Common Position (EC) No 11/2003 of 16 December 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (Text with EEA relevance)
Date: 2002-12-16
Institutions: Council of the European Union
Subjects: agricultural equipment, agricultural implement, approval, commercial vehicle, tractor

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 11/2003

adopted by the Council on 16 December 2002

with a view to adopting Directive 2003/. . ./EC of the European Parliament and of the Council of
. . . on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed
machinery, together with their systems, components and separate technical units and repealing
Directive 74/150/EEC

(2003/C 84 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) In connection with the harmonisation of

type-approval of wheeled agricultural or

approval
procedures, it has become essential to bring the provisions
of Council Directive 74/150/EEC of 4 March 1974 on the
approximation of the laws of the Member States relating to
the
forestry
tractors (4)
into line with those of Council Directive
70/156/EEC of 6 February 1970 on the approximation of
the laws of the Member States relating to the type-approval
of motor vehicles and their trailers (5) and those of Council
Directive 92/61/EEC of 30 June 1992 relating to the type-
approval of two- or three-wheel motor vehicles (6).

(1) OJ C 151 E, 25.6.2002, p. 1.
(2) OJ C 221, 17.9.2002, p. 5.
(3) Opinion of the European Parliament of 9 April 2002 (not yet
published in the Official
Journal), Council Common Position of
16 December 2002 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).
(4) OJ L 84, 28.3.1974, p. 10; Directive as

last amended by

Commission Directive 2001/3/EC (OJ L 28, 30.1.2001, p. 1).
(5) OJ L 42, 23.2.1970, p. 1; Directive as last amended by Commission

Directive 2001/116/EC (OJ L 18, 21.1.2002, p. 1).

(6) OJ L 225, 10.8.1992, p. 72; Directive as last amended by Directive
2000/7/EC of the European Parliament and of the Council (OJ L
106, 3.5.2000, p. 1).

(2) Directive 74/150/EEC currently limits the scope of

the
Community type-approval procedure
to wheeled agri-
cultural or forestry tractors. It is therefore also essential to
extend its scope to other categories of agricultural or
forestry vehicles. This Directive is therefore a first step
towards the regulation of other agricultural motorised
vehicles.

(3) Account should also be taken of the fact that an exemption
procedure should be introduced for certain vehicles built in
limited numbers, end-of-series vehicles, or those which take
advantage of technical progress not covered by a separate
directive.

(4) This Directive being based on the principle of total harmon-
the period before EC type-approval becomes
isation,
compulsory should be long enough to allow the manu-
facturers of those vehicles to adjust to the new harmonised
procedures.

concerning the

(5) As a result of Council Decision 97/836/EC of 27 November
1997 with a view to accession by the European Community
the United Nations Economic
to the Agreement of
adoption of
Commission for Europe
uniform technical prescriptions
for wheeled vehicles,
equipment and parts which can be fitted to and/or be
used on wheeled vehicles and the conditions for reciprocal
these
recognition of approvals granted on the basis of
prescriptions (‘revised 1958 Agreement’) (7),
the various
international
regulations to which the Community has
acceded must be complied with. Also, certain tests should
be harmonised with those defined by the Organisation for
Economic Cooperation and Development (OECD) codes.

(6) The measures necessary for the implementation of

this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
exercise of
procedures
conferred on the Commission (8).

the

for

(7) OJ L 346, 17.12.1997, p. 78.
(8) OJ L 184, 17.7.1999, p. 23.

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(7) This Directive respects the fundamental rights and observes
the principles recognised in particular by the Charter of
Fundamental Rights of the European Union as general prin-
ciples of Community law.

depending on the state of completion, an incomplete or
completed vehicle type satisfies the relevant
technical
requirements of this Directive;

(8) Directive 74/150/EEC has been variously and substantially
amended, and should therefore be recast in the interests of
clarity and rationality,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

1.
This Directive applies to the type-approval of vehicles,
whether built in one or more stages. It applies to vehicles
defined in Article 2(d) having a maximum design speed of
not less than 6 km/h.

This Directive also applies to the EC type-approval of the
systems, components and separate technical units intended
for use on such vehicles.

2.

This Directive does not apply to:

(a) approval of single vehicles;

However, this procedure may apply to certain categories of
vehicles which fall within the scope of this Directive and
for which EC type-approval is obligatory;

(b) machinery that has been specially designed for forestry use,
such as skidders and forwarders as defined in standard ISO
6814:2000;

(c)

forestry machinery based on chassis
equipment as defined in standard ISO 6165:2001;

for earthmoving

(d) interchangeable machinery that

is fully raised from the
ground when the vehicle to which it is attached is in use
on a road.

Article 2

Definitions

For the purposes of this Directive:

(a)

the procedure whereby a
‘EC type-approval’ means
Member State certifies that a type of vehicle, system,
component or
the
relevant technical requirements of this Directive; the EC
and separate
type-approval of
‘EC
technical
component type-approval’;

technical unit

components

units may

also be

systems,

separate

referred

satisfies

to as

(b)

‘multi-stage EC type-approval’ means
whereby one or more Member States

the procedure
certify that,

(c)

(d)

‘approval of single vehicles’ means the procedure whereby
a Member State certifies that a vehicle approved indi-
vidually satisfies the national requirements;

interchangeable
‘vehicle’ means any tractor,
towed machinery, whether
incomplete or
completed, which is intended to be used in agriculture
or forestry;

trailer or
complete,

(e)

‘vehicle category’ means any set of vehicles which have
identical design characteristics;

(f)

‘type of vehicle’ means vehicles of a particular category
which do not differ in the essential respects referred to
in Annex II, Chapter A; the different variants and versions
of a type of vehicle set out in Annex II, Chapter A are
permissible;

(g)

‘base vehicle’ means any incomplete vehicle, the vehicle
retained during
identification number of which is
subsequent stages of
the multi-stage EC type-approval
process;

(h)

‘incomplete vehicle’ means any vehicle which still needs
completion in at least one further stage in order to meet
all the relevant requirements of this Directive;

(i)

(j)

(k)

‘completed vehicle’ means a vehicle resulting from the
process of multi-stage EC type-approval which meets all
the relevant requirements of this Directive;

‘tractor’ means any motorised, wheeled or tracked agri-
cultural or forestry tractor having at least two axles and
a maximum design speed of not less than 6 km/h, the
main function of which lies in its tractive power and
which has been especially designed to pull, push, carry
and actuate certain interchangeable equipment designed
to perform agricultural or forestry work, or to tow agri-
cultural or forestry trailers; it may be adapted to carry a
load in the context of agricultural or forestry work and/or
may be equipped with passenger seats;

‘trailer’ means any towed agricultural or forestry trailer
intended mainly to carry loads and designed to be towed
by a tractor for agricultural or forestry purposes; trailers of
which part of the load is borne by the drawing vehicle fall
within this category; any vehicle coupled to a tractor and
be
shall
permanently
assimilated to an agricultural or forestry trailer if
the
ratio of
the technically permissible gross mass to the
unladen mass of that vehicle is equal to or greater than
3,0 and if the vehicle has not been designed to process
materials;

incorporating

implement

an

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(l)

‘interchangeable towed machinery’ means any instrument
used in agriculture or forestry which is designed to be
towed by a tractor and changes or adds to its functions;
it may include a load platform designed and constructed to
those
any tools and appliances needed for
receive
purposes,
any materials
produced or needed during work; any vehicle intended
to be towed by a tractor and permanently incorporating
an implement or designed to process materials shall be
considered interchangeable towed machinery if the ratio
of the technically permissible gross mass to the unladen
mass of that vehicle is less than 3,0;

temporarily

to store

and

(m) ‘system’ means a set of devices, combined to perform a

specific function in a vehicle;

(n)

intended to be part of a
‘component’ means a device,
vehicle, which may be type-approved independently of a
vehicle;

(o)

(p)

intended to be
‘separate technical unit’ means a device,
part of a vehicle, which may be type-approved separately
but only in relation to one or more specified types of
vehicles;

‘manufacturer’ means the natural or legal person who is
responsible to the EC type-approval authority for all
aspects of
the type-approval process and for ensuring
that
conformity of production,
person be directly involved in all stages of the construction
of a vehicle, system, component or separate technical unit;
the following are also considered to be manufacturers:

regardless of whether

(i) any natural or legal person who, for his/her own use,
designs, has designed, manufactures or has manu-
factured a vehicle, system, component or separate
technical unit;

(ii) any natural or legal person who is responsible for
ensuring compliance with this Directive at the time a
vehicle, system, component or separate technical unit
is placed on the market or enters into service.

A manufacturer's representative is a natural or legal person
established in the Community, duly appointed by the
manufacturer
the
competent authority and to act on his/her behalf, in the
field of this Directive.

represent

vis-à-vis

him/her

to

In the following where reference is made to the term
‘manufacturer’
it must be understood as a manufacturer
or his/her representative;

(q)

‘entry into service’ means the first use for its intended
purpose within the Community of any vehicle which
requires no installation or adjustment by the manufacturer

or a third party designated by him/her prior to its first use;
the date it is registered or placed for the first time on the
market shall be considered the date of entry into service;

(r)

‘EC type-approval authority’ means the authority in a
Member State which is responsible for all aspects of the
approval of a type of vehicle, system, component or
separate technical unit, and which issues and, where
appropriate, withdraws EC type-approvals, serves as the
contact point for the EC type-approval authorities in the
other Member States and checks the measures taken by the
manufacturer in order to ensure product conformity;

(s)

‘technical service’ means the organisation or body that has
been appointed as a testing laboratory to carry out tests or
inspections on behalf of the EC type-approval authority in
a Member State; this function may also be carried out by
the EC type-approval authority itself;

(t)

‘separate directives’ means the directives listed in Annex II,
Chapter B;

(u)

(v)

(w)

(x)

(y)

(z)

‘EC type-approval certificate’ means one of
the forms
appearing in Annex II, Chapter C, or the corresponding
Annex to a separate directive, setting out what information
is to be supplied by the EC type-approval authority;

‘information document’ means one of the forms appearing
in Annex I, or the corresponding Annex to a separate
directive, setting out what information is to be supplied
by the applicant;

in

particular,

‘information folder’ means the complete folder or file
containing,
and
photographs required as per Annex I and supplied by
the applicant to the technical service or EC type-approval
authority as
information document
provided for in a separate directive or in this Directive;

required by the

drawings

data,

the

‘information package’ means the information folder plus
any test reports or other documents that the technical
services or EC type-approval authority has added to the
information folder while carrying out its tasks;

‘index to the information package’ means the document
setting out the contents of the information package which
has been suitably numbered or otherwise marked in order
clearly to identify all pages;

‘certificate of conformity’ means the document set out in
in order to
Annex III, delivered by the manufacturer,
certify that a particular vehicle, approved according to
this Directive, complies with all applicable regulatory
its production and stating
instruments at
that
into service in all
Member States without any additional inspection.

it may be registered or put

the time of

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Article 3

Application for EC type-approval

1.
The manufacturer shall submit an application for vehicle
EC type-approval to the approval authority of a Member State.
It shall be accompanied by an information folder containing
the information required by Annex I.

With regard to the EC type-approval of systems, components
and separate technical units, the information folder shall also
be made available to the EC type-approval authority until EC
type-approval is granted or refused.

In the

2.
information to be supplied shall consist of:

case of multi-stage EC type-approval,

the

(a) at stage one: those parts of the information folder and the
required for a complete
EC type-approval certificates
vehicle which correspond to the state of completion of
the base vehicle;

(b) at the second and subsequent stages: those parts of the
information folder and the EC type-approval certificates
which are relevant to the current stage of construction
the EC type-approval certificate for the
and a copy of
incomplete vehicle
in
addition, the manufacturer shall supply a detailed list of
the changes and additions which he/she has made to the
incomplete vehicle.

the previous

issued at

stage;

3.
The manufacturer shall submit an application for EC
type-approval of a system, component or separate technical
unit to the EC type-approval authority in a Member State. It
shall be accompanied by an information folder as required by
the separate directive.

Applications for EC type-approval of a type of vehicle,
4.
technical unit may be
system,
submitted to only a
single Member State. A separate
application shall be submitted for each type to be approved.

component or

separate

Article 4

The EC type-approval process

1.

Each Member State shall grant:

(a) the EC type-approval to the vehicle types which conform
to the particulars in the information folder and which,
technical
according
in
requirements of all
Annex II, Chapter B;

category, meet
the separate directives

set out

their

the

to

(b) the multi-stage EC type-approval

to incomplete or
completed base vehicles which conform to the particulars
in the information folder and which meet the technical
requirements of all
in
Annex II, Chapter B;

the separate directives

set out

(c) system, component or separate technical unit EC type-
approval to all types of systems, components or separate
technical units which conform to the particulars in the
information
technical
requirements contained in the corresponding separate
directive listed in Annex II, Chapter B.

and which meet

folder

the

Where the system, component or separate technical unit to
be approved fulfils its function or offers a specific feature
only in conjunction with other parts of the vehicle, and
where,
for this reason, compliance with one or more
requirements can be verified only when the system,
component or separate technical unit
to be approved
operates in conjunction with other vehicle parts, whether
real or simulated, the scope of the EC type-approval of the
system, component or separate technical unit must be
restricted accordingly.

component or

In this case, the EC type-approval certificate for such a
system,
shall
indicate any restrictions on its use and any conditions for
fitting it. Observance of these restrictions and conditions
shall be verified at the time of EC type-approval of the
vehicle.

technical unit

separate

2.
If a Member State finds that a vehicle, system, component
or separate technical unit which complies with the provisions
of paragraph 1 is nevertheless a serious risk to road safety, the
environment or occupational safety, it may refuse to grant EC
type-approval. It shall forthwith notify the other Member States
and the Commission thereof, stating the reasons on which its
decision is based.

For each vehicle type in respect of which they have
3.
granted, refused to grant or withdrawn EC type-approval, the
approval authority in each Member State shall send a copy of
the
the
certificate
attachments specified in Chapter C of Annex II to the type-
approval authorities in the other Member States within one
month.

EC type-approval

accompanied

by

Each month,

the EC type-approval authority in each
4.
Member State shall send a list containing the particulars
shown in Annex VI of the EC type-approvals for systems,
components or separate technical units which it has granted,
refused to grant or withdrawn during the month in question to
the EC type-approval authorities in the other Member States.

authority in another Member State,

These authorities, on receiving an application from the EC
type-approval
shall
immediately send it a copy of the EC type-approval certificate
for
in
the system, component or separate technical unit
question and/or an information package for each type of
system, component or separate technical unit in respect of
which it has issued, refused to issue or withdrawn EC type-
approval.

Article 5

Amendments to EC type-approvals

1.
The Member State which has granted EC type-approval
shall take the necessary measures to ensure that it is informed
of any change in the particulars appearing in the information
package.

2.
An application for amendment of an EC type-approval
shall be submitted exclusively to the Member State which
granted the initial EC type-approval.

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If,

in the case of EC type-approval, any particulars
3.
appearing in the information package have changed, the EC
type-approval authority in the Member State which granted the
initial EC type-approval
the
information package as necessary, marking each revised page
to show clearly the nature of the change and the date of
reissue.

issue revised pages of

shall

A consolidated, updated version of the information package,
accompanied by a detailed description of the amendment, shall
also be considered to meet this requirement.

4.
Each time amended pages or a consolidated, updated
the index to the information package
version are issued,
attached to the EC type-approval certificate shall also be
amended to show the most recent dates of amendment, or
the date of the consolidated, updated version.

5.
The amendment shall be considered to be an ‘extension’
and the type-approval authority in the Member State which
granted the initial EC type-approval shall
issue a revised EC
type-approval certificate bearing an extension number that
clearly states the reason for the extension and its date of
reissue in the following cases:

(a)

if further inspections are required;

the information package or can be derived from it by a simple
calculation.

3.
In his/her capacity as holder of an EC type-approval
certificate for a system, component or separate technical unit,
the manufacturer shall affix to each component or unit manu-
factured in conformity with the approved type the trade name
or mark, the type and/or, if the separate directive so provides,
the EC type-approval mark or number.

in accordance with Article 4(1)(c),

In his/her capacity as holder of an EC type-approval
4.
certificate which,
includes
restrictions on the use of the system, component or separate
technical unit in question, the manufacturer shall provide with
each system, component or separate technical unit detailed
information on these restrictions and shall
indicate any
conditions for fitting it.

Article 7

Registration, sale and entry into service

Each Member State shall register new type-approved
1.
vehicles, permit their sale or permit their entry into service
on grounds relating to their construction and functioning
only if
they are accompanied by a valid certificate of
conformity.

(b) if any information in the EC type-approval certificate, with

the exception of its attachments, has changed;

Each Member State shall permit the sale of incomplete vehicles
but may refuse their permanent registration and entry into
service until such time as they are completed.

(c)

if the requirements of a separate directive which applied on
the date from which first entry into service is prohibited
have changed since the date which currently appears in the
vehicle EC type-approval certificate.

to an information package warrants

If the EC type-approval authority in the Member State
6.
finds that an
which granted the initial EC type-approval
amendment
further
inspections or fresh tests or checks, it shall inform the manu-
facturer accordingly and shall issue the documents referred to
in paragraphs 3, 4 and 5 only after carrying out tests or checks
which have produced satisfactory results.

Article 6

2.
Each Member State shall permit the sale or entry into
service of systems, components or separate technical units
only if these systems, components or separate technical units
comply with the requirements of the corresponding separate
directives and the requirements referred to in Article 6(3).

Article 8

Exemptions

1.
The requirements of Article 7(1) shall not apply to
vehicles intended for use by the armed forces, civil protection,
type-
firefighting or public order
approved in accordance with paragraph 2 of this Article.

to vehicles

services or

Certificate of conformity and EC type-approval mark

In his/her capacity as holder of a vehicle EC type-
1.
approval certificate, the manufacturer shall issue a certificate
of conformity.

2.
Each Member State may, at the request of the manu-
facturer, exempt the vehicles referred to in Articles 9, 10 and
11 from one or more of the provisions of one or more of the
separate directives.

accompany

This certificate, specimens of which are given in Annex III,
shall
or
incomplete, manufactured in conformity with the approved
vehicle type.

vehicle, whether

complete

each

2.
For purposes of vehicle taxation or registration, Member
States may, after giving at least three months notice to the
Commission and the other Member States, require particulars
not mentioned in Annex III to be added to the certificate of
conformity, provided such particulars are explicitly stated in

Every year, the Member States shall send the Commission and
other Member States a list of the exemptions granted.

Article 9

Vehicles produced in small series

For vehicles produced in small series, the number of vehicles
registered, offered for sale or put into service each year in each
Member State shall be limited to the maximum number of
units indicated in Annex V, section A.

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Every year, the Member States shall send the Commission a list
of the EC type-approvals of these vehicles. The Member State
granting such an EC type-approval shall send a copy of the
information documents and the EC type-approval certificate
its attachments to the approval authorities in the
and all
other Member States designated by the manufacturer, stating
the nature of the exemptions which have been granted. Within
three months, these Member States shall decide whether they
accept the EC type-approval for vehicles to be registered within
their territory and, if so, for how many vehicles.

Article 10

End-of-series vehicles

1.
the
For end-of-series vehicles, Member States may, at
request of the manufacturer, within the quantitative limits set
out in Annex V, section B, and for the limited period specified
in the third subparagraph, register and permit the sale or entry
into service of new vehicles that conform to a type of vehicle
the approval of which is no longer valid.

The first subparagraph shall apply solely to vehicles which:

(a) are on Community territory, and

(b) are accompanied by a valid certificate of conformity issued
when the EC type-approval of the vehicle in question was
still valid, but which was not registered or placed in service
before the said approval lost its validity.

This option shall be restricted to a period of 24 months for
complete vehicles and 30 months for completed vehicles from
the date of expiry of the EC type-approval.

2.
In order to apply paragraph 1 to one or more types of
vehicles in a specific category, their manufacturer must submit
a request to the competent authorities in each Member State
affected by the entry into service of that type of vehicle. The
request must specify the technical and/or economic grounds on
which it is based.

Within three months, these Member States shall decide whether
or not to authorise the registration of the type of vehicle in
question in their territory, and if so for how many vehicles.

Each Member State affected by the entry into service of these
types of vehicles shall be responsible for ensuring that their
manufacturer complies with Annex V, section B.

Article 11

Incompatibility of vehicles, systems, components or
separate technical units

For vehicles, systems, components or separate technical units
designed in accordance with techniques or principles that are
incompatible with one or more of the requirements of one or
more of the separate directives:

(a) a Member State may grant a provisional EC type-approval.
In this case, it must, within one month, send a copy of the

EC type-approval certificate and its attachments to the
approval authorities in the other Member States and to
the Commission. At
it shall send the
Commission a request for authorisation to grant EC type-
approval under this Directive.

the same time,

That request must be accompanied by a file containing the
following information:

(i) the reasons for which the techniques or principles at
issue make the vehicle, system, component or separate
technical unit incompatible with the requirements of
one or more of the relevant separate directives;

(ii) a description of the safety, environmental protection or
the action

occupational safety issues raised and of
taken;

(iii) a description of the tests, together with their results,
which show that the level of safety, environmental
protection and occupational safety guaranteed is at
least equivalent to that guaranteed by the requirements
of one or more of the relevant separate directives;

submit

(b) within three months of receipt of the complete file, the
a draft decision to the
Commission shall
In accordance
committee referred to in Article 20(1).
with the procedure referred to in Article 20(2),
the
Commission shall decide whether or not to authorise the
Member State to grant an EC type-approval under this
Directive.

Only the request for an authorisation and the draft decision
shall be sent
to the Member States in their national
language(s);

(c)

if the request is approved, the Member State may grant an
EC type-approval under this Directive.
In this case, the
decision must also state whether restrictions are to be
imposed on the validity of such EC type-approvals. In no
case shall the period of validity of the EC type-approval be
less than 36 months;

(d) where

in such a way that

separate directives have been adapted to
the
technical progress
the types of
vehicles, systems, components or separate technical units
approved under this Article comply with the amended
directives, the Member States shall convert those EC type-
approvals into EC type-approvals which comply with this
the necessary
Directive, allowing the time needed for
changes to components or separate technical units,
in
particular, the removal of any references to restrictions or
exemptions;

(e)

if the action needed to adapt the specific separate directives
has not been taken, the validity of the EC type-approvals
granted under this Article may be extended, at the request
of the Member State having granted the EC type-approval,
by means of another Commission decision;

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(f) an exemption granted for the first time under this Article
can serve as a reference for the Committee referred to in
Article 20(1) for further, identical requests.

Article 15

Safeguard clauses

Article 12

Equivalence

acknowledge

the Council may

Acting by a qualified majority on a proposal from the
1.
equivalence
Commission,
between the conditions or provisions for EC type-approval of
vehicles, systems, components and separate technical units
established by this Directive
together with the separate
directives, and the procedures established by international regu-
lations or regulations of third countries in the framework of
multilateral agreements or bilateral agreements between the
Community and third countries.

The equivalence of EC type-approvals issued on the basis
2.
of
the separate directives on motor vehicles as defined in
Directive 70/156/EEC and set out in Annex II, Chapter B,
part II.A of this Directive, is acknowledged.

The equivalence of type-approvals issued on the basis of
3.
the UN/ECE regulations which are annexed to the revised 1958
Agreement set out in Annex II, Chapter B, part II.B of this
Directive, is acknowledged.

4.
The equivalence of the test bulletins issued on the basis of
the standardised OECD codes set out in Annex II, Chapter B,
part II.C of this Directive is acknowledged as an alternative to
the test reports drawn up under the separate directives.

Article 13

Arrangements to ensure conformity of production

A Member State granting an EC type-approval shall take
1.
the measures referred to in Annex IV in relation to that
approval to verify, where appropriate in cooperation with the
EC type-approval authorities in the other Member States, that
adequate arrangements have been made to ensure that the
separate technical units
vehicles,
produced conform to the approved type.

systems, components or

2.
A Member State which has granted an EC type-approval
shall take the measures referred to in Annex IV in relation to
that approval to verify, where appropriate in cooperation with
the EC type-approval authorities in the other Member States,
that the arrangements referred to in paragraph 1 continue to
be adequate and that the vehicles, systems, components or
separate technical units produced continue to conform to the
approved type.

Verification to ensure that products conform to the approved
type shall be limited to the procedures set out in section 2 of
Annex IV.

Article 14

Obligation to provide information

1.
If a Member State establishes that vehicles, systems,
components or separate technical units of a particular type
pose a serious risk to road safety or occupational safety
although they are accompanied by a valid certificate of
conformity or are properly marked, it may, for a maximum
period of six months, refuse to register such vehicles or
prohibit the sale or entry into service in its territory of such
vehicles, systems, components or separate technical units.

It shall
Commission thereof,
decision is based.

forthwith notify the other Member States and the
reasons on which its

stating the

In the

situations described

2.
the
Commission shall enter into consultation with the parties
concerned as soon as possible.

in paragraph 1,

Where, after such consultations, the Commission concludes:

(a) that the measure is justified, it shall immediately inform the
Member State which initiated the action and the other
Member States;

(b) that the measure is not justified, it shall immediately inform
the Member State which initiated the action and the manu-
facturer.

Where the decision described in paragraph 1 is justified
because of a gap in one of
the
decision to maintain it shall be adopted in accordance with
the procedure provided for in Article 20(2).

the separate directives,

Article 16

Failure to conform to the approved type

from the particulars

Failure to conform to the approved type occurs where
1.
in the EC type-approval
deviations
certificate and/or
the information package are found and
where these deviations have not been authorised under
Article 5(3) by the Member State which granted the EC type-
approval.

A vehicle is not to be considered to deviate from the approved
type where the tolerances permitted by separate directives are
met.

2.
If a Member State which has granted EC type-approval
finds that vehicles, systems, components or separate technical
units accompanied by a certificate of conformity or bearing an
EC type-approval mark do not conform to the type it has
approved, it shall take the necessary measures to ensure that
the vehicles, systems, components or separate technical units
produced conform to the approved type.

The competent EC type-approval authorities in the Member
States shall inform each other within one month of any with-
drawal of EC type-approval and of the reasons for any such
measure.

The EC type-approval authority in that Member State shall
inform those of the other Member States and the Commission
of the measures taken, which may extend to withdrawal of EC
type-approval.

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The authority responsible for EC type-approval of the
3.
vehicle shall ask the Member State which granted EC type-
approval of the system, component, separate technical unit
or incomplete vehicle to take the necessary action to ensure
that the vehicles produced conform to the approved type in the
case of:

(b) the changes needed to adapt the technical provisions of the

separate directives; or

(c)

the introduction into the separate directives of provisions
relating to the EC type-approval of separate technical units.

(a) EC vehicle type-approval where non-conformity of a
a

exclusively from non-conformity of

vehicle
system, component or separate technical unit, or

arises

(b) multi-stage EC type-approval where non-conformity of a
completed vehicle arises exclusively from non-conformity
of a system, component or separate technical unit forming
part of the incomplete vehicle, or of the incomplete vehicle
itself.

2.
If, pursuant to Decision 97/836/EC, new regulations or
amendments to existing regulations which the Community has
accepted are introduced, the Commission shall, as a result,
adapt the Annexes to this Directive,
in accordance with the
procedure set out in Article 20(2).

Article 20

Committee

1.

The Commission shall be assisted by a Committee.

shall

It
paragraph 2 shall apply.

forthwith inform the Commission thereof,

and

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Article 17

Verification of non-conformity

If a Member State finds that vehicles, systems, components or
separate technical units accompanied by an EC certificate of
conformity or bearing an EC type-approval mark do not
conform to the approved type, it may ask the Member State
which granted the EC type-approval to verify that the vehicles,
systems, components or separate technical units produced
conform to the approved type.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

Article 21

Notification of the EC type-approval authorities and
technical services

Such action shall be taken as soon as possible, and in any case
within six months of the date of the request.

The Member States shall notify the Commission and the

1.
other Member States of the names and addresses of:

Article 18

(a) the EC type-approval authorities and, where appropriate,

the fields for which they are responsible; and

Notification of decisions and legal remedies available

All decisions
refusing or withdrawing EC type-approval,
refusing registration or prohibiting entry into service or sale
taken pursuant to the provisions adopted in implementation of
this Directive shall state the grounds on which they are based.

All such decisions shall be notified to the party concerned who
shall, at the same time, be informed of the remedies available
to him under the laws in force in the Member States and of the
time limits allowed for the exercise of such remedies.

Article 19

Amendment of the Annexes to this Directive or of the
separate directives

1.
The measures necessary for the implementation of this
Directive relating to the subject matter referred to below shall
be adopted in accordance with the procedure set out in Article
20(2):

(b) the technical services which they have appointed, spec-
ifying for which test procedures each of these bodies has
been appointed.

The technical services notified must meet the harmonised
standard on the operation of testing laboratories (EN —
ISO/IEC 17025:2000) subject to the following conditions:

(i) a manufacturer may be appointed as a technical service
only where this is expressly provided for by separate
directives or alternative regulations;

(ii) the use of outside equipment by a technical service,
with the agreement of the EC type-approval authority,
is authorised.

A notified technical service shall be presumed to meet the

2.
harmonised standard referred to in paragraph 1(b).

(a) the changes needed to adapt the Annexes to this Directive;

or

However, where appropriate,
Member States to provide supporting evidence.

the Commission may ask the

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Official Journal of the European Union

C 84 E/9

Services in third countries may be notified as appointed
3.
technical services only where this is provided for in a bilateral
or multilateral agreement between the Community and the
third country in question.

Article 22

Implementation

The Member States shall adopt and publish the laws,
1.
regulations and administrative provisions necessary to comply
with this Directive by 31 December 2004 at the latest. They
shall forthwith inform the Commission thereof.

They shall apply these provisions from 1 July 2005.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commission the
main provisions of national law which they adopt in the field
covered by this Directive.

Article 23

Enforcement measures for the EC type-approval

As regards vehicles belonging to categories T1, T2 and

1.
T3, Member States shall apply this Directive to:

(a) three years after the date of entry into force of the last
separate directive which must still be adopted for new
types of vehicles;

(b) six years after the date of entry into force of the last
separate directive which must still be adopted for all
vehicles entered into service.

3. Member States may, at the request of the manufacturers,
apply this Directive to new types of vehicle as from the dates
of entry into force of all the related separate directives.

Article 24

Repeal

Directive 74/150/EEC shall be repealed with effect from

1.
1 July 2005.

References to Directive 74/150/EEC shall be construed as
2.
references to this Directive and read in accordance with the
correlation table set out in Annex VIII to this Directive.

Article 25

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Article 26

Addressees

(a) new types of vehicles from 1 July 2005;

This Directive is addressed to the Member States.

(b) all new vehicles entered into service from 1 July 2009.

Done at . . .

For vehicle categories other than those referred to in
2.
paragraph 1, once all the separate Directives for a vehicle
category as defined in Annex II are adopted, Member States
shall apply this Directive:

For the European Parliament

The President

For the Council

The President

C 84 E/10

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Official Journal of the European Union

8.4.2003

LIST OF ANNEXES

Annex I

Model information documents

Annex II:

— Chapter A

Definition of vehicle categories and vehicle types

— Chapter B

List of requirements for the purposes of vehicle EC type-approval

Appendix 1

Definition of special-purpose vehicles and list of requirements for the purposes of vehicle EC
type-approval; applicability of the separate directives to special-purpose vehicles

Appendix 2

Procedures to be followed during vehicle EC type-approval

— Chapter C

Vehicle EC type-approval certificate

Appendix 1

Numbering system for the EC type-approval certificate

Annex III

EC certificate of conformity

Annex IV

Procedures to ensure conformity of production

Annex V

Limits for small-series and end-of-series vehicles

Annex VI

List of EC type-approvals issued under separate directives

Annex VII

Procedures to be followed during multi-stage EC type-approval

Annexe VIII

Correlation table

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ANNEX I

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EN

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C 84 E/13

C 84 E/14

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/15

C 84 E/16

EN

Official Journal of the European Union

8.4.2003

8.4.2003

EN

Official Journal of the European Union

C 84 E/17

C 84 E/18

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/19

C 84 E/20

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/21

C 84 E/22

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/23

C 84 E/24

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/25

C 84 E/26

EN

Official Journal of the European Union

8.4.2003

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EN

Official Journal of the European Union

C 84 E/27

C 84 E/28

EN

Official Journal of the European Union

8.4.2003

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Official Journal of the European Union

8.4.2003

ANNEX II

CHAPTER A

Definition of vehicle categories and vehicle types

A. THE VEHICLE CATEGORIES ARE DEFINED AS FOLLOWS:

1. Category T: Wheeled tractors

— Category T1: wheeled tractors with a maximum design speed of not more than 40 km/h, with the closest axle
to the driver (1) having a minimum track width of not less than 1 150 mm, with an unladen mass, in running
order, of more than 600 kg, and with a ground clearance of not more than 1 000 mm

— Category T2: wheeled tractors with a maximum design speed of not more than 40 km/h, with a minimum
track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg and with
a ground clearance of not more than 600 mm. However, where the height of the centre of gravity of the
tractor (2) (measured in relation to the ground) divided by the average minimum track for each axle exceeds
0,90, the maximum design speed is restricted to 30 km/h

— Category T3: wheeled tractors with a maximum design speed of not more than 40 km/h, and with an

unladen mass, in running order, of not more than 600 kg

— Category T4: special purpose wheeled tractors with a maximum design speed of not more than 40 km/h (as

defined in Appendix 1)

— Category T5: wheeled tractors with a maximum design speed of more than 40 km/h

2. Category C: Track-laying tractors

Track-laying tractors that are propelled and steered by endless tracks and whose categories C1 to C5 are defined
by analogy with categories T1 to T5.

3. Category R: Trailers

— Category R1: trailers, the sum of the technically permissible masses per axle of which does not exceed

1 500 kg

— Category R2: trailers, the sum of the technically permissible masses per axle of which exceeds 1 500 kg but

does not exceed 3 500 kg

— Category R3: trailers, the sum of the technically permissible masses per axle of which exceeds 3 500 kg but

does not exceed 21 000 kg

— Category R4: trailers, the sum of the technically permissible masses per axle of which exceeds 21 000 kg

Each trailer category also includes an ‘a’ or ‘b’ index, according to its design speed:

— ‘a’ for trailers with a maximum design speed below or equal to 40 km/h,

— ‘b’ for trailers with a maximum design speed above 40 km/h.

Example: Rb3 is a category of trailers for which the sum of the technically permissible masses per axle exceeds
3 500 kg but does not exceed 21 000 kg, and which are designed to be towed by a tractor in category T5.

4. Category S: Interchangeable towed machinery

— Category S1:

interchangeable towed machinery intended for agricultural or forestry use, the sum of the

technically permissible masses per axle of which does not exceed 3 500 kg,

— Category S2:

interchangeable towed machinery intended for agricultural or forestry use, the sum of the

technically permissible masses per axle of which exceeds 3 500 kg.

(1) For reversible driver's position tractors (reversible seat and steering wheel), the closest axle to the driver to be considered must be the

one fitted with the biggest diameter tyres.

(2) In accordance with standard ISO 789 — 6:1982.

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Each category of interchangeable towed machinery also includes an ‘a’ or ‘b’ index, according to its design speed:

— ‘a’ for interchangeable towed machinery with a maximum design speed below or equal to 40 km/h,

— ‘b’ for interchangeable towed machinery with a maximum design speed above 40 km/h.

Example: Sb2 is a category of interchangeable towed machinery for which the sum of the technically permissible
masses per axle exceeds 3 500 kg, and which is designed to be towed by a tractor in category T5.

B. DEFINITION OF VEHICLE TYPES

1. Wheeled tractors:

for the purposes of this Directive:

— ‘type’ means tractors of the same category that do not differ in respect of at least the following essential

aspects:

— manufacturer,

— manufacturer's type designation,

— essential construction and design characteristics:

— backbone chassis/chassis with side members/articulated chassis (obvious and fundamental differences),

— engine (internal combustion/electric/hybrid),

— axles (number).

— ‘variant’ means tractors of the same type which do not differ in respect of at least the following aspects:

— engine:

— operating principle,

— number and arrangement of cylinders,

— power difference of no more than 30 % (the highest power being no more than 1,3 times the lowest

power),

— cylinder capacity difference of no more than 20 % (the highest figure being no more than 1,2 times

the lowest figure),

— powered axles (number, position, interconnection),

— steered axles (number and position),

— maximum laden mass differing by no more than 10 %,

— transmission (type),

— rollover protection structure,

— braked axles (number).

— ‘version’ of a variant means tractors which consist of a combination of items shown in the information

package in accordance with Annex I.

2. Track-laying tractors: idem wheeled tractors.

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3. Trailers:

— ‘Type’ means trailers of the same category that do not differ in respect of at least the following essential

aspects:

— manufacturer,

— manufacturer's type designation,

— essential construction and design characteristics:

— backbone chassis/chassis with side members/articulated chassis (obvious and fundamental differences),

— axles (number).

— ‘variant’ means trailers of the same type which do not differ in respect of at least the following aspects:

— steering axles (number, position, interconnection),

— maximum laden mass differing by no more than 10 %,

— braked axles (number).

4. Interchangeable towed machinery: idem trailers.

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CHAPTER B

List of requirements for the purposes of vehicle EC type-approval

Part I

List of separate directives

Num-
ber

Subject

Base Directives and
Annexes

Official Journal

1.1.

Maximum laden mass

1.2.

Registration plate

1.3.

Fuel tank

1.4.

Ballast masses

1.5.

Audible warning device

1.6.

Sound level (external)

2.1.

Maximum speed

2.2.

Load platforms

74/151/EEC
(Annex I)

74/151/ECC
(Annex II)

74/151/EEC
(Annex III)

74/151/EEC
(Annex IV)

74/151/EEC
(Annex V)

74/151/EEC
(Annex VI)

L 84, 28.3.1974, p. 25

—

—

—

—

—

74/152/EEC
(Annex, part 1)

L 84, 28.3.1974, p. 33

74/152/EEC
(Annex, part 2)

—

Rear-view mirrors

74/346/EEC

L 191, 15.7.1974, p. 1

Field of vision and windscreen
wipers

74/347/EEC

L 191, 15.7.1974, p. 5

Steering

75/321/EEC

L 147, 9.6.1975, p. 24

Electromagnetic compatibility

75/322/EEC

L 147, 9.6.1975, p. 28

Braking devices

76/432/EEC

L 122, 8.5.1976, p. 1

Passenger seats

76/763/EEC

L 262, 27.9.1976, p. 135

Sound levels (internal)

77/311/EEC

L 105, 28.4.1977, p. 1

10.1.

ROPS

77/536/EEC

L 220, 29.8.1977, p. 1

12.1. Driving seat

78/764/EEC

L 255, 18.9.1978, p. 1

13.1.

Lighting installation

78/933/EEC

L 325, 20.11.1978, p. 16

14.1.

Lighting and light-signalling
devices

79/532/EEC

L 145, 13.6.1979, p. 16

15.1.

Coupling and reversing devices

79/533/EEC

L 145, 13.6.1979, p. 20

16.1.

ROPS (static testing)

79/622/EEC

L 179, 17.7.1979, p. 1

17.1. Operating space, access to the

80/720/EEC

L 194, 28.7.1980, p. 1

driving position

18.1.

Power take-offs

86/297/EEC

L 186, 8.7.1986, p. 19

19.1.

Rear-mounted ROPS (narrow-
track tractors)

86/298/EEC

L 186, 8.7.1986, p. 26

20.1.

Installation of the controls

86/415/EEC

L 240, 26.8.1986, p. 1

3.1.

4.1.

5.1.

6.1.

7.1.

8.1.

9.1.

Applicability
(for T4 and C4 see Appendix 1)

T1

T2

T3

T5

C

(X)

R

(X)

S

(X)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

—

X

X

X

X

X

X

X

X

X

X

X

X

X

X

—

—

X

—

X

X

X

X

—

—

X

X

X

X

X

X

X

X

X

X

X

X

X

X

—

X

X

—

X

X

X

X

—

X

X

—

X

X

X

(X)

X

(X)

(X)

(X)

(X)

(X)

X

—

X

(X)

(X)

(X)

(X)

(X)

X

(X)

(X)

(X)

(X)

(X)

X

(X)

I

I

I

I

I

I

I

I

I

I

(X)

—

I

I

(X)

(X)

I

X

I

I

I

I

I

I

(X)

(X)

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

(X)

—

—

—

—

—

(X)

(X)

—

—

—

—

—

—

—

—

—

(X)

—

—

—

—

—

(X)

(X)

—

—

—

—

—

—

—

(X)

(X)

71/320/EEC

L 202, 6.9.1971, p. 37

—

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Applicability
(for T4 and C4 see Appendix 1)

Num-
ber

Subject

Base Directives and
Annexes

Official Journal

21.1.

Front-mounted ROPS (narrow--
track tractors)

22.1. Dimensions and trailer mass

22.2. Glazing

87/402/EEC

L 220, 8.8.1987, p. 1

89/173/EEC
(Annex I)

89/173/EEC
(Annex III)

L 67, 10.3.1989, p. 1

—

T1

—

X

X

T2

X

X

X

T3

—

X

X

92/22/EEC

L 129, 14.5.1992, p. 11

—

—

—

22.3.

Speed governor

22.4.

Protection of drive components

22.5. Mechanical couplings

22.6.

Statutory plate

22.7.

Trailer-brake coupling

89/173/EEC
(Annex II (1))

89/173/EEC
(Annex II (2))

89/173/EEC
(Annex IV)

89/173/EEC
(Annex V)

89/173/EEC
(Annex VI)

—

—

—

—

—

23.1.

Pollutant emissions

2000/25/EC

L 173, 12.7.2000, p. 1

24.1.

Tyres (1)

25.1.

Stability (1)

(. . ./. . ./EC)

(. . ./. . ./EC)

26.1.

Seat-belt attachment points

76/115/EEC

L 24, 30.1.1976, p. 6

27.1.

Safety belts

77/541/EEC

L 220, 29.8.1977, p. 95

28.1.

Reverse and speedometer

75/443/EEC

L 196, 26.7.1975, p. 1

29.1.

Spray-suppression systems

91/226/EEC

L 129, 14.5.1992, p. 11

30.1.

Speed limitation devices

92/24/EEC

L 129, 14.5.1992, p. 154

31.1.

Rear protective structures (1)

(. . ./. . ./EC)

32.1.

Lateral protection

89/297/EEC

L 124, 5.5.1989, p. 1

Definition:

X = applicable as is
(X) = applicable in amended form (2)
SD = separate directive
— = not applicable
I

= same as T according to the category

X

X

X

X

X

X

X

—

X

—

—

—

—

—

—

X

X

X

X

X

X

X

—

X

—

—

—

—

—

—

X

X

X

X

X

X

X

—

X

—

—

—

—

—

—

T5

(X)

(X)

—

X

(X)

(X)

(X)

(X)

(X)

X

X

SD

X

X

X

X

X

—

X

C

I

I

I

—

I

I

I

I

I

X

—

—

X

—

—

—

—

—

—

R

—

S

—

(X)

(X)

—

—

—

—

—

—

—

—

(X)

(X)

(X)

(X)

(X)

(X)

—

(X)

—

—

—

—

(X)

—

SD

(X)

—

(X)

—

—

—

—

—

—

—

—

(1) Pending the adoption of Directives on tyres, stability and rear protective structures, the absence of a separate directive on this does not prevent the granting of the whole

vehicle type-approval.

(2) For EC type-approval to be granted, the brackets must be removed.

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In the following table, the separate directives relating to ‘motor vehicles’ (in the latest version in force on the date of EC
type-approval) may be applied in place of the corresponding separate directives relating to ‘agricultural and forestry
tractors’.

Part II.A

Number given in the table in Part I
(separate directives)

Audible warning device

(External) sound levels

Field of vision and windscreen wipers

Steering

Suppression of radio interference

Braking devices

Rear reflex reflectors

Rear lamps

Direction indicator

Number plate illumination

Headlamps

Dipped-beam headlamps

Front fog lamps

Rear fog lamps

Reversing lamps

Safety glazing

Pollutant emissions

1.5.

1.6.

4.1.

5.1.

6.1.

7.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

22.2.

23.1.

Number of the base
‘motor vehicles’
Directive

70/388/EEC

70/157/EEC

77/649/EEC

70/311/EEC

72/245/EEC

71/320/EEC

76/757/EEC

76/758/EEC

76/759/EEC

76/760/EEC

76/761/EEC

76/761/EEC

76/762/EEC

77/538/EEC

77/539/EEC

92/22/EEC

88/77/EEC

Official Journal

L 329, 25.11.1982, p. 31

L 42, 23.2.1970, p. 16

L 284, 10.10.1978, p. 11

L 133, 18.6.1970, p. 10

L 152, 6.7.1972, p. 15

L 202, 6.9.1971, p. 37

L 262, 27.9.1976, p. 32

L 262, 27.9.1976, p. 54

L 262, 27.9.1976, p. 71

L 262, 27.9.1976, p. 85

L 262, 27.9.1976, p. 96

—

L 262, 27.9.1976, p. 122

L 220, 29.8.1977, p. 60

L 220, 29.8.1977, p. 72

L 129, 14.5.1992, p. 11

L 36, 9.2.1988, p. 33

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Part II.B

The following Regulations, taken from the Annex to the Revised 1958 Agreement and recognised in their latest versions
by the Community in its capacity as a contracting party to the said Agreement on the date of EC type-approval
according to the corresponding separate directive, may be applied in place of the corresponding separate directives
on ‘agricultural tractors’ and those on ‘motor vehicles’ in the table of part II.A.

Number given in the table in Part I
(separate directive)

Audible warning device

(External) sound levels

Field of vision and windscreen wipers

Steering

Suppression of radio interference

Braking devices

Lighting installation

Rear reflex reflectors

Rear lamps

Direction indicator

Number plate illumination

Headlamps

Dipped-beam headlamps

Front fog lamps

Rear fog lamps

Reversing lamps

Safety glazing

Pollutant emissions

1.5.

1.6.

4.1.

5.1.

6.1.

7.1.

13.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

14.1.

22.2.

23.1.

(1) Only for the devices referred to in the corresponding directive.
(2) Except for glazed windscreens.
(3) Only with regard to the stages referred to in the corresponding directive.

Number of the UN/ECE Regulation

R 28

R 51

R 71

R 79

R 10

R 13

R 86 (1)

R 3

R 7

R 6

R 4

R 1-R 8-R 20-R 98

R 1-R 8-R 20-R 98

R 19

R 38

R 23

R 43 (2)

R 49 — R 96 (3)

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Part II.C

Correspondence with the OECD standardised codes

The test bulletins (complete) which conform to the OECD codes given below may be used in place of the test reports
drawn up in compliance with the corresponding separate directives.

Subject

OECD codes (1)

Number given in the Table in
Part I
(separate directives)

10.1.

77/536/EEC

Official tests on the protection structures of agricultural or
forestry tractors (dynamic testing)

16.1.

79/622/EEC

Official tests on protective structures for agricultural or forestry
tractors (static test)

19.1.

86/298/EEC

Official
narrow-track wheeled agricultural or forestry tractors

tests on the rear-mounted protection structures of

21.1.

87/402/EEC

Official tests on protection structures mounted on the front of
narrow-track wheeled agricultural or forestry tractors

SD

Official tests on the protection structures of agricultural or
forestry track-laying tractors

(1) Decision C(2000) 59/final, as amended by C(2001) 15, C(2001) 267 and C(2002) 17.
SD: to be covered by a separate directive.

Code 3

Code 4

Code 7

Code 6

Code 8

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Appendix 1

P a r t I

Definition of special-purpose vehicles and list of requirements for the purposes of vehicle EC type-approval

Owing to the need to operate in specific situations, the following special-purpose vehicles exist:

1.

T4 tractors

1.1. T4.1. High-clearance tractors

Tractors designed for working with high-growing crops, such as vines. They feature a raised chassis or section of
chassis, enabling them to advance in parallel with the crop with left and right wheels on either side of one or more
rows of the crop. They are intended for carrying or operating tools, which may be fitted at the front, between the
axles, at the rear or on a platform. When the tractor is in working position the ground clearance perpendicular to
the crop rows exceeds 1 000 mm. Where the height of the centre of gravity of the tractor (1) (measured in relation
to the ground, using the tyres normally fitted), divided by the average minimum track of all of the axles exceeds
0,90, the maximum design speed must not exceed 30 km/h.

1.2. T4.2. Extra-wide tractors

Tractors characterised by their large dimensions, primarily intended for working large areas of farmland.

1.3. T4.3. Low-clearance tractors

Four-wheel drive agricultural or forestry tractors whose interchangeable equipment is intended for agricultural or
forestry use and which are characterised by a supporting frame, equipped with one or more power take-offs,
having a technically permissible mass no greater than 10 tonnes, and for which the ratio of this mass to the
maximum unladen mass in running order is less than 2,5. Moreover, the centre of gravity of these tractors (1)
(measured in relation to the ground, using the tyres normally fitted) is less than 850 mm..

2.

Category C4

C4.1.: Tracked high-clearance tractors: defined by analogy with category T4.1.

(1) In accordance with ISO standard 789-6:1982.

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P a r t I I

Applicability of the separate directives to special-purpose vehicles

Number

Subject

1.1.

Maximum laden mass

1.2.

Registration plate

1.3.

Fuel tank

1.4.

Ballast masses

1.5.

Audible warning device

1.6.

Sound level (external)

2.1.

Maximum speed

2.2.

Load platforms

3.1.

4.1.

5.1.

6.1.

7.1.

8.1.

9.1.

Rear-view mirrors

Field of vision and windscreen wipers

Steering

Electromagnetic interference

Braking devices

Passenger seats

Sound levels (internal)

10.1.

ROPS

12.1.

Driving seat

13.1.

Lighting installation

14.1.

Lighting and light-signalling devices

15.1.

Coupling and reversing devices

16.1.

ROPS (static testing)

17.1.

Operating space, access to the driving position

80/720/EEC

18.1.

Power take-offs

19.1.

Rear-mounted ROPS (narrow-track tractors)

20.1.

Installation of the controls

21.1.

Front-mounted ROPS (narrow-track tractors)

22.1.

Dimensions and trailer mass

22.2.

Glazing

22.3.

Speed governor

22.4.

Protection of drive components

86/297/EEC

86/298/EEC

86/415/EEC

87/402/EEC

89/173/EEC,
Annex I

89/173/EEC
(Annex III)

89/173/EEC
(Annex II (1))

89/173/EEC
(Annex II (2))

Base Directives and
Annexes

Applicability

T4.1

T4.2

T4.3

C4.1

74/151/EEC
(Annex I)

74/151/EEC
(Annex II)

74/151/EEC
(Annex III)

74/151/EEC
(Annex IV)

74/151/EEC
(Annex V)

74/151/EEC
(Annex VI)

74/152/EEC
(Annex, point 1)

74/152/EEC
(Annex, point 1)

74/346/EEC

74/347/EEC

75/321/EEC

75/322/EEC

76/432/EEC

76/763/EEC

77/311/EEC

77/536/EEC

78/764/EEC

78/933/EEC

79/532/EEC

79/533/EEC

79/622/EEC

X

X

(X)

(X)

X

X

X

X

X

X

X

X

X

X

X

X

(X)

X

X

X

(X)

(X)

(X)

(X)

X

X

(X)

(X)

X

(X)

(X)

(X)

X

X

(X)

X

(X)

SD

(X)

(X)

X

(X)

SD

(X)

X

—

X

—

(X)

X

X

(X)

X

X

X

(X)

X

X

X

X

X

X

X

(X)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

(X)

(X)

X

—

X

—

X

X

X

X

X

—

X

—

X

X

X

X

(X)

(X)

SD

X

(X)

X

(X)

SD

(X)

(X)

X

(X)

SD

(X)

X

—

X

—

(X)

X

X

(X)

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Number

Subject

Base Directives and
Annexes

Applicability

T4.1

T4.2

T4.3

C4.1

22.5.

Mechanical couplings

22.6.

Registration plate

22.7.

Trailer-brake coupling

23.1.

Pollutant emissions

24.1.

Tyres (1)

25.1.

Stability (1)

Definition:

X = applicable as is
(X) = applicable in amended form (2)
SD = requires separate directive
— = not applicable

89/173/EEC
(Annex IV)

89/173/EEC
(Annex V)

89/173/EEC
(Annex VI)

2000/25/EC

(. . ./. . ./EC)

(. . ./. . ./EC)

X

X

X

X

SD

SD

(X)

X

(X)

X

SD

—

X

X

X

X

X

X

X

X

SD

—

—

SD

(1) Pending the adoption of Directives on tyres and stability, the absence of a separate directive on this does not prevent the granting of

the whole vehicle type-approval.

(2) For EC type-approval, the brackets must be removed.

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Appendix 2

Procedures to be followed during vehicle EC type-approval

1. In the case of an application made pursuant to Article 3 (in accordance with Annex I, model B), the EC type-approval

authority shall:

(a) check that the component EC type-approvals and EC type-approvals issued pursuant to the separate directives are
applicable, and shall arrange for any tests and checks required by any of the separate directives not covered by
such approvals to be carried out;

(b) make sure, by reference to the documentation, that the vehicle specification(s) and data contained in part I of the
vehicle information document are included in the data in the information packages or the approval reports for
the relevant separate directive approvals and, when an item number in part I of the information document is not
included in the information package for any of the separate directives, confirm that the relevant part or char-
acteristic conforms to the particulars in the information folder;

(c) carry out or arrange to have carried out, on a selected sample of vehicles from the type to be approved,
inspections of vehicle parts and systems to verify that
in accordance with the
relevant data contained in the authenticated information package in respect of all separate directive approvals;

the vehicle(s)

is/are built

(d) carry out or arrange to have carried out relevant installation checks in respect of separate technical units where

applicable.

2. The number of vehicles to be inspected for the purposes of paragraph 1(c) shall be sufficient to permit the proper

examination of the various combinations to be approved in accordance with the following criteria:

engine,

gearbox,

powered axles (number, position, interconnection),

steered axles (number and position),

braked axles (number),

rollover protection structure.

3. In the case of an application made pursuant to Article 3 (in accordance with Annex I, model A), the EC type-

approval authority shall:

(a) arrange for the necessary tests and checks as required by each of the relevant separate directives;

(b) verify that the vehicle conforms to the particulars in the information folder and that it meets the technical

requirements of each of the relevant separate directives;

(c) carry out or arrange to have carried out relevant installation checks in respect of separate technical units, where

applicable.

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CHAPTER C

Vehicle EC type-approval certificate

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Part II

T e s t r e s u l t s

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Appendix 1

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ANNEX III

EC CERTIFICATE OF CONFORMITY

Part I

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Part II

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ANNEX IV

PROCEDURES TO ENSURE CONFORMITY OF PRODUCTION

1.

INITIAL ASSESSMENT

1.1. Before granting EC type-approval, the EC type-approval authority in a Member State shall verify the existence of
satisfactory arrangements and procedures for ensuring effective checking that components, systems, separate
technical units or vehicles in production conform to the approved type.

1.2. The requirement in point 1.1 must be verified to the satisfaction of the authority granting EC type-approval. This
verification may be carried out on behalf of the authority granting EC type-approval by the EC type-approval
authority in another Member State. In this case, the latter authority shall prepare a statement of compliance
outlining the areas and production facilities it considers to be relevant to the product(s) to be type-approved.

1.3. The EC type-approval authority shall accept the manufacturer's certification to harmonised standard EN ISO
9001:2000 with the permissible exclusion of the requirements related to the concepts of design and development,
point 7.3.
‘Customer satisfaction and continual improvement’ (the scope of which covers the product(s) to be
type-approved) or an equivalent accreditation standard as satisfying the requirements of paragraph 1.1. The
manufacturer shall provide details of the registration and undertake to inform the approval authorities of any
amendments to its validity or scope.

1.4. On receiving a request from the authority of another Member State, the EC type-approval authority shall
forthwith send the statement of compliance referred to in paragraph 1.2 or advise that it is not in a position
to provide such a statement.

2.

CONFORMITY OF PRODUCTION

2.1.

Every vehicle, system, component or separate technical unit type-approved pursuant to this Directive or a
separate directive must be so manufactured as to conform to the type approved by meeting the requirements
of this Directive or of a separate directive appearing in the exhaustive list set out in Annex II, Chapter B.

2.2. When granting EC type-approval, the EC type-approval authority in a Member State shall verify the existence of
adequate arrangements and documented control plans, to be agreed with the manufacturer for each EC type-
approval, for the carrying out at specified intervals of the tests or associated checks that are needed to verify
continued conformity to the approved type, including, where applicable, tests required by the separate directives.

2.3.

The holder of the EC type-approval must, in particular:

2.3.1. ensure the existence of procedures for effectively monitoring that products (vehicles, systems, components or

separate technical units) conform to the EC type-approval;

2.3.2. have access to the testing equipment necessary for checking conformity to each approved type;

2.3.3. ensure that test results are recorded and that the attachments remain available for a period to be determined in

agreement with the EC type-approval authority; this period shall not be greater than 10 years;

2.3.4. analyse the results of each type of test in order to verify and ensure the stability of the product characteristics,

subject to the tolerances inherent in industrial production;

2.3.5. ensure that for each type of product at least the checks prescribed in this Directive and the tests prescribed in the

applicable separate directives appearing in the exhaustive list set out in Annex II are carried out;

2.3.6. ensure that if any set of samples or test pieces is found not to conform at the end of the test in question, further
samples are taken and the tests are repeated. All necessary steps shall be taken to restore conformity of the
corresponding production.

2.3.7. In the case of EC vehicle type-approval, the checks referred to in point 2.3.5 shall be restricted to those verifying

compliance with the specifications set out in the EC type-approval.

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2.4.

The authority which granted EC type-approval may at any time verify the conformity control methods applied in
each production facility. The normal frequency of these verifications shall be in line with the arrangements (if
any) accepted under point 1.2 or 1.3 of this Annex and ensure that the relevant checks are reviewed over a
period appropriate to the confidence required by the competent authority.

2.4.1. At every inspection, the test records and production records shall be made available to the visiting inspector.

2.4.2. Where the nature of the test so permits, the inspector may select samples at random to be tested in the
manufacturer's laboratory (or in the laboratories of the testing body where a separate directive so provides).
The minimum number of samples may be determined according to the results of the manufacturer's own
verification.

2.4.3. Where the level of monitoring is unsatisfactory, or where it seems necessary to verify the validity of the tests
carried out under point 2.4.2, the inspector shall select samples to be sent to the testing body which conducted
the EC type-approval tests.

2.4.4. The EC type-approval authority may carry out any check or test required by this Directive or in the relevant

separate directives appearing in the exhaustive list set out in Annex II, Chapter B.

2.4.5. Where unsatisfactory results are found during an inspection, the EC type-approval authority shall ensure that all

necessary steps are taken to restore conformity of production as rapidly as possible.

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ANNEX V

A. SMALL SERIES LIMITS

The number of units within a type to be registered, placed on sale or put into service per year in each Member State
shall not exceed the value shown below for the vehicle category in question.

Category

Units (for each type)

T

C

R

S

150

50

75

50

B. LIMITS FOR END-OF-SERIES VEHICLES

The maximum number of vehicles of one or several types entering service in each Member State in accordance with the
procedure provided for in Article 10 must not exceed 10 % of the number of vehicles of all the types concerned which
entered service in the two preceding years in the Member State in question, however, may not be less than 20.

Vehicles entering service in accordance with this procedure shall be identified by a specific reference on the certificate of
conformity.

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ANNEX VI

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PROCEDURES TO BE FOLLOWED DURING MULTI-STAGE EC TYPE-APPROVAL

ANNEX VII

1. GENERAL

1.1. The satisfactory operation of the multi-stage EC type-approval process requires concerted action by all the manu-
facturers concerned. To this end, before granting an initial or subsequent stage EC type-approval, the EC type-
approval authority shall ensure that the relevant manufacturers have made suitable arrangements for the supply
and interchange of documents and information such that the completed vehicle meets the technical requirements
of all the relevant separate directives as set out in Annex II, Chapter B.

Such information must include details of relevant system, component and separate-technical-unit EC type-approvals
and of vehicle parts which form part of the incomplete vehicle but are not yet type-approved.

1.2. EC type-approvals in accordance with this Annex are granted on the basis of the current state of completion of the

vehicle type and incorporate all EC type-approvals granted at the previous stage.

1.3. Each manufacturer in a multi-stage EC type-approval process shall be responsible for the EC type-approval and
conformity of production of all systems, components and separate technical units manufactured by him or added
by him to the previously built stage. He shall not be responsible for aspects which have been type-approved in an
earlier stage unless he modifies vehicle parts to such an extent that the previously granted EC type-approval
becomes invalid.

2.

PROCEDURES

In the case of an application made in accordance with Article 4(2), the EC type-approval authorities must:

(a) verify that all relevant separate-directive approvals can be applied to the appropriate standard in the separate

directive;

(b) ensure that all the relevant data, taking account of the state of completion of the vehicle, are included in the

information folder;

(c) by reference to the documentation make sure that the vehicle specification(s) and data contained in part I of the
information folder are included in the data in the information packages or the EC type-approval certificates
issued under the relevant separate directives and, in the case of a completed vehicle, where an item number in
part I of the information folder is not included in the information package of any of the separate directives,
confirm that the relevant part or characteristic conforms to the particulars in the information folder;

(d) on a sample of vehicles from the type to be approved, carry out inspections of vehicle parts and systems to
verify that the vehicle(s) is(are) built in accordance with the relevant data contained in the information package
that has been authenticated in respect of all relevant separate-directive approvals, or arrange for such
inspections to be carried out;

(e) where appropriate, carry out checks on the installation of the separate technical units, or arrange for such

checks to be carried out.

3. NUMBER OF VEHICLES TO BE INSPECTED

The number of vehicles to be inspected for the purposes of paragraph 2(d) shall be sufficient to permit proper
monitoring of the various combinations to be type-approved on the basis of the state of completion of the vehicle
and the following criteria:

— engine,

— gearbox,

— powered axles (number, position, interconnection),

— steered axles (number and position),

— braked axles (number),

— roll-over protection structure.

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4.

IDENTIFICATION OF THE VEHICLE

At the second and subsequent stages, each manufacturer shall affix to the vehicle a plate,
in addition to the
statutory plate required by Council Directive 89/173/EEC of 21 December 1988 on the approximation of the laws
of the Member States relating to certain components and characteristics of wheeled agricultural or forestry
tractors (1).

This plate must be firmly attached, in a conspicuous and readily accessible position on a part not subject to
replacement in use. It must show clearly and indelibly the following information in the order listed:

— manufacturer's name,

— sections 1, 3 and 4 of the EC type-approval number,

— stage of EC type-approval,

— vehicle serial number,

— maximum permitted laden mass of the vehicle,

— maximum towable mass,

— maximum permissible laden mass of the combination (where the vehicle is permitted to tow a trailer) (2),

— maximum permissible mass on each axle, listed in order from front to rear (2),

— maximum permissible vertical load on the coupling point (2).

(1) OJ L 67, 10.3.1989, p. 1; Directive as last amended by Commission Directive 2000/1/EC (OJ L 21, 26.1.2000, p. 16).
(2) Only where the value has changed during the current stage of EC type-approval.

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ANNEX VIII

CORRELATION TABLE

Directive 74/150/EEC

This Directive

Article 1(1)

Article 1(2)

Article 2

Article 3

Articles 4

Article 5(1)

Article 5(2) and 5(3)

Article 6(1), 6(2) and 6(3)

Article 6(4)

Article 7(1)

Article 7(2), first subparagraph

Article 7(2), second subparagraph

Article 8(1)

Article 8(2)

Article 8(3)

Article 9

Article 9 a

Article 10

Article 11

Article 12 and 13

Article 14

Article 15

Article 16

Annex I

Annex II

Annex III

Article 2

Article 1

—

Article 3

Article 4

Article 4(4)

Article 6

Article 5

Article 10

Article 7(1)

Article 15

Article 16(1)

Article 16(2)

Article 14

—

Article 15

Article 4(1)

—

Article 19

Article 20

Article 18

Article 22

Article 26

Annex I

Annex II

Annex III

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The proposed directive is based on Article 95 of the EC Treaty, according to the Article 251 procedure.

On 9 April 2002 (1)
amendments.

the European Parliament approved the Commission proposal without

The Economic and Social Committee delivered an opinion (2) on 29 May 2002.

On 16 December 2002, the Council adopted its Common Position as set out in document 10506/02.

II. OBJECTIVE

This Directive is the final recasting of the Directive 74/150/EEC (3) on the EC type-approval of
agricultural and forestry tractors, extending its scope to new types of tractors, to their trailers and
to interchangeable towed machinery and making EC type-approval mandatory.

III. ANALYSIS OF THE COMMON POSITION AS SET OUT IN DOCUMENT 10506/02

1. General

In the Common Position the Council:

— has modified the wording in recitals 2 and 6, the latter to adapt it to the standard legal text,

— has made some horizontal changes to the terminology used (e.g.

‘equipment’ was replaced by

‘machinery’ throughout the text),

— slightly modified the documents sent from a type-approval authority to other Member States, as

in Article 4(3),

— Article 8 and Article 9 have been merged into a new Article 8,

— recast some of the procedures for dealing with incompatibility (Article 11),

— simplified the safeguard clauses (Article 15),

— modified the wording (Article 20) for the Committee procedure in accordance with the standard

legal text used in these cases,

— extended by six months the deadline to comply with this Directive (Article 22),

— redrafted and expanded Article 23, dealing with enforcement measures,

— increased by 50 % the ceiling for small series and removed limitations on individual EC type-

approval (Annex V).

(1) Opinion T5-0139/2002 (not yet published in the Official Journal).
(2) OJ C 221, 17.9.2002.
(3) OJ L 84, 28.3.1974, p. 10.

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2. New elements contained in the Common Position as compared with the Commission

proposal

Recital 2 — Scope

The added sentence in this recital allows a possible future extension of the regulation to other
agricultural vehicles.

Recital 6 — Implementation measures

The current wording modifies the reference to the Comitology decision in accordance with the
standard legal text used in these cases.

Article 1 — Scope

The scope of the Directive has been amended to encompass all type-approval processes, EC type-
approval being the only one, which will be possible. An explicit reference to Article 2(d) has been
added to better clarify to which vehicles this Directive is applicable. Horizontal terminological
changes have also been made (‘equipment’ has been replaced by ‘machinery’ and ‘towed ploughs’
have been inserted again into the scope).

Article 2 — Definitions

Several definitions have been recast according to the definitions contained in the Motor Vehicles
Directive 70/156/EC. Besides horizontal terminological changes (‘type-approval’ becomes ‘EC type-
approval’, ‘equipment’ is replaced by ‘machinery’, ‘testing body’ is replaced by ‘technical service’, ‘EC
type-approval report’ is replaced by ‘EC type-approval certificate’) some subparagraphs have been
changed to paragraphs.

The definition of manufacturer has been clarified in Article 2(p).

The definition of ‘certificate of conformity’ has been added in Article 2(z).

Article 4(3) — Exchanges among type-approval authorities

Besides horizontal terminological changes, this paragraph was slightly rephrased to indicate which
documents are sent from one type-approval authority to the other type-approval authorities.

Article 9 — Small series

The number of vehicles making up a small series has been increased by half (change in Annex V,
section A).

Article 11 — Incompatibility

Besides horizontal terminological changes, the restriction on the territorial scope of the special
type-approval has been deleted. This special type-approval has now been called ‘provisional type-
approval’ to emphasise that a Member State will not be empowered by this Directive to grant
type-approval to vehicles, systems, components or separate technical units on its own — it will still
have to request an authorisation to the Committee referred to in Article 20(1). With the previous
Directive, Member States had to apply to the Commission in order to recommend a change to the
Directive.

Article 15 — Safeguard clauses

The reference to possible reasons to refuse registration or entry into service has been deleted, so as
not to narrow unduly the scope of this Article.

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Article 20 — Committee procedure

The wording of this Article has been replaced by the standard legal text used in these cases.

Article 22 — Implementation

The implementation deadline has been brought forward from January 2005 to July 2005.

Article 23 — Enforcement measures

This Article has been redrafted in order to:

— establish different implementation timetables according to the vehicle category (inter alia, for
vehicles belonging to the classes T1, T2, T3, Member States no longer need to wait for the
adoption of the separate directives, which are missing in Annex II Chapter B),

— clarify the relation between this Directive and the separate Directives,

— allow Member States to apply this Directive at the earliest at the entry into force of the separate

Directives, should the manufacturers so wish.

IV. CONCLUSION

The Common Position, which has been unanimously adopted by the Council, has been further
simplified to achieve the aims of this Directive, which are to shorten the time to market and, by
harmonising the approval process and introducing the mutual recognition principle in this area,
remove the need to fulfil different national technical requirements.