Wednesday 11 May 2011

Driving position and the doors and windows of wheeled agricultural or forestry tractors ***I

P7_TA(2011)0214

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (codified text) (COM(2010)0746 – C7-0428/2010 – 2010/0358(COD))

2012/C 377 E/41

(Ordinary legislative procedure – codification)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0746),

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0428/2010),

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1) ,

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (2) ,

having regard to Rules 86 and 55 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A7-0096/2011),

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 107, 6.4.2011, p. 76.

(2) OJ C 102, 4.4.1996, p. 2.

Wednesday 11 May 2011

P7_TC1-COD(2010)0358

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/…/EU of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) 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 (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

(2) Directive 80/720/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 and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards the operating space, access to the driving position as well as the doors and windows. 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 and application of the Directives set out in Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. For the purposes of this Directive, “tractor” means a tractor as defined in Article 2(j) of Directive 2003/37/EC.

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 (6), is more than 100 mm from the median longitudinal plane of the tractor.

Article 2

1. With respect to tractors which comply with the requirements of Annex I, Member States may not refuse to grant EC type-approval or national type-approval or refuse the registration or prohibit the sale, entry into service or use on grounds relating to:

(a) the operating space;

(b) access to the driving position (means of entry and exit);

(c) doors and windows.

2. Member States may refuse to grant national type-approval in respect of a type of tractor, the operating space, access to the driving position, doors and windows of which do not comply with the provisions of this Directive.

Article 3

Any amendments necessary to adapt the requirements of Annex I to technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 4

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Directive 80/720/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 6

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

Article 7

This Directive is addressed to the Member States.

Done at … For the European Parliament The President For the Council The President

(1) OJ C 107, 6.4.2011, p. 76.

(2) Position of the European Parliament of 11 May 2011.

(3) OJ L 194, 28.7.1980, p. 1.

(4) See Annex III, Part A.

(5) OJ L 171, 9.7.2003, p. 1.

(6) OJ L 27, 30.1.2010, p. 33.