CELEX: 51998PC0234
Language: en
Date: 1998-04-23
Title: 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

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)
 ---pagebreak---  ---pagebreak---                                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, in
accordance with Article 13(3) of Directive 70/156/EEC.
 ---pagebreak---                                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;
 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
amended          by     Commission    Directive 96/44/EC      of     1 July 1996.4 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 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
     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
 ---pagebreak--- 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 to Technical Progress set up by Directive 70/156/EEC for its opinion on
5 February 1998, and the outcome of the vote was such that no opinion was delivered,
 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-
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 234 final
                                              DOCUMENTS
EN                                                             07 06 15 10
                                    Catalogue number : CB-CO-98-252-EN-C
                                                             ISBN 92-78-35141-5
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