Proposal for a Directive of the European Parliament and of the Council relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (Codified version)
Date: 2007-10-11
Institutions: European Commission
Subjects: codification of EU law, metrology, noise, noise level, technical standard, tractor

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.10.2007 
COM(2007) 588 final 

2007/0205 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to the driver-perceived noise level of wheeled agricultural or forestry tractors 

(Codified version) 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this was a minimum requirement and that departments should endeavour to codify at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules were clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

The  purpose  of  this  proposal  is  to  undertake  the  codification  of  Council 
Directive 77/311/EEC  of  29  March  1977  on  the  approximation  of  the  laws  of  the 
Member States relating to the driver-perceived noise level of wheeled agricultural or 
forestry tractors3. The new Directive will supersede the various acts incorporated in 
it4; this proposal fully preserves the content of the acts being codified and hence does 
no more than bring them together with only such formal amendments as are required 
by the codification exercise itself. 

1 
2 
3 

4 

COM(1987) 868 PV. 
See Annex 3 to Part A of these Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex IV, part A of this proposal. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 77/311/EEC and the instruments amending it, 
carried out by the Office of Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex V to the codified Directive. 

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2007/0205 (COD) 

(cid:208) 77/311/EEC (adapted) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

relating to the driver-perceived noise level of wheeled agricultural or forestry tractors 

(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, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(1) 

(2) 

1 
2 
3 

4 
5 

(cid:208)  

Council Directive 77/311/EEC of 29 March 1977 on the approximation of the laws of 
the Member States relating to the driver-perceived noise level of wheeled agricultural 
or forestry tractors3 has been substantially amended several times4. In the interests of 
clarity and rationality the said Directive should be codified. 

for 

in  Council  Directive  74/150/EC,  as 

Directive  73/311/EEC  is  one  of  the  separate  Directives  of  the  EC  type-approval 
replaced  by 
system  provided 
Directive 2003/37/EC of the European 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  Directive  74/150/EEC5  and 
technical  prescriptions 
concerning the design and construction of agricultural or forestry tractors, as regards 

lays  down 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 105, 28.4.1977, p. 1. Directive as last amended by Commission Directive 2006/26/EC (OJ L 65, 
7.3.2006, p. 22). 
See Annex IV, Part A. 
OJ L 171, 9.7.2003, p. 1. Directive as last amended by Directive 2006/96/EC (OJ L 363, 20.12.2006, 
p. 81). 

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driver-perceived noise level. Those technical prescriptions concern the approximation 
of the laws of the Member States to enable the EC-type approval procedure provided 
for  in  Directive 2003/37/EC  to  be  applied  in  respect  of  each  type  of  tractor. 
Consequently,  the  provisions  laid  down  in  Directive  2003/37/EC  relating  to 
agricultural and forestry tractors, their trailers  and interchangeable towed machinery, 
together  with  their  systems,  components  and  separate  technical  units,  apply  to  this 
Directive. 

(3) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
concerning  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex IV, Part B, 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 77/311/EEC 

Article 1 

1.  For  the  purposes  of  this  Directive,  ‘agricultural  or  forestry  tractor’  means  any  motor 
vehicle, fitted with wheels or endless tracks and having at least two axles, the main function 
of  which  lies  in  its  tractive  power  and  which  is  specially  designed  to  tow,  push,  carry  or 
power certain tools, machinery or trailers intended for agricultural or forestry use. It may be 
equipped to carry a load and passengers. 

2. This Directive shall apply only to tractors defined in paragraph 1 which are equipped with 
pneumatic tyres and have a maximum design speed of between 6 and (cid:206)1 40 km/h . 

(cid:208) 82/890/EEC Art. 1(1) (adapted) 
(cid:206)1 97/54/EC Art. 1 

(cid:208) 77/311/EEC (adapted) 

Article 2 

No Member State may refuse to grant EC type-approval or national type-approval or prohibit 
the  sale,  registration  or  entry  into  service  of  any  tractor  on  grounds  relating  to  the  driver-
perceived noise level if this level is within the following limits: 

– 

– 

90 dB (A) in accordance with Annex I, or 

86 dB (A) in accordance with Annex II. 

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(cid:208) 77/311/EEC 

Article 3 

For  the  purposes  of  this  Directive,  ‘cab’  means  any  structure  built  of  rigid  components, 
transparent or not, which totally encloses the driver and isolates him from the outside, and is 
capable of being kept permanently closed during service. 

Article 4 

Member States shall take all necessary measures to ensure that in both the sales presentation 
and advertising there is nothing to suggest that the tractors have features regarding the driver-
perceived noise level which they do not in fact possess. 

(cid:208) 77/311/EEC (adapted) 

Article 5 

Any  amendments  necessary  to  adapt  the  requirements  of  Annexes  ⌦ I,  II  and  III ⌫  to 
technical  progress  shall  be  adopted  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article ⌦ 20(2) ⌫ of Directive ⌦ 2003/37/EC ⌫. 

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

Article 6 

(cid:208)  

Article 7 

1.  Directive  77/311/EEC,  as  amended  by  the  acts  listed  in  Annex  IV,  Part  A,  is  repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  concerning  the  time-limits  for 
transposition into national law and application of the Directives set out in Annex IV, Part B. 

2. References to the repealed Directive shall be construed as references to this Directive and 
shall be read in accordance with the correlation table in Annex V. 

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Article 8 

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

It shall apply from  

(cid:208) 77/311/EEC Art. 7 

Article 9 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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(cid:208) 77/311/EEC (adapted) 
(cid:206)1 2006/26/EC Art. 2 and 
Annex II 

ANNEX I 

APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT 

1. 

UNIT OF MEASUREMENT AND MEASURING APPARATUS 

1.1. 

Unit of measurement 

Noise level shall be measured in dB with A-weighting, expressed as dB (A). 

1.2. 

Measuring apparatus 

Driver-perceived noise level shall be measured by means of a sound-level meter as 
described  in  the  first  edition  of  Publication  179/1965  of  the  International 
Electrotechnical Commission. 

In the case of variable readings, the average of the maximum values must be taken. 

2. 

CONDITIONS OF MEASUREMENT 

Measurements shall be made under the following conditions: 

2.1. 

2.2. 

2.3. 

2.4. 

the  tractor  must  be  unladen,  i.e.  without  optional  accessories,  but  must  include 
coolant,  lubricant,  full  fuel  tank,  tools  and  driver.  The  latter  may  not  wear  any 
abnormally thick clothing, scarf or hat. There may be no object on the tractor likely 
to distort the noise level; 

the tyres must be inflated to the pressure recommended by the tractor manufacturer, 
the engine, transmission and drive axles must be at normal running temperature and 
radiator blinds when fitted must be kept open during measurements; 

if it is liable to affect the noise level, extra equipment powered by the engine or self-
powered  such  as  windscreen  wipers,  warm  air  fan  or  power  take-off,  for  example, 
may not be in operation when measurements are being made; parts which normally 
operate at the same time as the engine, such as the engine cooling fan, for example, 
must be in operation when measurements are being made; 

the test area must be in an open and sufficiently silent location; it may take the form, 
for instance, of an open space of 50-metre radius, having a central part with a radius 
of at least 20 m which is practically level, or of a level section having a solid track 
with as flat a surface and as few gullies as possible. The track must be as clean and 
dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are 
acceptable  only  if  the  variations  in  noise  level  caused  by  them  lie  within  the  error 
tolerances of the measuring equipment; 

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2.5. 

the surface of the track must be such as not to cause excessive tyre noise; 

2.6. 

2.7. 

the weather must be fine and dry with little or no wind. The driver-perceived ambient 
noise  level  due  to  the  wind  or  other  sources  of  noise  must  be  at  least  10  dB  (A) 
below the noise level of the tractor; 

if  a  vehicle  is  used  for  measurements,  it  must  be  towed  or  driven  at  sufficient 
distance  from  the  tractor  to  avoid  all  interference.  During  measurements  no  object 
interfering with the measurements or reflective surfaces may be located within 20 m 
of each side of the test track and less than 20 m to the front or rear of the tractor. This 
condition  can  be  considered  fulfilled  if  the  variations  in  noise  level  thus  caused 
remain within the error tolerances; if not, the measurements must be discontinued for 
the duration of the interference; 

2.8. 

all measurements in a given series must be carried out on the same track. 

3. 

METHOD OF MEASUREMENT 

3.1. 

The microphone must be located 250 mm to the side of the centre plane of the seat, 
the side being that on which the higher noise level is encountered. 

The  microphone  diaphragm  must  face  forward  and  the  centre  of  the  microphone 
must be 790 mm above and 150 mm forward of the seat reference point described in 
Annex III. Excessive vibration of the microphone must be avoided. 

3.2. 

The maximum noise level in dB (A) shall be determined as follows: 

3.2.1. 

all  openings  (e.g.  doors,  windows)  in  tractors  having  a  closed  series-produced  cab 
structure must be closed during an initial series of measurements. 

3.2.1.1.  During a second series of measurements they must be left open, provided that when 
open they do not create a road safety hazard, but fold-down or fold-up windscreens 
must remain closed; 

3.2.2. 

noise  must  be  measured  using  slow  sound-level  meter  response  at  the  load 
corresponding to the maximum noise in the gear giving the forward speed nearest to 
(cid:206)1 7,5 km/h . 

The  governor  control  lever  must  be  fully  open.  Starting  with  no  load,  the  load 
applied  must  be  increased  until  the  maximum  noise  level  is  found.  After  each 
increase of load, time must be allowed for the noise level to stabilise before making 
the measurement; 

3.2.3. 

noise  must  be  measured  using  slow  sound-level  meter  response  at  the  load 
corresponding  to  the  maximum  noise  in  any  gear  other  than  that  referred  to  in 
⌦ point ⌫ 3.2.2 in which the noise level recorded is at least 1 dB (A) above that 
recorded in the gear referred to in ⌦ point ⌫ 3.2.2. 

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The  governor  control  lever  must  be  fully  open.  Starting  with  no  load,  the  load 
applied  must  be  increased  until  the  maximum  noise  level  is  found.  After  each 
increase of load, time must be allowed for the noise level to stabilise before making 
the measurement; 

3.2.4. 

noise must be measured at the maximum design speed of the unladen tractor. 

3.3. 

The  test  report  shall  include  noise-level  measurements  carried  out  under  the 
following conditions: 

3.3.1. 

in the gear giving the speed nearest to (cid:206)1 7,5 km/h ; 

3.3.2. 

in any gear, if the conditions described in ⌦ point ⌫ 3.2.3 are fulfilled; 

3.3.3. 

at maximum design speed. 

4. 

ASSESSMENT CRITERIA 

The  measurements  described  in ⌦ points ⌫  3.2.1,  3.2.2,  3.2.3  and  3.2.4  may  not 
exceed the values laid down in Article 2. 

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(cid:208) 77/311/EEC (adapted) 
(cid:206)1 2006/26/EC Art. 2 and 
Annex II 

ANNEX II 

APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT 

1. 

UNIT OF MEASUREMENT AND MEASURING APPARATUS 

1.1. 

Unit of measurement 

Noise level shall be measured in dB with A-weighting, expressed as dB (A). 

1.2. 

Measuring apparatus 

Driver-perceived noise level shall be measured by means of a sound-level meter as 
described  in  the  first  edition  of  publication  179/1965  of  the  International 
Electrotechnical Commission. 

In the case of variable readings, the average of the maximum values must be taken. 

2. 

CONDITIONS OF MEASUREMENT 

Measurements shall be made under the following conditions: 

2.1. 

2.2. 

2.3. 

2.4. 

the  tractor  must  be  unladen,  i.e.  without  optional  accessories,  but  must  include 
coolant,  lubricant;  full  fuel  tank,  tools  and  driver.  The  latter  may  not  wear  any 
abnormally thick clothing, scarf or hat. There may be no object on the tractor likely 
to distort the noise level; 

the tyres must be inflated to the pressure recommended by the tractor manufacturer, 
the engine, transmission and drive axles must be at normal running temperature and, 
if the engine has cooling louvres, these must remain completely open; 

if it is liable to affect the noise level, extra equipment powered by the engine or self-
powered  such  as  windscreen  wipers,  warm  air  fan  or  power  take-off,  for  example, 
may not be in operation when measurements are being made; parts which normally 
operate at the same time as the engine, such as the engine cooling fan, for example, 
must be in operation when measurements are being made; 

the test area must be in an open and sufficiently silent location: it may take the form, 
for instance, of an open space of 50-metre radius, having a central part with a radius 
of at least 20 m which is practically level, or of a level section having a solid track 
with as flat a surface and as few gullies as possible. The track must be as clean and 
dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are 
acceptable  only  if  the  variations  in  noise  level  caused  by  them  lie  within  the  error 
tolerances of the measuring equipment; 

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2.5. 

the surface of the track must be such as not to cause excessive tyre noise; 

2.6. 

the weather must be fine and dry with little or no wind. 

The  driver-perceived ambient noise level due to the wind or other sources of noise 
must be at least 10 dB (A) below the noise level of the tractor; 

2.7. 

if  a  vehicle  is  used  for  measurements,  it  must  be  towed  or  driven  at  sufficient 
distance  from  the  tractor  to  avoid  all  interference.  During  measurements  no  object 
interfering with the measurements or reflective surfaces may be located within 20 m 
of each side of the test track and less than 20 m to the front or rear of the tractor. This 
condition  can  be  considered  fulfilled  if  the  variations  in  noise  level  thus  caused 
remain within the error tolerances; if not, the measurements must be discontinued for 
the duration of the intereference; 

2.8. 

all measurements in a given series must be carried out on the same track. 

3. 

METHOD OF MEASUREMENT 

3.1. 

The microphone must be located 250 mm to the side of the central plane of the seat, 
the side being that on which the higher noise level is encountered. 

The microphone diaphragm must face forward and the centre of the microphone shall 
be  790  mm  above  and  150  mm  forward  of  the  seat  reference  point  described  in 
Annex III. Excessive vibration of the microphone must be avoided. 

3.2. 

Noise level shall be determined as follows: 

3.2.1. 

the tractor must travel along the section at the same test speed at least three times for 
at least 10 seconds; 

3.2.2. 

all  openings  (e.g.  doors,  windows)  in  tractors  having  a  closed  series-produced  cab 
structure must be closed during an initial series of measurements. 

3.2.2.1.  During a second series of measurements they must be left open, provided that when 
open they do not create a road safety hazard, but fold-down or fold-up windscreens 
must remain closed; 

3.2.3. 

noise must be measured at the maximum rpm using slow sound-level meter response 
i.e.  in  the  gear  giving  the  speed  nearest  to  (cid:206)1 7,5  km/h   at  the  rated  rpm.  The 
tractor must be unladen when measurements are being made. 

4. 

ASSESSMENT CRITERIA 

The  measurements  described  in  ⌦ points ⌫  3.2.2  and  3.2.3  may  not  exceed  the 
values laid down in Article 2. 

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(cid:208) 77/311/EEC (adapted) 

ANNEX III 

DETERMINATION OF SEAT REFERENCE POINT 

1. 

DEFINITION 

1.1. 

The seat reference point (S) shall be the point in the central longitudinal plane of the 
seat where the tangential plane of the lower backrest and a horizontal plane intersect. 
This horizontal plane cuts the lower surface of the seat-pan board 150 mm in front of 
the seat reference point. 

2. 

DETERMINATION OF SEAT REFERENCE POINT 

2.1. 

2.2. 

The reference point shall be obtained using the device illustrated in figures 1 and 2 of 
the Appendix to this Annex, which makes it possible to simulate loading by a human 
occupant. 

The  seat  must  be  set  at  the  mid  point  of  the  range  allowed  for  vertical  adjustment, 
this  adjustment  being  independent  of  the  horizontal  adjustment.  For  purposes  of 
determining the microphone location referred to in ⌦ point ⌫ 3 of Annexes I and 
II,  the  seat  must  be  at  or  as  near  as  possible  to  the  mid  point  of  the  horizontal 
adjustment range. 

3. 

DESCRIPTION OF THE DEVICE 

3.1. 

3.2. 

The device referred to in ⌦ point ⌫ 2.1 shall consist of a seat-pan board and two 
backrest boards. 

The lower backrest board shall be jointed in the region of the ischium humps (A) and 
loin (B), the joint (B) being adjustable in height (see figure 2). 

4. 

SETTING UP THE DEVICE 

4.1. 

4.2. 

4.3. 

4.4. 

The device shall be set up as follows: 

the device shall be positioned on the seat; 

it shall then be loaded with a force of 550 N at a point 50 mm in front of joint (A), 
and the two backrest boards shall be lightly pressed tangentially against the backrest; 

if it is not possible to determine a definite tangent to the lower area of the backrest, 
the  lower  backrest  board  in  vertical  position  must  be  lightly  pressed  against  the 
backrest; 

in the case of seats with a suspension adjustable to the driver's weight, the suspension 
shall be set so that the seat is at a point equidistant from its two extreme positions. 

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(cid:208) 77/311/EEC 

APPENDIX 

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_____________ 

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(cid:207) 

ANNEX IV 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 7) 

Council Directive 77/311/EEC 
(OJ L 105, 28.4.1977, p. 1) 

Council Directive 82/890/EEC 
(OJ L 378, 31.12.1982, p. 45) 

Only the references made by Article 1(1) 
to Directive 77/311/EEC 

Directive 97/54/EC of the European 
Parliament and of the Council 
(OJ L 277, 10.10.1997, p. 24) 

Commission Decision 96/627/EC 
(OJ L 282, 1.11.1996, p. 72) 

Commission Decision 2000/63/EC 
(OJ L 22, 27.1.2000, p. 66) 

Commission Directive 2006/26/EC 
(OJ L 65, 7.3.2006, p. 22) 

Only the references made by Article 1, 
first indent, to Directive 77/311/EEC 

Only Article 2 and Annex II 

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Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 7) 

Directive 

Time-limit for transposition 

Date of application  

77/311/EEC 

82/890/EEC 

97/54/EC 

2006/26/EC 

1 October 1978 

22 June 1984 

____ 

____ 

22 September 1998 

23 September 1998 

31 December 2006 

____(1) 

___________________________ 
(1) 

In accordance with Article 5 Of Directive 2006/26/EC: 

“1.  With effect from 1 January 2007, with respect to vehicles which comply with the requirements 
laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 89/173/EEC, 
as  amended  by  this  Directive,  Member  States  shall  not,  on  grounds  relating  to  the 
subject-matter of the Directive concerned: 

(a) 

refuse to grant EC type-approval or to grant national type-approval; 

(b) 

prohibit the registration, sale or entry into service of such a vehicle. 

2.  With  effect  from  1  July  2007,  with  respect  to  vehicles  which  do  not  comply  with  the 
requirements laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 
89/173/EEC, as amended by this Directive, and on grounds relating to the subject-matter of the 
Directive concerned, Member States: 

(a) 

shall no longer grant EC type-approval; 

(b)  may refuse to grant national type-approval. 

3.  With  effect  from  1  July  2009,  with  respect  to  vehicles  which  do  not  comply  with  the 
requirements laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 
89/173/EEC, as amended by this Directive, and on grounds relating to the subject-matter of the 
Directive concerned, Member States: 

(a) 

shall consider certificates of conformity which accompany new vehicles in accordance 
with the provisions of Directive 2003/37/EC to be no longer valid for the purposes of 
Article 7(1); 

(b)  may refuse the registration, sale or entry into service of those new vehicles.” 

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ANNEX V 

CORRELATION TABLE 

Directive 77/311/EEC 

This Directive 

Article 1 

Article 2(1), first subparagraph 

Article 2(1), second subparagraph 

Article 2(2) 

Articles 3, 4 and 5 

Article 6(1) 

Article 6(2) 

_____ 

_____ 

Article 7 

Annex I 

Annex II 

Annex III 

_____ 

_____ 

Article 1 

Article 2 

_____ 

_____ 

Articles 3, 4 and 5 

_____ 

Article 6 

Article 7 

Article 8 

Article 9 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

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