Commission Directive 98/89/EC of 20 November 1998 adapting to technical progress Council Directive 74/152/EEC relating to the maximum design speed and load platforms of wheeled agricultural or forestry tractors (Text with EEA relevance)
Date: 1998-11-20
Institutions: European Commission
Subjects: agricultural vehicle, approximation of laws, speed control, technological change, tractor

L 322/40

EN

Official Journal of the European Communities

1. 12. 98

COMMISSION DIRECTIVE 98/89/EC

of 20 November 1998

adapting to technical progress Council Directive 74/152/EEC relating to the
maximum design speed and load platforms of wheeled agricultural or forestry
tractors

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Having regard to the Treaty establishing the European
Community,

1.

From 1 January 2000 no Member State may:

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 74/152/EEC of 4
March 1974 on the approximation of the laws of the
Member States relating to the maximum design speed and
load platforms of wheeled agricultural forestry tractors (3),
as last amended by Directive 97/54/EC, and in particular
Article 5 thereof,

Whereas, in view of the increase in maximum design
speed to 40 km/h and of developments in the state of the
art,
the requirement
concerning the tolerance in speed measurement referred
to in point 1.5 of the Annex to Directive 74/152/EEC;

is now appropriate to adapt

it

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Point 1.5 of the Annex to Directive 74/152/EEC shall be
amended as follows: ‘that the measured speed will exceed
the value for the maximum design speed by 5 %'.

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

— prohibit the entry into service of tractors,

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

2.

From 1 October 2004, 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 if this does not meet the require-
ments of Directive 74/152/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 74/152/EEC as amended by this
Directive.

Article 3

1. Member States shall implement the laws, regulations
and administrative provisions necessary to comply with
this Directive by, at the latest, 31 December 1999. They
shall forthwith inform the Commission thereof.

Where the Member States adopt these provisions, the
latter shall contain a reference to this Directive or shall be
accompanied by such a reference when published in their
Official Journal. The conditions applying to that refer-
ence shall be introduced by the Member States.

(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. 33.

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

1. 12. 98

EN

Official Journal of the European Communities

L 322/41

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

Article 4

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 20 November 1998.

For the Commission

Martin BANGEMANN

Member of the Commission