whereas the request submitted by Italy on 5 March
1999, which reached the Commission on 16 March
1999, contained the information required by Article
8(2)(c); whereas the request concerns the fuelling with
compressed natural gas of two types of class-M1 vehicle;

(2) Whereas the reasons given in the request, according to
which such vehicle types meet
the requirements of
Annex IV to Directive 70/156/EEC, apart from those
relating to fuelling with compressed natural gas are well
founded; whereas the fuelling by compressed natural gas
of the vehicles covered by this Decision does, however,
guarantee a level equivalent to that provided by petrol
fuelling; whereas the tests carried out in accordance with
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
amended by Commission Directive 98/77/EC (4), 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 (5), as
last amended by Commission Directive 93/116/EC (6),
were conducted using, in the one instance, natural gas
only as fuel and in the other both petrol and natural gas
limit values were not
as fuel; whereas the relevant
exceeded in either fuelling mode, while the recorded

emissions of pollutions were lower with natural gas;
whereas equivalent environmental protection is thus
ensured;

(3) 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;

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

(5) Whereas the measure provided for by this Decision is in
accordance with the opinion of
the Committee on
Adaptation to Technical Progress set up by Directive
70/156/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The request submitted by Italy for an exemption concerning
the production and placing on the market of two class-M1
types of vehicle powered by compressed natural gas is hereby
approved.

This Decision is addressed to the Italian Republic.

Article 2

Done at Brussels, 22 July 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 42, 23.2.1970, p. 1.
(2) OJ L 11, 16.1.1999, p. 25.
(3) OJ L 76, 6.4.1970, p. 1.
(4) OJ L 286, 23.10.1998, p. 34.
(5) OJ L 375, 31.12.1980, p. 36.
(6) OJ L 329, 30.12.1993, p. 39.