Commission Directive 1999/40/EC of 6 May 1999 adapting to technical progress Council Directive 79/622/EEC relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Text with EEA relevance)
Date: 1999-05-06
Institutions: European Commission
Subjects: safety device, technological change, tractor

18. 5. 1999

EN

Official Journal of the European Communities

L 124/11

COMMISSION DIRECTIVE 1999/40/EC

of 6 May 1999

adapting to technical progress Council Directive 79/622/EEC relating to the
roll-over protection structures of wheeled agricultural or forestry tractors (static
testing)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Having regard to the Treaty establishing the European
Community,

1.

From 1 July 2000, Member States may not:

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 (2) of the European Parliament and of
the Council and in particular Article 11 thereof,

(cid:190) refuse to grant EC type-approval, to issue the docu-
ment provided for in the third indent of Article 10(1)
of Directive 74/150/EEC, or to grant national type-
approval, in respect of a type of tractor, or

(cid:190) prohibit the entry into service of tractors,

Having regard to Council Directive 79/622/EEC of 25
June 1979 on the approximation of
the
Member States relating to the roll-over protection struc-
tures of wheeled agricultural or forestry tractors (3), as last
amended by Directive 88/413/EEC (4), and in particular
Article 11 thereof,

the laws of

the tractors in question meet

if
Directive 79/622/EEC, as amended by this Directive.

the requirements of

2.

From 1 January 2001, Member States:

(1) Whereas,

is now
in order to improve safety,
necessary to clarify the testing arrangements for
roll-over protective structures by taking account of
the wide range of equipment used;

it

(cid:190) shall no longer issue the document provided for in the
third indent of Article 10(1) of Directive 74/150/EEC
in respect of any type of tractor which does not meet
the
as
of Directive
amended by this Directive,

requirements

79/622/EEC,

(2) Whereas the arrangements for testing such struc-
tures should be harmonised with the arrangements
defined in Organisation for Economic Cooperation
and Development (OECD) code 4 for the official
testing of protection structures of agricultural trac-
tors (static tests);

(3) Whereas the provisions of this Directive are in
accordance with the opinion of the Committee for
Adaptation to Technical Progress established by
Article 12 of Directive 74/150/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes II and III to Directive 79/622/EEC are hereby
amended as shown in the Annex hereto.

(cid:190) may refuse to grant national type-approval in respect
the
of any type of
requirements of Directive 79/622/EEC, as amended
by this Directive.

tractor which does not meet

Article 3

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive by 30 June 2000 at the latest. They
shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publi-
cation. Member States shall determine how such reference
is to be made.

(1) OJ L 84, 28.3.1974, p. 10.
(2) OJ L 277, 10.10.1997, p. 24.
(3) OJ L 179, 17.7.1979, p. 1.
(4) OJ L 200, 26.7.1988, p. 32.

2. Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law that
they adopt in the field governed by this Directive.

L 124/12

EN

Official Journal of the European Communities

18. 5. 1999

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, 6 May 1999.

For the Commission

Martin BANGEMANN

Member of the Commission

18. 5. 1999

EN

Official Journal of the European Communities

L 124/13

ANNEX

Annexes II and III to Directive 79/622/EEC are amended as follows:

1. in Annex II, the following text is added in point 1.2.4:

‘All components that the driver could himself remove shall be removed for the tests. If it is possible to keep
the doors and windows open or to remove them when the tractor is in use, they must be kept open or
removed during the tests, so as not to increase the strengh of the roll-over protection structure. If, in this
position, they constitute a danger for the driver should the tractor roll over, the test report must refer to this
fact.;'

2. Annex III is amended as follows:

(a) the following text is added to the first subparagraph of point 1.3:

‘In the case of a tractor with a reversible position, the load shall be applied to the upper extremity of the
roll-over protection structure half-way between the two seat reference points.;'

(b) the following points 2.2.11, 2.2.12 and 2.2.13 are inserted:

‘2.2.11. In the case of a tractor with a reversible driving position, the clearance shall be a combination

of the two clearances determined for the two positions of the steering wheel and seat.

2.2.12. In the case of a tractor which can be fitted with optional seats, the tests shall be based on the
combined seat-reference-point clearance for all available seat options. The roll-over protection
structure must not enter the combined clearance around the various seat reference points.

2.2.13. Where a new seat option is proposed after the test has taken place, a calculation is made to
determine whether the clearance around the new seat reference point is located entirely within
the clearance previously established. If this is not the case, a new test is required.'.