COMMISSION DIRECTIVE 2010/52/EU
of 11 August 2010
amending, 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)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 19(1)(b) thereof,
Whereas:
(1)
Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to passenger seats for wheeled agricultural or forestry tractors (2) and 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 (3) are two of the separate Directives in the context of the EC type-approval procedure for agricultural or forestry tractors under Directive 2003/37/EC.
(2)
Safety is one of the main pillars on which Directive 2003/37/EC is based. In order to enhance the protection of operators it is appropriate to complete the requirements applicable under that Directive in order to cover all hazards listed in Annex I to Directive 2006/42/EC of the European Parliament and of the Council (4) relating to machinery, not yet covered by the separate Directives under Directive 2003/37/EC.
(3)
With this amendment, Directive 2006/42/EC will no longer apply to tractors type-approved on the basis of the type-approval legislation for wheeled agricultural and forestry tractors, since with the implementation of this amending Directive the risks covered by Directive 2003/37/EC will comprise all risks covered by Directive 2006/42/EC.
(4)
The European Committee for Standardisation CEN has formulated harmonised standards on roll-over protection for passengers and against hazardous substances. Those standards have been adopted and published and should therefore be incorporated in this Directive.
(5)
Directive 76/763/EEC imposes requirements with regard to the design and installation of passenger seats on agricultural tractors; it is appropriate to amend that Directive in order to increase this protection by including additional technical specifications providing protection covering the risks of passenger injury as described in Directive 2006/42/EC, in particular regarding roll-over and seatbelt anchorage for passenger seats.
(6)
Directive 2009/144/EC imposes technical requirements relating to certain components and characteristics of wheeled agricultural tractors; it is appropriate to amend that Directive in order to increase this protection by including additional technical specifications providing protection against falling objects, against penetration of objects into the cabin and against hazardous substances; furthermore the minimum requirements for the operator’s manual should be set.
(7)
In order to achieve the smooth running of the type-approval process and in particular to enhance occupational safety, a minimum content for the operator’s manual should be defined. This will ensure that operators have the necessary information to assess the adequacy of tractors to their intended uses, as well as for carrying out an appropriate maintenance.
(8)
Provisions for Falling Objects Protective Structures, if provided, Operators Protection Structures, if provided, and for the prevention of contact with hazardous substances should be required according to the state of the art.
(9)
The measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress - Agricultural Tractors,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 76/763/EEC is amended in accordance with Annex I to this Directive.
Article 2
Directive 2009/144/EC is amended in accordance with Annex II to this Directive.
Article 3
1. With effect from the date of entry into force, with respect to vehicles which comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, Member States shall not, on grounds relating to the subject matter of these Directives:
(a)
refuse to grant EC type-approval or to grant national type-approval; or
(b)
prohibit the registration, sale or entry into service of such a vehicle.
2. With effect from 1 year after the date of entry into force, with respect to new types of vehicles which do not comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, and on grounds relating to the subject matter of these Directives, Member States:
(a)
shall refuse to grant EC type-approval; and
(b)
may refuse to grant national type-approval.
3. With effect from 2 years after the date of entry into force, with respect to new vehicles which do not comply with the requirements laid down in Directive 76/763/EEC and Directive 2009/144/EC as amended by this Directive, and on grounds relating to the subject matter of these Directives, Member States:
(a)
shall consider certificates of conformity which accompany new vehicles in accordance with Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1) of Directive 2003/37/EC; and
(b)
may refuse the registration, sale or entry into service of those vehicles.
Article 4
1. Member States shall adopt and publish, by 1 March 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the texts of those provisions.
They shall apply those provisions from 2 March 2011.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 5
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 11 August 2010.