COUNCIL DIRECTIVE of 28 June 1977 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (77/536/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 with which tractors must comply pursuant to national laws relate inter alia to roll-over protection structures and to their attachment to the tractor;
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 in place 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 a harmonized component type-approval procedure for roll-over protection structures and their attachment to the tractor makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of roll-over protection structure and its attachment to the tractor ; whereas the placing of an EEC component type-approval mark on all structures manufactured in conformity with the approved type obviates any need for technical checks on those structures in the other Member States;
Whereas common requirements concerning other elements and characteristics of the roll-over protection structure, in particular those concerning the dimensions, doors, safety glass, devices to prevent continuous rolling if the tractor overturns, and protection of passengers, will be laid down at a later date;
Whereas the harmonized requirements are intended principally to ensure safety on the road and at work throughout the Community ; whereas for this reason it is necessary to introduce the obligation for tractors (1)OJ No C 76, 7.4.1975, p. 37. (2)OJ No C 263, 17.11.1975, p. 58. (3)OJ No L 84, 28.3.1974, p. 10.
covered by this Directive to be fitted with roll-over protection structures;
Whereas the approximation of the national laws relating to tractors entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall grant EEC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I, II, III, IV and V hereto.
2. The Member State which has granted EEC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.
Article 2
Member States shall for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 1, issue to the manufacturer of the tractor or of the roll-over protection structure or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex VI hereto.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit the placing on the market of roll-over protection structures or their tractor attachment on grounds relating to their construction if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 4
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex VII, completed for each type of roll-over protection structure which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, if necessary, where there is serious and repeated failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall within one month inform each another of any withdrawal of EEC component type-approval and of the reasons for any such measure.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse to grant EEC type-approval or national type-approval in respect of a tractor on grounds relating to roll-over protection structures or their tractor attachments if these bear the EEC component type-approval mark and if the requirements laid down in Annex VIII have been satisfied.
Article 8
No Member State may refuse or prohibit the sale, registration, entry into service or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EEC component type-approval mark and if the requirements laid down in Annex VIII have been met.
Article 9
This Directive shall apply to tractors defined in Article 1 of Directive 74/150/EEC having the following characteristics: - clearance beneath the rear axle of not more than 1 000 mm,
- fixed or adjustable track width of one of the driving axles of 1 150 mm or more,
- possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar,
- mass between 1 75 and 4 75 tonnes, corresponding to the unladen weight of the tractor, as defined in item 2 74 of Annex I to Directive 74/150/EEC, including the roll-over protection structure fitted in compliance with the present Directive and tyres of the largest size recommended by the manufacturer.
Article 10
In the context of EEC type-approval any tractor to which Article 9 refers must be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I, II, III and IV.
Article 11
Any amendments necessary to adjust the requirements of the Annexes to this Directive to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
Article 12
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 13
This Directive is addressed to the Member States.
Done at Luxembourg, 28 June 1977.