Proposal for a COUNCIL DIRECTIVE adapting to technical progress Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors

EXPLANATORY MEMORANDUM

Council Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors must now be amended in order to keep pace with technical progress and increase user safety.

Indeed, with the growing variety of tasks to be performed by the passenger seated close to the tractor driver, the current dimensional restrictions on seats should now be improved and any needless design complications avoided.

This text was put to the vote before the Committee on adaptation to technical progress for agricultural tractors on 15 October 1998, but failed to obtain a qualified majority of the Member States. Three countries considered the proposals insufficient and abstained or voted against them.

However, it can be considered that this draft is a positive first step which will require experience to be gathered before going any further.

Consequently, in accordance with the provisions of Article 13 of Directive 74/150/EEC (regulatory committee procedure III A) relating to the type-approval of agricultural tractors, the Commission is submitting this proposal for a Directive to the Council.

Proposal for a COUNCIL DIRECTIVE adapting to technical progress Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors (Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European 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 97/54/EC of the European Parliament and of the Council (2), and in particular Article 11 thereof,

(1) OJ L 84, 28.3.1974, p. 10.

(2) OJ L 277, 10.10.1997, p. 24.

Having regard to Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors (3), as last amended by Directive 97/54/EC, and in particular Article 4 thereof,

(3) OJ L 262, 27.9.1976, p. 135.

Having regard to the proposal from the Commission (4),

(4) OJ C ...

Whereas the objective of this Directive is to improve the current design of passenger seats; whereas, in response to the comments made by certain Member States, further provisions on passenger seats need to be introduced at a later stage, with a view to increasing passenger safety;

Whereas, in order to increase safety, any obstruction hampering the driver should be avoided;

Whereas the Committee for Adaptation to Technical Progress established by Article 12 of Directive 74/150/EEC failed to deliver an opinion within the time allowed by its Chairman,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 76/763/EEC is hereby amended as shown in the Annex hereto.

Article 2

1. From 1 January 2000, no Member State may:

- refuse, in respect of any type of tractor, to grant EC type-approval, to issue the document referred to in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, or

- prohibit the entry into service of tractors,

if those tractors meet the requirements of Directive 76/763/EEC, as amended by this Directive.

2. From 1 October 2000, Member States:

- shall no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC for any type of tractor that does not meet the requirements of Directive 76/763/EEC, as amended by this Directive;

- may refuse to grant national type-approval in respect of any type of tractor that does not meet the requirements of Directive 76/763/EEC, as amended by this Directive.

Article 3

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999 at the latest. They shall forthwith inform the Commission thereof.

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 domestic law that they adopt in the field governed by this Directive.

Article 4

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

In the Annex to Directive 76/763/EEC, Part II is amended as follows:

1. Items 2 and 3 are replaced by the following:

"2. Each seat shall incorporate a lateral support for position-maintenance purposes and be fitted with a back rest that is at least 200 mm deep. That dimension shall not apply if the seat backrest forms part of the cab or roll-over protection structure. The seat cushion shall be either padded or elastic.

3. A suitable support for the passenger's feet must be provided, as must suitable grab handles, in order to ease access to the passenger seat and to help the passenger to remain in position on that seat."

2. The first sentence of the second paragraph of Item 4 is replaced by the following:

"The upper part of the clearance allowed for the passenger may only be limited at the rear and sides, by a radius not exceeding 300 mm (see appended drawing)."

3. Item 6 in II is deleted.