Directive 2009/144/EC of the European Parliament and of the Council of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance)
Modified by
  • Commission Directive 2010/52/EUof 11 August 2010amending, for the purposes of adaptation of their technical provisions, Council Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors and Directive 2009/144/EC of the European Parliament and of the Council on certain components and characteristics of wheeled agricultural or forestry tractors(Text with EEA relevance), 32010L0052, August 13, 2010
Directive 2009/144/EC of the European Parliament and of the Councilof 30 November 2009on certain components and characteristics of wheeled agricultural or forestry tractors(codified version)(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,Having regard to the opinion of the European Economic and Social CommitteeOJ C 182, 4.8.2009, p. 76.,Acting in accordance with the procedure laid down in Article 251 of the TreatyOpinion of the European Parliament of 24 March 2009 (not yet published in the Official Journal) and Council Decision of 26 November 2009.,Whereas:(1)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 tractorsOJ L 67, 10.3.1989, p. 1. has been substantially amended several timesSee Annex VII, part A.. In the interests of clarity and rationality, the said Directive should be codified.(2)Directive 89/173/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 unitsOJ L 171, 9.7.2003, p. 1., and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards certain components and characteristics. 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)The technical requirements which tractors must fulfil in pursuance of national laws concern, inter alia, their dimensions and masses, speed governors, the protection of their drive components, projections and wheels, brake control for towed vehicles, windscreens and other glazing, the mechanical coupling between tractor and towed vehicle and the location and method of affixing statutory plates and markings to the body of the tractor.(4)It is desirable to take into account the technical requirements adopted by the United Nations Economic Commission for Europe (UNECE) in its corresponding regulations annexed 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 used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptionsPublished as Annex I to Council Decision 97/836/EC (OJ L 346, 17.12.1997, p. 78)..(5)This Directive is 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 11.For the purposes of this Directive "tractor" (agricultural or forestry) means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.2.This Directive shall apply only to tractors defined in paragraph 1 which are fitted with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
Article 21.With respect to tractors which comply with the requirements laid down in this Directive, Member States shall not, on grounds relating to the subject-matter of this Directive:(a)refuse to grant EC type-approval or to grant national type-approval;(b)refuse the registration or prohibit the sale, entry into service or use of such a tractor.By way of derogation from the provisions of the first subparagraph relating to the use of the tractor, Member States may, for reasons concerning towable mass(es), continue to apply their national provisions reflecting in particular the special requirements relating to the nature of the land relief on their territory, within the limits of the towable masses listed in point 2.2 of Annex I in so far as this does not involve alterations to the tractor or a further supplementary national type-approval.2.With respect to tractors which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:(a)shall not grant EC type-approval;(b)may refuse to grant national type-approval.3.With respect to new tractors which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:(a)shall consider certificates of conformity which accompany new tractors in accordance with the provisions of Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1) of that Directive;(b)may refuse the registration, sale or entry into service of those new tractors.
Article 31.Each Member State shall grant EC component type-approval for any type of windscreen or other glass pane and/or of mechanical coupling which satisfies the construction and testing requirements laid down in Annexes III and/or IV.2.The Member State which has granted EC component type-approval shall take the measures required in order 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 4Member States shall, for each type of windscreen or other glass pane or of mechanical coupling which they approve pursuant to Article 3, issue to the manufacturer of the tractor, windscreen or mechanical coupling, or to his authorised representative, an EC component type-approval mark conforming to the examples shown in Annex III or Annex IV.Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between the type of equipment which has been granted EC component type-approval pursuant to Article 3 and equipment of other types.
Article 5No Member State may prohibit the placing on the market of windscreens and other glass panes or mechanical couplings on grounds relating to their construction if they bear the EC component type-approval mark.Nevertheless, a Member State may prohibit the placing on the market of windscreens and other glass panes or mechanical couplings bearing the EC component type-approval mark which do not 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 6The competent authorities of each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the component type-approval certificates, models of which are shown in Annex III or Annex IV, completed for each type of windscreen and other glass pane or mechanical coupling which they approve or refuse to approve.
Article 71.If the Member State which has granted EC component type-approval finds that a number of windscreens and other glass panes or mechanical couplings 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 extend, where there is a serious and repeated failure to conform, to withdrawal of the 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 inform each other within one month of any withdrawal of EC component type-approval and of the reasons for such a measure.
Article 8Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for a windscreen or mechanical coupling, or to prohibit their placing on the market or 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 9The amendments necessary to adapt to technical progress the requirements of Annexes I to VI shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
Article 10Member 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 11Directive 89/173/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 set out in Annex VIII.
Article 12This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.It shall apply from 1 June 2010.
Article 13This Directive is addressed to the Member States.
nullLIST OF ANNEXES
ANNEX I:Dimensions and towable masses
Appendix:Annex to the EC type-approval certificate
ANNEX II:Speed governor and protection of drive components, projections and wheels, additional safety requirements for special applications, operator’s manual
Appendix:Annex to the EC type-approval certificate
ANNEX III A:Windscreen and other glazing — Equipment requirements, definitions, application for component type-approval, component type-approval, markings, general specifications, tests and conformity of production
Appendix:Examples of component type-approval marks
ANNEX III B:Communication on EC component type-approval, refusal of EC component type-approval, extension of EC component type-approval and withdrawal of component type-approval
Appendix 1:Toughened-glass windscreens
Appendix 2:Uniformly toughened-glass panes other than windscreens
Appendix 3:Laminated-glass windscreens
Appendix 4:Laminated-glass panes other than windscreens
Appendix 5:Glass-plastic windscreens
Appendix 6:Glass-plastic panes other than windscreens
Appendix 7:Double-glazed units
Appendix 8:Contents of the list of windscreens
ANNEX III C:General test conditions
ANNEX III D:Toughened-glass windscreens
ANNEX III E:Uniformly toughened-glass panes other than windscreens
ANNEX III F:Ordinary laminated-glass windscreens
ANNEX III G:Laminated-glass panes other than windscreens
ANNEX III H:Treated laminated-glass windscreens
ANNEX III I:Safety-glass panes faced with plastic material on the inside
ANNEX III J:Glass-plastic windscreens
ANNEX III K:Glass-plastic panes other than windscreens
ANNEX III L:Double-glazed units
ANNEX III M:Grouping of windscreens for component type-approval testing
ANNEX III N:Measurement of the heights of segment and position of the points of impact
ANNEX III O:Checks on conformity of production
ANNEX III P:Annex to the EC type-approval certificate
ANNEX IV:Mechanical couplings between tractor and towed vehicle and the vertical load on the coupling point
Appendix 1:Drawings of mechanical coupling components
Appendix 2:Dynamic test method
Appendix 3:Coupling device static test method
Appendix 4:Component type-approval mark
Appendix 5:Model EC component type-approval certificate
Appendix 6:Conditions for granting EC type-approval
Appendix 7:Annex to the EC type-approval certificate
ANNEX V:Location and method of affixing statutory plates and inscriptions on the body of the tractor
Appendix:Annex to the EC type-approval certificate
ANNEX VI:Brake control of towed vehicles and brake coupling between the tractor and towed vehicles
Appendix:Annex to the EC type-approval certificate
ANNEX VII:Part A: Repealed Directive with list of its successive amendments
Part B: List of time-limits for transposition into national law and application
ANNEX VIII:Correlation Table