DIRECTIVE 2009/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility)
(codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 75/322/EEC of 20 May 1975 on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 75/322/EEC is one of the separate Directives of the EC type-approval system provided for in 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, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (5), and lays down technical prescriptions concerning the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility). Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units apply to this Directive.
(3)
This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex XII, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, ‘vehicle’ means any vehicle as defined in Article 2(d) of Directive 2003/37/EC.
Article 2
1. Member States may not, on grounds relating to electromagnetic compatibility:
-
refuse to grant EC type-approval or national type-approval in respect of any given type of vehicle,
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refuse to grant EC component or technical unit type-approval in respect of any given type of component or separate technical unit,
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prohibit the registration, sale or entry into service of vehicles,
-
prohibit the sale or use of components or separate technical units,
if the vehicles, components or separate technical units comply with the requirements of this Directive.
2. Member States
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may not grant EC vehicle type-approval, EC component type-approval or EC separate technical unit type-approval, and
-
may refuse to grant national type-approval,
for any type of vehicle, component or separate technical unit, if the requirements of this Directive are not fulfilled.
3. Paragraph 2 shall not apply to vehicle types approved before 1 October 2002 pursuant to Council Directive 77/537/EEC 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 (6) or to any subsequent extensions to those approvals.
4. Member States:
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shall consider certificates of conformity which accompany new vehicles in accordance with Directive 2003/37/EC to be not valid for the purposes of Article 7(1) of that Directive, and
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may refuse the sale and entry into service of new electrical or electronic sub-assemblies as components or separate technical units,
if the requirements of this Directive are not fulfilled.
5. Without prejudice to paragraphs 2 and 4, in the case of replacement parts, Member States shall continue to grant EC type-approval and to permit the sale and entry into service of components or separate technical units intended for use on vehicle types which have been approved before 1 October 2002 pursuant to Directive 75/322/EEC or Directive 77/537/EEC and, where applicable, subsequent extensions to those approvals.
Article 3
This Directive shall constitute ‘another Community directive’ for the purposes of Article 1(4) of Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility (7).
Article 4
The amendments necessary to adapt to technical progress the requirements of Annexes I to XI shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
Article 5
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 6
Directive 75/322/EEC, as amended by the acts listed in Annex XII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex XII, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XIII.
Article 7
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.