Wednesday 11 May 2011
P7_TC1-COD(2010)0264

Position of the European Parliament adopted at first reading on 11 May 2011 with a view to the adoption of Directive 2011/…/EU of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (Codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)	Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

(2)

Directive 86/298/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the rear-mounted roll-over protection structures. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37/EC having the following characteristics:

(a)	ground clearance of not more than 600 mm measured beneath the lowest points of the front or rear axles, allowing for the differential;

(b)

fixed or adjustable minimum track width of less than 1 150 mm for the axles fitted with the widest tyres; since the axle fitted with the widest tyres is assumed to be adjusted to a maximum track width of 1 150 mm, the other axle must be capable of being adjusted in such a way that the outer edges of the narrowest tyres do not project beyond the outer edges of the tyres on the axle with the widest tyres; where both axles are equipped with wheels and tyres of the same size, the fixed or adjustable track width of both axles must be less than 1 150 mm;

(c)

mass greater than 600 kilograms and corresponding to the unladen mass of the tractor as defined in point 2.1 of Model A in Annex I to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.

Article 2

1.   Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I and II.

2.   A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.

Article 3

Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorised representative, an EC component type-approval mark conforming to the example shown in Annex III.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.

Article 4

A Member State shall not prohibit the placing on the market of roll-over protection structures or their attachment to the tractors for which they are intended on grounds relating to their construction if they bear the EC component type-approval mark.

However, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which consistently fail to conform to the approved type.

That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

Article 5

The competent authorities of each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the EC component type-approval certificates, the model of which is given in Annex IV, completed for each type of roll-over protection structure which they approve or refuse to approve.

Article 6

1.   If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC component 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 Member State shall advise those of the other Member States of the measures taken which may, if necessary, where there is a serious and repeated failure to conform, extend to the withdrawal of EC component type-approval.

Those authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

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

Article 7

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.

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 8

1.   With respect to tractors which comply with the requirements laid down in this Directive, Member States may not:

(a)	refuse, for a type of tractor, to grant EC type-approval or to grant national type-approval;

(b)	prohibit the first entry into service of tractors.

2.   Member States may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements laid down in this Directive.

Article 9

No Member State may refuse the registration or prohibit the sale or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EC component type-approval mark and if the requirements laid down in Annex V have been met.

Article 10

This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.

Article 11

1.   In connection with EC type-approval, any tractor to which Article 1 refers shall be fitted with a roll-over protection structure.

2.   Where the protection structure does not have two pillars mounted in front of the driver's seat, the structure referred to in paragraph 1 shall comply with the requirements laid down in Annexes I and II to this Directive or in Annexes I to IV to Directives 2009/57/EC (6) or 2009/75/EC (7) of the European Parliament and of the Council.

Article 12

The amendments necessary to adapt the requirements of Annexes I to VI to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 13

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

Article 14

Directive 86/298/EEC, as amended by the Acts listed in Annex VII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B.

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

Article 15

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

Article 16

This Directive is addressed to the Member States.

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(1)  OJ C 54, 19.2.2011, p. 33.

(2)  Position of the European Parliament of 11 May 2011.

(3)  OJ L 186, 8.7.1986, p. 26.

(4)  See Annex VII, Part A.

(5)  OJ L 171, 9.7.2003, p. 1.

(6)  OJ L 261, 3.10.2009, p. 1.

(7)  OJ L 261, 3.10.2009, p. 40.