Proposal for a European Parliament and Council Directive amending Council Directives 74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC, 74/347/EEC, 75/321/EEC, 75/322/EEC, 76/432/EEC, 76/763/EEC, 77/311/EEC, 77/537/EEC, 78/764/EEC, 78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC, 86/297/EEC, 86/415/EEC and 89/173/EEC relating to the maximum design speed of wheeled agricultural or forestry tractors

(96/C 186/12)

(Text with EEA relevance)

COM(96) 196 final - 96/0129(COD)

(Submitted by the Commission on 28 May 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Whereas the scope of Directive 74/150/EEC on the approximation of the laws of the Member States relating to the type-approval of wheeled or agricultural forestry tractors (1), as last amended by Directive 88/297/EEC (2), is currently limited to tractors having a maximum design speed of between 6 and 30 km/h;

Whereas the maximum design speed of a large number of tractors today exceeds 30 km/h; whereas it has therefore become necessary to amend Directive 74/150/EEC and the separate directives forming part of the whole European vehicle type-approval system of these vehicles, so as to avoid the procedure applying to fewer and fewer vehicles;

Whereas separate Directives 74/151/EEC (3), 74/152/EEC (4), 74/346/EEC (5), 74/347/EEC (6), 75/321/ EEC (7), 75/322/EEC (8), 76/432/EEC (9), 76/763/ EEC (10), 77/311/EEC (11), 77/537/EEC (12), 78/764/ EEC (13), 78/933/EEC (14), 79/532/EEC (15), 79/533/ EEC (16), 80/720/EEC (17), 86/297/EEC (18), 86/415/ EEC (19) and 89/173/EEC (20), contain a specific definition of their scope in relation to maximum design speed; whereas these Directives also need to be amended under the procedure foreseen in Article 12 of Directive 74/150/EEC, so as to avoid their applying to fewer and fewer vehicles;

Whereas an appropriate increase in the design speed is from 30 to 40 km/h;

Whereas an increase in the maximum design speed used to define the scope of Directive 74/150/EEC and certain individual directives requires also a change to Directive 76/432/EEC on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors; whereas this change, which is made in a separate act, must enter into force no later than this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Article 1 (2) of Directives 74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC, 74/347/EEC, 75/321 /EEC, 75/322/EEC, 76/432/EEC, 76/763/EEC, 77/311/EEC, 77/537/EEC, 78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC, 86/297/EEC, 86/415/EEC and 89/173/EEC, Article 9 (2) of Directive 78/764/EEC and item 1.5 in the Annex to Directive 74/152/EEC, '30 km/h` is hereby replaced by '40 km/h`.

Article 2

1. Member States shall adopt and publish the measures necessary to comply with this Directive by 1 October 1997 and shall forthwith inform the Commission thereof. They shall apply the measures from 1 March 1998 in so far as Annexes I and II to Directive 76/432/EEC have been amended accordingly.

2. When Member States adopt these measures, they must contain a reference to this Directive, or be accompanied by such a reference when they are officially published. The form of the reference shall be decided by the Member States.

Article 3

This Directive will enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 84, 28. 3. 1974, p. 10.

(2) OJ No L 126, 20. 5. 1988, p. 52.

(3) OJ No L 84, 28. 3. 1974, p. 25.

(4) OJ No L 84, 28. 3. 1974, p. 33.

(5) OJ No L 191, 15. 7. 1974, p. 1.

(6) OJ No L 191, 15. 7. 1974, p. 5.

(7) OJ No L 147, 9. 6. 1975, p. 24.

(8) OJ No L 147, 9. 6. 1975, p. 28.

(9) OJ No L 122, 8. 5. 1976, p. 1.

(10) OJ No L 262, 27. 9. 1976, p. 135.

(11) OJ No L 105, 28. 4. 1977, p. 1.

(12) OJ No L 220, 29. 8. 1977, p. 38.

(13) OJ No L 255, 18. 9. 1978, p. 1.

(14) OJ No L 325, 20. 11. 1978, p. 16.

(15) OJ No L 145, 13. 6. 1979, p. 16.

(16) OJ No L 145, 13. 6. 1979, p. 20.

(17) OJ No L 194, 28. 7. 1980, p. 1.

(18) OJ No L 186, 8. 7. 1986, p. 19.

(19) OJ No L 240, 26. 8. 1986, p. 1.

(20) OJ No L 67, 10. 3. 1989, p. 1.