CELEX: 51978PC0682
Language: en
Date: 1978-12-07
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 150/74/EEC on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural forestry tractors (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 682
Vol. 1978/0260
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 ---pagebreak--- 0MM1SSI0N OF THE EUROPEAN COMMUNITIES
                                                     COM(78)682 final.
                                                     Brussels , 7 December 1978
                              Proposal for a
                             COUNCIL DIRECTIVE
     amending Directive 150/ 74 / EEC on the approximation of the
     laws of the Member States relating to the type-approval of
                wheeled agri cultura I.<^r\ forestry tractors
                                  t  .,>•
                                                     -
                                (
                                            V *
                                          v
                                          V     v. -  ••
                                  V'         >\*
             ( submitted to the Council by the Commission )
C0MC78 ) 682 final .
 ---pagebreak---                                      - 1 -
                             EXPLANATORY MEMORANDUM
  Council Directive I5O/74/EEC of 4 March 1974 on the approximation of
  the laws of the Member States relating to the type-approval of wheeled
  agricultural or forestry tractors has been in force for several years
  in most of the Member States .
  The experience gained during this period from the Community type-approval
  of tractors pursuant to Directive 15Q/74/EEC has provided greater
  understanding of certain situations which were not clearly defined when
  the Directive was in the course of preparation and for which , therefore ,
  it makes no provision .
  The Commission considers that Directive 15Q/74/EEC should now be amended
  in order to take account of experience gained in the field of type-approval :
  these amendments relate to the legally operative part and the technical     1
  annexes .
i                                              ,
|                             LEGALLY OPERATIVE PART
  Directive I5O/74/EEC shall be amended by a new Article , Article 9a-»
  by an addition to Article 11 :
  Article 9a.
  Experience has shown that certain tractor accessories which are not produced
  by the tractor manufacturer may at present only be submitted for type-approval
  by their manufacturer when fitted to a tractor and on the initiative of the
  tractor manufacturer .  These accessories constitute independant technical
   entities which may be marketed as such provided they are checked by the
  competent authority in accordance with harmonized requirements .
                                                                              /
 ---pagebreak--- .ffhe Commission therefore thought it advisable to introduce into the
 type-approval procedure a provision whereby the manufacturers of such parts
 may themselves apply for type-approval to the competent authority ,
 independently of the tractor manufacturer , thereby obtaining free access       '
 to the market for their equipment in accordance with the provisions of the '
 Directive on type-approval .            ;                                       !
 This possibility is covered by the new Article , 9a .
 Article 11
 The provisions relating to EEC type-approval of technical entities will be
 incorporated in the relevant special Directives using the procedure laid
 down in Article 13 ( Committee on Adaptation to Technical Progress ).
                                   TECHNICAL ANNEXES   ■
 Article 11 of Directive 15Q/74/EEC states that the so-called Committee
 procedure set out in Article 13 of this Directive shall apply in the case
  of amendments introduced to adapt Annex I (Model information document ) and
 Annex II (EEC type-approval certificate ) to technical progress . However ,
 the Commisssion did not consider it necessary to employ this procedure in
  order to amend these Annexes and instead forwarded a proposal for a Directive
  concerning these amendments to the Council .    This was to avoid the publication
  in separate instruments of amendments relating to the same Directive , which ;
 would impair its clarity.                                                         ;
 Examination revealed that certain technical requirements in force in some
 Member States did not appear in the type-approval certificates , which lists
 the tractor parts of characteristics which must be included in the
  approximation of the laws of the Member States before EEC type–approval
  procedure can be introduced .   In particular , these requirements relate to
  the driver 's operating space ( item 7«4»4) and windows ( item 7 • 4>5 ) •
 The Commission recently forwarded proposals for Directives on these questions
  to the Council .
                                                                                     /•
 ---pagebreak--- CONSULTATION OP THE EUROPEALT PARLIAMENT AND THE ECONOMIC AND SOCIAL COMMITTEE
The opinion of these two "bodies is required pursuant to Article 100 ( 2 )
of the Treaty .
 ---pagebreak---                                        - 4 -
                                 Proposal for a
                                COUNCIL DIRECTIVE
amending Directive 150/ 74 / EEC on the approximation of the laws of the
Member States relating to the type-approval of wheeled agricultural or
forestry tractors
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 100 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas at present certain tractor attachments or parts which constitute
a technical entity are already marketed both separately and after being
fitted to a tractor ; whereas in so far as they could also be checked
before being fitted to a tractor , the free movement of these attachments
or parts could be facilitated by the introduction of an EEC type-approval
procedure for these technical entities also ;
Whereas it therefore is advisable to supplement forthwith Council Directive
150/ 74 / EEC ( 1 ) by provisions introducing such a type-approval procedure ;
Whereas EEC type-approval of technical entities to be fitted on tractors
will facilitate the type-approval procedure for tractors by avoiding
repetition of certain checks ; whereas , in addition , it must be possible
to lay down restrictions concerning the use and / or requirements relating
to the fitting of technical entities when EEC type-approval is granted ;
Whereas it must always be possible to adapt the special Directives concerning
the production of technical entities to take account of technical progress
and whereas the procedure laid down in Article 13 of Directive - 150/ 74/ EEC
is appropriate for this purpose ;
           ;                                                                ./.
( 1 ) 0J L 84 of 28.3.1974 , p. 10 .
 ---pagebreak---                                           - 5 »
    Whereas the technical requirements relating to the operating space and
    Xtfin&ows of tractors differ from one Member State to another ;    whereas
    there is a resultant need for all the Member States immediately to
    adopt the same requirements either in addition to or in place of their
    existing regulations ;
    Whereas it is advisable that compliance with these requirements should "be
    supervised under the EEC type-approval procedure for each tractor type
    laid down in Directive I5O/74/EEC ;     whereas it is therefore necessary to
    supplement this Directive "by incorporating the necessary references in
    Annex I (Model information document ) and Annex II (Model EEC type-approval
    certificate ),
    HAS ADOPTED THIS DIRECTIVE :
                                        Article 1
     Council Directive 150/ 74 / EEC is amended as follows :
1 . The following Article is inserted after Article 9 :
    " Article 9a
      1 . EEC type-approval may also he granted for types of tractor attachments
          or parts which constitute a technical entity where this is expressly
          provided for "by special Directives .
      2 . Where the technical entity submitted for approval only fulfils its
          function or exhibits a particular characteristic in combination with
          other tractor parts and where , as a result , compliance with one more
          requirements can only be checked if the technical entity in question
          operates in conjunction with other tractor parts , whether simulated
          or real , the scope of EEC type–approval for the technical entity shall
          be limited accordingly . In this case , the EEC type-approval certificate
           shall mention the restrictions relating to use and any requirements
          relating to fitting ; ■ compliance with these restrictions and requirements
           shall be checked when the tractor is submitted for EEC type-approval .
                                                                                  •/
 ---pagebreak--- 3.    Articles 3 to 9 and Article 14 shall apply mutatis mutandis .
      Nevertheless , the holder of an EEC type-approval certificate for a
      technical entity which has been granted in accordance with the terms
   . of this Article shall both complete the certificate referred to in
      Article 5 ( 2 ) and affix to each entity manufactured in conformity
      with the approved type his trade mark , the type designation and ,
      if the special Directive so provides , the type-approval number ."
The following paragraph is added to Article 11 :
"This procedure shall also apply to the incorporation in a special
Directive of the provisions relating to EEC type-approval for technical
entities ."
The following items are added to Annex I ( Model information document ):
                                        I
- " 8 . 4*4 . ï Operating space " ,
- " 8.4*5 . : Windows ".
The following items are added to Annex IX ( Model EEC type-approval
certificate )     :
– "7 . 4. 4   : Operating space SD " ,
- "7.4.5       : Windows SD".
 ---pagebreak---                                    Article 2
1 . The Member States shall bring into force the provisions necessary in
    order to comply xtfith this Directive within eighteen months following
    its notification and shall forthwith inform the Commission thereof .
2 . As soon as this Directive has "been notified , the Member States shall
    ensure that the Commission is informed , in sufficient time for it to
    submit its comments , of any laws , regulations or administrative
    provisions which they propose to adopt in the field covered by this
    Directive .
                                   Article 3
This Directive is addressed to the Member States .