52003AG0011

Common Position (EC) No 11/2003

adopted by the Council on 16 December 2002

with a view to adopting Directive 2003/.../EC of the European Parliament and of the Council of...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

(2003/C 84 E/01)

(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(1),

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) In connection with the harmonisation of approval procedures, it has become essential to bring the provisions of Council Directive 74/150/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(4) into line with those of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5) and those of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(6).

(2) Directive 74/150/EEC currently limits the scope of the Community type-approval procedure to wheeled agricultural or forestry tractors. It is therefore also essential to extend its scope to other categories of agricultural or forestry vehicles. This Directive is therefore a first step towards the regulation of other agricultural motorised vehicles.

(3) Account should also be taken of the fact that an exemption procedure should be introduced for certain vehicles built in limited numbers, end-of-series vehicles, or those which take advantage of technical progress not covered by a separate directive.

(4) This Directive being based on the principle of total harmonisation, the period before EC type-approval becomes compulsory should be long enough to allow the manufacturers of those vehicles to adjust to the new harmonised procedures.

(5) As a result of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("revised 1958 Agreement")(7), the various international regulations to which the Community has acceded must be complied with. Also, certain tests should be harmonised with those defined by the Organisation for Economic Cooperation and Development (OECD) codes.

(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).

(7) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law.

(8) Directive 74/150/EEC has been variously and substantially amended, and should therefore be recast in the interests of clarity and rationality,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

1. This Directive applies to the type-approval of vehicles, whether built in one or more stages. It applies to vehicles defined in Article 2(d) having a maximum design speed of not less than 6 km/h.

This Directive also applies to the EC type-approval of the systems, components and separate technical units intended for use on such vehicles.

2. This Directive does not apply to:

(a) approval of single vehicles;

However, this procedure may apply to certain categories of vehicles which fall within the scope of this Directive and for which EC type-approval is obligatory;

(b) machinery that has been specially designed for forestry use, such as skidders and forwarders as defined in standard ISO 6814:2000;

(c) forestry machinery based on chassis for earthmoving equipment as defined in standard ISO 6165:2001;

(d) interchangeable machinery that is fully raised from the ground when the vehicle to which it is attached is in use on a road.

Article 2

Definitions

For the purposes of this Directive:

(a) "EC type-approval" means the procedure whereby a Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant technical requirements of this Directive; the EC type-approval of systems, components and separate technical units may also be referred to as "EC component type-approval";

(b) "multi-stage EC type-approval" means the procedure whereby one or more Member States certify that, depending on the state of completion, an incomplete or completed vehicle type satisfies the relevant technical requirements of this Directive;

(c) "approval of single vehicles" means the procedure whereby a Member State certifies that a vehicle approved individually satisfies the national requirements;

(d) "vehicle" means any tractor, trailer or interchangeable towed machinery, whether complete, incomplete or completed, which is intended to be used in agriculture or forestry;

(e) "vehicle category" means any set of vehicles which have identical design characteristics;

(f) "type of vehicle" means vehicles of a particular category which do not differ in the essential respects referred to in Annex II, Chapter A; the different variants and versions of a type of vehicle set out in Annex II, Chapter A are permissible;

(g) "base vehicle" means any incomplete vehicle, the vehicle identification number of which is retained during subsequent stages of the multi-stage EC type-approval process;

(h) "incomplete vehicle" means any vehicle which still needs completion in at least one further stage in order to meet all the relevant requirements of this Directive;

(i) "completed vehicle" means a vehicle resulting from the process of multi-stage EC type-approval which meets all the relevant requirements of this Directive;

(j) "tractor" means any motorised, wheeled or tracked agricultural or forestry tractor having at least two axles and a maximum design speed of not less than 6 km/h, the main function of which lies in its tractive power and which has been especially designed to pull, push, carry and actuate certain interchangeable equipment designed to perform agricultural or forestry work, or to tow agricultural or forestry trailers; it may be adapted to carry a load in the context of agricultural or forestry work and/or may be equipped with passenger seats;

(k) "trailer" means any towed agricultural or forestry trailer intended mainly to carry loads and designed to be towed by a tractor for agricultural or forestry purposes; trailers of which part of the load is borne by the drawing vehicle fall within this category; any vehicle coupled to a tractor and permanently incorporating an implement shall be assimilated to an agricultural or forestry trailer if the ratio of the technically permissible gross mass to the unladen mass of that vehicle is equal to or greater than 3,0 and if the vehicle has not been designed to process materials;

(l) "interchangeable towed machinery" means any instrument used in agriculture or forestry which is designed to be towed by a tractor and changes or adds to its functions; it may include a load platform designed and constructed to receive any tools and appliances needed for those purposes, and to store temporarily any materials produced or needed during work; any vehicle intended to be towed by a tractor and permanently incorporating an implement or designed to process materials shall be considered interchangeable towed machinery if the ratio of the technically permissible gross mass to the unladen mass of that vehicle is less than 3,0;

(m) "system" means a set of devices, combined to perform a specific function in a vehicle;

(n) "component" means a device, intended to be part of a vehicle, which may be type-approved independently of a vehicle;

(o) "separate technical unit" means a device, intended to be part of a vehicle, which may be type-approved separately but only in relation to one or more specified types of vehicles;

(p) "manufacturer" means the natural or legal person who is responsible to the EC type-approval authority for all aspects of the type-approval process and for ensuring conformity of production, regardless of whether that person be directly involved in all stages of the construction of a vehicle, system, component or separate technical unit; the following are also considered to be manufacturers:

(i) any natural or legal person who, for his/her own use, designs, has designed, manufactures or has manufactured a vehicle, system, component or separate technical unit;

(ii) any natural or legal person who is responsible for ensuring compliance with this Directive at the time a vehicle, system, component or separate technical unit is placed on the market or enters into service.

A manufacturer's representative is a natural or legal person established in the Community, duly appointed by the manufacturer to represent him/her vis-à-vis the competent authority and to act on his/her behalf, in the field of this Directive.

In the following where reference is made to the term "manufacturer" it must be understood as a manufacturer or his/her representative;

(q) "entry into service" means the first use for its intended purpose within the Community of any vehicle which requires no installation or adjustment by the manufacturer or a third party designated by him/her prior to its first use; the date it is registered or placed for the first time on the market shall be considered the date of entry into service;

(r) "EC type-approval authority" means the authority in a Member State which is responsible for all aspects of the approval of a type of vehicle, system, component or separate technical unit, and which issues and, where appropriate, withdraws EC type-approvals, serves as the contact point for the EC type-approval authorities in the other Member States and checks the measures taken by the manufacturer in order to ensure product conformity;

(s) "technical service" means the organisation or body that has been appointed as a testing laboratory to carry out tests or inspections on behalf of the EC type-approval authority in a Member State; this function may also be carried out by the EC type-approval authority itself;

(t) "separate directives" means the directives listed in Annex II, Chapter B;

(u) "EC type-approval certificate" means one of the forms appearing in Annex II, Chapter C, or the corresponding Annex to a separate directive, setting out what information is to be supplied by the EC type-approval authority;

(v) "information document" means one of the forms appearing in Annex I, or the corresponding Annex to a separate directive, setting out what information is to be supplied by the applicant;

(w) "information folder" means the complete folder or file containing, in particular, the data, drawings and photographs required as per Annex I and supplied by the applicant to the technical service or EC type-approval authority as required by the information document provided for in a separate directive or in this Directive;

(x) "information package" means the information folder plus any test reports or other documents that the technical services or EC type-approval authority has added to the information folder while carrying out its tasks;

(y) "index to the information package" means the document setting out the contents of the information package which has been suitably numbered or otherwise marked in order clearly to identify all pages;

(z) "certificate of conformity" means the document set out in Annex III, delivered by the manufacturer, in order to certify that a particular vehicle, approved according to this Directive, complies with all applicable regulatory instruments at the time of its production and stating that it may be registered or put into service in all Member States without any additional inspection.

Article 3

Application for EC type-approval

1. The manufacturer shall submit an application for vehicle EC type-approval to the approval authority of a Member State. It shall be accompanied by an information folder containing the information required by Annex I.

With regard to the EC type-approval of systems, components and separate technical units, the information folder shall also be made available to the EC type-approval authority until EC type-approval is granted or refused.

2. In the case of multi-stage EC type-approval, the information to be supplied shall consist of:

(a) at stage one: those parts of the information folder and the EC type-approval certificates required for a complete vehicle which correspond to the state of completion of the base vehicle;

(b) at the second and subsequent stages: those parts of the information folder and the EC type-approval certificates which are relevant to the current stage of construction and a copy of the EC type-approval certificate for the incomplete vehicle issued at the previous stage; in addition, the manufacturer shall supply a detailed list of the changes and additions which he/she has made to the incomplete vehicle.

3. The manufacturer shall submit an application for EC type-approval of a system, component or separate technical unit to the EC type-approval authority in a Member State. It shall be accompanied by an information folder as required by the separate directive.

4. Applications for EC type-approval of a type of vehicle, system, component or separate technical unit may be submitted to only a single Member State. A separate application shall be submitted for each type to be approved.

Article 4

The EC type-approval process

1. Each Member State shall grant:

(a) the EC type-approval to the vehicle types which conform to the particulars in the information folder and which, according to their category, meet the technical requirements of all the separate directives set out in Annex II, Chapter B;

(b) the multi-stage EC type-approval to incomplete or completed base vehicles which conform to the particulars in the information folder and which meet the technical requirements of all the separate directives set out in Annex II, Chapter B;

(c) system, component or separate technical unit EC type-approval to all types of systems, components or separate technical units which conform to the particulars in the information folder and which meet the technical requirements contained in the corresponding separate directive listed in Annex II, Chapter B.

Where the system, component or separate technical unit to be approved fulfils its function or offers a specific feature only in conjunction with other parts of the vehicle, and where, for this reason, compliance with one or more requirements can be verified only when the system, component or separate technical unit to be approved operates in conjunction with other vehicle parts, whether real or simulated, the scope of the EC type-approval of the system, component or separate technical unit must be restricted accordingly.

In this case, the EC type-approval certificate for such a system, component or separate technical unit shall indicate any restrictions on its use and any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of EC type-approval of the vehicle.

2. If a Member State finds that a vehicle, system, component or separate technical unit which complies with the provisions of paragraph 1 is nevertheless a serious risk to road safety, the environment or occupational safety, it may refuse to grant EC type-approval. It shall forthwith notify the other Member States and the Commission thereof, stating the reasons on which its decision is based.

3. For each vehicle type in respect of which they have granted, refused to grant or withdrawn EC type-approval, the approval authority in each Member State shall send a copy of the EC type-approval certificate accompanied by the attachments specified in Chapter C of Annex II to the type-approval authorities in the other Member States within one month.

4. Each month, the EC type-approval authority in each Member State shall send a list containing the particulars shown in Annex VI of the EC type-approvals for systems, components or separate technical units which it has granted, refused to grant or withdrawn during the month in question to the EC type-approval authorities in the other Member States.

These authorities, on receiving an application from the EC type-approval authority in another Member State, shall immediately send it a copy of the EC type-approval certificate for the system, component or separate technical unit in question and/or an information package for each type of system, component or separate technical unit in respect of which it has issued, refused to issue or withdrawn EC type-approval.

Article 5

Amendments to EC type-approvals

1. The Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed of any change in the particulars appearing in the information package.

2. An application for amendment of an EC type-approval shall be submitted exclusively to the Member State which granted the initial EC type-approval.

3. If, in the case of EC type-approval, any particulars appearing in the information package have changed, the EC type-approval authority in the Member State which granted the initial EC type-approval shall issue revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of reissue.

A consolidated, updated version of the information package, accompanied by a detailed description of the amendment, shall also be considered to meet this requirement.

4. Each time amended pages or a consolidated, updated version are issued, the index to the information package attached to the EC type-approval certificate shall also be amended to show the most recent dates of amendment, or the date of the consolidated, updated version.

5. The amendment shall be considered to be an "extension" and the type-approval authority in the Member State which granted the initial EC type-approval shall issue a revised EC type-approval certificate bearing an extension number that clearly states the reason for the extension and its date of reissue in the following cases:

(a) if further inspections are required;

(b) if any information in the EC type-approval certificate, with the exception of its attachments, has changed;

(c) if the requirements of a separate directive which applied on the date from which first entry into service is prohibited have changed since the date which currently appears in the vehicle EC type-approval certificate.

6. If the EC type-approval authority in the Member State which granted the initial EC type-approval finds that an amendment to an information package warrants further inspections or fresh tests or checks, it shall inform the manufacturer accordingly and shall issue the documents referred to in paragraphs 3, 4 and 5 only after carrying out tests or checks which have produced satisfactory results.

Article 6

Certificate of conformity and EC type-approval mark

1. In his/her capacity as holder of a vehicle EC type-approval certificate, the manufacturer shall issue a certificate of conformity.

This certificate, specimens of which are given in Annex III, shall accompany each vehicle, whether complete or incomplete, manufactured in conformity with the approved vehicle type.

2. For purposes of vehicle taxation or registration, Member States may, after giving at least three months notice to the Commission and the other Member States, require particulars not mentioned in Annex III to be added to the certificate of conformity, provided such particulars are explicitly stated in the information package or can be derived from it by a simple calculation.

3. In his/her capacity as holder of an EC type-approval certificate for a system, component or separate technical unit, the manufacturer shall affix to each component or unit manufactured in conformity with the approved type the trade name or mark, the type and/or, if the separate directive so provides, the EC type-approval mark or number.

4. In his/her capacity as holder of an EC type-approval certificate which, in accordance with Article 4(1)(c), includes restrictions on the use of the system, component or separate technical unit in question, the manufacturer shall provide with each system, component or separate technical unit detailed information on these restrictions and shall indicate any conditions for fitting it.

Article 7

Registration, sale and entry into service

1. Each Member State shall register new type-approved vehicles, permit their sale or permit their entry into service on grounds relating to their construction and functioning only if they are accompanied by a valid certificate of conformity.

Each Member State shall permit the sale of incomplete vehicles but may refuse their permanent registration and entry into service until such time as they are completed.

2. Each Member State shall permit the sale or entry into service of systems, components or separate technical units only if these systems, components or separate technical units comply with the requirements of the corresponding separate directives and the requirements referred to in Article 6(3).

Article 8

Exemptions

1. The requirements of Article 7(1) shall not apply to vehicles intended for use by the armed forces, civil protection, firefighting or public order services or to vehicles type-approved in accordance with paragraph 2 of this Article.

2. Each Member State may, at the request of the manufacturer, exempt the vehicles referred to in Articles 9, 10 and 11 from one or more of the provisions of one or more of the separate directives.

Every year, the Member States shall send the Commission and other Member States a list of the exemptions granted.

Article 9

Vehicles produced in small series

For vehicles produced in small series, the number of vehicles registered, offered for sale or put into service each year in each Member State shall be limited to the maximum number of units indicated in Annex V, section A.

Every year, the Member States shall send the Commission a list of the EC type-approvals of these vehicles. The Member State granting such an EC type-approval shall send a copy of the information documents and the EC type-approval certificate and all its attachments to the approval authorities in the other Member States designated by the manufacturer, stating the nature of the exemptions which have been granted. Within three months, these Member States shall decide whether they accept the EC type-approval for vehicles to be registered within their territory and, if so, for how many vehicles.

Article 10

End-of-series vehicles

1. For end-of-series vehicles, Member States may, at the request of the manufacturer, within the quantitative limits set out in Annex V, section B, and for the limited period specified in the third subparagraph, register and permit the sale or entry into service of new vehicles that conform to a type of vehicle the approval of which is no longer valid.

The first subparagraph shall apply solely to vehicles which:

(a) are on Community territory, and

(b) are accompanied by a valid certificate of conformity issued when the EC type-approval of the vehicle in question was still valid, but which was not registered or placed in service before the said approval lost its validity.

This option shall be restricted to a period of 24 months for complete vehicles and 30 months for completed vehicles from the date of expiry of the EC type-approval.

2. In order to apply paragraph 1 to one or more types of vehicles in a specific category, their manufacturer must submit a request to the competent authorities in each Member State affected by the entry into service of that type of vehicle. The request must specify the technical and/or economic grounds on which it is based.

Within three months, these Member States shall decide whether or not to authorise the registration of the type of vehicle in question in their territory, and if so for how many vehicles.

Each Member State affected by the entry into service of these types of vehicles shall be responsible for ensuring that their manufacturer complies with Annex V, section B.

Article 11

Incompatibility of vehicles, systems, components or separate technical units

For vehicles, systems, components or separate technical units designed in accordance with techniques or principles that are incompatible with one or more of the requirements of one or more of the separate directives:

(a) a Member State may grant a provisional EC type-approval. In this case, it must, within one month, send a copy of the EC type-approval certificate and its attachments to the approval authorities in the other Member States and to the Commission. At the same time, it shall send the Commission a request for authorisation to grant EC type-approval under this Directive.

That request must be accompanied by a file containing the following information:

(i) the reasons for which the techniques or principles at issue make the vehicle, system, component or separate technical unit incompatible with the requirements of one or more of the relevant separate directives;

(ii) a description of the safety, environmental protection or occupational safety issues raised and of the action taken;

(iii) a description of the tests, together with their results, which show that the level of safety, environmental protection and occupational safety guaranteed is at least equivalent to that guaranteed by the requirements of one or more of the relevant separate directives;

(b) within three months of receipt of the complete file, the Commission shall submit a draft decision to the committee referred to in Article 20(1). In accordance with the procedure referred to in Article 20(2), the Commission shall decide whether or not to authorise the Member State to grant an EC type-approval under this Directive.

Only the request for an authorisation and the draft decision shall be sent to the Member States in their national language(s);

(c) if the request is approved, the Member State may grant an EC type-approval under this Directive. In this case, the decision must also state whether restrictions are to be imposed on the validity of such EC type-approvals. In no case shall the period of validity of the EC type-approval be less than 36 months;

(d) where the separate directives have been adapted to technical progress in such a way that the types of vehicles, systems, components or separate technical units approved under this Article comply with the amended directives, the Member States shall convert those EC type-approvals into EC type-approvals which comply with this Directive, allowing the time needed for the necessary changes to components or separate technical units, in particular, the removal of any references to restrictions or exemptions;

(e) if the action needed to adapt the specific separate directives has not been taken, the validity of the EC type-approvals granted under this Article may be extended, at the request of the Member State having granted the EC type-approval, by means of another Commission decision;

(f) an exemption granted for the first time under this Article can serve as a reference for the Committee referred to in Article 20(1) for further, identical requests.

Article 12

Equivalence

1. Acting by a qualified majority on a proposal from the Commission, the Council may acknowledge equivalence between the conditions or provisions for EC type-approval of vehicles, systems, components and separate technical units established by this Directive together with the separate directives, and the procedures established by international regulations or regulations of third countries in the framework of multilateral agreements or bilateral agreements between the Community and third countries.

2. The equivalence of EC type-approvals issued on the basis of the separate directives on motor vehicles as defined in Directive 70/156/EEC and set out in Annex II, Chapter B, part II.A of this Directive, is acknowledged.

3. The equivalence of type-approvals issued on the basis of the UN/ECE regulations which are annexed to the revised 1958 Agreement set out in Annex II, Chapter B, part II.B of this Directive, is acknowledged.

4. The equivalence of the test bulletins issued on the basis of the standardised OECD codes set out in Annex II, Chapter B, part II.C of this Directive is acknowledged as an alternative to the test reports drawn up under the separate directives.

Article 13

Arrangements to ensure conformity of production

1. A Member State granting an EC type-approval shall take the measures referred to in Annex IV in relation to that approval to verify, where appropriate in cooperation with the EC type-approval authorities in the other Member States, that adequate arrangements have been made to ensure that the vehicles, systems, components or separate technical units produced conform to the approved type.

2. A Member State which has granted an EC type-approval shall take the measures referred to in Annex IV in relation to that approval to verify, where appropriate in cooperation with the EC type-approval authorities in the other Member States, that the arrangements referred to in paragraph 1 continue to be adequate and that the vehicles, systems, components or separate technical units produced continue to conform to the approved type.

Verification to ensure that products conform to the approved type shall be limited to the procedures set out in section 2 of Annex IV.

Article 14

Obligation to provide information

The competent EC type-approval authorities in the Member States shall inform each other within one month of any withdrawal of EC type-approval and of the reasons for any such measure.

Article 15

Safeguard clauses

1. If a Member State establishes that vehicles, systems, components or separate technical units of a particular type pose a serious risk to road safety or occupational safety although they are accompanied by a valid certificate of conformity or are properly marked, it may, for a maximum period of six months, refuse to register such vehicles or prohibit the sale or entry into service in its territory of such vehicles, systems, components or separate technical units.

It shall forthwith notify the other Member States and the Commission thereof, stating the reasons on which its decision is based.

2. In the situations described in paragraph 1, the Commission shall enter into consultation with the parties concerned as soon as possible.

Where, after such consultations, the Commission concludes:

(a) that the measure is justified, it shall immediately inform the Member State which initiated the action and the other Member States;

(b) that the measure is not justified, it shall immediately inform the Member State which initiated the action and the manufacturer.

Where the decision described in paragraph 1 is justified because of a gap in one of the separate directives, the decision to maintain it shall be adopted in accordance with the procedure provided for in Article 20(2).

Article 16

Failure to conform to the approved type

1. Failure to conform to the approved type occurs where deviations from the particulars in the EC type-approval certificate and/or the information package are found and where these deviations have not been authorised under Article 5(3) by the Member State which granted the EC type-approval.

A vehicle is not to be considered to deviate from the approved type where the tolerances permitted by separate directives are met.

2. If a Member State which has granted EC type-approval finds that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an EC type-approval mark do not conform to the type it has approved, it shall take the necessary measures to ensure that the vehicles, systems, components or separate technical units produced conform to the approved type.

The EC type-approval authority in that Member State shall inform those of the other Member States and the Commission of the measures taken, which may extend to withdrawal of EC type-approval.

3. The authority responsible for EC type-approval of the vehicle shall ask the Member State which granted EC type-approval of the system, component, separate technical unit or incomplete vehicle to take the necessary action to ensure that the vehicles produced conform to the approved type in the case of:

(a) EC vehicle type-approval where non-conformity of a vehicle arises exclusively from non-conformity of a system, component or separate technical unit, or

(b) multi-stage EC type-approval where non-conformity of a completed vehicle arises exclusively from non-conformity of a system, component or separate technical unit forming part of the incomplete vehicle, or of the incomplete vehicle itself.

It shall forthwith inform the Commission thereof, and paragraph 2 shall apply.

Article 17

Verification of non-conformity

If a Member State finds that vehicles, systems, components or separate technical units accompanied by an EC certificate of conformity or bearing an EC type-approval mark do not conform to the approved type, it may ask the Member State which granted the EC type-approval to verify that the vehicles, systems, components or separate technical units produced conform to the approved type.

Such action shall be taken as soon as possible, and in any case within six months of the date of the request.

Article 18

Notification of decisions and legal remedies available

All decisions refusing or withdrawing EC type-approval, refusing registration or prohibiting entry into service or sale taken pursuant to the provisions adopted in implementation of this Directive shall state the grounds on which they are based.

All such decisions shall be notified to the party concerned who shall, at the same time, 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.

Article 19

Amendment of the Annexes to this Directive or of the separate directives

1. The measures necessary for the implementation of this Directive relating to the subject matter referred to below shall be adopted in accordance with the procedure set out in Article 20(2):

(a) the changes needed to adapt the Annexes to this Directive; or

(b) the changes needed to adapt the technical provisions of the separate directives; or

(c) the introduction into the separate directives of provisions relating to the EC type-approval of separate technical units.

2. If, pursuant to Decision 97/836/EC, new regulations or amendments to existing regulations which the Community has accepted are introduced, the Commission shall, as a result, adapt the Annexes to this Directive, in accordance with the procedure set out in Article 20(2).

Article 20

Committee

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.

Article 21

Notification of the EC type-approval authorities and technical services

1. The Member States shall notify the Commission and the other Member States of the names and addresses of:

(a) the EC type-approval authorities and, where appropriate, the fields for which they are responsible; and

(b) the technical services which they have appointed, specifying for which test procedures each of these bodies has been appointed.

The technical services notified must meet the harmonised standard on the operation of testing laboratories (EN - ISO/IEC 17025:2000) subject to the following conditions:

(i) a manufacturer may be appointed as a technical service only where this is expressly provided for by separate directives or alternative regulations;

(ii) the use of outside equipment by a technical service, with the agreement of the EC type-approval authority, is authorised.

2. A notified technical service shall be presumed to meet the harmonised standard referred to in paragraph 1(b).

However, where appropriate, the Commission may ask the Member States to provide supporting evidence.

3. Services in third countries may be notified as appointed technical services only where this is provided for in a bilateral or multilateral agreement between the Community and the third country in question.

Article 22

Implementation

1. The Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof.

They shall apply these provisions from 1 July 2005.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

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

Article 23

Enforcement measures for the EC type-approval

1. As regards vehicles belonging to categories T1, T2 and T3, Member States shall apply this Directive to:

(a) new types of vehicles from 1 July 2005;

(b) all new vehicles entered into service from 1 July 2009.

2. For vehicle categories other than those referred to in paragraph 1, once all the separate Directives for a vehicle category as defined in Annex II are adopted, Member States shall apply this Directive:

(a) three years after the date of entry into force of the last separate directive which must still be adopted for new types of vehicles;

(b) six years after the date of entry into force of the last separate directive which must still be adopted for all vehicles entered into service.

3. Member States may, at the request of the manufacturers, apply this Directive to new types of vehicle as from the dates of entry into force of all the related separate directives.

Article 24

Repeal

1. Directive 74/150/EEC shall be repealed with effect from 1 July 2005.

2. References to Directive 74/150/EEC shall be construed as references to this Directive and read in accordance with the correlation table set out in Annex VIII to this Directive.

Article 25

Entry into force

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

Article 26

Addressees

This Directive is addressed to the Member States.

Done at...

For the European Parliament

The President

For the Council

The President

(1) OJ C 151 E, 25.6.2002, p. 1.

(2) OJ C 221, 17.9.2002, p. 5.

(3) Opinion of the European Parliament of 9 April 2002 (not yet published in the Official Journal), Council Common Position of 16 December 2002 and Decision of the European Parliament of...(not yet published in the Official Journal).

(4) OJ L 84, 28.3.1974, p. 10; Directive as last amended by Commission Directive 2001/3/EC (OJ L 28, 30.1.2001, p. 1).

(5) OJ L 42, 23.2.1970, p. 1; Directive as last amended by Commission Directive 2001/116/EC (OJ L 18, 21.1.2002, p. 1).

(6) OJ L 225, 10.8.1992, p. 72; Directive as last amended by Directive 2000/7/EC of the European Parliament and of the Council (OJ L 106, 3.5.2000, p. 1).

(7) OJ L 346, 17.12.1997, p. 78.

(8) OJ L 184, 17.7.1999, p. 23.

LIST OF ANNEXES

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ANNEX I

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ANNEX II

CHAPTER A

Definition of vehicle categories and vehicle types

A. THE VEHICLE CATEGORIES ARE DEFINED AS FOLLOWS:

1. Category T: Wheeled tractors

- Category T1: wheeled tractors with a maximum design speed of not more than 40 km/h, with the closest axle to the driver(1) having a minimum track width of not less than 1150 mm, with an unladen mass, in running order, of more than 600 kg, and with a ground clearance of not more than 1000 mm

- Category T2: wheeled tractors with a maximum design speed of not more than 40 km/h, with a minimum track width of less than 1150 mm, with an unladen mass, in running order, of more than 600 kg and with a ground clearance of not more than 600 mm. However, where the height of the centre of gravity of the tractor(2) (measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, the maximum design speed is restricted to 30 km/h

- Category T3: wheeled tractors with a maximum design speed of not more than 40 km/h, and with an unladen mass, in running order, of not more than 600 kg

- Category T4: special purpose wheeled tractors with a maximum design speed of not more than 40 km/h (as defined in Appendix 1)

- Category T5: wheeled tractors with a maximum design speed of more than 40 km/h

2. Category C: Track-laying tractors

Track-laying tractors that are propelled and steered by endless tracks and whose categories C1 to C5 are defined by analogy with categories T1 to T5.

3. Category R: Trailers

- Category R1: trailers, the sum of the technically permissible masses per axle of which does not exceed 1500 kg

- Category R2: trailers, the sum of the technically permissible masses per axle of which exceeds 1500 kg but does not exceed 3500 kg

- Category R3: trailers, the sum of the technically permissible masses per axle of which exceeds 3500 kg but does not exceed 21000 kg

- Category R4: trailers, the sum of the technically permissible masses per axle of which exceeds 21000 kg

Each trailer category also includes an "a" or "b" index, according to its design speed:

- "a" for trailers with a maximum design speed below or equal to 40 km/h,

- "b" for trailers with a maximum design speed above 40 km/h.

Example: Rb3 is a category of trailers for which the sum of the technically permissible masses per axle exceeds 3500 kg but does not exceed 21000 kg, and which are designed to be towed by a tractor in category T5.

4. Category S: Interchangeable towed machinery

- Category S1: interchangeable towed machinery intended for agricultural or forestry use, the sum of the technically permissible masses per axle of which does not exceed 3500 kg,

- Category S2: interchangeable towed machinery intended for agricultural or forestry use, the sum of the technically permissible masses per axle of which exceeds 3500 kg.

Each category of interchangeable towed machinery also includes an "a" or "b" index, according to its design speed:

- "a" for interchangeable towed machinery with a maximum design speed below or equal to 40 km/h,

- "b" for interchangeable towed machinery with a maximum design speed above 40 km/h.

Example: Sb2 is a category of interchangeable towed machinery for which the sum of the technically permissible masses per axle exceeds 3500 kg, and which is designed to be towed by a tractor in category T5.

B. DEFINITION OF VEHICLE TYPES

1. Wheeled tractors:

for the purposes of this Directive:

- "type" means tractors of the same category that do not differ in respect of at least the following essential aspects:

- manufacturer,

- manufacturer's type designation,

- essential construction and design characteristics:

- backbone chassis/chassis with side members/articulated chassis (obvious and fundamental differences),

- engine (internal combustion/electric/hybrid),

- axles (number).

- "variant" means tractors of the same type which do not differ in respect of at least the following aspects:

- engine:

- operating principle,

- number and arrangement of cylinders,

- power difference of no more than 30 % (the highest power being no more than 1,3 times the lowest power),

- cylinder capacity difference of no more than 20 % (the highest figure being no more than 1,2 times the lowest figure),

- powered axles (number, position, interconnection),

- steered axles (number and position),

- maximum laden mass differing by no more than 10 %,

- transmission (type),

- rollover protection structure,

- braked axles (number).

- "version" of a variant means tractors which consist of a combination of items shown in the information package in accordance with Annex I.

2. Track-laying tractors: idem wheeled tractors.

3. Trailers:

- "Type" means trailers of the same category that do not differ in respect of at least the following essential aspects:

- manufacturer,

- manufacturer's type designation,

- essential construction and design characteristics:

- backbone chassis/chassis with side members/articulated chassis (obvious and fundamental differences),

- axles (number).

- "variant" means trailers of the same type which do not differ in respect of at least the following aspects:

- steering axles (number, position, interconnection),

- maximum laden mass differing by no more than 10 %,

- braked axles (number).

4. Interchangeable towed machinery: idem trailers.

CHAPTER B

List of requirements for the purposes of vehicle EC type-approval

Part I

List of separate directives

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Definition:

X= applicable as is

(X)= applicable in amended form

SD= separate directive

-= not applicable

I= same as T according to the category

Part II.A

In the following table, the separate directives relating to "motor vehicles" (in the latest version in force on the date of EC type-approval) may be applied in place of the corresponding separate directives relating to "agricultural and forestry tractors".

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Part II.B

The following Regulations, taken from the Annex to the Revised 1958 Agreement and recognised in their latest versions by the Community in its capacity as a contracting party to the said Agreement on the date of EC type-approval according to the corresponding separate directive, may be applied in place of the corresponding separate directives on "agricultural tractors" and those on "motor vehicles" in the table of part II.A.

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Part II.C

Correspondence with the OECD standardised codes

The test bulletins (complete) which conform to the OECD codes given below may be used in place of the test reports drawn up in compliance with the corresponding separate directives.

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SD: to be covered by a separate directive.

Appendix 1

Part I

Definition of special-purpose vehicles and list of requirements for the purposes of vehicle EC type-approval

Owing to the need to operate in specific situations, the following special-purpose vehicles exist:

1. T4 tractors

1.1. T4.1. High-clearance tractors

Tractors designed for working with high-growing crops, such as vines. They feature a raised chassis or section of chassis, enabling them to advance in parallel with the crop with left and right wheels on either side of one or more rows of the crop. They are intended for carrying or operating tools, which may be fitted at the front, between the axles, at the rear or on a platform. When the tractor is in working position the ground clearance perpendicular to the crop rows exceeds 1000 mm. Where the height of the centre of gravity of the tractor(1) (measured in relation to the ground, using the tyres normally fitted), divided by the average minimum track of all of the axles exceeds 0,90, the maximum design speed must not exceed 30 km/h.

1.2. T4.2. Extra-wide tractors

Tractors characterised by their large dimensions, primarily intended for working large areas of farmland.

1.3. T4.3. Low-clearance tractors

Four-wheel drive agricultural or forestry tractors whose interchangeable equipment is intended for agricultural or forestry use and which are characterised by a supporting frame, equipped with one or more power take-offs, having a technically permissible mass no greater than 10 tonnes, and for which the ratio of this mass to the maximum unladen mass in running order is less than 2,5. Moreover, the centre of gravity of these tractors(2) (measured in relation to the ground, using the tyres normally fitted) is less than 850 mm..

2. Category C4

C4.1.: Tracked high-clearance tractors: defined by analogy with category T4.1.

Part II

Applicability of the separate directives to special-purpose vehicles

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Definition:

X= applicable as is

(X)= applicable in amended form

SD= requires separate directive

-= not applicable

(1) In accordance with ISO standard 789-6:1982.

(2) In accordance with ISO standard 789-6:1982.

Appendix 2

Procedures to be followed during vehicle EC type-approval

1. In the case of an application made pursuant to Article 3 (in accordance with Annex I, model B), the EC type-approval authority shall:

(a) check that the component EC type-approvals and EC type-approvals issued pursuant to the separate directives are applicable, and shall arrange for any tests and checks required by any of the separate directives not covered by such approvals to be carried out;

(b) make sure, by reference to the documentation, that the vehicle specification(s) and data contained in part I of the vehicle information document are included in the data in the information packages or the approval reports for the relevant separate directive approvals and, when an item number in part I of the information document is not included in the information package for any of the separate directives, confirm that the relevant part or characteristic conforms to the particulars in the information folder;

(c) carry out or arrange to have carried out, on a selected sample of vehicles from the type to be approved, inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of all separate directive approvals;

(d) carry out or arrange to have carried out relevant installation checks in respect of separate technical units where applicable.

2. The number of vehicles to be inspected for the purposes of paragraph 1(c) shall be sufficient to permit the proper examination of the various combinations to be approved in accordance with the following criteria:

engine,

gearbox,

powered axles (number, position, interconnection),

steered axles (number and position),

braked axles (number),

rollover protection structure.

3. In the case of an application made pursuant to Article 3 (in accordance with Annex I, model A), the EC type-approval authority shall:

(a) arrange for the necessary tests and checks as required by each of the relevant separate directives;

(b) verify that the vehicle conforms to the particulars in the information folder and that it meets the technical requirements of each of the relevant separate directives;

(c) carry out or arrange to have carried out relevant installation checks in respect of separate technical units, where applicable.

CHAPTER C

Vehicle EC type-approval certificate

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Part II

Test results

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Appendix 1

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(1) For reversible driver's position tractors (reversible seat and steering wheel), the closest axle to the driver to be considered must be the one fitted with the biggest diameter tyres.

(2) In accordance with standard ISO 789 - 6:1982.

ANNEX III

EC CERTIFICATE OF CONFORMITY

Part I

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Part II

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ANNEX IV

PROCEDURES TO ENSURE CONFORMITY OF PRODUCTION

1. INITIAL ASSESSMENT

1.1. Before granting EC type-approval, the EC type-approval authority in a Member State shall verify the existence of satisfactory arrangements and procedures for ensuring effective checking that components, systems, separate technical units or vehicles in production conform to the approved type.

1.2. The requirement in point 1.1 must be verified to the satisfaction of the authority granting EC type-approval. This verification may be carried out on behalf of the authority granting EC type-approval by the EC type-approval authority in another Member State. In this case, the latter authority shall prepare a statement of compliance outlining the areas and production facilities it considers to be relevant to the product(s) to be type-approved.

1.3. The EC type-approval authority shall accept the manufacturer's certification to harmonised standard EN ISO 9001:2000 with the permissible exclusion of the requirements related to the concepts of design and development, point 7.3. "Customer satisfaction and continual improvement" (the scope of which covers the product(s) to be type-approved) or an equivalent accreditation standard as satisfying the requirements of paragraph 1.1. The manufacturer shall provide details of the registration and undertake to inform the approval authorities of any amendments to its validity or scope.

1.4. On receiving a request from the authority of another Member State, the EC type-approval authority shall forthwith send the statement of compliance referred to in paragraph 1.2 or advise that it is not in a position to provide such a statement.

2. CONFORMITY OF PRODUCTION

2.1. Every vehicle, system, component or separate technical unit type-approved pursuant to this Directive or a separate directive must be so manufactured as to conform to the type approved by meeting the requirements of this Directive or of a separate directive appearing in the exhaustive list set out in Annex II, Chapter B.

2.2. When granting EC type-approval, the EC type-approval authority in a Member State shall verify the existence of adequate arrangements and documented control plans, to be agreed with the manufacturer for each EC type-approval, for the carrying out at specified intervals of the tests or associated checks that are needed to verify continued conformity to the approved type, including, where applicable, tests required by the separate directives.

2.3. The holder of the EC type-approval must, in particular:

2.3.1. ensure the existence of procedures for effectively monitoring that products (vehicles, systems, components or separate technical units) conform to the EC type-approval;

2.3.2. have access to the testing equipment necessary for checking conformity to each approved type;

2.3.3. ensure that test results are recorded and that the attachments remain available for a period to be determined in agreement with the EC type-approval authority; this period shall not be greater than 10 years;

2.3.4. analyse the results of each type of test in order to verify and ensure the stability of the product characteristics, subject to the tolerances inherent in industrial production;

2.3.5. ensure that for each type of product at least the checks prescribed in this Directive and the tests prescribed in the applicable separate directives appearing in the exhaustive list set out in Annex II are carried out;

2.3.6. ensure that if any set of samples or test pieces is found not to conform at the end of the test in question, further samples are taken and the tests are repeated. All necessary steps shall be taken to restore conformity of the corresponding production.

2.3.7. In the case of EC vehicle type-approval, the checks referred to in point 2.3.5 shall be restricted to those verifying compliance with the specifications set out in the EC type-approval.

2.4. The authority which granted EC type-approval may at any time verify the conformity control methods applied in each production facility. The normal frequency of these verifications shall be in line with the arrangements (if any) accepted under point 1.2 or 1.3 of this Annex and ensure that the relevant checks are reviewed over a period appropriate to the confidence required by the competent authority.

2.4.1. At every inspection, the test records and production records shall be made available to the visiting inspector.

2.4.2. Where the nature of the test so permits, the inspector may select samples at random to be tested in the manufacturer's laboratory (or in the laboratories of the testing body where a separate directive so provides). The minimum number of samples may be determined according to the results of the manufacturer's own verification.

2.4.3. Where the level of monitoring is unsatisfactory, or where it seems necessary to verify the validity of the tests carried out under point 2.4.2, the inspector shall select samples to be sent to the testing body which conducted the EC type-approval tests.

2.4.4. The EC type-approval authority may carry out any check or test required by this Directive or in the relevant separate directives appearing in the exhaustive list set out in Annex II, Chapter B.

2.4.5. Where unsatisfactory results are found during an inspection, the EC type-approval authority shall ensure that all necessary steps are taken to restore conformity of production as rapidly as possible.

ANNEX V

A. SMALL SERIES LIMITS

The number of units within a type to be registered, placed on sale or put into service per year in each Member State shall not exceed the value shown below for the vehicle category in question.

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B. LIMITS FOR END-OF-SERIES VEHICLES

The maximum number of vehicles of one or several types entering service in each Member State in accordance with the procedure provided for in Article 10 must not exceed 10 % of the number of vehicles of all the types concerned which entered service in the two preceding years in the Member State in question, however, may not be less than 20.

Vehicles entering service in accordance with this procedure shall be identified by a specific reference on the certificate of conformity.

ANNEX VI

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ANNEX VII

PROCEDURES TO BE FOLLOWED DURING MULTI-STAGE EC TYPE-APPROVAL

1. GENERAL

1.1. The satisfactory operation of the multi-stage EC type-approval process requires concerted action by all the manufacturers concerned. To this end, before granting an initial or subsequent stage EC type-approval, the EC type-approval authority shall ensure that the relevant manufacturers have made suitable arrangements for the supply and interchange of documents and information such that the completed vehicle meets the technical requirements of all the relevant separate directives as set out in Annex II, Chapter B.

Such information must include details of relevant system, component and separate-technical-unit EC type-approvals and of vehicle parts which form part of the incomplete vehicle but are not yet type-approved.

1.2. EC type-approvals in accordance with this Annex are granted on the basis of the current state of completion of the vehicle type and incorporate all EC type-approvals granted at the previous stage.

1.3. Each manufacturer in a multi-stage EC type-approval process shall be responsible for the EC type-approval and conformity of production of all systems, components and separate technical units manufactured by him or added by him to the previously built stage. He shall not be responsible for aspects which have been type-approved in an earlier stage unless he modifies vehicle parts to such an extent that the previously granted EC type-approval becomes invalid.

2. PROCEDURES

In the case of an application made in accordance with Article 4(2), the EC type-approval authorities must:

(a) verify that all relevant separate-directive approvals can be applied to the appropriate standard in the separate directive;

(b) ensure that all the relevant data, taking account of the state of completion of the vehicle, are included in the information folder;

(c) by reference to the documentation make sure that the vehicle specification(s) and data contained in part I of the information folder are included in the data in the information packages or the EC type-approval certificates issued under the relevant separate directives and, in the case of a completed vehicle, where an item number in part I of the information folder is not included in the information package of any of the separate directives, confirm that the relevant part or characteristic conforms to the particulars in the information folder;

(d) on a sample of vehicles from the type to be approved, carry out inspections of vehicle parts and systems to verify that the vehicle(s) is(are) built in accordance with the relevant data contained in the information package that has been authenticated in respect of all relevant separate-directive approvals, or arrange for such inspections to be carried out;

(e) where appropriate, carry out checks on the installation of the separate technical units, or arrange for such checks to be carried out.

3. NUMBER OF VEHICLES TO BE INSPECTED

The number of vehicles to be inspected for the purposes of paragraph 2(d) shall be sufficient to permit proper monitoring of the various combinations to be type-approved on the basis of the state of completion of the vehicle and the following criteria:

- engine,

- gearbox,

- powered axles (number, position, interconnection),

- steered axles (number and position),

- braked axles (number),

- roll-over protection structure.

4. IDENTIFICATION OF THE VEHICLE

At the second and subsequent stages, each manufacturer shall affix to the vehicle a plate, in addition to the statutory plate required by Council Directive 89/173/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to certain components and characteristics of wheeled agricultural or forestry tractors(1).

This plate must be firmly attached, in a conspicuous and readily accessible position on a part not subject to replacement in use. It must show clearly and indelibly the following information in the order listed:

- manufacturer's name,

- sections 1, 3 and 4 of the EC type-approval number,

- stage of EC type-approval,

- vehicle serial number,

- maximum permitted laden mass of the vehicle,

- maximum towable mass,

- maximum permissible laden mass of the combination (where the vehicle is permitted to tow a trailer)(2),

- maximum permissible mass on each axle, listed in order from front to rear(3),

- maximum permissible vertical load on the coupling point(4).

(1) OJ L 67, 10.3.1989, p. 1; Directive as last amended by Commission Directive 2000/1/EC (OJ L 21, 26.1.2000, p. 16).

(2) Only where the value has changed during the current stage of EC type-approval.

(3) Only where the value has changed during the current stage of EC type-approval.

(4) Only where the value has changed during the current stage of EC type-approval.

ANNEX VIII

CORRELATION TABLE

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The proposed directive is based on Article 95 of the EC Treaty, according to the Article 251 procedure.

On 9 April 2002(1) the European Parliament approved the Commission proposal without amendments.

The Economic and Social Committee delivered an opinion(2) on 29 May 2002.

On 16 December 2002, the Council adopted its Common Position as set out in document 10506/02.

II. OBJECTIVE

This Directive is the final recasting of the Directive 74/150/EEC(3) on the EC type-approval of agricultural and forestry tractors, extending its scope to new types of tractors, to their trailers and to interchangeable towed machinery and making EC type-approval mandatory.

III. ANALYSIS OF THE COMMON POSITION AS SET OUT IN DOCUMENT 10506/02

1. General

In the Common Position the Council:

- has modified the wording in recitals 2 and 6, the latter to adapt it to the standard legal text,

- has made some horizontal changes to the terminology used (e.g. "equipment" was replaced by "machinery" throughout the text),

- slightly modified the documents sent from a type-approval authority to other Member States, as in Article 4(3),

- Article 8 and Article 9 have been merged into a new Article 8,

- recast some of the procedures for dealing with incompatibility (Article 11),

- simplified the safeguard clauses (Article 15),

- modified the wording (Article 20) for the Committee procedure in accordance with the standard legal text used in these cases,

- extended by six months the deadline to comply with this Directive (Article 22),

- redrafted and expanded Article 23, dealing with enforcement measures,

- increased by 50 % the ceiling for small series and removed limitations on individual EC type-approval (Annex V).

2. New elements contained in the Common Position as compared with the Commission proposal

Recital 2 - Scope

The added sentence in this recital allows a possible future extension of the regulation to other agricultural vehicles.

Recital 6 - Implementation measures

The current wording modifies the reference to the Comitology decision in accordance with the standard legal text used in these cases.

Article 1 - Scope

The scope of the Directive has been amended to encompass all type-approval processes, EC type-approval being the only one, which will be possible. An explicit reference to Article 2(d) has been added to better clarify to which vehicles this Directive is applicable. Horizontal terminological changes have also been made ("equipment" has been replaced by "machinery" and "towed ploughs" have been inserted again into the scope).

Article 2 - Definitions

Several definitions have been recast according to the definitions contained in the Motor Vehicles Directive 70/156/EC. Besides horizontal terminological changes ("type-approval" becomes "EC type-approval", "equipment" is replaced by "machinery", "testing body" is replaced by "technical service", "EC type-approval report" is replaced by "EC type-approval certificate") some subparagraphs have been changed to paragraphs.

The definition of manufacturer has been clarified in Article 2(p).

The definition of "certificate of conformity" has been added in Article 2(z).

Article 4(3) - Exchanges among type-approval authorities

Besides horizontal terminological changes, this paragraph was slightly rephrased to indicate which documents are sent from one type-approval authority to the other type-approval authorities.

Article 9 - Small series

The number of vehicles making up a small series has been increased by half (change in Annex V, section A).

Article 11 - Incompatibility

Besides horizontal terminological changes, the restriction on the territorial scope of the special type-approval has been deleted. This special type-approval has now been called "provisional type-approval" to emphasise that a Member State will not be empowered by this Directive to grant type-approval to vehicles, systems, components or separate technical units on its own - it will still have to request an authorisation to the Committee referred to in Article 20(1). With the previous Directive, Member States had to apply to the Commission in order to recommend a change to the Directive.

Article 15 - Safeguard clauses

The reference to possible reasons to refuse registration or entry into service has been deleted, so as not to narrow unduly the scope of this Article.

Article 20 - Committee procedure

The wording of this Article has been replaced by the standard legal text used in these cases.

Article 22 - Implementation

The implementation deadline has been brought forward from January 2005 to July 2005.

Article 23 - Enforcement measures

This Article has been redrafted in order to:

- establish different implementation timetables according to the vehicle category (inter alia, for vehicles belonging to the classes T1, T2, T3, Member States no longer need to wait for the adoption of the separate directives, which are missing in Annex II Chapter B),

- clarify the relation between this Directive and the separate Directives,

- allow Member States to apply this Directive at the earliest at the entry into force of the separate Directives, should the manufacturers so wish.

IV. CONCLUSION

The Common Position, which has been unanimously adopted by the Council, has been further simplified to achieve the aims of this Directive, which are to shorten the time to market and, by harmonising the approval process and introducing the mutual recognition principle in this area, remove the need to fulfil different national technical requirements.

(1) Opinion T5-0139/2002 (not yet published in the Official Journal).

(2) OJ C 221, 17.9.2002.

(3) OJ L 84, 28.3.1974, p. 10.