DIRECTIVE 2009/61/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
relating to the installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors
(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 78/933/EEC of 17 October 1978 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 78/933/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC 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 wheeled agricultural or forestry tractors as regards the installation of lighting and light-signalling devices. 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 concerning the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
1. ‘Tractor’ (agricultural or forestry) 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 and passengers.
2. This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
Article 2
1. No Member State may refuse to grant EC type-approval or national type-approval of a type of tractor on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in points 1.5.7 to 1.5.21 of Annex I if these are installed in accordance with the requirements set out in that Annex.
2. With respect to vehicles which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:
-
shall no longer grant EC type-approval;
-
may refuse to grant national type-approval.
3. With respect to new vehicles which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:
-
shall consider certificates of conformity which accompany those new vehicles in accordance with the provisions of Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1) of that Directive;
-
may refuse the registration, sale or entry into service of those new vehicles.
Article 3
No Member State may refuse the registration, or prohibit the sale, entry into service or use of tractors on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in points 1.5.7 to 1.5.21 of Annex I if these are installed in accordance with the requirements set out in that Annex.
Article 4
A Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in point 1.1 of Annex I. The competent authorities of that Member State shall determine whether further tests should be carried out on the modified tractor type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
Any amendments necessary to adapt to technical progress the requirements of Annexes I and II shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
Article 6
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 7
Directive 78/933/EEC, as amended by the Directives listed in Annex III, 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 III, 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 IV.
Article 8
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.