title: Directive 2009/75/EC of the European Parliament and of the Council of 13 July 2009 on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Text with EEA relevance)

text:
               3.10.2009

               EN

               Official Journal of the European Union

               L 261/40

      DIRECTIVE 2009/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on roll-over protection structures of wheeled agricultural or forestry tractors (static testing)
   (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 Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 79/622/EEC of 25 June 1979 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 79/622/EEC is one of the separate Directives of the EC type-approval system provided for in 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, 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 (5), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards their roll-over protection structure (static testing). 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 or 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 of the Directives set out in Annex X, 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)

               clearance beneath the rear axle of not more than 1 000 mm;

               (b)

               fixed or minimum adjustable track width of one of the driving axles of 1 150 mm or more;

               (c)

               possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar;

               (d)

               mass of 800 kg or more, corresponding to the unladen mass of the tractor as referred to in point 2.1,1 of 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 to V.
   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 their respective authorised representatives, an EC component type-approval mark conforming to the model shown in Annex VI.
   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
   No Member State may prohibit the placing on the market of roll-over protection structures or their tractor attachments 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 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 copies of the component EC type-approval certificates, a model of which is shown in Annex VII, 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 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 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 component EC 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 decision 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.   No Member State may refuse to grant EC type-approval, to issue the document provided for in Article 2(u) of Directive 2003/37/EC, or to grant national type-approval in respect of a type of tractor on grounds relating to the roll-over protection structures, if these satisfy the requirements set out in Annexes I to IX.
   2.   Member States may not issue the document provided for in Article 2(u) of Directive 2003/37/EC in respect of a type of tractor which does not meet the requirements of this Directive.
   Member States may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of this Directive.
   Article 9
   No Member State may refuse to register or prohibit the sale, initial entry into service or use of any tractor on grounds relating to the roll-over protection structures if these satisfy the requirements set out in Annexes I to IX.
   Article 10
   For the purposes of EC type-approval, any tractor to which Article 1 refers must be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV.
   However, the tractors defined in Article 1 of Directive 2009/57/EC of 13 July 2009 of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (6) may, for the purposes of EC type-approval, be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV of that Directive.
   Article 11
   Any amendments necessary to adapt to technical progress the requirements of Annexes I to IX shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 12
   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 13
   Directive 79/622/EEC, as amended by the acts listed in Annex X, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex X, 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 XI.
   Article 14
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010.
   Article 15
   This Directive is addressed to the Member States.

      Done at Brussels, 13 July 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ C 211, 19.8.2008, p. 17.

      (2)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 22 June 2009.

      (3)  OJ L 179, 17.7.1979, p. 1.

      (4)  See Annex X, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      (6)  See page 1 of this Official Journal.

      LIST OF ANNEXES

                     ANNEX I

               Conditions for EC component type-approval

                     ANNEX II

               Conditions for testing the strength of the protection structures and of their attachment to tractors

                     ANNEX III

               Test procedures

                     ANNEX IV

               Figures

                     ANNEX V

               Test report model relating to the EC component type-approval test of a protection structure (safety frame or cab) with regard to its strength as well as the strength of its attachment to the tractor (static testing)

                     ANNEX VI

               Marks

                     ANNEX VII

               Model of EC component type-approval certificate

                     ANNEX VIII

               Conditions for EC type-approval

                     ANNEX IX

               Annex to the EC type-approval certificate for a tractor type with regard to the strength of the protection structures (safety cab or frame) and of their attachment to the tractor (static testing)

                     ANNEX X

                  Part A: Repealed Directive with list of its successive amendments
                  Part B: List of time limits for transposition into national law

                     ANNEX XI

               Correlation table

         ANNEX I

            Conditions for EC component type-approval

         1.   DEFINITION

                     1.1.

                     ‘Roll-over protection structure’ (safety cab or frame), hereinafter called ‘protection structure’, means the structure on a tractor the essential purpose of which is to avoid or limit risks to the driver resulting from roll-over of the tractor during normal use.

                     1.2.

                     The structures mentioned in point 1.1 are characterised by the fact that during the tests prescribed in Annexes II and III they ensure an unobstructed space inside them large enough to protect the driver.

               2.   GENERAL REQUIREMENTS

                     2.1.

                     Every protection structure and its attachment to a tractor must be so designed and constructed as to fulfil the essential purpose laid down in point 1.

                     2.2.

                     This condition is considered to be fulfilled if the requirements of Annexes II and III are complied with.

               3.   APPLICATION FOR EC COMPONENT TYPE-APPROVAL

                     3.1.

                     The application for EC component type-approval with regard to the strength of a protection structure and the strength of its attachment to a tractor shall be submitted by the tractor manufacturer or by the manufacturer of the protection structure or by their respective authorised representatives.

                     3.2.

                     The application for EC component type-approval shall be accompanied by the undermentioned documents in triplicate and by the following particulars:

                                 —

                                 general arrangement drawing either to a scale marked on the drawing or giving the main dimensions of the protection structure. This drawing must in particular show details of the mounting components,

                                 —

                                 photographs from side and rear showing mounting details,

                                 —

                                 brief description of the protection structure including type of construction, details of mounting on the tractor and, where necessary, details of cladding, means of access and escape, details of interior padding and features to prevent continuous rolling and details of heating and ventilation,

                                 —

                                 details of materials used in structural parts including attaching brackets and fixing bolts (see Annex V).

                     3.3.

                     A tractor representative of the tractor type for which the protection structure to be approved is intended shall be submitted to the technical service responsible for conducting the component type-approval tests. This tractor shall be fitted with the protection structure.

                     3.4.

                     The holder of EC component type-approval may request its extension to other tractor types. The competent authority which has granted the original EC component type-approval shall grant the extension if the approved protection structure and the type(s) of tractor for which the extension is requested comply with the following conditions:

                                 —

                                 the mass of the unballasted tractor, as defined in point 1.3 of Annex II, does not exceed by more than 5 % the reference mass used in the test,

                                 —

                                 the method of attachment and the tractor’s components to which the attachments are made are identical,

                                 —

                                 any components such as mudguards and bonnet cowls which may provide support for the protection structure are identical,

                                 —

                                 the position and critical dimensions of the seat in the protection structure and the relative positions of the protection structure and the tractor shall be such that the zone of clearance would have remained within the protection of the deflected structure throughout all tests.

               4.   MARKINGS

                     4.1.

                     Every protection structure conforming to the approved type shall bear the following markings:

                                 4.1.1.

                                 the trade mark or name;

                                 4.1.2.

                                 a component type-approval mark conforming to the model in Annex VI;

                                 4.1.3.

                                 serial number of the protection structure;

                                 4.1.4.

                                 make and type(s) of tractor(s) for which the protection structure is intended.

                     4.2.

                     All these particulars must appear on a small plate.

                     4.3.

                     These markings must be visible, legible and indelible.

         ANNEX II

            Conditions for testing the strength of the protection structures and of their attachment to tractors

         1.   GENERAL REQUIREMENTS
         1.1.   Test purposes
         Tests made using special rigs are intended to simulate such loads as are imposed on a protection structure, when the tractor overturns. These tests, described in Annex III, enable observations to be made on the strength of the protection structure and any brackets attaching it to the tractor and any parts of the tractor which transmit the test force.
         1.2.   Preparation for test
         1.2.1.   The protection structure must conform to the series production specifications. It shall be attached in accordance with the manufacturer’s declared method of attachment to one of the tractors for which it is designed. A complete tractor is not required for the test; however, the protection structure and parts of the tractor on which it is attached for the tests shall represent an operating installation, hereinafter referred to as ‘the assembly’.
         1.2.2.   The assembly shall be secured to the bedplate so that the members connecting the assembly and the bedplate do not deflect significantly in relation to the protection structure under loading. The method of attachment of the assembly to the bedplate must not of itself modify the strength of the assembly.
         1.2.3.   The assembly must be supported and secured or modified so that all the test energy is absorbed by the protection structure and its attachment to the rigid components of the tractor.
         1.2.3.1.   To comply with the requirements of point 1.2.3, the modification shall lock any tractor ride suspension system so as to ensure that it does not absorb any of the test energy.
         1.2.4.   For the tests the tractor must be fitted with all structural components of the series production which may influence the strength of the protection structure or which may be necessary for the strength test.
         Components which may create a hazard in the zone of clearance must also be fitted so that they may be examined to see whether the requirements of point 4 have been fulfilled.
         All components that the driver could himself remove shall be removed for the tests. If it is possible to keep the doors and windows open or to remove them when the tractor is in use, they must be kept open or removed during the tests, so as not to increase the strength of the roll-over protection structure. If, in this position, they constitute a danger for the driver should the tractor roll over, the test report must refer to this fact.
         1.3.   Tractor mass
         The reference mass mt, used in the formulae (see Annex III) to calculate the energies and the crushing force, shall be at least that defined in point 2.1.1 of Annex I to Directive 2003/37/EC (i.e. excluding optional accessories but including coolant, oils, fuel, tools and driver) plus the protection structure and less 75 kg.
         Not included are optional front or rear weights, tyre ballast, mounted implements, mounted equipment or any specialised components.
         2.   APPARATUS AND EQUIPMENT
         2.1.   Horizontal loading tests (side and longitudinal)
         2.1.1.   Material, equipment and tie-down means adequate to ensure that the assembly is firmly fixed to the bedplate, independently of tyres if present.
         2.1.2.   Means of applying a horizontal force on the protection structure by a stiff beam as shown in figures 1 and 2 of Annex IV.
         2.1.2.1.   The stiff beam shall have a vertical face dimension of 150 mm.
         2.1.2.2.   Provision must be made so that the load can be uniformly distributed normal to the direction of loading and along a beam having a length of one of the exact multiples of 50 between 250 and 700 mm.
         2.1.2.3.   The edges of the beam in contact with the protection structure shall be curved with a maximum radius of 50 mm.
         2.1.2.4.   Universal joints — or the equivalent — shall be incorporated to ensure that the loading device does not constrain the structure in rotation or translation in any direction other than the direction of loading.
         2.1.2.5.   Where the horizontal length of the protection structure to which the load is to be applied does not constitute a straight line normal to the direction of application of the load, the space shall be packed so as to distribute the load over this length.
         2.1.3.   Equipment for measuring as far as is technically possible the energy absorbed by the protection structure and the rigid parts of the tractor to which it is attached, for example by measuring the force applied along its direction of application and the corresponding deflection relative to a point on the tractor chassis.
         2.1.4.   Means for proving that the zone of clearance has not been entered during the test. A rig according to figures 6a, 6b and 6c of Annex IV can be used.
         2.2.   Crushing tests (rear and front)
         2.2.1.   Material, equipment and tie-down means adequate to ensure that the tractor is firmly fixed to the bedplate, independently of tyres.
         2.2.2.   Means for applying a vertical force on the protection structure, such as shown in figure 3 of Annex IV, including a stiff crushing beam with a width of 250 mm.
         2.2.3.   Equipment for measuring the total vertical force applied.
         2.2.4.   Means for proving that the zone of clearance has not been entered during the test. A rig according to figures 6a, 6b and 6c of Annex IV can be used.
         2.3.   Measurement tolerances
         2.3.1.   Dimensions: ± 3 mm.
         2.3.2.   Deflection: ± 3 mm.
         2.3.3.   Tractor mass: ± 20 kg.
         2.3.4.   Loads and forces: ± 2 %.
         2.3.5.   Direction of loading: deviation from horizontal and vertical directions specified in Annex III:

                     —

                     at start of test, under zero load: ± 2°,

                     —

                     during test, under load: 10° above and 20° below the horizontal. These variations shall as far as possible be kept to a minimum.

               3.   TESTS
         3.1.   General requirements
         3.1.1.   Sequence of tests
         3.1.1.1.   The sequence of tests shall be as follows:

                     3.1.1.1.1.

                     Longitudinal loading (Annex III, point 1.2)
                     For tractors with at least 50 % of the mass as defined in point 1.3 on the rear wheels the longitudinal loading shall be applied from the rear (case 1). For other tractors the longitudinal loading shall be applied from the front (case 2).

                     3.1.1.1.2.

                     First crushing test
                     The first crushing test shall be applied at the same end of the protection structure as the longitudinal loading, i.e.:

                                 —

                                 at the rear in case 1 (Annex III, point 1.5), or

                                 —

                                 at the front in case 2 (Annex III, point 1.6).

                     3.1.1.1.3.

                     Loading from the side (Annex III, point 1.3)

                     3.1.1.1.4.

                     Second crushing test
                     The second crushing test shall be applied at the opposite end of the protection structure to the longitudinal loading, i.e.:

                                 —

                                 at the front in case 1 (Annex III, point 1.6), or

                                 —

                                 at the rear in case 2 (Annex III, point 1.5).

                     3.1.1.1.5.

                     Second longitudinal loading (Annex III, point 1.7)
                     A second longitudinal loading shall be applied to tractors fitted with a protection structure designed to be tilted when the direction of application of the longitudinal loading (see point 3.1.1.1.1) would not have tilted the protection structure.

               3.1.1.2.   If, during the test, any part of the restraining equipment breaks or moves, the test shall be re-started.
         3.1.1.3.   No repairs or adjustments to the tractor or protection structure may be carried out during the tests.
         3.1.2.   Wheel track width
         The wheels shall be removed or set at a track width setting which ensures that no interference can occur with the protection structure during the tests.
         3.1.3.   Removal of non-hazard creating components
         All components of the tractor and protection structure which, as complete units, constitute protection for the driver — including weather protection — shall be supplied complete on a tractor for inspection.
         The protection structure to be tested need not be fitted with front, side or rear windows of safety glass or similar material, or with any detachable panels, fittings and accessories, which have no function of structural strength and which cannot create a hazard in the event of overturning.
         3.1.4.   Instrumentation
         The protection structure shall be instrumented with the necessary equipment to obtain the data required to draw the force-deflection diagram (see figure 4 of Annex IV). Total and permanent protection structure deflection shall be measured and noted for each stage of the test (see figure 5 of Annex IV).
         3.1.5.   Direction of loading
         In the case of a tractor whose seat is not on the median plane of the tractor and/or non-symmetrical strength of the structure, the side loading shall be on the side most likely to lead to infringement of the zone of clearance during the tests (see also Annex III, point 1.3).
         4.   ACCEPTANCE CONDITIONS
         4.1.   A protection structure submitted for EC component type-approval shall be considered as having satisfied the strength requirements if after the tests it fulfils the following conditions:

                     4.1.1.

                     No part of the zone of clearance as described in point 3.2 of Annex III has been entered by, or has been outside the protection of, the protection structure during the tests specified in points 1.2, 1.3, 1.5, 1.6 and, where appropriate, point 1.7 of Annex III.
                     If an overload test has been carried out, the force applied when the specified energy is absorbed shall be greater than 0,8 of the maximum force occurring during both the main test and the overload test concerned (see figures 4b and 4c of Annex IV).

                     4.1.2.

                     During the tests the protection structure must not impose any constraint on the seat structure.

                     4.1.3.

                     At the point when the required energy level is attained in each of the specified horizontal loading tests, the force shall exceed 0,8 Fmax.

               4.2.   In addition there shall be no other feature presenting a particular hazard to the driver, for example insufficient padding inside the roof or anywhere else where the driver’s head may strike.
         5.   TEST REPORT
         5.1.   The test report shall be attached to the EC component type-approval certificate referred to in Annex VII. The presentation of the report shall be as shown in Annex V. It shall include:

                     5.1.1.

                     A general description of the protection structure’s shape and construction (see Annex V for the obligatory dimensions), including the provisions for normal entry, exit and escape; the provisions for the heating and ventilation system, and other accessories where these are available and where they could affect the zone of clearance or might create a hazard.

                     5.1.2.

                     Details of any special features such as devices to prevent the continuous rolling of the tractor.

                     5.1.3.

                     A brief description of any interior padding.

                     5.1.4.

                     A statement of the type of windscreen and glazing fitted and of any EC or other approval marking incorporated.

               5.2.   If EC component type-approval is being extended for other tractor types, the report must include the exact reference of the report of the original EC component type-approval as well as precise indications regarding the requirements laid down in point 3.4 of Annex I.
         5.3.   The report must identify clearly the tractor type (make, type and commercial description, etc.) used for testing and the types for which the protection structure is intended.
         6.   SYMBOLS

                     mt

                     =

                     reference tractor mass (kg), as defined in point 1.3.

                     D

                     =

                     deflection (mm) of structure at the point of and in line with the load application.

                     D’

                     =

                     deflection (mm) of structure for the calculated energy required.

                     F

                     =

                     static load force (N) (newtons).

                     Fmax

                     =

                     maximum static load force occurring during loading, (N) with the exception of the overload.

                     F’

                     =

                     force for the calculated energy required.

                     F-D

                     =

                     force/deflection curve.

                     Eis

                     =

                     energy input to be absorbed during side loading (J) (joules).

                     Eil 1

                     =

                     energy input to be absorbed during longitudinal loading (J).

                     Eil 2

                     =

                     energy input to be absorbed during application of the second longitudinal load (J).

                     Fr

                     =

                     applied force at rear in the crushing test (N).

                     Ff

                     =

                     applied force at front in the crushing test (N).

         ANNEX III

            TEST PROCEDURE

         1.   HORIZONTAL LOADING AND CRUSHING TESTS
         1.1.   General provisions for horizontal loading tests
         1.1.1.   The loads applied to the protection structure shall be distributed by means of a stiff beam, complying with the specifications laid down in point 2.1.2 of Annex II, located normal to the direction of load application; the stiff beam may be equipped with a means of preventing its being displaced sideways. The rate of deflection under loading shall not be greater than 5 mm/s. As the load is applied, the values F and D shall be recorded simultaneously at deflection increments of 15 mm or less, to ensure accuracy. Once the initial application has commenced, the load shall not be reduced until the test has been completed; but it is permitted to cease increasing the load if desired, for example to record measurements.
         1.1.2.   If the structural member to which the load is to be applied is curved, the specifications laid down in point 2.1.2.5 of Annex II must be complied with. The application of a load must, however, comply with the requirements of point 1.1.1 above and point 2.1.2 of Annex II.
         1.1.3.   If no structural cross member exists at the point of application, a substitute test beam which does not add strength to the structure may be utilised for the test procedure.
         1.1.4.   The structure shall be inspected visually when the load is removed after each loading test has been completed. If cracks or tears have occurred during loading, the overload test specified in point 1.4 below shall be carried out before proceeding to the next loading in the sequence given in point 3.1.1.1 of Annex II.
         1.2.   Longitudinal loading (see figure 2 of Annex IV)
         Load application shall be horizontal and parallel to the vertical median plane of the tractor.
         For tractors with at least 50 % of their mass, as defined in point 1.3 of Annex II, on the rear wheels, the longitudinal rear load and the lateral load shall be applied on different sides of the median longitudinal plane of the protection structure. For tractors with at least 50 % of their mass on the front wheels, the longitudinal front load shall be on the same side of the median longitudinal plane of the protection structure as the lateral load.
         It shall be applied to the uppermost transverse structural member of the protection structure (i.e. the part which would be likely to strike the ground first in an overturning incident).
         The point of application of the load shall be located one-sixth of the width of the top of the protection structure inwards from the outside corner. The width of the protection structure shall be taken as the distance between two lines parallel to the vertical median plane of the tractor touching the outside extremities of the protection structure in the horizontal plane touching the top of the uppermost transverse structural members.
         The length of the beam shall be not less than one-third of the width of the protection structure (as previously described) and not more than 49 mm greater than this minimum.
         The longitudinal loading is applied from the rear or front, as defined in point 3.1.1.1 of Annex II.
         The test shall be stopped whenever:

                     (a)

                     the strain energy absorbed by the protection structure is equal to or greater than the required energy input Eil 1 (where Eil 1 = 1,4 mt);

                     (b)

                     the structure infringes the zone of clearance or leaves the zone of clearance unprotected.

               1.3.   Loading from the side (see figure 1 of Annex IV)
         The loading shall be applied horizontally at 90° to the vertical median plane of the tractor. It shall be applied to the upper extremity of the protection structure at a point 300 mm forward of the seat reference point with the seat in its rearmost position (see point 2.3.1). If the protection structure has any projection on the side which would be certain to contact the ground first during a sideways overturn, the loading shall be applied at that point. In the case of a tractor with a reversible position, the load shall be applied to the upper extremity of the roll-over protection structure half-way between the two seat reference points.
         The beam shall be as long as practicable, but no more than 700 mm in length.
         The test shall be stopped whenever:

                     (a)

                     the strain energy absorbed by the protection structure is equal to or greater than the required energy input Eis (where Eis = 1,75 mt); or

                     (b)

                     the structure infringes the zone of clearance or leaves the zone of clearance unprotected.

               1.4.   Overload test (see figures 4a, 4b and 4c in Annex IV)
         1.4.1.   The overload test must be carried out if the force decreases by more than 3 % during the last 5 % of the deflection achieved, where the energy required is absorbed by the structure (see figure 4b).
         1.4.2.   The overload test involves the gradual increase of the horizontal load by increments of 5 % of the initial energy requirement up to a maximum of 20 % of energy added (see figure 4c).
         1.4.2.1.   The overload test is satisfactory if, after each increase by 5 %, 10 % or 15 % in the energy required, the force decreases by less than 3 % for a 5 % increment and remains more than 0,8 Fmax.
         1.4.2.2.   The overload test is satisfactory if, after the structure has absorbed 20 % of the added energy, the force exceeds 0,8 Fmax.
         1.4.2.3.   Additional cracks or tears and/or entry into or lack of protection of the zone of clearance due to elastic deformation are permitted during the overload test. However, after the removal of the load, the structure shall not enter the zone of clearance, which shall be completely protected.
         1.5.   Crushing at the rear
         The beam shall be positioned over the rear uppermost structural members and the resultant of crushing forces shall be located in the vertical longitudinal reference plane. A force Fr = 20 mt shall be applied.
         Where the rear part of the protection structure roof will not sustain the full crushing force, the force shall be applied until the roof is deflected to coincide with the plane joining the upper part of the protection structure with that part of the rear of the tractor capable of supporting the vehicle’s mass when overturned. The force shall then be removed, and the tractor or loading force repositioned so that the beam is over that point of the protection structure which would then support the tractor when completely overturned. The force Fr shall then be applied.
         The force Fr shall be applied for a minimum of five seconds following the cessation of the visually detectable deflection.
         The test shall be stopped if the structure infringes the zone of clearance or leaves the zone of clearance unprotected.
         1.6.   Crushing at the front
         The beam shall be positioned across the front uppermost structural members and the resultant of crushing forces shall be located in the vertical longitudinal reference plane. A force Ff = 20 mt shall be applied.
         Where the front part of the protection structure roof will not sustain the full crushing force, the force shall be applied until the roof is deflected to coincide with the plane joining the upper part of the protection structure with that part of the front of the tractor capable of supporting the vehicle’s mass when overturned. The force shall then be removed, and the tractor or loading force repositioned so that the beam is over that point of the protection structure which would then support the tractor when completely overturned. The force Ff shall then be applied.
         The force Ff shall be applied for a minimum of five seconds following the cessation of the visually detectable deflection.
         The test shall be stopped if the structure infringes the zone of clearance or leaves the zone of clearance unprotected.
         1.7.   Second longitudinal loading
         Load application shall be horizontal parallel to the vertical median plane of the tractor.
         The second longitudinal loading is applied from the rear or front as defined in point 3.1.1.1 of Annex II.
         It shall be applied in the opposite direction to and at the corner furthest from the longitudinal loading in point 1.2.
         It shall be applied to the uppermost transverse structural member of the protection structure (i.e. that part which would be likely to strike the ground in an overturning incident).
         The point of application of the load shall be located one sixth of the width of the top of the protection structure inwards from the outside corner. The width of the protection structure shall be taken as the distance between two lines parallel to the vertical median plane of the tractor touching the outside extremities of the protection structure in the horizontal plane touching the top of the uppermost transverse structural members.
         The length of the beam shall be not less than one third of the width of the protection structure (as previously described) and not more than 49 mm more than this minimum.
         The test shall be stopped whenever:

                     (a)

                     the strain energy absorbed by the structure is equal to or greater than the required energy input Eil 2 (where Eil 2 = 0,35 mt); or

                     (b)

                     the structure infringes the zone of clearance or leaves the zone of clearance unprotected.

               2.   ZONE OF CLEARANCE
         2.1.   The zone of clearance is illustrated in figure 6 of Annex IV and is defined in relation to a vertical reference plane generally longitudinal to the tractor and passing through a seat reference point, described in point 2.3, and the centre of the steering wheel. The reference plane shall be assumed to move horizontally with the seat and steering wheel during application of the load but to remain perpendicular to the floor of the tractor or of the protection structure if this is resiliently mounted.
         Where the steering wheel is adjustable, its position shall be that for normal seated driving.
         2.2.   The boundaries of the zone shall be taken as:
         2.2.1.   vertical planes 250 mm on either side of the reference plane extending upwards from the seat reference point for 300 mm;
         2.2.2.   parallel planes extending from the upper edge of the planes referred to in point 2.2.1 to a maximum height of 900 mm above the seat reference point and inclined in such a way that the upper edge of the plane on the side from which the side loading is applied is at least 100 mm from the reference plane;
         2.2.3.   a horizontal plane 900 mm above the seat reference point;
         2.2.4.   an inclined plane perpendicular to the reference plane and including a point 900 mm directly above the seat reference point and the rearmost point of the seat backrest;
         2.2.5.   a surface, if necessary curved, with a series of straight lines perpendicular to the reference plane extending downwards from the rearmost point of the seat in contact with the seat backrest throughout its length;
         2.2.6.   a curvilinear surface, perpendicular to the reference plane, with a radius of 120 mm tangential to planes referred to in points 2.2.3 and 2.2.4;
         2.2.7.   a curvilinear surface, perpendicular to the reference plane, having a radius of 900 mm extending forward for 400 mm from and tangential to the plane referred to in point 2.2.3 at a point 150 mm forward of the seat reference point;
         2.2.8.   an inclined plane perpendicular to the reference plane, joining surface referred to in point 2.2.7 at its forward edge and passing 40 mm from the steering wheel. In the case of a high steering wheel position this plane is replaced by a tangent plane to the surface referred to in point 2.2.7;
         2.2.9.   a vertical plane, perpendicular to the reference plane, 40 mm forward of the steering wheel;
         2.2.10.   a horizontal plane through the seat reference point;
         2.2.11.   in the case of a tractor with a reversible driving position, the clearance shall be a combination of the two clearances determined for the two positions of the steering wheel and seat;
         2.2.12.   in the case of a tractor which can be fitted with optional seats, the tests shall be based on the combined seat-reference-point clearance for all available seat options. The roll-over protection structure must not enter the combined clearance around the various seat reference points;
         2.2.13.   where a new seat option is proposed after the test has taken place, a calculation shall be made to determine whether the clearance around the new seat reference point is located entirely within the clearance previously established. If this is not the case, a new test shall be required.
         2.3.   Seat location and seat reference point
         2.3.1.   For the purpose of defining the zone of clearance in point 2.1 the seat shall be at the rearmost point of any horizontal adjustment range. It shall be set at the highest point of the vertical adjustment range where this is independent of adjustment of its horizontal position.
         The reference point shall be established using the apparatus illustrated in figures 7 and 8 of Annex IV to simulate loading by a human occupant. The apparatus shall consist of a seat pan board and backrest boards. The lower backrest board shall be jointed in the region of the ischium humps (A) and loin (B), the joint (B) being adjustable in height.
         2.3.2.   The reference point is defined as the point in the median longitudinal plane of the seat where the tangential plane of the lower backrest and a horizontal plane intersect. This horizontal plane cuts the lower surface of the seat pan board 150 mm in front of the abovementioned tangent.
         2.3.3.   Where a seat incorporates a free sprung suspension travel, whether or not this can be adjusted for the weight of the driver, the seat shall be set at the mid-point of this travel.
         The apparatus shall be positioned on the seat. It shall then be loaded with a force of 550 N at a point 50 mm in front of joint (A), and the two parts of the backrest board shall be lightly pressed tangentially against the backrest.
         2.3.4.   If it is not possible to determine definite tangents to each area of the backrest (below and above lumbar region) the following shall be done:

                     2.3.4.1.

                     where no definite tangent to the lower area is possible, the lower part of the backrest board is pressed against the backrest vertically;

                     2.3.4.2.

                     where no definite tangent to the upper area is possible, the joint (B) is fixed at a height which is 230 mm above the seat reference point, if the lower part of the backrest board is vertical. Then the two parts of the backrest board are lightly pressed against the backrest.

               3.   CONTROLS AND MEASUREMENTS TO BE MADE
         3.1.   Zone of clearance
         During each test the protection structure shall be examined to see whether any part of the protection structure has entered a zone of clearance round the driving seat as defined in point 2.1. In addition, the protection structure shall be examined to determine whether any part of the zone of clearance is outside the protection of the protection structure. For this purpose, it shall be considered to be outside the protection of the protection structure if any part of it would have come into contact with flat ground if the tractor had overturned towards the direction from which the loading was applied. For this purpose, the tyre and track setting shall be assumed to be the smallest specified by the manufacturer.
         3.2.   Final permanent deflection
         After the tests, the final permanent deflection of the protection structure shall be recorded. For this purpose, before the start of the test, the position of the main protection structure members in relation to the seat reference point shall be recorded.

         ANNEX IV

            FIGURES

                     Figure 1

                     :

                     Point of application of lateral load

                     Figure 2

                     :

                     Point of application of longitudinal rear load

                     Figure 3

                     :

                     Example of an arrangement for crushing test

                     Figure 4a

                     :

                     Force/deflection curve — overload test not necessary

                     Figure 4b

                     :

                     Force/deflection curve — overload test necessary

                     Figure 4c

                     :

                     Force/deflection curve — overload test to be continued

                     Figure 5

                     :

                     Illustration of the terms ‘permanent deflection’, ‘elastic deflection’ and ‘total deflection’

                     Figure 6a

                     :

                     Side view of zone of clearance

                     Figure 6b

                     :

                     Front/rear view of zone of clearance

                     Figure 6c

                     :

                     Isometric view

                     Figure 7

                     :

                     Apparatus for determination of seat reference point

                     Figure 8

                     :

                     Method of determining seat reference point

         ANNEX V

         ANNEX VI

            MARKS

         The EC component type-approval mark shall consist of a rectangle surrounding the lowercase letter ‘e’, followed by the distinguishing number of the Member State which has granted the component type-approval:
         1. for Germany
         2. for France
         3. for Italy
         4. for the Netherlands
         5. for Sweden
         6. for Belgium
         7. for Hungary
         8. for the Czech Republic
         9. for Spain
         11. for the United Kingdom
         12. for Austria
         13. for Luxembourg
         17. for Finland
         18. for Denmark
         19. for Romania
         20. for Poland
         21. for Portugal
         23. for Greece
         24. for Ireland
         26. for Slovenia
         27. for Slovakia
         29. for Estonia
         32. for Latvia
         34. for Bulgaria
         36. for Lithuania
         49. for Cyprus
         50. for Malta
         It must also include in the vicinity of the rectangle the EC component type-approval number which corresponds to the number of the EC component type-approval certificate issued with regard to the strength of the type of protection structure and its attachment to the tractor.

            Example of an EC component type-approval mark

         The EC component type-approval mark shall be supplemented by an additional symbol ‘S’

         ANNEX VII

         ANNEX VIII

            Conditions for EC type-approval

                     1.

                     The application for EC type-approval of a tractor, with regard to the strength of a protection structure and the strength of its attachment to the tractor, shall be submitted by the tractor manufacturer or by his authorised representative.

                     2.

                     A tractor representative of the tractor type to be approved, on which a protection structure and its attachment, duly approved, are mounted, shall be submitted to the technical services responsible for conducting the type-approval tests.

                     3.

                     The technical service responsible for conducting the type-approval tests shall check whether the approved type of protection structure is intended to be mounted on the type of tractor for which the type-approval is requested. In particular, it shall ascertain that the attachment of the protection structure corresponds to that which was tested when the EC component type-approval was granted.

                     4.

                     The holder of the EC type-approval may ask for its extension for other types of protection structures.

                     5.

                     The competent authorities shall grant such extension on the following conditions:

                                 5.1.

                                 the new type of protection structure and its tractor attachment have received EC component type-approval;

                                 5.2.

                                 it is designed to be mounted on the type of tractor for which the extension of the EC type-approval is requested;

                                 5.3.

                                 the attachment of the protection structure to the tractor corresponds to that which was tested when EC component type-approval was granted.

                     6.

                     A certificate, of which a model is shown in Annex IX, shall be annexed to the EC type-approval certificate for each type-approval or type-approval extension which has been granted or refused.

                     7.

                     If the application for EC type-approval for a type of tractor is introduced at the same time as the request for EC component type-approval for a type of protection structure intended to be mounted on the type of tractor for which EC type-approval is requested, the checks laid down in points 2 and 3 shall not be made.

         ANNEX IX

         ANNEX X
         PART A

            Repealed Directive with list of its successive amendments

         (referred to in Article 13)

                     Council Directive 79/622/EEC
                     (OJ L 179, 17.7.1979, p. 1)

                     Commission Directive 82/953/EEC
                     (OJ L 386, 31.12.1982, p. 31)

                     Point IX.A.15.(h) of Annex I to the 1985 Act of Accession
                     (OJ L 302, 15.11.1985, p. 213)

                     Council Directive 87/354/EEC
                     (OJ L 192, 11.7.1987, p. 43)

                     Only as regards references made to Directive 79/622/EEC in Article 1 and point 9(h) of the Annex

                     Commission Directive 88/413/EEC
                     (OJ L 200, 26.7.1988, p. 32)

                     Point XI.C.II.4 of Annex I to the 1994 Act of Accession
                     (OJ C 241, 29.8.1994, p. 206)

                     Commission Directive 1999/40/EC
                     (OJ L 124, 18.5.1999, p. 11)

                     Point 1.A.29 of Annex II to the 2003 Act of Accession
                     (OJ L 236, 23.9.2003, p. 61)

                     Council Directive 2006/96/EC
                     (OJ L 363, 20.12.2006, p. 81)

                     Only as regards references made to Directive 79/622/EEC in Article 1 and point A.28 of the Annex

               PART B

            List of time limits for transposition into national law

         (referred to in Article 13)

                     Directive

                     Time limit for transposition

                     79/622/EEC

                     27 December 1980

                     82/953/EEC

                     30 September 1983 (1)

                     87/354/EEC

                     31 December 1987

                     88/413/EEC

                     30 September 1988 (2)

                     1999/40/EC

                     30 June 2000 (3)

                     2006/96/EC

                     31 December 2006

            (1)  In accordance with Article 2 of Directive 82/953/EEC:

            ‘1.   With effect from 1 October 1983, no Member State may:

                        —

                        refuse to grant EEC type-approval, to issue the documents referred to in the last indent of Article 10(1) of Directive 74/150/EEC or to grant national type-approval, in respect of a type of tractor, or

                        —

                        prohibit the entry into service of tractors,

                  if the roll-over protection structure for this type of tractor or these tractors complies with the provisions of this Directive.
            2.   With effect from 1 October 1984, a Member State:

                        —

                        shall no longer issue the document referred to in the last indent of Article 10(1) of Directive 74/150/EEC in respect of a type of tractor on which the roll-over protection structure does not comply with the provisions of this Directive,

                        —

                        may refuse to grant national type-approval in respect of a type of tractor on which the rollover protection structure does not comply with the provisions of this Directive.

                  3.   With effect from 1 October 1985, Member States may prohibit the entry into service of tractors on which the roll-over protection structure does not comply with the provisions of this Directive.
            4.   The provisions of paragraphs 1 to 3 shall be without prejudice to the provisions of Directive 77/536/EEC.’.

            (2)  In accordance with Article 2 of Directive 88/413/EEC:

            ‘1.   From 1 October 1988 no Member State may:

                        —

                        refuse, in respect of a type of tractor, to grant EEC type-approval, to issue the document referred to in Article 10(1), final indent of Directive 74/150/EEC, or to grant national type-approval, or

                        —

                        prohibit the entry into service of tractors,

                  if the roll-over protection structures of this type of tractor or tractors comply with the provisions of this Directive.
            2.   From 1 October 1989 Member States:

                        —

                        shall not issue the document referred to in Article 10(1) final indent of Directive 74/150/EEC in respect of a type of tractor, the roll-over protection device of which does not comply with the provisions of this Directive,

                        —

                        may refuse to grant national type-approval in respect of a type of tractor, the roll-over protection structure of which does not comply with the provisions of this Directive.’.

            (3)  In accordance with Article 2 of Directive 1999/40/EC:

            ‘1.   From 1 July 2000, Member States may not:

                        —

                        refuse to grant EC type-approval, to issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, in respect of a type of tractor, or

                        —

                        prohibit the entry into service of tractors,

                  if the tractors in question meet the requirements of Directive 79/622/EEC, as amended by this Directive.
            2.   From 1 January 2001, Member States:

                        —

                        shall no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC in respect of any type of tractor which does not meet the requirements of Directive 79/622/EEC, as amended by this Directive,

                        —

                        may refuse to grant national type-approval in respect of any type of tractor which does not meet the requirements of Directive 79/622/EEC, as amended by this Directive.’.

         ANNEX XI

            CORRELATION TABLE

                     Directive 79/622/EEC

                     Directive 1999/40/EC

                     This Directive

                     Articles 1 and 2

                     Articles 2 and 3

                     Article 3(1)

                     Article 4, first paragraph

                     Article 3(2)

                     Article 4, second and third paragraphs

                     Articles 4 and 5

                     Articles 5 and 6

                     Article 6, first sentence

                     Article 7, first paragraph

                     Article 6, second sentence

                     Article 7, second paragraph

                     Article 2

                     Article 8

                     Article 8

                     Article 9

                     Article 9, introductory wording

                     Article 1, introductory wording

                     Article 9, first indent

                     Article 1, point (a)

                     Article 9, second indent

                     Article 1, point (b)

                     Article 9, third indent

                     Article 1, point (c)

                     Article 9, fourth indent

                     Article 1, point (d)

                     Articles 10 and 11

                     Articles 10 and 11

                     Article 12(1)

                     —

                     Article 12(2)

                     Article 12

                     —

                     Articles 13 and 14

                     Article 13

                     Article 15

                     Annexes I to IX

                     Annexes I to IX

                     —

                     Annex X

                     —

                     Annex XI


Avis juridique important

|

31975L0050

Tenth Commission Directive 75/50/EEC of 20 December 1974 amending the Annexes to the Council Directive of 23 November 1970 concerning additives in feedingstuffs

Official Journal L 019 , 24/01/1975 P. 0058 - 0059

++++ ( 1 ) OJ N L 270 , 14 . 12 . 1970 , P . 1 .   ( 2 ) OJ N L 221 , 12 . 8 . 1974 , P . 29 .  TENTH COMMISSION DIRECTIVE  OF 20 DECEMBER 1974  AMENDING THE ANNEXES TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS   ( 75/50/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 ( 1 ) CONCERNING ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY THE NINTH COMMISSION DIRECTIVE OF 23 JULY 1974 ( 2 ) , AND IN PARTICULAR ARTICLE 6 ( 1A ) THEREOF ;  WHEREAS THE ABOVEMENTIONED DIRECTIVE PROVIDES FOR ITS ANNEXES TO BE CONSTANTLY AMENDED IN THE LIGHT OF THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE ;  WHEREAS THE COCCIDIOSTAT ROBENIDINE HAS BEEN SUCCESSFULLY INVESTIGATED IN CERTAIN MEMBER STATES ; WHEREAS IT IS DESIRABLE TO AUTHORIZE THIS SUBSTANCE AT LEAST AT NATIONAL LEVEL UNTIL IT IS PERMITTED AT COMMUNITY LEVEL ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  ANNEX II , PART B " COCCIDIOSTATS AND OTHER MEDICINAL SUBSTANCES " TO THE COUNCIL DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS IS AMENDED BY THE ADDITION OF THE FOLLOWING : ( SEE O.J . N L 19 OF 24 . 1 . 75 )  ARTICLE 2  THE MEMBER STATES SHALL , NOT LATER THAN 1 JULY 1975 , BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  ARTICLE 3  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 20 DECEMBER 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 372/12

      DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   on the term of protection of copyright and certain related rights
   (codified version)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The Berne Convention for the protection of literary and artistic works and the International Convention for the protection of performers, producers of phonograms and broadcasting organisations (Rome Convention) lay down only minimum terms of protection of the rights they refer to, leaving the Contracting States free to grant longer terms. Certain Member States have exercised this entitlement. In addition, some Member States have not yet become party to the Rome Convention.

               (3)

               There are consequently differences between the national laws governing the terms of protection of copyright and related rights, which are liable to impede the free movement of goods and freedom to provide services and to distort competition in the common market. Therefore, with a view to the smooth operation of the internal market, the laws of the Member States should be harmonised so as to make terms of protection identical throughout the Community.

               (4)

               It is important to lay down not only the terms of protection as such, but also certain implementing arrangements, such as the date from which each term of protection is calculated.

               (5)

               The provisions of this Directive should not affect the application by the Member States of the provisions of Article 14 bis (2)(b), (c) and (d) and (3) of the Berne Convention.

               (6)

               The minimum term of protection laid down by the Berne Convention, namely the life of the author and 50 years after his death, was intended to provide protection for the author and the first two generations of his descendants. The average lifespan in the Community has grown longer, to the point where this term is no longer sufficient to cover two generations.

               (7)

               Certain Member States have granted a term longer than 50 years after the death of the author in order to offset the effects of the world wars on the exploitation of authors' works.

               (8)

               For the protection of related rights certain Member States have introduced a term of 50 years after lawful publication or lawful communication to the public.

               (9)

               The Diplomatic Conference held in December 1996, under the auspices of the World Intellectual Property Organization (WIPO), led to the adoption of the WIPO Performances and Phonograms Treaty, which deals with the protection of performers and producers of phonograms. This Treaty took the form of a substantial up-date of the international protection of related rights.

               (10)

               Due regard for established rights is one of the general principles of law protected by the Community legal order. Therefore, the terms of protection of copyright and related rights established by Community law cannot have the effect of reducing the protection enjoyed by rightholders in the Community before the entry into force of Directive 93/98/EEC. In order to keep the effects of transitional measures to a minimum and to allow the internal market to function smoothly, those terms of protection should be applied for long periods.

               (11)

               The level of protection of copyright and related rights should be high, since those rights are fundamental to intellectual creation. Their protection ensures the maintenance and development of creativity in the interest of authors, cultural industries, consumers and society as a whole.

               (12)

               In order to establish a high level of protection which at the same time meets the requirements of the internal market and the need to establish a legal environment conducive to the harmonious development of literary and artistic creation in the Community, the term of protection for copyright should be harmonised at 70 years after the death of the author or 70 years after the work is lawfully made available to the public, and for related rights at 50 years after the event which sets the term running.

               (13)

               Collections are protected according to Article 2(5) of the Berne Convention when, by reason of the selection and arrangement of their content, they constitute intellectual creations. Those works are protected as such, without prejudice to the copyright in each of the works forming part of such collections. Consequently, specific terms of protection may apply to works included in collections.

               (14)

               In all cases where one or more physical persons are identified as authors, the term of protection should be calculated after their death. The question of authorship of the whole or a part of a work is a question of fact which the national courts may have to decide.

               (15)

               Terms of protection should be calculated from the first day of January of the year following the relevant event, as they are in the Berne and Rome Conventions.

               (16)

               The protection of photographs in the Member States is the subject of varying regimes. A photographic work within the meaning of the Berne Convention is to be considered original if it is the author's own intellectual creation reflecting his personality, no other criteria such as merit or purpose being taken into account. The protection of other photographs should be left to national law.

               (17)

               In order to avoid differences in the term of protection as regards related rights it is necessary to provide the same starting point for the calculation of the term throughout the Community. The performance, fixation, transmission, lawful publication, and lawful communication to the public, that is to say the means of making a subject of a related right perceptible in all appropriate ways to persons in general, should be taken into account for the calculation of the term of protection regardless of the country where this performance, fixation, transmission, lawful publication, or lawful communication to the public takes place.

               (18)

               The rights of broadcasting organisations in their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite, should not be perpetual. It is therefore necessary to have the term of protection running from the first transmission of a particular broadcast only. This provision is understood to avoid a new term running in cases where a broadcast is identical to a previous one.

               (19)

               The Member States should remain free to maintain or introduce other rights related to copyright in particular in relation to the protection of critical and scientific publications. In order to ensure transparency at Community level, it is however necessary for Member States which introduce new related rights to notify the Commission.

               (20)

               It should be made clear that this Directive does not apply to moral rights.

               (21)

               For works whose country of origin within the meaning of the Berne Convention is a third country and whose author is not a Community national, comparison of terms of protection should be applied, provided that the term accorded in the Community does not exceed the term laid down in this Directive.

               (22)

               Where a rightholder who is not a Community national qualifies for protection under an international agreement, the term of protection of related rights should be the same as that laid down in this Directive. However, this term should not exceed that fixed in the third country of which the rightholder is a national.

               (23)

               Comparison of terms should not result in Member States being brought into conflict with their international obligations.

               (24)

               Member States should remain free to adopt provisions on the interpretation, adaptation and further execution of contracts on the exploitation of protected works and other subject matter which were concluded before the extension of the term of protection resulting from this Directive.

               (25)

               Respect of acquired rights and legitimate expectations is part of the Community legal order. Member States may provide in particular that in certain circumstances the copyright and related rights which are revived pursuant to this Directive may not give rise to payments by persons who undertook in good faith the exploitation of the works at the time when such works lay within the public domain.

               (26)

               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, as set out in Part B of Annex I,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Duration of authors' rights
   1.   The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
   2.   In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.
   3.   In the case of anonymous or pseudonymous works, the term of protection shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.
   4.   Where a Member State provides for particular provisions on copyright in respect of collective works or for a legal person to be designated as the rightholder, the term of protection shall be calculated according to the provisions of paragraph 3, except if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable contributions are included in such works, to which contributions paragraph 1 or 2 shall apply.
   5.   Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately.
   6.   In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within 70 years from their creation, the protection shall terminate.
   Article 2
   Cinematographic or audiovisual works
   1.   The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors.
   2.   The term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.
   Article 3
   Duration of related rights
   1.   The rights of performers shall expire 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
   2.   The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire 50 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 50 years from the date of the first lawful communication to the public.
   However, this paragraph shall not have the effect of protecting anew the rights of producers of phonograms where, through the expiry of the term of protection granted them pursuant to Article 3(2) of Directive 93/98/EEC in its version before amendment by Directive 2001/29/EEC, they were no longer protected on 22 December 2002.
   3.   The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. The term ‘film’ shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound.
   4.   The rights of broadcasting organisations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.
   Article 4
   Protection of previously unpublished works
   Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.
   Article 5
   Critical and scientific publications
   Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
   Article 6
   Protection of photographs
   Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs.
   Article 7
   Protection vis-à-vis third countries
   1.   Where the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1.
   2.   The terms of protection laid down in Article 3 shall also apply in the case of rightholders who are not Community nationals, provided Member States grant them protection. However, without prejudice to the international obligations of the Member States, the term of protection granted by Member States shall expire no later than the date of expiry of the protection granted in the country of which the rightholder is a national and may not exceed the term laid down in Article 3.
   3.   Member States which, on 29 October 1993, in particular pursuant to their international obligations, granted a longer term of protection than that which would result from the provisions of paragraphs 1 and 2 may maintain this protection until the conclusion of international agreements on the term of protection of copyright or related rights.
   Article 8
   Calculation of terms
   The terms laid down in this Directive shall be calculated from the first day of January of the year following the event which gives rise to them.
   Article 9
   Moral rights
   This Directive shall be without prejudice to the provisions of the Member States regulating moral rights.
   Article 10
   Application in time
   1.   Where a term of protection which is longer than the corresponding term provided for by this Directive was already running in a Member State on 1 July 1995, this Directive shall not have the effect of shortening that term of protection in that Member State.
   2.   The terms of protection provided for in this Directive shall apply to all works and subject matter which were protected in at least one Member State on the date referred to in paragraph 1, pursuant to national provisions on copyright or related rights, or which meet the criteria for protection under [Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property] (5).
   3.   This Directive shall be without prejudice to any acts of exploitation performed before the date referred to in paragraph 1. Member States shall adopt the necessary provisions to protect in particular acquired rights of third parties.
   4.   Member States need not apply the provisions of Article 2(1) to cinematographic or audiovisual works created before 1 July 1994.
   Article 11
   Notification and communication
   1.   Member States shall immediately notify the Commission of any governmental plan to grant new related rights, including the basic reasons for their introduction and the term of protection envisaged.
   2.   Member States shall communicate to the Commission the texts of the provisions of internal law which they adopt in the field governed by this Directive.
   Article 12
   Repeal
   Directive 93/98/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law, as set out in Part B of Annex I, of the Directives, and their application.
   References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II.
   Article 13
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, the 12 December 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         M. PEKKARINEN

      (1)  Opinion of 26 October 2006 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 12 October 2006 (not yet published in the Official Journal) and Council Decision of 30 November 2006.

      (3)  OJ L 290, 24.11.1993, p. 9. Directive as amended by Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10).

      (4)  See Annex I, Part A.

      (5)  OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive 2001/29/EC.

      ANNEX I
      PART A
      Repealed Directive with its amendment

                  Council Directive 93/98/EEC
                  (OJ L 290, 24.11.1993, p. 9)

                  Article 11(2) only

                  Directive 2001/29/EC of the European Parliament and of the Council
                  (OJ L 167, 22.6.2001, p. 10)

            PART B
      List of time-limits for transposition into national law and application

         (referred to in Article 12)

                  Directive

                  Time-limit for transposition

                  Date of application

                  93/98/EEC

                  1 July 1995 (Articles 1 to 11)

                  19 November 1993 (Article 12)
                  1 July 1997 at the latest as regards Article 2(1) (Article 10(5))

                  2001/29/EC

                  22 December 2002

      ANNEX II
      Correlation Table

                  Directive 93/98/EEC

                  This Directive

                  Articles 1 to 9
                  Article 10(1) to (4)
                  Article 10(5)
                  Article 11
                  Article 12
                  Article 13(1), first subparagraph
                  Article 13(1), second subparagraph
                  Article 13(1), third subparagraph
                  Article 13(2)
                  —
                  —
                  Article 14
                  —
                  —

                  Articles 1 to 9
                  Article 10(1) to (4)
                  —
                  —
                  Article 11(1)
                  —
                  —
                  Article 11(2)
                  —
                  Article 12
                  Article 13
                  Article 14
                  Annex I
                  Annex II


Avis juridique important

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31974L0152

Council Directive 74/152/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the maximum design speed of and load platforms for wheeled agricultural or forestry tractors

Official Journal L 084 , 28/03/1974 P. 0033 - 0035 Finnish special edition: Chapter 13 Volume 3 P. 0250  Greek special edition: Chapter 13 Volume 2 P. 0234  Swedish special edition: Chapter 13 Volume 3 P. 0250  Spanish special edition: Chapter 13 Volume 3 P. 0206  Portuguese special edition Chapter 13 Volume 3 P. 0206

COUNCIL DIRECTIVE  of 4 March 1974  on the approximation of the laws of the Member States relating to the maximum design speed of and load platforms for wheeled agricultural or forestry tractors  (74/152/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements with which tractors must comply pursuant to national laws relate, inter alia, to the maximum design speed and load platforms;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of the Council Directive of 4 March 1974 (3) on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or caterpillar 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 the preceding paragraph which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to the maximum design speed or the load platforms if these satisfy the requirements set out in the Annex.   Article 3 No Member State may refuse the registration or prohibit the sale, entry into service, or use of tractors on grounds relating to the maximum design speed or the load platforms if these satisfy the requirements set out in the Annex.   Article 4 1. No Member State may prohibit the fitting of load platforms or require that tractors must be fitted with one or more such platforms.  2. No Member State may prohibit the carriage on such platforms of products which they permit to be carried on trailers used for agriculture or forestry purposes ; within the limits laid down by the manufacturer, a maximum load of at least 80 % of the weight of the tractor in running order is authorized.   Article 5 The amendments necessary for adopting to technical progress the requirements of the Annex shall  (1)OJ No 28, 17.2.1967, p. 462/67. (2)OJ No 42, 7.3.1967, p. 620/67. (3)See p. 10 of this Official Journal.   be adopted in accordance with the procedure laid down in Article 13 of the Council Directive on the type-approval of wheeled agricultural or forestry tractors.   Article 6 1. Member States shall put into force the provisions necessary in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 4 March 1974.  For the Council  The President  W. SCHEEL     ANNEX    1. MAXIMUM DESIGN SPEED      1.1. For the type-approval tests, the average speed shall be measured on a straight track, which the tractor shall traverse in both directions from a flying start. The soil of the track shall be stabilized ; the track shall be flat and at least 100 metres long ; however it may include slopes of not more than 1.5 %.           1.2. During the test, the tractor shall be unladen and in running order without ballast weights or special equipment and the tyre pressures shall be those specified for road use.           1.3. During the test, the tractor shall be fitted with new tyres of the maximum dimensions specified for the tractor by the manufacturer.           1.4. The gear ratio used during the test shall be that producing the maximum vehicle speed and the throttle shall be fully open.           1.5. To take account of various unavoidable errors due, in particular, to the measuring technique and the increase in running speed of the engine with a partial load, a result 10 % higher than the 25 km/h value shall be acceptable for the type-approval test.           1.6. So that the authorities competent for the type-approval of tractors may calculate their maximum theoretical speed, the manufacturer shall specify as a guide the gear ratio, the actual foward movement of the powered wheels corresponding to one complete revolution, and the rpm at maximum power output with the throttle fully open and the speed governor, if fitted, adjusted as laid down by the manufacturer.                  2. LOAD PLATFORMS      2.1. The centre of gravity of the platform shall be situated between the axles.           2.2. The dimensions of the platform shall be such that:        - the length does not exceed 1.4 times the front or rear track of the tractor, whichever is the larger;               - the width does not exceed the maximum overall width of the tractor without equipment.                          2.3. The platform shall be laid out symmetrically in relation to the longitudinal median plane of the tractor.           2.4. The height of the load platform above the ground shall be not more than 150 cm.           2.5. The type of platform and the way it is fitted shall be such that, with a normal load, the driver's field of vision remains adequate and the various compulsory lighting and light-signalling devices may continue to fulfil their proper function.           2.6. The load platform shall be detachable ; it shall be attached to the tractor in such a way as to avoid any risk of accidental detachment.