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
Date: 1996-05-24
Institutions: European Commission
Subjects: Community certification, approximation of laws, road safety, speed control, tractor

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

if 

* 

Brussels,  24.05.1996 
COM(96)  196  final 

96/0129  (COD) 

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/-.EC,  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. 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

European  lype-approval  for  tractors, which  was put  in  place  progressively  between  1974 and  1991, 

consists  of  a  framework  directive  74/15Q/EEC,  as  last  amended  by  directive  88/297/EEC,  and 

twenty-two  individual  directives.  The  objective  was  to  create  a  single  type-approval  system,  in 

which  free  circulation  within the Community  would  be  achieved. 

Application  of the directives  and  the whole  vehicle  type-approval  remain  optional;  in other  words 

their  use  is at the  behest  of  each  manufacturer.  If a  manufacturer,  however,  chooses  to  certify  his 

vehicle  in  accordance  with  the  directives,  Member  States  are  obliged  to  permit  free  circulation  to 

the tractors  in  question. 

In the  last  few  years  the  use  of  the  optional  European  type-approval  system  by  manufacturers  has 

diminished  considerably.  This  is  above  all  because  the  scope  of  the  framework  directive  is 

currently  limited  to  tractors  with  a  maximum  design  speed  of  between  6  and  30  km/h.  The  same 

maximum  design  speed  is  taken  to  define  the  scope  of  the  various  individual  directives.  Since  a 

growing  number  of agricultural  and  forestry  tractors  have maximum  design  speeds  in excess  of  30 

km/h, manufacturers  have  instead opted to have recourse to national  type-approval  procedures. 

As a  first  step to bring these directives  up to date two measures  therefore  need  to  be taken.  Firstly, 

the  framework  directive  and  the  individual  directives  need  to  be  amended  to  increase  the 

maximum  vehicle  speed  from  30  to  40  km/h.  This  increased  speed  has  been  chosen  following 

consultation  with  Member  States'  and  Industry  experts.  Secondly,  the  separate  braking  directive 

76/432/EEC  needs  to  be  amended  in  order  to  introduce  new  technical  prescriptions  reflecting  the 

fact  that  in future  tractors  will  be permitted  to run  at faster  speeds.  This  latter  amendment  must  be 

made  under the Committee  procedure  provided  for  in Article  12 of the framework  directive. 

The  Commission  will  in  due  course  propose  further  amendments,  through  the  Committee  of 

Adaptation  to technical  progress, to all other  individual  directives,  in order  to complete  the  process 

of  modernisation  of  the  type-approval  system  for  tractors.  Once  this  process  will  be  completed, 

the  Commission  will  bring  forward  a  further  amendment  of  the  framework  directive,  in  order  to 

take  account  of the  experience  gained  since  its entry  into  force  and  to enlarge  the  scope  to  include 

other  agricultural  vehicles  or  trailers. 

It  will  also  introduce,  after  a  certain  delay,  mandatory 

European  type-approval,  as  is  the  case  of  passenger  cars.  From  this  date  forward  new  types  of 

tractors  will  be type-approved  only  according  to  European  directives.  This  provision  will  apply  to 

all  new tractors  after  a  further  lapse of time. 

Finally  the  Commission  wishes  to  indicate  that  in  the  light  of  this  new  approach  to  updating  the 

directives  and  the  conclusions  reached  at  a  meeting  of  Coreper  on  19  February  1992,  it  will 

propose  shortly  to  withdraw  its old  proposal  (SEC  (91)  466 final) aimed  at  codifying  European 

legislation  in the area  of the construction  characteristics  of agricultural  tractors.  The  priority, as 

indicated  above,  is to update the directives and  make the type-approval  system  work  at  European 

level.  It is proposed to return to the issue of codification  at a later date. 

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,  77/31 I/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. 

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,1 

Having regard to the opinion of the Economic and Social Committee,2 

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  tractors3, as  last  amended 
by  Directive  88/297/EEC4,  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 European  whole vehicle type-approval  system  of these vehicles, so as to avoid 

the procedure applying to fewer and fewer vehicles; 

separate  Directives  74/151/EEC5,  74/r52/EEC6,  74/346/EEC7,  74/347/EEC8, 
Whereas 
75/321/EEC9,  75/322/EEC10,  76/432/EEC",  76/763/EEC12,  77/311/EEC13,  77/537/EEC14, 

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 

OJ No C 
OJ No C 
OJNoL  84, of 28.03.1974, p. 10 
OJ No L 126, of 20.05.1988, p. 52 
OJ No L  84 of 28.03.1974, p. 25 
OJ No L  84 of 28.03.1974, p. 33 
OJ No L 191 of 15.07.1974, p.  1 
OJ No L 191 of 15.07.1994, p.  5 
OJ No L 147 of 09.06.1975, p. 24 
OJ No L 147 of 09.06.1975, p. 28 

^ 

78/764/EEC15,  78/933/EEC16,  79/532/EEC17,  79/533/EECIK,  80/720/EEC19,  86/297/EEC20, 
86/415/EEC21  and  89/173/EEC22,  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 tractors23;  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, the words "30 km/h" 

are 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 insofar  as Annexes  I and  II to  Directive  76/432/EEC  have been 

amended accordingly. 

11 
12 
13 
14 
15 
16 

21 
22 
23 

OJ No L 122 of 08.05.1976, p.  1 
OJ No L 262 of 27.09.1976, p. 135 
OJ No L 105 of 28.04.1977, p.  1 
OJ No L 220 Of 29.08.1977. p. 38 
OJ No L 255 of 18.09.1978, p.  1 
OJ No L 325 of 20.11.1978, p. 16 
OJ No L 145 of 13.06.1979, p. 16 
OJ No L 146 of 13.06.1979, p. 20 
OJ No L 194 ef 29.07.1990, p.  1 
OJ No L 188 of 08.07.1996, p. 19 
OJ No L 240 of 26.08.1988, p.  1 
OJNoL  67 of 10.03.1989, p  1 
OJ No L 122 of 09.06.1976, p.  1 

2. 

When  Member  States  adopt  these  measures,  they  must  contain  a  reference  to  this 

Directive,  or  be accompanied  by  such  a reference  when  they  arc officially  published.  The  form  of 

(he reference  shall  be decided  by the  Member  Stales. 

Article 3 

This  Directive  will  enter  into  force  on  the  twentieth  day  following  its  publication  in  the  Official 

Journal  of the  European  Community. 

This  Directive  is addressed  to the  Member  States. 

Article 4 

Done at  Brussels, 

For the  European  Parliament 

The  President 

For the  Council 

The  President 

IMPACT STATEMENT ON COMPETITIVENESS AND JOBS 

Proposal for a Parliament and Council directive amending framework  directive 74/150/EEC 

relating to agricultural or forestry tractors and, accordingly, certain individual directives. 

I. 

What is the main justification  of the measure? 

-  Harmonisation of national laws, 

-  Improvement of road and passenger safety, 

-  Achievement of the internal market. 

II. 

Characteristics of the companies involved, more particularly: 

do they include a large number of small- and medium-sized  businesses? No. 

-  eligible for Member State regional aid? 

No. 

-  eligible under the European Regional Development  Fund?  No. 

III.  What obligations are imposed on those companies ? 

None. 

IV.  What obligations are likely to be imposed  indirectly upon those companies via 

the 

local authorities? 

None. 

V. 

Do any special measures apply to small- and medium-sized  businesses ?  No. 

VI.  What is the foreseeable outcome: 

on company productivity? 

No negative  effect 

on jobs? 

No negative  effect. 

VII.  Have both sides of industry been consulted? 

Yes. 

ISSN 0254-1475 

COM(96) 196 final 

DOCUMENTS 

EN 

03  07 

Catalogue number  : CB-CO-96-205-EN-C 

ISBN 92-78-03538-6 

Office for Official Publications of the European Ctmmunities 

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