COMMISSION DIRECTIVE 2010/62/EU
of 8 September 2010
amending, for the purpose of adapting their technical provisions, Council Directives 80/720/EEC and 86/297/EEC and Directives 2003/37/EC, 2009/60/EC and 2009/144/EC of the European Parliament and of the Council relating to the type-approval of agricultural or forestry tractors
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 and repealing Directive 74/150/EEC (1), and in particular points (a) and (b) of Article 19(1) thereof,
Whereas:
(1)
Technical progress allows for complete whole vehicle type-approval for tractors of category T4.3 (low-clearance tractors), as defined in Directive 2003/37/EC. Therefore, Council Directive 80/720/EEC of 24 June 1980 on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (2), Directive 2003/37/EC, Directive 2009/60/EC of the European Parliament and of the Council of 13 July 2009 on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors (3) and Directive 2009/144/EC of the European Parliament and of the Council of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors (4) should be amended to take account of the specificities of low-clearance tractors.
(2)
In order to progress in the completion of the internal market and to achieve higher levels of occupational safety, requirements for front power take-offs for all tractor categories covered by Directive 2003/37/EC should be included in Council Directive 86/297/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to the power take-offs of wheeled agricultural and forestry tractors and their protection (5).
(3)
The required clearance zones and dimensions of the power take-off protective guard established in Directive 86/297/EEC should be amended in order to achieve worldwide harmonisation of such zones and dimensions so as to facilitate the global competitiveness of Union manufacturers.
(4)
ISO 500-1:2004 together with the Technical Corrigendum 1:2005, ISO 500-2:2004, and ISO 8759-1:1998 contain globally recognised requirements for power take-offs of all tractors covered by Directive 2003/37/EC. It is therefore appropriate to make reference to those ISO standards in Directive 86/297/EEC.
(5)
Directive 2003/37/EC should be amended in order to reflect the application of Directive 86/297/EEC to tractors of category T5. Equally, Directive 2003/37/EC should be amended to reflect the application of Directive 2009/60/EC and Directive 80/720/EEC to tractors of category T4.3.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Committee established in Article 20(1) of Directive 2003/37/EC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 80/720/EEC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC of the European Parliament and of the Council (6),
For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.
2. This Directive shall apply to tractor categories T1, T3 and T4 as defined in Annex II to Directive 2003/37/EC.
This Directive shall not apply to tractors of category T4.3 where the driver’s seat index point, as determined in Annex II to Directive 2009/144/EC of the European Parliament and of the Council (7) is more than 100 mm from the median longitudinal plane of the tractor.
2.
Annex I is amended in accordance with Annex I to this Directive.
Article 2
Directive 86/297/EEC is amended as follows:
1.
The title is replaced by the following:
2.
Article 1 is replaced by the following:
‘Article 1
1. For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC of the European Parliament and of the Council (8).
2. For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.
3.
Annexes I and II are replaced by the text set out in Annex II to this Directive.
Article 3
Annex II to Directive 2003/37/EC is amended in accordance with Annex III to this Directive.
Article 4
Directive 2009/60/EC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC.
2. For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.
3. This Directive shall apply only to tractors which are equipped with pneumatic tyres and have a maximum design speed of not more than 40 km/h.’;
2.
Annex I is amended in accordance with Annex IV to this Directive.
Article 5
Directive 2009/144/EC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
1. For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC.
2. For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.
3. This Directive shall apply to tractor categories T1, T2, T3 and T4.’;
2.
Annex II is amended in accordance with Annex V to this Directive.
Article 6
1. For tractor categories T1, T2 and T3 as defined in Annex II to Directive 2003/37/EC, Member States shall apply the provisions referred to in Article 7(1) of this Directive to new types of vehicles from 29 September 2011 and to new vehicles from 29 September 2012.
2. For tractors of category T4.3 as defined in Annex II to Directive 2003/37/EC, Member States shall apply the provisions referred to in Article 7(1) of this Directive to new types of vehicles from 29 September 2013 and to new vehicles from 29 September 2016.
3. For vehicle categories T4.1, T4.2, T5, C, R and S as defined in Annex II to Directive 2003/37/EC, Member States shall apply the provisions referred to in Article 7(1) of this Directive to new types of vehicles and to new vehicles from the dates laid down in Article 23(2) of Directive 2003/37/EC.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 September 2011 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. 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 8
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 8 September 2010.