COUNCIL DIRECTIVE of 21 December 1988 on the approximation of the laws of the Member States relating to certain components and characteristics of wheeled agricultural or forestry tractors (89/173/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the technical requirements which tractors must fulfil in pursuance of national laws concern, inter alia, their dimensions and masses, speed governors, the protection of their drive components, projections and wheels, brake control for towed vehicles, windscreens and other glazing, the mechanical coupling between tractor and towed vehicle and the location and method of affixing statutory plates and markings to the body of the tractor;
Whereas those requirements differ from one Member State to another; whereas it is consequently necessary for the same
OJ No C 326, 18. 12. 1988.
requirements to be adopted by all of the Member States, either in addition or in place of the existing regulations, in order, in particular, to permit implementation, for each type of tractor, of the EEC type-approval procedure covered
by 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 Directive 82/890/EEC (5);
Whereas with regard, in particular, to the technical requirements relating to safety glass - windscreens and other glazing - it is appropriate to embrace with some amendments those adopted by the United Nations' Economic Commission for Europe in its Regulation No 43 (´Uniform provisions concerning the approval of safety glazing and glazing materials') forming an addendum to the agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and thus reciprocal recognition of approval for motor vehicle equipment and parts (6),
HAS ADOPTED THIS DIRECTIVE:
Article 1 1. (Agricultural or forestry) tractor means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to, push, carry or
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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 of between 6 and 30 km/h.
Article 2 1. No Member State may refuse EEC type-approval or national type-approval of a tractor or refuse its registration or prohibit the sale, entry into service or use of a tractor or grounds relating to:
- dimensions and towable masses,
- speed governors and protection of drive components, projections and wheels,
- windscreens and other glazing,
- mechanical couplings between tractor and towed vehicle, including the vertical load on the coupling point,
- location and method of affixing statutory plates and inscriptions to the body of the tractor,
- brake control for towed vehicles,
where these comply with the requirements of the Annexes relating thereto and where the windscreens and other glass panes or the mechanical couplings bear an EEC component type-approval mark.
2. By way of derogation from the provisions of paragraph 1 relating to use of the tractor, Member States may, for reasons concerning towable mass(es), continue to apply their national provisions reflecting in particular the special requirements relating to the nature of the land relief on their territory, within the limits of the towable masses listed in section 2.2 of Annex I in so far as this does not involve alterations to the tractor or a further supplementary national type-approval.
Article 3 1. Each Member State shall grant EEC component type-
approval for any type of windscreen or other glass-pane and/or of mechanical coupling which satisfies the construction and testing requirements laid down in Annexes III and/or IV.
2. The Member State which has granted EEC component type-approval shall take the measures required in order 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 4 Member States shall, for each type of windscreen or other glass pane or of mechanical coupling which they approve pursuant to Article 3, issue to the manufacturer of
the tractor, windscreen or mechanical coupling or to
his authorized representative, an EEC component type-approval mark conforming to the models shown in Annex III or IV.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between the type of equipment which has been granted EEC component type-approval pursuant to Article 3 and equipment of other types.
Article 5 1. No Member State may prohibit the placing on the market of windscreens and other glass panes or mechanical couplings 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 windscreens or mechanical couplings bearing the EEC component type-approval mark which do not 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 6 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, examples of which are given in Annex III or IV, completed for each type of windscreen or mechanical coupling which they approve or refuse to approve.
Article 7 1. If the Member State which has granted EEC component type-approval finds that a number of windscreens or mechanical couplings 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 inform each other within one month of any withdrawal of EEC component type-approval and of the reasons for such a measure.
Article 8 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for a windscreen or mechanical coupling or to prohibit their placing on the market or use, shall set out in detail the reasons on which it is based. Such decisions 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 9 Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
Article 10 1. Member States shall bring into force the provisions necessary in order to comply with this Directive by
31 December 1989. They shall forthwith inform the Commission thereof.
2. Member States shall notify to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 11 This Directive is addressed to the Member States.
Done at Brussels, 21 December 1988.