COUNCIL DIRECTIVE of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (76/432/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the technical requirements which tractors must satisfy pursuant to national laws relate inter alia to their braking devices;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or instead of their existing rules, in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (3), to be applied in respect of each type of tractor;
Whereas the harmonized requirements are intended principally to improve safety on the road and at work throughout the whole Community;
Whereas the approximation of national laws relating to tractors involves the mutual recognition by Member States of the inspections carried out by each of them on the basis of common requirements ; whereas, for such a system to function successfully, these requirements must be applied by all Member States with effect from the same date,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or caterpillar tracks, and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
2. This Directive shall apply only to the tractors defined in the preceding paragraph which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h. (1)OJ No C 5, 8.1.1975, p. 54. (2)OJ No C 62, 15.3.1975, p. 29. (3)OJ No L 84, 28.3.1974, p. 10.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to its braking devices if that tractor is fitted with the devices specified in Annexes I to IV and if these devices satisfy the requirements set out therein.
Article 3
No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to their braking devices if these tractors are fitted with the devices specified in Annexes I to IV and if these devices satisfy the requirements set out therein.
Article 4
A Member State which has granted type-approval of a tractor shall take the necessary measures to ensure that it is informed of any modification to a component or characteristic mentioned in 1.1 of Annex I. The competent authorities of that Member State shall decide whether fresh tests should be carried out on the modified type of tractor and a fresh report drawn up. If such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
The amendments necessary for adapting the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Council Directive 74/150/EEC.
Article 6
1. Member States shall adopt and publish the provisions necessary to comply with this Directive by 1 January 1977 and shall forthwith inform the Commission thereof.
They shall implement these provisions with effect from 1 October 1977.
2. After notification of this Directive, Member States shall take steps to inform the Commission, in sufficient time for it to make comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by the Directive.
Article 7
This Directive is addressed to the Member States.
Done at Luxembourg, 6 April 1976.