COUNCIL DIRECTIVE of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors (77/537/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 the emission of pollutants from diesel engines for use in tractors;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all the 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 the approximation of national laws relating to tractors entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless tracks, 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 tractors defined in paragraph 1 which are fitted with pneumatic tyres and which have two axles and a maximum design speed between 6 and 25 kilometres per hour.
Article 2
No Member State may refuse to grant a tractor EEC type-approval or national type-approval on the grounds that pollutants are emitted by the diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I, II, III, IV and VI.
Article 3
No Member State may refuse the registration or may prohibit the sale, entry into service or use of any tractor on the grounds that pollutants are emitted by the diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I, II, III, IV and VI.
Article 4
The Member State which has granted type-approval shall take the necessary measures to ensure that it is informed of any modification of a part or characteristic (1)OJ No C 125, 8.6.1976, p. 51. (2)OJ No C 197, 23.8.1976, p. 16. (3)OJ No L 84, 28.3.1974, p. 10.
referred to in 2.2 of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified tractor and a fresh report drawn up. Where such tests reveal a failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
The amendments necessary to adapt the provisions of Annexes I to X 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 6
1. Member States shall bring into force provisions containing 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 7
This Directive is addressed to the Member States.
Done at Luxembourg, 28 June 1977.