COUNCIL DIRECTIVEof 26 May 1986on the approximation of the laws of the Member States relating to the power take-offs of wheeled agricultural and forestry tractors and their protection(86/297/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 (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas the technical requirements with which wheeled agricultural or forestry tractors must comply pursuant to national laws relate, inter alia, to the power take-off and its protection;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 particular in order 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 (4), as last amended by the Act of Accession of Spain and Portugal, to be applied in respect of each tractor type;Whereas the Council Resolution of 29 June 1978 concerning an action programme of the European Communities on safety and health at work (5) provides for the application of the principles of accident prevention in the design and creation of plant and machinery, including the agricultural sector; whereas the provisions concerning power take-offs and their protection constitute safety factors;Whereas the approximation of the national laws relating to wheeled agricultural or forestry tractors entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of common requirements,HAS ADOPTED THIS DIRECTIVE:
Article 1
1. 'Agricultural or forestry tractors' 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 or passengers.2. This Directive shall apply only to the tractors defined in paragraph 1, which are fitted with pneumatic tyres and have at least two axles and a maximum design speed of between 6 and 30 km/h.
Article 2
N° Member State may refuse to grant EEC type-approval or national type-approval in respect of a tractor, or refuse or prohibit its sale, registration, entry into service or use, on grounds relating to the power take-off and its protection if the latter satisfy the requirements set out in Annex I.
Article 3
This Directive shall not affect the right of Member States to specify, with due observance of the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the power take-off and its protection are modified in a way unspecified in this Directive.
Article 4
Any amendments necessary to adapt the requirements of Annex I and the model Annex to the EEC type-approval certificate shown in Annex II to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its adoption. They shall forthwith inform the Commission thereof. However, the requirements of section 5.2 of Annex I shall not apply until 1 October 1995.
2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 26 May 1986.