Commission Directive 98/40/EC of 8 June 1998 adapting to technical progress Council Directive 74/346/EEC relating to rear-view mirrors for wheeled agricultural or forestry tractors (Text with EEA relevance)
Date: 1998-06-08
Institutions: European Commission
Subjects: Community certification, agricultural vehicle, marketing standard, safety device, safety standard, technical standard, tractor

L 171/28

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EN

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Official Journal of the European Communities

17. 6. 98

COMMISSION DIRECTIVE 98/40/EC

of 8 June 1998

adapting to technical progress Council Directive 74/346/EEC relating to
rear-view mirrors for wheeled agricultural or forestry tractors

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

but must be located in accordance with the setting
requirements contained in Items 2.3.3 to 2.3.5.’;

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 74/346/EEC of 25 June 1974
on the approximation of the laws of the Member States
relating to rear-view mirrors for 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 4 thereof,

Whereas, in view of the growing complexity of the task
performed by tractors, thought should be given to the
rear-view mirrors used to monitor
implements not
designed for on-road use;

Whereas, in order to increase safety, the conditions under
which rear-view mirrors are set by drivers should be set
out in detail; whereas Directive 74/346/EEC should there-
fore be amended accordingly;

Whereas the measures provided for in this Directive are
in accordance with the opinion of the Committee on
adaptation to technical progress set up by Council Dir-
ective 74/150/EEC (3), as
last amended by Directive
97/54/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

2. in Item 2.4.2, the first sentence is replaced by the

following:

‘The driver must be able to adjust the exterior rear-
view mirror without leaving the driving position.’

Article 2

1.

From 1 May 1999, no Member State may:

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

— prohibit the entry into service of tractors,

those tractors meet

if
74/346/EEC, as amended by this Directive.

the requirements of Directive

2.

From 1 October 1999, Member States:

— may no longer issue the document referred to in the
third indent of Article 10(1) of Directive 74/150/EEC
for a type of tractor that does not meet the require-
ments of Directive 74/346/EEC, as amended by this
Directive,

— may refuse to grant national type-approval in respect
of a type of tractor which does not meet the require-
ments of Directive 74/346/EEC, as amended by this
Directive.

The Annex to Directive 74/346/EEC is amended as
follows:

1. the following sentence is added to Item 1.1: ‘The addi-
tional mirrors and rear-view mirrors designed in order
to monitor the implements while working in the fields
are not necessarily open to component type-approval

(1) OJ L 191, 15. 7. 1974, p. 1.
(2) OJ L 277, 10. 10. 1997, p. 24.
(3) OJ L 84, 28. 3. 1974, p. 10.

Article 3

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary in order to
comply with this Directive not later than 30 April 1999.
They shall forthwith inform the Commission thereof.

When the Member States adopt these provisions, these
shall contain a reference to this Directive or shall be
accompanied by such reference at the time of their offi-
cial publication. The procedure for such reference shall be
adopted by Member States.

17. 6. 98

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Official Journal of the European Communities

L 171/29

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

Article 5

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 8 June 1998.

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

For the Commission

Martin BANGEMANN

Member of the Commission