DIRECTIVE 2009/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on roll-over protection structures of wheeled agricultural or forestry tractors (static testing)
(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 79/622/EEC of 25 June 1979 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) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 79/622/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 design and construction of agricultural or forestry tractors, as regards their roll-over protection structure (static testing). 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 or 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 of the Directives set out in Annex X, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37/EC, having the following characteristics:
(a)
clearance beneath the rear axle of not more than 1 000 mm;
(b)
fixed or minimum adjustable track width of one of the driving axles of 1 150 mm or more;
(c)
possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar;
(d)
mass of 800 kg or more, corresponding to the unladen mass of the tractor as referred to in point 2.1,1 of Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.
Article 2
1. Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I to V.
2. A Member State which has granted EC component type-approval shall take the measures required 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 3
Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to their respective authorised representatives, an EC component type-approval mark conforming to the model shown in Annex VI.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.
Article 4
No Member State may prohibit the placing on the market of roll-over protection structures or their tractor attachments on grounds relating to their construction if they bear the EC component type-approval mark.
Nevertheless, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which consistently fail to conform to the approved type.
That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 5
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the component EC type-approval certificates, a model of which is shown in Annex VII, completed for each type of roll-over protection structure which they approve or refuse to approve.
Article 6
1. If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC 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 Member State shall advise those of the other Member States of the measures taken which may, if necessary, where there is a serious and repeated failure to conform, extend to withdrawal of the EC component type-approval.
Those 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 within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.
Article 7
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component EC type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.
Such decision 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 8
1. No Member State may refuse to grant EC type-approval, to issue the document provided for in Article 2(u) of Directive 2003/37/EC, or to grant national type-approval in respect of a type of tractor on grounds relating to the roll-over protection structures, if these satisfy the requirements set out in Annexes I to IX.
2. Member States may not issue the document provided for in Article 2(u) of Directive 2003/37/EC in respect of a type of tractor which does not meet the requirements of this Directive.
Member States may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of this Directive.
Article 9
No Member State may refuse to register or prohibit the sale, initial entry into service or use of any tractor on grounds relating to the roll-over protection structures if these satisfy the requirements set out in Annexes I to IX.
Article 10
For the purposes of EC type-approval, any tractor to which Article 1 refers must be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV.
However, the tractors defined in Article 1 of Directive 2009/57/EC of 13 July 2009 of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (6) may, for the purposes of EC type-approval, be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV of that Directive.
Article 11
Any amendments necessary to adapt to technical progress the requirements of Annexes I to IX shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
Article 12
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 13
Directive 79/622/EEC, as amended by the acts listed in Annex X, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex X, 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 XI.
Article 14
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 15
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.