CELEX: 51976PC0229
Language: en
Date: 1976-06-08
Title: Proposal for amendents to proposal for a Council Directive or the approximation of the laws of the Member States relating to rul-over protection structures presented by the Commission to the Council pursuant to Article 149-2) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 229
Vol. 1976/0077
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
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 ---pagebreak---   COMMISSION OF THE- EUROPEAN COMMUNITIES
                                                                                    COM(76)229 final.
                                                                                     . uz"Ji3 3 els . 8 June 1 v 76 »
                                                                                1 5 JUIN 1978 11         C mJ
                                                                                Sarti du S#créUrtal
                                                        Proposal for amendents»
                                   Proposal
                                         proposal O r? a Council                          J.A/ e
                                prop
                         approximation
                                        i of the laws of the Member States relating to
     Çr "the approximation
                                       l-over* protection structures
                            ,       +r ■* Commission                  the Council pursuant to
           presented by k A
                                 Article 149-2) of the ETC Treaty)
                      1
         r., r \ oof, i' -
     r\/W        '- 2 ; ' •
;7
 ---pagebreak---                                   EXPLANATORY I-EIIORMHJM
              Under tho procedure for the Community-wide typo-approval of
    wheeled agricultural tractors and forestry vehicles , which was the
     subject of Council Directive 74/15O/EEC of 4 Harch 1974 ( l )» the
     Commission transmitted to the Council on 31 December 1974 a proposal
    for a directive on roll-over protection structures ( 2 ).
              In the explanatory memorandum to the proposal , the Commission
    pointed out that there was a gap in this proposal in that it did not
    covor the free movement of devices which were not fixed to the tractor .
    It noted the legal difficulties which would arise in the implementation
    of an administrative procedure for permitting such movement .
              These difficulties were mainly duo to the fact that the roll-over
    protection structure could not be checked without being mounted on the
    typo of tractor for which it was intended . The other parts of a tractor
    which may be granted EEC component type-approval ( rear-view mirror ,
     audible warning devices , lighting systems) are checked without being
    mounted on the tractor . There is therefore a clear separation between
    the responsibilities of the tractor manufacturer and those of the manu­
    facturer of the accessory . When the latter applies the mark of HEC
    conformitj'-, ho is responsible for the conformity of that accessory , while
    the tractor manufacturer , in drawing up the certificate of conformity ,
    accepts responsibility for the conformity of the fitting of that accessory .
( l)OJ N° L 84 , 28 ÎJarch 1974
( 2)C0II(74 ) 2197 , 20 December 1974
 ---pagebreak---                                    - 1 bis -
         However , -this cloar distinction cannot bo made in the cane of
roll-over protection structures since a certain degree of corcsponcibility
must oxist as regards the mounting of the structures on the tractor .
In view of the considerable cost involved in the type-approval tests ,
which are often of a destructive type , it v/as not possible to enforce
a repetition of the testa . The Commission has accordingly tried to
solve tho problem by devising a simple procedure which at the same time
offers sufficient guarantees .
         The proposal for ejnending the initial proposal for a directive
referred to above ( l ) is therefore concerned with a administrative
prooeduro for tho free movement of roll-over protection structures
not mounted on the tractor .
         This procedure is briefly explained in tho hight of tho various
practical caser? which might arise when tho manufacturer of the structure
or the constructor of tho tractor submits a prorotypo of the roll-over
protection structure to the competent authorities . -
1.   Applications for EEC component typo approval and ESC type approval
     arc submitt e d by the manufacturer of the tractor .
     The manufacturer of the tractor submits to the competent authorities
     a protection structure mounted on the tractor for whioh it is intended .
     If the results of the teats are positive , the competent authorities :
                           I
                                                                • • •/• • •
( ly COM(74 ) 2197 fin ., 20 December 1974
 ---pagebreak--- - grant an EEC component type-approval mark.     The test
  report (Annex V) and the EEC component type-approval
  certificate.';(Annex VIl ) are transmitted to the competent
rviauthorities in the other Ilember States ?
– complete the EEXJ type-approval certificate with tho
  abbreviation SD. Thi3 certificate , together with the
  particulars required under Annex IX , is also transmitted
  to the competent authorities of the other Ilember States .
The manufacturer of the tractor is responsible for the conformity
of the safety cab or frame and its attachment to the tractor.
Application for EEC component type-approval is submitted by the
manufacturer of the structure and tho application for EEC vehicle
type-approval is submitted by the manufacturer of the tractor .
The manufacturer of the structure applies to tho competent authorities
for EEC component type-approval and submits a model of the protection
structure mounted on the tractor for which it is intended .   If the
results of the tests are positive , a component type-approval mark
vail be granted. The report (Annex V) and the EEC component
type-approval certificate (Annex VII ) are transmitted to the
competent authorities of the other Ilember States .
The manufacturer of the tractor applies for EEC vehicle type-approval
and submits a tractor complete with safety cab or frame to the
competent authorities . The authorities check whether the component
has been type-approved , whether it is intended for the type of
tractor submitted for type–approval and whether the attachment
complies with the requirements set out in the component type-approval
report . If their findings are positive, the EEC type–approval cert­
ificate is completed with the abbreviation SD. It is forwarded ,
together with the particulars required under Annex IX , to the
competent authorities in the other Member States .
The manufacturer of the structure is responsible for tho conformity
of his structure , and the manufacturer of the tractor is responsible
for its attachment to tho tractor.
 ---pagebreak---                             - 3 -
3• Applicati on for ESC component typo-approval and EEC vohicle
   type-approval are submitt ed b^ t ho manufacturer of tho
    structure
   This case seems hardly feasible under Community legislation
   "because the entire EEC type-approval procedure ( Directivo
   74/150/EEC ) is addressed to the manufacturer of tho tractor.
   However , the question arises as to whether this case requires
   a Community-level solution . At national level , a Member State
   could admit that the complete tractor be marketed on its own
   territory under the responsibility of tho manufacturer of tho
   protection structure only .
4* Free ci rculation of tho roll - -over protection structure only
   Tho free circulation of the structure and its attachment ,
    if they have received EEC component type-approval , is guaran­
   teed. Ilowevor , tho attachment of tho structure to the tractor
   by a salesman or private individual would be covered by
   national legislation .
 ---pagebreak---                                     - 3 DÎ3 -
      Proposal for amendments to the proposal for a Council Directive
      on the approximation of the laws of the Member States relating to
                         roll-over protection structures
"VfHEREAS " clauses
The following "whereas " clause should bo added after the second "vheroas "
  whereas a harmonized type-approval procedure for roll-over protection
  struotures and their attachment to the tractor makes it possible for
   eaoh Member State to check compliance with the common construction
  and testing requirements and to inform the other Member States of
  its findings by sending a copy of the component type-approval cer­
  tificate completed for each type of roll-over protection structure
  and its attachment to the tractors ; whereas the plaoing of an EEC
  type-approval mark on all structures and their attaohments manu­
  factured in conformity with the approved type obviates any need fox*
  technical checks on those structures and their attachments in the
   other Member States :
ARTICLES
The following articles relating to EEC approval of a type of roll-over
protection structure :
                                                      • • •/» • •
 ---pagebreak---                       Article   1
Member States shall grant EEXJ type-approval in respect of any
type of roll-over protection structure and its attachment to the
tractor which satisfies the construction and testing requirements
laid down in Annexes I , II , III , IV and V hereto .
Every Member State which, grants such type-approval shall take the
measures required in order to verify, insofar as is necessary and
if need bo in cooperation with the competent authorities in the
other Member States 7 that production models conform to the
type approved. Such verification shall be carried out by moan3
of spot chocks .
                      Article   2
Member States shall , for each type of roll-over protection
structure and its attachment to the traotor which they approve
pursuant to Article 1 , issue to the manufacturer of a tractor or
the manufacturer of a roll-over protection structure , or their
authorised representatives , an ESC type-approval mark conforming
to the model shown in Annex VI hereto .
Member States shall take all appropriate measures to prevent the use
of marks liable to. create confusion between roll-over protection
structures and their attachments to the tractor which have been
type-approved pursuant to Article 1 and other roll-over protection
structures and attachments .
                      Article   3
No Member State may prohibit the placing on the market of roll-over
protection structures and their attachments to the tractor on ground
relating to their construction or method of functioning if they bear
the EEC type-approval mark,
nevertheless , a Member State may prohibit the placing on the market
of roll-over protection structures and their attachment to the
tractor bearing the EEC type-approval mark which , by their design ,
do not conform to the approved prototype .
 ---pagebreak---  That State shall forthwith:'. inform tho other Member States and the
 Commission of the measures taken , specifying the reason for its
 decision .
                      Article     4
 The competent authorities of the relevant Member State shall
 within one month send to the competent authorities of the other
Member States a copy of the type-approval certificates (conforming
 to the model in Annex VII ), completed for each type of roll-over
protection structure and its attachment to the tractor , which
they approve or refuse to approve .
                      Article     5
If the Member State which has granted EEC type-approval finds that
a number of roll-over protection structures and attachments
bearing the same type-approval mark do not conform to the type
which it has approved , it shall take the necessary measures to
 ensure that production models conform to the approved type . The
competent authorities of that State shall advise those of the other
Member States of the measures taken , which may where necessary
 extend to withdrawal of EEC type-approval . The said authorities
shall take the like measures if they are informed by the competent
authorities of another Member State of such failure to conform .
The competent authorities of Member States shall inform each other
within one month of any withdrawal of EEC type-approval , and of the
reasons for such measure .
                      Article     6
All decisions taken pursuant to the provisions adopted in
implementation of this Directive which refuse or withdraw EEC
type-approval for roll-over protection structures and their
attachment to the tractor , or prohibit the marketing or use , shall
set out in detail the reasons on which they are based.        A decision
shall be notified to the party concerned , who shall at the same tine
be informed of the remedies available to him under the laws in force
in the Member States and of the time limits allowed for the exercise
of such remedies .                                             /
 ---pagebreak---                         - 6 -
                      Article    7
No Member State may refuse to grant EEC type-approval or national
typo-approva.1 of a vehicle on grounds relating to the roll-over
protection structures of their attachment to the tractor if these
hear the EEC type-approval mark and if the requirements laid down
in Annex VIII have "been met . •
                      Article    8
Ho Member State may refuse or prohioit the sale or registration ,
entry into service or use of a vehicle on grounds relating to
the roll-over protection structures and their attachment to the
tractor if these "bear the EEC type-approval mark and if the
requirements laid down in Annex VIII have been met .
                      Article    9
Take Article 1 from Document íy 1692/ 75 (ECO 1$0 )
                      Article 10
Take Article 5 of Document R/I692/75 (ECO 190)
                      Article 11
Take Article 6 from Document R/ 1692/ 75 (ECO 190)
                      Article 12
Take Article 7 from Document 1^/1692/75 (ECO 19^)
                                                        ./«
 ---pagebreak---                    -  7  -
               LIST OF AMEXES
ANUEX  I  Conditions 3br EEC type-approval
A1JMX II  Conditions for testing the strength of the
          roll-over protection structures and of their
          attachment to tractor .
AMEX III  Test procedures
A1®EX IV  Figures
AMEX   V  Test report model
ANHEX VI  Marks
ANNEX VII EEC component type-approval certificate
AŒX VIII  Conditions for EEC type-approval
ANNEX IX  Annex to the EEC type-approval certificate with
          regard to the strength of the roll–over
          protection structures as i*ell as of their
          attachment to tractor .
 ---pagebreak---                             - o -                  Annex I ,  page 1
                          ANNEX     I
              CONDITIONS FOR EEC COIIPONENT TYPE-APPROVAL
Definition of a Roll-Over Protection Structure
(Safety cab/frame )
See Document 1^1692/75 (ECO 190)
  <
General Recmireinents
Soe Document R/l692/ 75 (ECO 190 )
JEryplication for EEC Type-Approval and EES Type-Approval
                                   component
3.1        The application for EEC/type-approval with regard to the
           strength of roll-over protection structures as well as to
           the strength of their attachment to tractor shall "be
           submitted, "by the tractors * manufacturer or "by the manufacturer
           of the roll-over protection structure or by their authorised
           representatives .
3.2        The application of EEC type-approval - see Doc. R/1692/75 (ECO 190)
3.3        See Document 10.692/75 (ECO 190)
                               . component
3.4        The holder of the EEC/type-approval may ask for its extension
•: ■ ••!;. to <S£ho±oiractor. types .    The competent authority which lias
           granted the original EEC component type-approval shall grant
           the extension if the approved roll-over protection structure
           and the type(s ) of tractor for which the extension is asked,
           comply with the following conditions :
           – See Document 1^1692/75 (ECO I90)
Markings
4.1        Every roll–over protection structure conforming to the
           approved-type shall bear the following markings !
4.1.1        the trad© mark or name ;
 ---pagebreak---                                               Armez I.   pago 2
                       -   9  -
4 * 1*2 a component ti^pe-e.pprovE.1 cark conforming "to tne
        nodel in Anr.ox VI ;
4.1.3   serial nunber of the protection strucvure ;
4.1.4   "type or types of tractors for which the protection
        structure is intended.
4.2     All those particulars nust "be entered on a ssall plate .
                                                        /
 ---pagebreak---                           •J^ Q _            Annex II , page 1
                    AHMEX      II
    COMITIONS FOR TESTIITG THE GTRSUGH-I OP THE ROLL-OVER
    PROTECTION STRUCTURES' AND OP THEIR ATSVCfifflT TO TR/VCTOR
1 to 4    See Document R/ 1692/75 (ECO 190 )
5.        Test Report
                                                    component
5.1       The test report shall be annexed to the EEC/type-approval
          certificate of Annex VII . The style and the content of the
          report shall "be as shown in Annex V. The report shall
          include :
5.1.1
 to       Soe Document R/1692/75 (ECO I90 )
5.2 .-^
5,3       If an extension of the EEC component type-approval is
          granted to other tractor types , the report shall include
          the exact reference to the report of the original EEC
          component type-approval as well as exact indications
          relating to the requirements laid down in Item 3.4 of
          Annex I.
 ---pagebreak---                                                   Annex III . page 1
                        -   11    -
                      ANNEX       ni
                    TE3T PROCEDURES
   See Document COM ( 74 ) 2197 Final
                     AïTESX      IV
                      FIGURES
    See Document COM ( 74 ) 2197 Final
                    AIMEX      V
                                     COIffOÎIEîTT
    REPORT MODEL RELATING TO THE EEC /TrPE-^PPROVAL TEST OF -
   A ROLL-OVER PROTECTION STRUCTURE (FPAlffi/CAB (X) ) WISH '
    REGA.RD TO ITS STRENGTH' AS WELL AS TO THE STRENGTH OF ITS
   AmCHKMT TO TRA.CTOR
     CAB/FRAJ4E
     MA.KE
     TRA.CTOR FAKE
                                                         Marne of the compet^r
                                                             test station
     M2DEL
     TEST Î'ÎETHOD                    A/B (x)
     EEC oomponent typo-approval 110 <«
1.   Trade mark or name of frame/cab*
                                                                   •Λ
* Delete items not applicable
 ---pagebreak--- Nans and address of tractor manufacturer or manufacturer
of frame/cab*       ....................a
If applicable , name and address of tractor or cab/frame
manufacturer 's authorized representative
S pecifications of tractor on which the test is carried out
See Document COM(74 ) 2197 Pinal , Items 3.1 - 3*6
                                                                ι
Other tractors to which the component type-approval certificate
applies
SeeSõcument COM ( 74 ) 2197 Pinai , Itens 4*1 - 4*6
Specifications of roll-over protection structure
See Document COM ( 74 ) 2197 1 litems 5*1 ~ 5*5
Test Results
See Document COM(74y 2197 Piñal , Items 6.1 - 6.2 , 7 » 8 , 9 *
                                                           /.
 ---pagebreak---                    AOTE5C VI
                    MARKS
The EEC type-approval mark shall consist of a rectangle
surrounding the lower case letter "e" followed by a number
or distinctive letter identifying the Member State which has
granted the EEC type-approval :
        1    for Germany
        2    for France
        3    for Italy
       4     for the Netherlands
       6     for Belgium
      11     for the United Kingdom
      13     for Luxembourg
      IK     for Denmark
      IRL    for Ireland
It must also include in the vicinity of the rectangle
the EEC type-approval number corresponding to the number
of the EEC type-approval certificate issued for the type of
roll-over protection structure and its attachment to the
tractor .
These markings must be placed in such a way that they are
indelible and clearly legible .
 ---pagebreak---                                                    Annex VI , page 2
                  EKAIIPLE OF AJT EDC TIPE- -APPROVA L L'AIilC '
                                                        a        45
                                                  4 ,
   €   \\
       zj
              -.1
                    /
                    V
                       -     ■
                                    J
                                   JL
                                    3
                                                   »
                                                   3
                                                   1  '
(1                                  η
                                    3
                                  _i .
    The roll-over protection structure bearing the EEC type-
    approval nark above is type-approved in the United Kin™don ( ll )
    Tinder No , 1471 *                                               /
    *
       The figure ,1 * after letter 'e * and the type-approval
       certificate iruiaber ( l47l ) ar® included solely as examples
 ---pagebreak---                                  1_                    Annex VII , page 1
                             AMEX VII
                   MODEL FOR MI EEC COTIPONEHT TYPEWIPPROVAL CERTIFICATE
                                                     Name of competent
                                                     authority
      Notification concerning the grant , refusal , withdrawal or extension
      of EEC type-approval with regard to the strength of roll-over
      protection structures ( cab/frame*) as well as to the strength
      of their attachment to tractor .
      EEC Component type-approval no .                    ........
                         ....................      extension (**)
1.    Trade name or mark of cab/frame* ••••••*.••
2.    Name and address of manufacturer of cab/frame"*
3.    If applicable , name and address of manufacturer 's authorised
      représentative ••...•......•.••. é .. ......                         »
4.    Type , trade mark and name of tractor for which cab/frame* is intended :
                    component
5 . ■ Extension of EEC /type-approval to (*) following tractor type(s)s ....
5.1 The unballasted weight , as defined in item 1.3 of Annex II , exceeds/
      does not exceed (*) the reference weight used for the test by more
      then 5/^
5.2 The method of attachment and points of attachment are/are not (*)
      identical in all respects
5.3 All the components likely to serve as supports for the roll-over
      protection structure are/are not (*) identical in all respects ....
                      conponont
6.    Submitted for EEC /type-approval on
7.    Test station
                                                                        -    7
  f*) Delete items not applicable
  (**) State , if appropriate , whether this is the first , second , etc .
       extension of the original EEC type-approval .
 ---pagebreak---                             - 16 -              Annex VII - p.2
8»   Date and number of the report of the test station
9.   Date of grant/refusal/withdrawal of the EEC component type
     approval (*)
10 . Date of grant/rofusal/withdrawal of the oxtension of the
     EEC component type approval (*)
11 . Place
12 . Date
13 . The following documents , hearing tne component type approval
     number shown above , are annexed to this certificate : report
     of the teat station (*)
14 . Remarks , if any :
15 . Signature                                   «
(*) Delete where inapplicable
 ---pagebreak---                                                    Annex VIII , page 1
                            -   17  -
                          AÏÏÏÏEX VIII
                  CONDITIONS FOR EEC TYPE-APPROVAL
1.  The application for EEC type-approval of a tractor , with
    regard to the strength of roll-over protection structures and
    the strength of their attachment to the tractor , Ghall be
    submitted by the (tractor 's manufacturer or by his authorised
    representative#
2.  A tractor representative of the tractor type to be approved , on
    which a protection' otructura and . its attachment , duly approvod,
    are mounted , shall be submitted to the technical service responsible
    for conducting the type-approval tests ,
3.  The technical service responsible for conducting the type-approval
    tests shall check whether the approved typo of protection structure
    is intended to be mounted on the type of tractor for which the type-
    approval is requested. In particular , it shall ascertain that the
    attachment of the protection structure corresponds to that which was
    tested when the EEC component type-approval was granted,
4«  The holder of the EEC type-approval may ask for its extension to other
    types of protection structures .
5»  The competent authority shall grant such extension on the following
    conditions :
5,1 the new type of roll-over protection structure and its attachment
    to the tractor have received EEC component type-approval ;
5«2 it is designed to be mounted on the type of tractor for which the
    extension of the EEC type-approval is requested ;
5,3 the attachment of the protection structure to the tractor corresponds
    to that which was tested when EEC component type-approval was granted .
6,  A certificate , of which the model is shown in Annex IX , shall be
    annexed to the EEC type-approval certificate for each type-approval
    extension which has been granted or refused,                        /
 ---pagebreak---                         -  18               Annox VIII . pago 2
If the application for EEC type-approval of a tractor is
introduced at the sane tine as the request for EEC component
type-approval for a type of roll-over protection structure
intended to "be mounted on the type of tractor for which EEC
type-approval is requested , the tests laid down in Sections 2.2
and 2.3 will not "be conducted .
 ---pagebreak---                                           Annex IX , pags 1
                   -   19   -
                  &MEX.    IX
klWZX. TO THE EEC TYPE-APPROVAL CERTIFICATE WITH
REGARD TO THE STRENGTH OP ROLL-OVER PROTECTION
STRUCTURE (FRAME/CAB (X) ) AS WELL AS TO THE
STRENGTH OP THEIR ATTACHMJ2TT TO TRA.CTOR
Soe Document COM ( 74 ) 2197 Final
             BB«ieBanBccssacassCTa«a