Commission Directive 2005/67/EC of 18 October 2005 amending, for the purposes of their adaptation, Annexes I and II to Council Directive 86/298/EEC, Annexes I and II to Council Directive 87/402/EEC and Annexes I, II and III to Directive 2003/37/EC of the European Parliament and of the Council, relating to the type-approval of agricultural or forestry tractors   (Text with EEA relevance)
Date: 2005-10-18
Institutions: European Commission
Subjects: Community certification, agricultural vehicle, safety device, tractor

19.10.2005

EN

Official Journal of the European Union

L 273/17

COMMISSION DIRECTIVE 2005/67/EC

of 18 October 2005

amending, for the purposes of their adaptation, Annexes I and II to Council Directive 86/298/EEC,
Annexes I and II to Council Directive 87/402/EEC and Annexes I, II and III to Directive 2003/37/EC
of the European Parliament and of the Council, relating to the type-approval of agricultural or
forestry tractors

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 86/298/EEC of 26 May
1986 on rear-mounted roll-over protection structures of
forestry tractors (1),
narrow-tracked wheeled agricultural or
and in particular Article 12 thereof,

Having regard to Council Directive 87/402/EEC of 25 June
1987 on roll-over protection structures mounted in front of
the driver's seat in wheeled agricultural or forestry tractors (2),
and in particular Article 11 thereof,

the European
Having regard to Directive 2003/37/EC of
Parliament and of
the Council of 26 May 2003 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 Council
Directive 74/150/EEC (3), and in particular Article 19(1)(a) and
(b) thereof,

(3)

(4)

(5)

(6)

The requirements in Appendix 1 of Annex I to Directive
76/115/EEC for forward facing centre seats of vehicle
category N3 are appropriate for tractors of a maximum
design speed of 40 km/h or less.

On 29 March 2005, the Council of the OECD approved
Decision C(2005) 1, which establishes new versions of
the OECD codes for
the testing of agricultural and
forestry tractors.

It is appropriate to adapt the references to the OECD
in Directives 2003/37/EC, 86/298/EEC and
codes
87/402/EEC in order
to take account of Decision
C(2005) 1 of the OECD Council.

Directives 86/298/EEC, 87/402/EEC and 2003/37/EC
should therefore be amended accordingly.

The measures provided for
in this Directive are in
accordance with the opinion of the Committee estab-
lished under Article 20(1) of Directive 2003/37/EC,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

(1)

Directive 2003/37/EC introduced the fitting of seat belt
anchorages as a new requirement for the agricultural or
forestry whole vehicle type-approval in accordance with
Council Directive 76/115/EEC of 18 December 1975 on
the approximation of the laws of the Member States
relating to anchorages for motor vehicle safety belts (4).
Since Directive 76/115/EEC concerns the type-approval
of different categories of non-agricultural motor vehicles,
it
that
is necessary to specify which requirements of
Directive shall apply to certain agricultural or forestry
tractors.

(1) OJ L 186, 8.7.1986, p. 26. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 220, 8.8.1987, p. 1. Directive as last amended by the 2003 Act

of Accession.

(3) OJ L 171, 9.7.2003, p. 1. Directive as last amended by Commission

Directive 2005/13/EC (OJ L 55, 1.3.2005, p. 35).

(4) OJ L 24, 30.1.1976, p. 6. Directive as last amended by Commission

Directive 96/38/EC (OJ L 187, 26.1.1996, p. 95).

Article 1

Annexes I, II and III to Directive 2003/37/EC are amended in
accordance with Annex I to this Directive.

Article 2

Annexes I and II
accordance with Annex II to this Directive.

to Directive 86/298/EEC are amended in

Article 3

Annexes I and II
accordance with Annex III to this Directive.

to Directive 87/402/EEC are amended in

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Official Journal of the European Union

19.10.2005

Article 4

Article 5

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2005 at
the latest. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

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 publication. Member
States shall determine how such reference is to be made.

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

This Directive shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 18 October 2005.

For the Commission

Günter VERHEUGEN
Vice-President

19.10.2005

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Official Journal of the European Union

L 273/19

ANNEX I

Annexes I, II and III to Directive 2003/37/EC are amended as follows:

1. In Annex I, Part 4, item 3.6.1, the words ‘OECD Code 1 or 2’ are replaced by ‘OECD Code 2’.

2. Annex II is amended as follows:

(a)

in line 26.1, Chapter B, Part I, the words ‘Seat belt attachment points’ are replaced by ‘Seat belt anchorages (3).
___________
(3) The minimum number of anchorage points required for tractors of categories T1, T2, T3, C1, C2 and C3 is
two, established in Annex I, Appendix 1 to Directive 76/115/EEC for forward facing centre seats of vehicle
category N3. The test loads laid down in points 5.4.3 and 5.4.4 of Annex I to that Directive for vehicles of
category N3 shall apply to those tractor categories.’

(b) Part II.C of Chapter B is replaced by the following:

‘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.

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

Subject

OECD codes (*)

10.1.

26.1.

16.1.

26.1.

19.1.

26.1.

21.1.

26.1.

77/536/EEC

76/115/EEC

79/622/EEC

76/115/EEC

86/298/EEC

76/115/EEC

87/402/EEC

76/115/EEC

SD (**)

26.1.

76/115/EEC

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

Official
forestry tractors (static test)

tests on protective structures for agricultural or

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

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

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

Code 3

Code 4

Code 7

Code 6

Code 8

(*) Test bulletins must be in conformity with OECD Decision C(2005) 1. The equivalence of the test bulletins can only be

recognised for seat belt anchorages if these have been tested.
The test bulletins in conformity with the Codes following Decision C(2000) 59 as last amended by Decision C(2003) 252
may be also accepted during a transitional period of one year starting of the date of publication of Decision C(2005) 1 on the
OECD website, i.e. up to 21 April 2006.
(**) SD: to be covered by a separate directive.’

3. In Annex III, Part I.A, item 3.6.1, the words ‘OECD Code 1 or 2’ are replaced by ‘OECD Code 2’.

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Official Journal of the European Union

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ANNEX II

Annexes I and II to Directive 86/298/EEC are amended as follows:

1. In Annex I, point 1 is replaced by the following:

The definitions and requirements of point 1 of Code 7 of OECD Decision C(2005) 1 of 29 March 2005, with

‘1.
the exception of point 1.1, shall apply.’

2. Annex II is replaced by the following text:

‘ANNEX II

Technical requirements

The technical requirements for the EC type-approval of rear-mounted roll-over protection structures of narrow-track
wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 7 of the OECD Decision C(2005) 1
of 29 March 2005, with the exception of points 3.1.4 (Test reports), 3.4 (Minor modifications), 3.5 (Labelling) and 3.6
(Seat belt anchorage performance).’

ANNEX III

Annexes I and II to Directive 87/402/EEC are amended as follows:

1. In Annex I, point 1 is replaced by the following:

‘The definitions and requirements of point 1 of Code 6 of OECD Decision C(2005) 1 of 29 March 2005, with the
exception of point 1.1, shall apply.’

2. Annex II is replaced by the following text:

‘ANNEX II

Technical requirements
The technical requirements for the EC type-approval of roll-over protection structures mounted in front of the driver’s
seat on narrow-track wheeled agricultural or forestry tractors shall be those set out in point 3 of Code 6 of OECD
Decision C(2005) 1 of 29 March 2005, with the exception of points 3.2.4 (Test reports), 3.5 (Minor modifications),
3.6 (Labelling) and 3.7 (Seat belt anchorage performance).’