CELEX: 51979FC0532
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                 on component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    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.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is 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 are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       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.

4.    The purpose of this proposal is to undertake a codification of Council Directive 79/532/EEC of 17 May 1979  on  the  approximation  of  the
       laws of the Member States relating to the component type-approval of lighting and light-signalling  devices  on  wheeled  agricultural  or
       forestry tractors[3]. The new Directive will supersede the various acts incorporated in it[4]; 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.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 79/532/EEC  and
       the instruments amending it, carried out by the Office for 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 III to the codified Directive.

                                            ê 79/532/EEC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

               on the component type-approval of lighting and light-signalling devices on 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 Ö 95 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],

Whereas:

                                            ê .

   1) Council Directive 79/532/EEC of 17 May 1979 on the approximation of the laws of the Member States relating to the  component  type-approval
      of lighting and light-signalling devices on wheeled agricultural or forestry tractors[7] has been substantially amended  several  times[8].
      In the interests of clarity and rationality the said Directive should be codified.

   2) Directive 79/532/EEC is one of the separate Directives of the EC type-approval system provided for in 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/EEC[9] and  lays  down
      technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards to the lighting  and  light-
      signalling devices. These technical prescriptions concern the approximation of the laws of the Member States to  allow  for  the  EC  type-
      approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid
      down in Directive 2003/37/EC relating to vehicle systems, components and separate technical units apply to this Directive.

                                            ê 79/532/EEC Recital 3 and Recital 4 (adapted)

   3) In Directive 78/933/EEC [10] the Council laid down common requirements for the installation of lighting  and  light-signalling  devices  on
      wheeled agricultural or forestry tractors. Such lighting and light-signalling devices possess the same characteristics as those  fitted  to
      motor vehicles. Therefore, devices having received an EC component type-approval mark in accordance with the Directives already adopted  on
      this subject in connection with the Ö EC Õ type-approval of motor vehicles and their trailers may also be used on agricultural tractors.

                                            ê .

   4) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law of the Directives set out in Annex II, Part B,

                                            ê 79/532/EEC (adapted)

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. Ö For the purposes of this Directive, Õ “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.

                                            ê 82/890/EEC Art. 1 (adapted)
                                            è1 97/54/EC Art. 1

2. This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres  and  a  maximum  design  speed  of
between 6 andè1 40 km/h ç.

                                            ê 79/532/EEC (adapted)

                                                                    Article 2

No Member State may refuse to grant EC type-approval or national type-approval of a tractor on grounds relating  to  Ö the  following,  if  these
bear the EC component type-approval mark as provided for in Annex I and are installed in accordance with the requirements laid  down  in  Council
Directive 78/933/EEC[11] Õ :

a)    headlamps which function as main-beam and/or dipped-beam headlamps or to incandescent electric filament lamps for such headlamps,

b)    end-outline marker lamps,

c)    front position (side) lamps,

d)    rear position (side) lamps,

e)    stop lamps,

f)    direction indicator lamps,

g)    reflex reflectors,

h)    rear registration plate lamps,

i)    front fog lamps and filament lamps for such lamps,

j)    rear fog lamps,

k)    reversing lamps,

l)    parking lamps.

                                                                    Article 3

No Member State may refuse the registration, or prohibit the sale, entry into  service  or  use  of  a  tractor  on  grounds  relating  to  Ö the
following, if these bear the EEC component type-approval mark as provided for in Annex I and are installed in accordance  with  the  requirements
laid down in Directive 78/933/EEC Õ :

a)    headlamps which function as main-beam and/or dipped-beam headlamps or to incandescent electric filament lamps for such headlamps,

b)    end-outline marker lamps,

c)    front position (side) lamps,

d)    rear position (side) lamps,

e)    stop lamps,

f)    direction indicator lamps,

g)    reflex reflectors,

h)    rear registration plate lamps,

i)    front fog lamps and filament lamps for such lamps,

j)    rear fog lamps,

k)    reversing lamps,

l)    parking lamps.

                                                                    Article 4

Any amendments necessary to Ö adapt Õ the requirements of Annex Ö I Õ to technical progress shall be adopted in  accordance  with  the  procedure
Ö referred to Õ in Article Ö 20(2) Õ of Directive Ö 2003/37/EC Õ .

Article 5

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

                                            ê .

                                                                    Article 6

Directive 79/532/EEC, as amended by the Directives listed in Annex II is repealed, without prejudice to the  obligations  of  the  Member  States
relating to the time-limits for transposition into national law of the Directives set out in Annex II, Part B.

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

                                                                    Article 7

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

It shall apply from […].

                                            ê 79/532/EEC

                                                                    Article 8

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 79/532/EEC (adapted)

                                                                   ANNEX Ö I Õ

1.    Headlamps which function as main-beam and/or dipped-beam headlamps and incandescent electric filament lamps for such headlamps:

      The EC component type-approval mark is that laid down in [Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws  of
       the Member States relating to motor-vehicle headlamps which function  as  main-beam  and/or  dipped-beam  headlamps  and  to  incandescent
       electric filament lamps for such headlamps[12]].

      The provisions of Directive [76/761/EEC] also apply to the component type-approval  of  special  headlamps  for  agricultural  or  forestry
       tractors designed to provide both a main beam and a dipped beam of less than 160 mm, diameter D, with the following amendments:

       (a)  the minimum illumination values fixed in Ö point Õ 6.3 of [Annex I Ö of Directive 76/761/EEC Õ ] are reduced according to the ratio

                                                              ((D − 45)/(160 − 45))2

            subject to the following absolute lower limits:

              – 3 lux, either at point 75 R or at point 75 L,

              – 5 lux, either at point 50 R or at point 50 L,

              – 1·5 lux, in Zone IV.

           Note: If the apparent surface of the reflector is not circular, the diameter is that of a circle with the same area as  the  apparent
                useful surface of the reflector.

       (b)  the symbol M inside an inverted triangle is affixed on the headlamp instead of the symbol CR provided for in  [  Ö point Õ  4.3.5  of
           Annex VI Ö of Directive 76/761/EEC Õ];

       (c)  Heading 1 of the  component  type-approval  certificate  ([Annex  II  Ö of  Directive  76/761/EEC Õ])  reads  “headlamp  for  wheeled
           agricultural or forestry tractors”.

2.    End-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps:

      The EC component type-approval mark is that laid down in [Council Directive 76/758/EEC 27 July 1976 on the approximation  of  the  laws  of
       the Member States relating to end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps  for  motor
       vehicles and their trailers[13]].

3.    Direction indicator lamps:

      The EC component type-approval mark is that laid down in [Council Directive 76/759/EEC of 27 July 1976 on the approximation of the laws  of
       the Member States relating to direction indicator lamps for motor vehicles and their trailers[14]].

4.    Reflex reflectors:

      The EC component type-approval mark is that laid down in [Council Directive 76/757/EEC of 27 July 1976 on the approximation of the laws  of
       the Member States relating to reflex reflectors for motor vehicles and their trailers[15]].

5.    Rear registration plate lamps:

      The EC component type-approval mark is that laid down in [Council Directive 76/760/EEC of 27 July 1976 on the approximation of the laws  of
       the Member States relating to rear registration plate lamps for motor vehicles and their trailers[16]].

6.    Front fog lamps:

      The EC component type-approval mark is that laid down in [Council Directive 76/762/EEC of 27 July 1976 on the approximation of the laws  of
       the Member States relating to front fog lamps for motor vehicles and filament lamps for such lamps[17]].

7.    Rear fog lamps:

      The EC component type-approval mark is that laid down in [Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws  of
       the Member States relating to rear fog lamps for motor vehicles and their trailers[18]].

8.    Reversing lamps:

      The EC component type-approval mark is that laid down in [Council Directive 77/539/EEC of 28 June 1977 on the approximation of the laws  of
       the Member States relating to reversing lamps for motor vehicles and their trailers[19]].

9.    Parking lamps:

      The EC component type-approval mark is that laid down in [Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws  of
       the Member States relating to parking lamps for motor vehicles[20]].

                                            é

                                                                     ANNEX II

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                            (referred to in Article 6)

|Council Directive 79/532/EEC                                                  |                                                     |
|(OJ L 145, 13.6.1979, p. 16)                                                  |                                                     |
|Council Directive 82/890/EEC                                                |Article 1(1), only as far as it concerns Directive      |
|(OJ L 378, 31.12.1982, p. 45)                                               |79/532/EEC                                              |
|Directive 97/54/EC of the European Parliament and of the Council (OJ L 277, |Article 1, first indent, only as far as it concerns     |
|10.10.1997, p. 24)                                                          |Directive 79/532/EEC                                    |

                                                                      Part B

                                    List of time-limits for transposition into national law [and application]
                                                            (referred to in Article 6)

|Directive                                     |Time-limit for transposition                  |Date of application                           |
|79/532/EEC                                    |21 November 1980                              |                                              |
|82/890/EEC                                    |21 June 1984                                  |                                              |
|97/54/EC                                      |22 September 1998                             |23 September 1998                             |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Directive 79/532/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2, introductory sentence and final wording                   |Article 2, introductory sentence                                     |
|Article 2, indents                                                   |Article 2, points a) – l)                                            |
|Article 3, introductory sentence and final wording                   |Article 3, introductory sentence                                     |
|Article 3, indents                                                   |Article 3, points a) – l)                                            |
|Article 4                                                            |Article 4                                                            |
|Article 5(1)                                                         |-                                                                    |
|Article 5(2)                                                         |Article 5                                                            |
|-                                                                    |Article 6                                                            |
|-                                                                    |Article 7                                                            |
|Article 6                                                            |Article 8                                                            |
|Annex                                                                |Annex I                                                              |
|-                                                                    |Annex II                                                             |
|-                                                                    |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   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.
[4]   See Annex II, Part A of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 145, 13.6.1979, p. 16. Directive as last amended by Directive 97/54/EC of the European Parliament  and  of  the  Council  (OJ  L  277,
      10.10.1997, p. 24).
[8]   See Annex II, Part A.
[9]   OJ L 171, 9.7.2003, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).
[10]  OJ L 325, 20.11.1978, p. 16. Directive as last amended by Directive 1999/56/EC (OJ L 146, 11.6.1999).
[11]  OJ L 325, 20.11.1978, p. 16.
[12]  [OJ L 262, 27.9.1976, p. 96.]
[13]  [OJ L 262, 27.9.1976, p. 54.]
[14]  [OJ L 262, 27.9.1976, p. 71.]
[15]  [OJ L 262, 27.9.1976, p. 32.]
[16]  [OJ L 262, 27.9.1976, p. 85.]
[17]  [OJ L 262, 27.9.1976, p. 122.]
[18]  [OJ L 220, 29.8.1977, p. 60.]
[19]  [OJ No L 220, 29.8.1977, p. 72.]
[20]  [OJ No L 220, 29.8.1977, p. 83.]