Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to the maximum design speed of wheeled agricultural or forestry tractors
Date: 1997-01-17
Institutions: European Commission
Subjects: Community certification, approximation of laws, road safety, speed control, tractor

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

à 

it 

Brussels,  17 01.1997 
COM(97)5  final 

96/0129  (COD) 

Amended  proposal  for a 

EUROPEAN  PARLIAMENT  AND COUNCIL  DIRECTIVE 

relating to the maximum design speed 

of wheeled agricultural or forestry tractors 

(presented  by  the Commission  pursuant  to  Article  189 a (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

Following the opinion of the European  Parliament1 of  10 December  1996 on the proposal 
for  a  European  Parliament  and  Council  Directive  on  the  maximum  design  speed  of 
wheeled  agricultural  or  forestry  tractors2 and  in accordance  with  Article  189(a)(2) of the 
EC Treaty, the Commission has decided to amend the abovementioned proposal. 

The Commission accepts the substance of the amendments to introduce: 

a  new  recital  5a  regarding  improvement  and  harmonization  of all  safety  aspects  such 
as the installation of safety  belts (amendment  1); 

a new recital  5c to the effect  that pollution  from  tractors should  be the subject of  future 
Community  legislation (amendment 3). 

The Commission  rejects the amendments to introduce: 

-  a  new  recital  5b  to  the  effect  that  Member  Stales  should  examine  the  need  for  the 

introduction  of technical  controls for tractors at regular intervals (amendment 2). 

The Commission  prefers  to abide by Article  I ()()a of the Treaty, which  forms the basis 
of this proposal  which  is concerned  only with design standards for new tractors.  Once 
tractors arc in use, their  regular technical  control  comes under Article 75 on  transport. 
The Commission  can therefore  only take due note of Parliament's wish  to provide  for 
regular  controls  of  this  kind  and  will  consider,  in  the  framework  of  the  appropriate 
procedures, what proposals should be drafted; 

-  a  new  Article 

la  dealing  with  both  Community  and  national 

type-approval 

requirements for tractors (amendment 4). 

The Commission cannot accept the first  three sentences of this amendment, since their 
content  is  already  included  in  the  Directives  to  be  amended  by  this  proposal  for  a 
Directive,  or  the  fourth  sentence,  which  concerns  tractors  with  speeds  in  excess  of 
40 km/h, which  by  definition  are not covered  by  that  Directive and  are the subject  of 
national 
framework 
Directive 74/150/EEC.  Furthermore,  the  specifications  in  the  Community  Directives 
do not relate to tractors with speeds in excess of 40 km/h. 

accordance  with  Article  10 

legislation 

of 

in 

hoc.  PF 254 AW. 
i 
"  OJC  186, 2A.6.IW6. 

Amended proposal for a European Parliament and Council  Directive 
on the maximum design speed of wheeled agricultural or forestry  tractors 

Initial text 

Amended text 

(Amendment  1 ) 
New recital 5(a) 

whereas  it  is  necessary  to  improve  and 
harmonize  all  safety  uspcctà-sueh  as  the 
installation of safety  belts: 

(Amendment 3) 
New recital 5(c) 

whereas  pollution  from  tractors,  should  be 
the 
fuluie  Community 
legislation. 

subject  Ol 

ISSN 0254-1475 

COM(97)  5 final 

DOCUMENTS 

EN 

15 

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