CELEX: 51997PC0005
Language: en
Date: 1997-01-17
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to the maximum design speed of wheeled agricultural or forestry tractors

COMMISSION OF THE EUROPEAN COMMUNITIES
à it
                                           Brussels, 17 01.1997
                                           COM(97)5 final
                                           96/0129 (COD)
                       Amended proposal for a
     EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
               relating to the maximum design speed
              of wheeled agricultural or forestry tractors
     (presented by the Commission pursuant to Article 189 a (2)
                           of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
Following the opinion of the European Parliament1 of 10 December 1996 on the proposal
for a European Parliament and Council Directive on the maximum design speed of
wheeled agricultural or forestry tractors2 and in accordance with Article 189(a)(2) of the
EC Treaty, the Commission has decided to amend the abovementioned proposal.
The Commission accepts the substance of the amendments to introduce:
   a new recital 5a regarding improvement and harmonization of all safety aspects such
   as the installation of safety belts (amendment 1);
   a new recital 5c to the effect that pollution from tractors should be the subject of future
   Community legislation (amendment 3).
The Commission rejects the amendments to introduce:
- a new recital 5b to the effect that Member Stales should examine the need for the
   introduction of technical controls for tractors at regular intervals (amendment 2).
   The Commission prefers to abide by Article I ()()a of the Treaty, which forms the basis
   of this proposal which is concerned only with design standards for new tractors. Once
   tractors arc in use, their regular technical control comes under Article 75 on transport.
    The Commission can therefore only take due note of Parliament's wish to provide for
   regular controls of this kind and will consider, in the framework of the appropriate
   procedures, what proposals should be drafted;
 - a new Article la dealing with both Community and national type-approval
   requirements for tractors (amendment 4).
   The Commission cannot accept the first three sentences of this amendment, since their
   content is already included in the Directives to be amended by this proposal for a
   Directive, or the fourth sentence, which concerns tractors with speeds in excess of
   40 km/h, which by definition are not covered by that Directive and are the subject of
   national      legislation    in    accordance     with     Article 10 of        framework
   Directive 74/150/EEC. Furthermore, the specifications in the Community Directives
   do not relate to tractors with speeds in excess of 40 km/h.
i   hoc. PF 254 AW.
"   OJC 186, 2A.6.IW6.
 ---pagebreak---   Amended proposal for a European Parliament and Council Directive
on the maximum design speed of wheeled agricultural or forestry tractors
          Initial text                               Amended text
                           (Amendment 1 )
                          New recital 5(a)
                                   whereas it is necessary to improve and
                                   harmonize all safety uspcctà-sueh as the
                                    installation of safety belts:
                           (Amendment 3)
                           New recital 5(c)
                                    whereas pollution from tractors, should be
                                   the subject Ol fuluie Community
                                    legislation.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                             COM(97) 5 final
                                              DOCUMENTS
EN                                                                  15   (17 (13
                                    Catalogue number : CB-CO-97-004-HN-C
                                                             ISUN 92-78-14227-1
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