COMMISSION DIRECTIVE of 15 December 1982 adapting to technical progress Council Directive 79/622/EEC on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (82/953/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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 (1), as last amended by Directive 79/694/EEC (2) and by the Act of Accession of Greece, and in particular Article 11 thereof,
Whereas, as a result of experience gained in this field, and bearing in mind the present state of the affairs, it is now possible to render certain provisions of Council Directive 79/622/EEC (3) more complete and bring them more into line with real testing conditions;
Whereas the provisions of this Directive shall be without prejudice to those of Council Directive 77/536/EEC 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 (4) ; whereas, to this end, tractors may, until a date to be specified, be fitted with a roll-over protection structure which complies either with Directive 77/536/EEC or with this Directive;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Agricultural and Forestry Tractors Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes II, III and IV to Directive 79/622/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 1983, no Member State may: - refuse to grant EEC type-approval, to issue the documents referred to in the last indent of Article 10 (1) of Directive 74/150/EEC or to grant national type-approval, in respect of a type of tractor, or
- prohibit the entry into service of tractors,
if the roll-over protection structure for this type of tractor or these tractors complies with the provisions of this Directive.
2. With effect from 1 October 1984, a Member State: - shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 74/150/EEC in respect of a type of tractor on which the roll-over protection structure does not comply with the provisions of this Directive,
- may refuse to grant national type-approval in respect of a type of tractor on which the rollover protection structure does not comply with the provisions of this Directive.
3. With effect from 1 October 1985, Member States may prohibit the entry into service of tractors on which the roll-over protection structure does not comply with the provisions of this Directive. (1) OJ No L 84, 28.3.1974, p. 10. (2) OJ No L 205, 13.8.1979, p. 17. (3) OJ No L 179, 17.7.1979, p. 1. (4) OJ No L 220, 29.8.1977, p. 1.
4. The provisions of paragraphs 1 to 3 shall be without prejudice to the provisions of Directive 77/536/EEC.
Article 3
Member States shall bring into force the provisions necessary to comply with this Directive by 30 September 1983 at the latest. The shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 15 December 1982.