Commission Directive 98/38/EC of 3 June 1998 adapting to technical progress Council Directive 74/151/EEC on certain components and characteristics of wheeled agricultural or forestry tractors (Text with EEA relevance)
Date: 1998-06-03
Institutions: European Commission
Subjects: agricultural vehicle, national implementing measure, technical regulations, technological change, tractor

16. 6. 98

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EN

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Official Journal of the European Communities

L 170/13

COMMISSION DIRECTIVE 98/38/EC

of 3 June 1998

adapting to technical progress Council Directive 74/151/EEC on certain
components and characteristics of wheeled agricultural or forestry tractors

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

— prohibit the entry into service of tractors,

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 13 thereof,

Having regard to Council Directive 74/151/EEC of 4
March 1974 on the approximation of the laws of the
Member States relating to certain parts and characteristics
forestry tractors (3), as last
of wheeled agricultural or
amended by Directive 97/54/EC, and in particular Article
4 thereof,

Whereas in view of the experience acquired and the tech-
nological progress made, it is now appropriate to adapt
the requirements concerning the components and charac-
teristics referred to in Article 2 of Directive 74/151/EEC;

Whereas the measures provided for in this Directive are
in accordance with the opinion of the Committee on the
adaptation to technical progress introduced by Directive
74/150/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I to VI to Directive 74/151/EEC are hereby
amended in accordance with the Annex to this Directive.

Article 2

if these tractors meet the requirements of Directive
74/151/EEC, as amended by this Directive.

2.

From 1 October 1999, Member States:

— may no longer issue the document referred to in
Article 10(1), final indent, of Directive 74/150/EEC
for a type of tractor that does not meet the require-
ments of Directive 74/151/EEC as amended by this
Directive,

— may refuse to grant national type approval in respect
of a type of tractor if this does not meet the require-
ments of Directive 74/151/EEC as amended by this
Directive.

Article 3

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive before 1 May 1999. They shall forth-
with inform the Commission thereof.

When the Member States adopt these provisions the latter
shall contain a reference to this Directive or shall be
accompanied by such a reference on their official publica-
tion. The conditions attached to that reference shall be
laid down by the Member States.

2.
The Member States shall send the Commission the
text of the essential provisions of national law they adopt
in the area covered by this Directive.

Article 4

This Directive shall take effect on the 20th day following
its publication in the Official Journal of the European
Communities.

Article 5

This Directive is addressed to the Member States.

1.

From 1 May 1999 no Member State may:

Done at Brussels, 3 June 1998.

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

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 84, 28. 3. 1974, p. 10.
(2) OJ L 277, 10. 10. 1997, p. 24.
(3) OJ L 84, 28. 3. 1974, p. 25.

L 170/14

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EN

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Official Journal of the European Communities

16. 6. 98

ANNEX

Annexes I to VI to Directive 74/151/EEC are amended as follows:

(a) In Annex I,

‘weight’ is replaced by ‘mass’.

(b) In Annex II

— the two indents of item 1 are replaced by the following:

‘— length: 255 or 520 mm,

— width: 165 or 120 mm.

The choice must take account of the dimensions in force in the Member States of destination.’,

— item 2.1 is replaced by the following:

‘2.1. Lateral position of the plate

The centre of the plate may not be further to the right than the plane of symmetry of the tractor.

The left lateral edge of the plate may not be further to the left than the vertical plane parallel to
the plane of symmetry of the tractor and tangent to the point where the cross section of the
tractor is at its widest.’,

— the text of item 2.4 is replaced by the following:

‘The height of the lower edge of the plate above ground may not be less than 0,3 metres; the height
of the upper edge of the plate above ground must not exceed 4,0 metres.’

(c) In Annexe III; the following text is added to item 2:

‘The fuel supply pipework and the filler orifice must be installed outside the cab.’

(d) Annex IV is replaced by the following:

‘ANNEX IV

BALLAST WEIGHTS

If the tractor is to be fitted with ballast weights in order to meet the other requirements of EC
approval, those ballast weights must be supplied by the manufacturer of the tractor, be intended for
fitting, and bear the manufacturer’s mark and a statement of their mass in kilograms to an accuracy of
5 5 %. Front ballast weights that have been designed for frequent removal/fitting must leave a safety
clearance of at least 25 mm for the grab handles. The method of locating the ballast weights must be
such that any inadvertent separation is avoided (e.g. in the event of tractor rollover).’

(e) In Annex V; item 2.1.4 is replaced by the following:

‘2.1.4. The maximum value for the sound-pressure level must be at least 93 dB(A) and at the most

112 dB(A).’

(f) In Annex VI, the following text is added to item II.1:

‘The exhaust tailpipe must be positioned in such a way that the exhaust gases cannot penetrate inside
the cab.’