title: Directive 2009/76/EC of the European Parliament and of the Council of 13 July 2009 relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance)

text:
               1.8.2009

               EN

               Official Journal of the European Union

               L 201/18

      DIRECTIVE 2009/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   relating to the driver-perceived noise level of wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 77/311/EEC of 29 March 1977 on the approximation of the laws of the Member States relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 73/311/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 driver-perceived noise level. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC-type approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

               (3)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   For the purposes of this Directive, ‘tractor’ (agricultural or forestry) means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   1.   No Member State may refuse to grant EC type-approval or national type-approval of any type of tractor on grounds relating to the driver-perceived noise level if that level is within the following limits:

               —

               90 dB(A) in accordance with Annex I,
               or

               —

               86 dB(A) in accordance with Annex II.

         2.   With respect to vehicles which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:

               —

               shall no longer grant EC type-approval,

               —

               may refuse to grant national type-approval.

         3.   With respect to new vehicles which do not comply with the requirements laid down in this Directive, and on grounds relating to the subject-matter of this Directive, Member States:

               —

               shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1) of that Directive,

               —

               may refuse the registration, sale or entry into service of those new vehicles.

         4.   No Member State may refuse to register or prohibit the sale, entry into service or use of any tractor on grounds relating to the driver-perceived noise level if that level is within the following limits:

               —

               90 dB(A) in accordance with Annex I,
               or

               —

               86 dB(A) in accordance with Annex II.

         Article 3
   For the purposes of this Directive, ‘cab’ means any structure built of rigid components, transparent or not, which totally encloses the driver and isolates him from the outside, and is capable of being kept permanently closed during service.
   Article 4
   Member States shall take all necessary measures to ensure that in both the sales presentation and advertising there is nothing to suggest that the tractors have features regarding the driver-perceived noise level which they do not in fact possess.
   Article 5
   The amendments necessary to adapt to technical progress the requirements of Annexes I, II and III shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 6
   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 7
   Directive 77/311/EEC, as amended by the acts listed in Part A of Annex IV, is repealed, without prejudice to the obligations of the Member States concerning the time-limits for transposition into national law and application of the Directives set out in Part B of Annex IV.
   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 V.
   Article 8
   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 9
   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 120, 16.5.2008, p. 15.

      (2)  Opinion of the European Parliament of 19 February 2008 (not yet published in the Official Journal) and Council Decision of 25 June 2009.

      (3)  OJ L 105, 28.4.1977, p. 1.

      (4)  See Annex IV, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      ANNEX I

         APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT

      1.   UNIT OF MEASUREMENT AND MEASURING APPARATUS
      1.1.   Unit of measurement
      Noise level LA shall be measured in dB with A-weighting, expressed as dB(A).
      1.2.   Measuring apparatus
      Driver-perceived noise level shall be measured by means of a sound-level meter as described in the first edition of Publication No 179/1965 of the International Electrotechnical Commission.
      In the case of variable readings, the average of the maximum values must be taken.
      2.   CONDITIONS OF MEASUREMENT
      Measurements shall be made under the following conditions:

                  2.1.

                  the tractor must be unladen, i.e. without optional accessories, but must include coolant, lubricant, full fuel tank, tools and driver. The latter may not wear any abnormally thick clothing, scarf or hat. There may be no object on the tractor likely to distort the noise level;

                  2.2.

                  the tyres must be inflated to the pressure recommended by the tractor manufacturer, the engine, transmission and drive axles must be at normal running temperature and radiator blinds when fitted must be kept open during measurements;

                  2.3.

                  if it is liable to affect the noise level, extra equipment powered by the engine or self-powered such as windscreen wipers, warm air fan or power take-off, may not be in operation when measurements are being made; parts which normally operate at the same time as the engine, such as the engine cooling fan, must be in operation when measurements are being made;

                  2.4.

                  the test area must be in an open and sufficiently silent location; it may take the form, for instance, of an open space of 50-metre radius, having a central part with a radius of at least 20 m which is practically level, or of a level section having a solid track with as flat a surface and as few gullies as possible. The track must be as clean and dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are acceptable only if the variations in noise level caused by them lie within the error tolerances of the measuring equipment;

                  2.5.

                  the surface of the track must be such as not to cause excessive tyre noise;

                  2.6.

                  the weather must be fine and dry with little or no wind.
                  The driver-perceived ambient noise level due to the wind or other sources of noise must be at least 10 dB(A) below the noise level of the tractor;

                  2.7.

                  if a vehicle is used for measurements, it must be towed or driven at a sufficient distance from the tractor to avoid all interference. During measurements no object interfering with the measurements or reflective surfaces may be located within 20 m of each side of the test track or less than 20 m to the front or rear of the tractor. This condition can be considered fulfilled if the variations in noise level thus caused remain within the error tolerances; if not, the measurements must be discontinued for the duration of the interference;

                  2.8.

                  all measurements in a given series must be carried out on the same track.

            3.   METHOD OF MEASUREMENT

                  3.1.

                  The microphone must be located 250 mm to the side of the centre plane of the seat, the side being that on which the higher noise level is encountered.
                  The microphone diaphragm must face forward and the centre of the microphone must be 790 mm above and 150 mm forward of the seat reference point described in Annex III. Excessive vibration of the microphone must be avoided.

                  3.2.

                  The maximum noise level in dB(A) shall be determined as follows:

                              3.2.1.

                              all openings (e.g. doors, windows) in tractors having a closed series-produced cab structure must be closed during an initial series of measurements;

                                          3.2.1.1.

                                          during a second series of measurements, they must be left open, provided that, when open, they do not create a road safety hazard, but fold-down or fold-up windscreens must remain closed;

                              3.2.2.

                              noise must be measured using slow sound-level meter response at the load corresponding to the maximum noise in the gear giving the forward speed nearest to 7.5 km/h.
                              The governor control lever must be fully open. Starting with no load, the load applied must be increased until the maximum noise level is found. After each increase of load, time must be allowed for the noise level to stabilise before making the measurement;

                              3.2.3.

                              noise must be measured using slow sound-level meter response at the load corresponding to the maximum noise in any gear other than that referred to in point 3.2.2 in which the noise level recorded is at least 1 dB(A) above that recorded in the gear referred to in point 3.2.2.
                              The governor control lever must be fully open. Starting with no load, the load applied must be increased until the maximum noise level is found. After each increase of load, time must be allowed for the noise level to stabilise before making the measurement;

                              3.2.4.

                              noise must be measured at the maximum design speed of the unladen tractor.

                  3.3.

                  The test report shall include noise-level measurements carried out under the following conditions:

                              3.3.1.

                              in the gear giving the speed nearest to 7.5 km/h;

                              3.3.2.

                              in any gear, if the conditions described in point 3.2.3 are fulfilled;

                              3.3.3.

                              at maximum design speed.

            4.   ASSESSMENT CRITERIA
      The measurements described in points 3.2.1, 3.2.2, 3.2.3 and 3.2.4 may not exceed the values laid down in Article 2.

      ANNEX II

         APPARATUS, CONDITIONS AND METHOD OF MEASUREMENT

      1.   UNIT OF MEASUREMENT AND MEASURING APPARATUS
      1.1.   Unit of measurement
      Noise level LA shall be measured in dB with A-weighting, expressed as dB(A).
      1.2.   Measuring apparatus
      Driver-perceived noise level shall be measured by means of a sound-level meter as described in the first edition of publication 179/1965 of the International Electrotechnical Commission.
      In the case of variable readings, the average of the maximum values must be taken.
      2.   CONDITIONS OF MEASUREMENT
      Measurements shall be made under the following conditions:

                  2.1.

                  the tractor must be unladen, i.e. without optional accessories, but must include coolant, lubricant; full fuel tank, tools and driver. The latter may not wear any abnormally thick clothing, scarf or hat. There may be no object on the tractor likely to distort the noise level;

                  2.2.

                  the tyres must be inflated to the pressure recommended by the tractor manufacturer, the engine, transmission and drive axles must be at normal running temperature and, if the engine has cooling louvres, these must remain completely open;

                  2.3.

                  if it is liable to affect the noise level, extra equipment powered by the engine or self-powered such as windscreen wipers, warm air fan or power take-off, for example, may not be in operation when measurements are being made; parts which normally operate at the same time as the engine, such as the engine cooling fan, for example, must be in operation when measurements are being made;

                  2.4.

                  the test area must be in an open and sufficiently silent location: it may take the form, for instance, of an open space of 50-metre radius, having a central part with a radius of at least 20 m which is practically level, or of a level section having a solid track with as flat a surface and as few gullies as possible. The track must be as clean and dry as possible (e.g. free of gravel, leaves, snow, etc.). Slopes and irregularities are acceptable only if the variations in noise level caused by them lie within the error tolerances of the measuring equipment;

                  2.5.

                  the surface of the track must be such as not to cause excessive tyre noise;

                  2.6.

                  the weather must be fine and dry with little or no wind.
                  The driver-perceived ambient noise level due to the wind or other sources of noise must be at least 10 dB(A) below the noise level of the tractor;

                  2.7.

                  if a vehicle is used for measurements, it must be towed or driven at a sufficient distance from the tractor to avoid all interference. During measurements no object interfering with the measurements or reflective surfaces may be located within 20 m of each side of the test track or less than 20 m to the front or rear of the tractor. This condition can be considered fulfilled if the variations in noise level thus caused remain within the error tolerances; if not, the measurements must be discontinued for the duration of the interference;

                  2.8.

                  all measurements in a given series must be carried out on the same track.

            3.   METHOD OF MEASUREMENT

                  3.1.

                  The microphone must be located 250 mm to the side of the central plane of the seat, the side being that on which the higher noise level is encountered.
                  The microphone diaphragm must face forward and the centre of the microphone shall be 790 mm above and 150 mm forward of the seat reference point described in Annex III. Excessive vibration of the microphone must be avoided.

                  3.2.

                  Noise level shall be determined as follows:

                              3.2.1.

                              the tractor must travel along the section at the same test speed at least three times for at least 10 seconds;

                              3.2.2.

                              all openings (e.g. doors, windows) in tractors having a closed series-produced cab structure must be closed during an initial series of measurements;

                                          3.2.2.1.

                                          during a second series of measurements they must be left open, provided that when open they do not create a road safety hazard, but fold-down or fold-up windscreens must remain closed;

                              3.2.3.

                              noise must be measured at the maximum rpm using slow sound-level meter response i.e. in the gear giving the speed nearest to 7.5 km/h at the rated rpm. The tractor must be unladen when measurements are being made.

            4.   ASSESSMENT CRITERIA
      The measurements described in points 3.2.2 and 3.2.3 may not exceed the values laid down in Article 2.

      ANNEX III

         DETERMINATION OF SEAT REFERENCE POINT

      1.   DEFINITION

                  1.1.

                  The seat reference point (S) shall be the point in the central 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 seat reference point.

            2.   DETERMINATION OF SEAT REFERENCE POINT

                  2.1.

                  The reference point shall be obtained using the device illustrated in figures 1 and 2 of the Appendix to this Annex, which makes it possible to simulate loading by a human occupant.

                  2.2.

                  The seat must be set at the mid-point of the range allowed for vertical adjustment, this adjustment being independent of the horizontal adjustment. For the purposes of determining the microphone location referred to in point 3 of Annexes I and II, the seat must be at or as near as possible to the mid-point of the horizontal adjustment range.

            3.   DESCRIPTION OF THE DEVICE

                  3.1.

                  The device referred to in point 2.1 shall consist of a seat-pan board and two backrest boards.

                  3.2.

                  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 (see figure 2).

            4.   SETTING UP THE DEVICE
      The device shall be set up as follows:

                  4.1.

                  the device shall be positioned on the seat;

                  4.2.

                  it shall then be loaded with a force of 550 N at a point 50 mm in front of joint (A), and the two backrest boards shall be lightly pressed tangentially against the backrest;

                  4.3.

                  if it is not possible to determine a definite tangent to the lower area of the backrest, the lower backrest board in vertical position must be lightly pressed against the backrest;

                  4.4.

                  in the case of seats with a suspension adjustable to the driver’s weight, the suspension shall be set so that the seat is at a point equidistant from its two extreme positions.

         Appendix

      ANNEX IV
      PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 7)

                  Council Directive 77/311/EEC
                  (OJ L 105, 28.4.1977, p. 1).

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45).

                  Only the references made by Article 1(1) to Directive 77/311/EEC

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24).

                  Only the references made by Article 1, first indent, to Directive 77/311/EEC

                  Commission Decision 96/627/EC
                  (OJ L 282, 1.11.1996, p. 72).

                  Commission Decision 2000/63/EC
                  (OJ L 22, 27.1.2000, p. 66).

                  Commission Directive 2006/26/EC
                  (OJ L 65, 7.3.2006, p. 22).

                  Only Article 2 and Annex II

            PART B

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

      (referred to in Article 7)

                  Act

                  Time-limit for transposition

                  Date of application

                  77/311/EEC

                  1 October 1978

                  —

                  82/890/EEC

                  22 June 1984

                  —

                  97/54/EC

                  22 September 1998

                  23 September 1998

                  96/627/EC

                  29 September 1999

                  —

                  2006/63/EC

                  30 September 2001

                  —

                  2006/26/EC

                  31 December 2006 (1)

                  —

         (1)  In accordance with Article 5 of Directive 2006/26/EC:

         ‘1.   With effect from 1 January 2007, with respect to vehicles which comply with the requirements laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 89/173/EEC, as amended by this Directive, Member States shall not, on grounds relating to the subject-matter of the Directive concerned:

                     (a)

                     refuse to grant EC type-approval or to grant national type-approval;

                     (b)

                     prohibit the registration, sale or entry into service of such a vehicle.

               2.   With effect from 1 July 2007, with respect to vehicles which do not comply with the requirements laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 89/173/EEC, as amended by this Directive, and on grounds relating to the subject-matter of the Directive concerned, Member States:

                     (a)

                     shall no longer grant EC type-approval;

                     (b)

                     may refuse to grant national type-approval.

               3.   With effect from 1 July 2009, with respect to vehicles which do not comply with the requirements laid down respectively in Directives 74/151/EEC, 78/933/EEC, 77/311/EEC and 89/173/EEC, as amended by this Directive, and on grounds relating to the subject-matter of the Directive concerned, Member States:

                     (a)

                     shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 2003/37/EC to be no longer valid for the purposes of Article 7(1);

                     (b)

                     may refuse the registration, sale or entry into service of those new vehicles.’.

      ANNEX V

         Correlation Table

                  Directive 77/311/EEC

                  Directive 2006/26/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2(1), first subparagraph

                  Article 2(1) and (4)

                  Article 2(1), second subparagraph

                  —

                  Article 2(2)

                  —

                  Article 5(2)

                  Article 2(2)

                  Article 5(3)

                  Article 2(3)

                  Articles 3, 4 and 5

                  Article 3, 4 and 5

                  Article 6(1)

                  —

                  Article 6(2)

                  Article 6

                  Article 7

                  Article 8

                  Article 7

                  Article 9

                  Annex I

                  Annex I

                  Annex II

                  Annex II

                  Annex III

                  Annex III

                  —

                  Annex IV

                  —

                  Annex V


title: Directive 2009/68/EC of the European Parliament and of the Council of 13 July 2009 on the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance)

text:
               5.8.2009

               EN

               Official Journal of the European Union

               L 203/52

      DIRECTIVE 2009/68/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 79/532/EEC of 17 May 1979 on the approximation of the laws of the Member States relating to the component type-approval of lighting and light-signalling devices on wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 79/532/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 the lighting and light-signalling devices. 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)

               In Directive 2009/61/EC of the European Parliament and of the Council of 13 July 2009 relating to the installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (6) common requirements were laid down for the installation of lighting and light-signalling devices on wheeled agricultural or forestry tractors. Such lighting and light-signalling devices possess the same characteristics as those fitted to motor vehicles. Therefore, devices having received an EC component type-approval mark in accordance with the Directives already adopted on this subject in connection with the EC type-approval of motor vehicles and their trailers may also be used on tractors.

               (4)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   For the purposes of this Directive, ‘tractor’ (agricultural or forestry) means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   No Member State may refuse to grant EC type-approval or national type-approval of a tractor on grounds relating to the following lamps or reflectors, if these bear the EC component type-approval mark as provided for in Annex I and are installed in accordance with the requirements laid down in Directive 2009/61/EC:

               (a)

               headlamps which function as main-beam and/or dipped-beam headlamps or incandescent electric filament lamps for such headlamps;

               (b)

               end-outline marker lamps;

               (c)

               front position (side) lamps;

               (d)

               rear position (side) lamps;

               (e)

               stop lamps;

               (f)

               direction indicator lamps;

               (g)

               reflex reflectors;

               (h)

               rear registration-plate lamps;

               (i)

               front fog lamps and filament lamps for such lamps;

               (j)

               rear fog lamps;

               (k)

               reversing lamps;

               (l)

               parking lamps.

         Article 3
   No Member State may refuse the registration, or prohibit the sale, entry into service or use, of a tractor on grounds relating to the following lamps or reflectors, if these bear the EC component type-approval mark as provided for in Annex I and are installed in accordance with the requirements laid down in Directive 2009/61/EC:

               (a)

               headlamps which function as main-beam and/or dipped-beam headlamps or incandescent electric filament lamps for such headlamps;

               (b)

               end-outline marker lamps;

               (c)

               front position (side) lamps;

               (d)

               rear position (side) lamps;

               (e)

               stop lamps;

               (f)

               direction indicator lamps;

               (g)

               reflex reflectors;

               (h)

               rear registration-plate lamps;

               (i)

               front fog lamps and filament lamps for such lamps;

               (j)

               rear fog lamps;

               (k)

               reversing lamps;

               (l)

               parking lamps.

         Article 4
   The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 5
   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 6
   Directive 79/532/EEC, as amended by the Directives listed in Part A of Annex II, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Part B of Annex II.
   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 III.
   Article 7
   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 8
   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 162, 25.6.2008, p. 40.

      (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 145, 13.6.1979, p. 16.

      (4)  See Annex II, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      (6)  See page 19 of this Official Journal.

      ANNEX I

                  1.

                  Headlamps which function as main-beam and/or dipped-beam headlamps and incandescent electric filament lamps for such headlamps:

                              The EC component type-approval mark is that laid down in Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to light sources (filament lamps and others) for use in approved lamp units of motor vehicles and of their trailers (1).

                              The provisions of Directive 76/761/EEC also apply to the component type-approval of special headlamps for agricultural or forestry tractors designed to provide both a main beam and a dipped beam of less than 160 mm, diameter D, with the following amendments:

                                          (a)

                                          the minimum illumination values fixed in point 2.1 of Annexes II to VI, VIII and IX to Directive 76/761/EEC are reduced according to the ratio
                                          ((D – 45)/(160 – 45))2

                                          subject to the following absolute lower limits:

                                                      —

                                                      3 lux, either at point 75 R or at point 75 L,

                                                      —

                                                      5 lux, either at point 50 R or at point 50 L,

                                                      —

                                                      1,5 lux, in Zone IV.

                                             Note: If the apparent surface of the reflector is not circular, the diameter is that of a circle with the same area as the apparent useful surface of the reflector.

                                          (b)

                                          the symbol M inside an inverted triangle is affixed on the headlamp instead of the symbol CR provided for in point 5.2.3.5 of Annex I to Directive 76/761/EEC.

                  2.

                  End-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps:
                  The EC component type-approval mark is that laid down in Council Directive 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to end-outline marker lamps, front position (side) lamps, rear position (side) lamps, stop lamps, daytime running lamps and side marker lamps for motor vehicles and their trailers (2).

                  3.

                  Direction indicator lamps:
                  The EC component type-approval mark is that laid down in Council Directive 76/759/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers (3).

                  4.

                  Reflex reflectors:
                  The EC component type-approval mark is that laid down in Council Directive 76/757/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to retro-reflectors for motor vehicles and their trailers (4).

                  5.

                  Rear registration-plate lamps:
                  The EC component type-approval mark is that laid down in Council Directive 76/760/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to rear registration plate lamps for motor vehicles and their trailers (5).

                  6.

                  Front fog lamps:
                  The EC component type-approval mark is that laid down in Council Directive 76/762/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles (6).

                  7.

                  Rear fog lamps:
                  The EC component type-approval mark is that laid down in Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers (7).

                  8.

                  Reversing lamps:
                  The EC component type-approval mark is that laid down in Council Directive 77/539/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to reversing lamps for motor vehicles and their trailers (8).

                  9.

                  Parking lamps:
                  The EC component type-approval mark is that laid down in Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to parking lamps for motor vehicles (9).

         (1)  OJ L 262, 27.9.1976, p. 96.

         (2)  OJ L 262, 27.9.1976, p. 54.

         (3)  OJ L 262, 27.9.1976, p. 71.

         (4)  OJ L 262, 27.9.1976, p. 32.

         (5)  OJ L 262, 27.9.1976, p. 85.

         (6)  OJ L 262, 27.9.1976, p. 122.

         (7)  OJ L 220, 29.8.1977, p. 60.

         (8)  OJ L 220, 29.8.1977, p. 72.

         (9)  OJ L 220, 29.8.1977, p. 83.

      ANNEX II
      PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 6)

                  Council Directive 79/532/EEC
                  (OJ L 145, 13.6.1979, p. 16)

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45)

                  Only as regards the reference to Directive 79/532/EEC in Article 1(1)

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24)

                  Only as regards the reference to Directive 79/532/EEC in Article 1, first indent

            PART B

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

      (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Date of application

                  79/532/EEC

                  21 November 1980

                  —

                  82/890/EEC

                  21 June 1984

                  —

                  97/54/EC

                  22 September 1998

                  23 September 1998

      ANNEX III

         CORRELATION TABLE

                  Directive 79/532/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2, introductory sentence and final wording

                  Article 2, introductory sentence

                  Article 2, indents

                  Article 2(a)-(l)

                  Article 3, introductory sentence and final wording

                  Article 3, introductory sentence

                  Article 3, indents

                  Article 3(a)-(l)

                  Article 4

                  Article 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Article 6

                  —

                  Article 7

                  Article 6

                  Article 8

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


Avis juridique important

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32002L0034

Twenty-sixth Commission Directive 2002/34/EC of 15 April 2002 adapting to technical progress Annexes II, III and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)

Official Journal L 102 , 18/04/2002 P. 0019 - 0031

Twenty-sixth Commission Directive 2002/34/ECof 15 April 2002adapting to technical progress Annexes II, III and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products(1), as last amended by Commission Directive 2000/41/EC(2), and in particular Article 8(2) thereof,After consulting the Scientific Committee on Cosmetic Products and Non-Food Products intended for consumers (SCCNFP),Whereas:(1) Entry 293 of Annex II includes radioactive substances among the substances prohibited in cosmetic products. However, footnote 1 to entry 293 allows, under the conditions set out therein, the presence of natural radioactive substances and of radioactive substances caused by artificial contamination from the environment by making reference to Directives of 2 February 1959 laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(3). These Directives were repealed by Council Directive 96/29/Euratom(4), Article 6(5) thereof providing that Member States shall permit neither the deliberate addition of radioactive substances in the production of cosmetic products nor the import and export of such goods. Directive 96/29/Euratom also provides for the definition of radioactive substances for the purpose of its application. Therefore, entry 293 of Annex II should be amended accordingly.(2) On the basis of IFRA (International Fragrance Association) Code of Practice, the SCCNFP has listed 36 substances that must not form part of fragrance compounds used in cosmetic products. Of these 36 fragrance ingredients, seven are already included in Annex II and one (6-methylcoumarin) under reference No 46 in Annex III, Part 1, which already restricts its use to oral hygiene products. Therefore the 28 remaining fragrance ingredients should be included in the list of Annex II. The safety of these substances has only been assessed by the SCCNFP for their use as fragrance ingredients. Accordingly, it is necessary to regulate their use for this purpose. Further safety assessment of these substances for other uses is being carried out by the SCCNFP.(3) The SCCNFP recommends that methyleugenol should not be intentionally added as a cosmetic ingredient. Therefore methyleugenol should be included in Annex II. As methyleugenol is however naturally present in essential oils that are used as components in cosmetic products, the SCCNFP has set specific maximum concentrations when present in cosmetic products.(4) On the basis of information on the use in cosmetic products of lithium hydroxide and calcium hydroxide and their safety evaluation, the SCCNFP recommends that their use should be restricted. Therefore entries 15b and 15c of Annex III, Part 1, should be amended accordingly.(5) On the basis of a toxicological evaluation, the SCCNFP recommends that the maximum residual acrylamide content needs to be restricted in the finished product. Therefore, polyacrylamide should be included in Annex III, Part 1.(6) The SCCNFP has made toxicological evaluations of 61 hair dyes, including recommendations on their field of application, maximum concentration levels and specific warnings. One is already included under reference No 16 in Annex III, Part 1, which shall therefore be amended. More information on the safety of some hair dyes is still needed, in particular in order to investigate a potential link between long term regular use of permanent hair dyes and an increased risk for bladder cancer, as requested by the SCCNFP. Therefore the 60 remaining hair dyes should be included in Annex III, Part 2. Entry 8 of Annex III, Part 1, covers a group of phenylendiamine derivatives used as hair dyes. In order to avoid double entries, the text in column b should be amended to except those derivatives listed elsewhere in Annex III.(7) The SCCNFP recommends that musk xylene can be safely used in cosmetic products, excluding oral care products, up to a maximum daily theoretically absorbed dose of about 10 μg/kg/day. Therefore, until the risk assessment of this substance in the framework of Council Regulation (EEC) No 793/93(5) on the evaluation and control of the risks of existing substances is finalised, musk xylene should be included in Annex III, Part 2.(8) The SCCNFP recommends that musk ketone can be safely used in cosmetic products, excluding oral care products, up to a maximum daily theoretically absorbed dose of about 14 μg/kg/day. Therefore, until the risk assessment of this substance in the framework of Regulation (EEC) 793/93 is finalised, musk ketone should be included in Annex III, Part 2.(9) The SCCNFP has expressed the opinion that the UV-filter dimethicodiethylbenzalmalonate can be safely used in cosmetic products under certain restrictions. Therefore, dimethicodiethylbenzalmalonate should be included in Annex VII, Part 1.(10) The SCCNFP has expressed the opinion that titanium dioxide can be safely used as UV-filter in cosmetic products under certain restrictions. Therefore, titanium dioxide should be included in Annex VII, Part 1.(11) The measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Cosmetic Products Sector,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 76/768/EEC is hereby amended as indicated in the Annex to this Directive.Article 2Member States shall take the necessary measures to ensure that cosmetic products containing the substances listed in Annexes II, III and VII to Directive 76/768/EEC, as set out in the Annex to this Directive, which are supplied to the final consumer after 15 April 2004, comply with the provisions of this Directive.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 April 2003 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 4This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 15 April 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 262, 27.9.1976, p. 169.(2) OJ L 145, 20.6.2000, p. 25.(3) OJ 11, 20.2.1959, p. 221/59.(4) OJ L 159, 29.6.1996, p. 1.(5) OJ L 84, 5.4.1993, p. 1.ANNEXAnnexes II, III and VII to Directive 76/768/EEC are amended as follows:1. In Annex II:(i) Reference No 293 and corresponding footnote 1 are replaced by the following: "293. Radioactive substances, as defined by Directive 96/29/Euratom(1) laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation."(ii) Reference Nos 423 to 451 are added as indicated below: "423. Alanroot oil (Inula helenium) (CAS No 97676-35-2), when used as a fragrance ingredient.424. Benzyl cyanide (CAS No 140-29-4), when used as a fragrance ingredient.425. Cyclamen alcohol (CAS No 4756-19-8), when used as a fragrance ingredient.426. Diethyl maleate (CAS No 141-05-9), when used as a fragrance ingredient.427. Dihydrocoumarine (CAS No 119-84-6), when used as a fragrance ingredient.428. 2,4-Dihydroxy-3-methylbenzaldehyde (CAS No 6248-20-0), when used as a fragrance ingredient.429. 3,7-Dimethyl-2-octen-1-ol (6,7-Dihydrogeraniol) (CAS No 40607-48-5), when used as a fragrance ingredient.430. 4,6-Dimethyl-8-tert-butylcoumarin (CAS No 17874-34-9), when used as a fragrance ingredient.431. Dimethyl citraconate (CAS No 617-54-9), when used as a fragrance ingredient.432. 7,11-Dimethyl-4,6,10-dodecatrien-3-one (CAS No 26651-96-7), when used as a fragrance ingredient.433. 6,10-Dimethyl-3,5,9-undecatrien-2-one (CAS No 141-10-6), when used as a fragrance ingredient.434. Diphenylamine (CAS No 122-39-4), when used as a fragrance ingredient.435. Ethyl acrylate (CAS No 140-88-5), when used as a fragrance ingredient.436. Fig leaf absolute (Ficus carica) (CAS No 68916-52-9), when used as a fragrance ingredient.437. trans-2-Heptenal (CAS No 18829-55-5), when used as a fragrance ingredient.438. trans-2-Hexenal diethyl acetal (CAS No 67746-30-9), when used as a fragrance ingredient.439. trans-2-Hexenal dimethyl acetal (CAS No 18318-83-7), when used as a fragrance ingredient.440. Hydroabietyl alcohol (CAS No 13393-93-6), when used as a fragrance ingredient.441. 6-Isopropyl-2-decahydronaphthalenol (CAS No 34131-99-2), when used as a fragrance ingredient.442. 7-Methoxycoumarin (CAS No 531-59-9), when used as a fragrance ingredient.443. 4-(4-Methoxyphenyl)-3-butene-2-one (CAS No 943-88-4), when used as a fragrance ingredient.444. 1-(4-Methoxyphenyl)-1-penten-3-one (CAS No 104-27-8), when used as a fragrance ingredient.445. Methyl trans-2-butenoate (CAS No 623-43-8), when used as a fragrance ingredient.446. 7-Methylcoumarin (CAS No 2445-83-2), when used as a fragrance ingredient.447. 5-Methyl-2,3-hexanedione (CAS No 13706-86-0), when used as a fragrance ingredient.448. 2-Pentylidenecyclohexanone (CAS No 25677-40-1), when used as a fragrance ingredient.449. 3,6,10-Trimethyl-3,5,9-undecatrien-2-one (CAS No 1117-41-5), when used as a fragrance ingredient.450. Verbena oil (Lippia citriodora Kunth.) (CAS No 8024-12-2), when used as a fragrance ingredient.451. Methyleugenol (CAS No 95-15-2) except for normal content in the natural essences used and provided that the concentration does not exceed:(a) 0,01 % in fine fragrance(b) 0,004 % in eau de toilette(c) 0,002 % in fragrance cream(d) 0,001 % in rinse-off products(e) 0,0002 % in other leave-on products and oral hygiene products.".2. In Annex III, Part 1:(i) In reference No 8, column b is replaced by the following: "m- and p-Phenylenediamines, their N-substituted derivatives and their salts; N-substituted derivatives of o-Phenylenediamines(2), with the exception of those derivatives listed elsewhere in this Annex"(ii) Reference Nos 15b and 15c are replaced by the following: ""(iii) Reference No 16 is replaced by the following: >TABLE>(iv) Reference No 66 is inserted as shown in the following table: >TABLE>3. In Annex III, Part 2:Reference Nos 1 to 62 are inserted as shown in the following table: >TABLE>4. In Annex VII, Part 1Reference Nos 26 and 27 are inserted as shown in the following table: >TABLE>(1) OJ L 159, 29.6.1996, p. 1.(2) These substances may be used singly or in combination provided that the sum of the ratios of the levels of each of them in the cosmetic product expressed with reference to the maximum level authorised for each of them does not exceed 1.(3) The concentration of sodium, potassium or lithium hydroxide is expressed as weight of sodium hydroxide. In case of mixtures, the sum should not exceed the limits given in column d.


title: Directive 2009/58/EC of the European Parliament and of the Council of 13 July 2009 on the coupling device and the reverse of wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance )

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/4

      DIRECTIVE 2009/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on the coupling device and the reverse of wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 79/533/EEC of 17 May 1979 on the approximation of the laws of the Member States relating to the coupling device and the reverse of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 79/533/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 the coupling device and the reverse. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

               (3)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   For the purposes of this Directive ‘tractor’ (agricultural or forestry) means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   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 coupling device or to the reverse if these satisfy the requirements set out in Annexes I and II.
   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 3
   No Member State may refuse the registration or prohibit the sale, initial entry into service or use of tractors on grounds relating to the coupling device or to the reverse, if these satisfy the requirements set out in Annexes I and II.
   Article 4
   The amendments necessary to adapt to technical progress the requirements of Annexes I and II shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 5
   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 6
   Directive 79/533/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, 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 IV.
   Article 7
   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 8
   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 10, 15.1.2008, p. 21.

      (2)  Opinion of the European Parliament of 11 December 2007 (OJ C 323 E, 18.12.2008, p. 57) and Council Decision of 22 June 2009.

      (3)  OJ L 145, 13.6.1979, p. 20.

      (4)  See Annex III, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      ANNEX I

         COUPLING DEVICE

      1.   Number

      Every tractor must have a special device to which it must be possible to attach a connection such as a tow-bar or a tow-rope for towing purposes.
      2.   Position

      The device must be fitted to the front of the tractor, which must be equipped with a coupling pin.
      3.   Design

      The device shall be of the slotted-jaw type. The opening at the centre of the locking pin shall be 60 mm + 0,5/- 1,5 mm and the depth of the jaw measured from the centre of the pin shall be 62 mm ± 0,5 mm.
      The coupling pin must have a diameter of 30 + 1,5 mm and be fitted with a device preventing it from leaving its seating during use. The securing device must be non-detachable.
      The tolerance of + 1,5 mm referred to above should not be regarded as a manufacturing tolerance but as a permissible variation in nominal dimensions for pins of different designs.

      ANNEX II

         REVERSE

      All tractors must be equipped with a device for reversing which can be operated from the driving position.

      ANNEX III

         Part A

         Repealed Directive with list of its successive amendments

      (referred to in Article 6)

                  Council Directive 79/533/EEC
                  (OJ L 145, 13.6.1979, p. 20)

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45)

                  Only as regards the references made in Article 1(1) to Directive 79/533/EEC

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24)

                  Only as regards the references made in the first indent of Article 1 to Directive 79/533/EEC

                  Commission Directive 1999/58/EC
                  (OJ L 148, 15.6.1999, p. 37)

         Part B

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

      (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Date of application

                  79/533/EEC

                  21 November 1980

                  —

                  82/890/EEC

                  21 June 1984

                  —

                  97/54/EC

                  22 September 1998

                  23 September 1998

                  1999/58/EC

                  30 June 2000 (1)

                  —

         (1)  In compliance with Article 2 of Directive 1999/58/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 comply with the requirements of Directive 79/533/EEC, as amended by this Directive.
         2.   From 1 January 2001, Member States:

                     —

                     may no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC in respect of a type of tractor which does not meet the requirements of Directive 79/533/EEC, as amended by this Directive,

                     —

                     may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of Directive 79/533/EEC, as amended by this Directive.’

      ANNEX IV

         CORRELATION TABLE

                  Directive 79/533/EEC

                  Directive 1999/58/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Article 3

                  Article 3

                  Article 4

                  Article 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Articles 6 and 7

                  Article 6

                  Article 8

                  Annex I

                  Annex I

                  Annex II

                  Annex II

                  —

                  Annex III

                  —

                  Annex IV


title: Directive 2009/59/EC of the European Parliament and of the Council of 13 July 2009 on rear-view mirrors for wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance )

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/9

      DIRECTIVE 2009/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on rear-view mirrors for wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 74/346/EEC of 25 June 1974 on the approximation of the laws of the Member States relating to rear-view mirrors for wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 74/346/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 wheeled agricultural or forestry tractors as regards rear-view mirrors. 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 concerning the time-limits for transposition into national law and application of the Directives set out in Part B of Annex II,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   ‘Tractor’ (agricultural or forestry) means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   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 rear-view mirrors, if these satisfy the requirements set out in Annex I.
   2.   Member States may no longer issue the document referred to in Article 2(u) of Directive 2003/37/EC for any type of tractor that does not meet the requirements of this Directive.
   Member States may refuse to grant national type-approval in respect of a type of tractor that does not meet the requirements of this Directive.
   Article 3
   No Member State may refuse or prohibit the sale, registration, initial entry into service or use of tractors on grounds relating to the rear-view mirrors, if these satisfy the requirements set out in Annex I.
   Article 4
   The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 5
   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 6
   Directive 74/346/EEC, as amended by the Directives listed in Part A of Annex II, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Part B of Annex II.
   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 III.
   Article 7
   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 8
   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 256, 27.10.2007, p. 31.

      (2)  Opinion of the European Parliament of 25 September 2007 (OJ C 219 E, 28.8.2008, p. 67) and Council Decision of 22 June 2009.

      (3)  OJ L 191, 15.7.1974, p. 1.

      (4)  See Annex II, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      ANNEX I
      1.   DEFINITIONS

                  1.1.

                  ‘Rear-view mirror’ means any device intended to give, within the field of vision geometrically defined in point 2.5 below, a clear view to the rear which, within reasonable limits, is not blocked by component parts of the tractor or by the occupants of the tractor itself. The additional mirrors and rear-view mirrors designed in order to monitor the implements while working in the fields are not necessarily open to component type-approval but must be located in accordance with the setting requirements contained in points 2.3.3 to 2.3.5.

                  1.2.

                  ‘Interior rear-view mirror’ means a device as defined in point 1.1 which is fitted inside the cab or frame of a tractor.

                  1.3.

                  ‘Exterior rear-view mirror’ means a device as defined in point 1.1 which is mounted on any part of the external surface of a tractor.

                  1.4.

                  ‘Class of rear-view mirror’ means all rear-view mirrors having one or more common characteristics or functions. Interior rear-view mirrors are grouped in class I. Exterior rear-view mirrors are grouped in class II.

            2.   REQUIREMENTS FOR FITTING
      2.1.   General

                  2.1.1.

                  Tractors may be fitted with rear-view mirrors of classes I and II only bearing the EC type-approval mark laid down in Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices, amending Directive 70/156/EEC and repealing Directive 71/127/EEC (1).

                  2.1.2.

                  Rear-view mirrors must be fixed in such a way that they remain steady under normal driving conditions.

            2.2.   Number

      All tractors shall be equipped with at least one exterior rear-view mirror fitted to the left side of the tractor in Member States in which traffic drives on the right and to the right side of the tractor in Member States in which traffic drives on the left.
      2.3.   Position

                  2.3.1.

                  The exterior rear-view mirror must be so placed that the driver, when sitting on the driving seat in a normal driving position, has a clear view of that part of the road defined in point 2.5.

                  2.3.2.

                  The exterior rear-view mirror must be visible through the portion of the windscreen that is swept by the windscreen wiper or through the side windows if the tractor is fitted with them.

                  2.3.3.

                  The rear-view mirror must not protrude beyond the external bodywork of the tractor or the tractor-trailer combination substantially more than is necessary to obtain the fields of vision laid down in point 2.5.

                  2.3.4.

                  Where the bottom edge of an exterior rear-view mirror is less than 2 m above the ground when the tractor is laden, this rear-view mirror must not project more than 0,20 m beyond the overall width of the tractor or tractor-trailer combination measured without rear-view mirrors.

                  2.3.5.

                  Subject to the requirements of points 2.3.3 and 2.3.4, rear-view mirrors may project beyond the tractor’s permissible maximum width.

            2.4.   Adjustment

                  2.4.1.

                  Any interior rear-view mirror must be adjustable by the driver from his driving position.

                  2.4.2.

                  The driver must be able to adjust the exterior rear-view mirror without leaving the driving position. The mirror may, however, be locked into position from the outside.

                  2.4.3.

                  The requirements of point 2.4.2 do not apply to exterior rear-view mirrors which, after being displaced, are returned automatically to their original position or can be restored to their original position without the use of tools.

            2.5.   Fields of vision

      2.5.1.   Member States in which traffic drives on the right
      The field of vision of the left hand exterior rear-view mirror must be such that the driver can see to the rear at least that level part of the road, as far as the horizon, which is to the left of the plane parallel to the vertical longitudinal median plane and which passes through the leftmost point of the overall width of the tractor or tractor-trailer combination.
      2.5.2.   Member States in which traffic drives on the left
      The field of vision of the right hand exterior rear-view mirror must be such that the driver can see to the rear at least that level part of the road, as far as the horizon, which is to the right of the plane parallel to the vertical longitudinal median plane and which passes through the rightmost point of the overall width of the tractor or tractor-trailer combination.

         (1)  OJ L 25, 29.1.2004, p. 1.

      ANNEX II
      PART A

         Repealed Directive with list of its successive amendments

         (referred to in Article 6)

                  Council Directive 74/346/EEC
                  (OJ L 191, 15.7.1974, p. 1).

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45).

                  Only the references made by Article 1(1) to Directive 74/346/EEC

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24).

                  Only the references made by the first indent of Article 1 to Directive 74/346/EEC

                  Commission Directive 98/40/EC
                  (OJ L 171, 17.6.1998, p. 28).

            PART B

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

         (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Date of application

                  74/346/EEC

                  2 January 1976

                  —

                  82/890/EEC

                  22 June 1984

                  —

                  97/54/EC

                  22 September 1998

                  23 September 1998

                  98/40/EC

                  30 April 1999 (1)

                  —

         (1)  In conformity with Article 2 of Directive 98/40/EC:

         ‘1.   From 1 May 1999, no Member State may:

                     —

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

                     —

                     to prohibit the entry into service of tractors, if those tractors meet the requirements of Directive 74/346/EEC, as amended by this Directive.

               2.   From 1 October 1999, Member States:

                     —

                     may no longer issue the document referred to in the third indent of Article 10(1) of Directive 74/150/EEC for a type of tractor that does not meet the requirements of Directive 74/346/EEC, as amended by this Directive,

                     —

                     may refuse to grant national type-approval in respect of a type of tractor which does not meet the requirements of Directive 74/346/EEC, as amended by this Directive.’,

      ANNEX III

         Correlation Table

                  Directive 74/346/EEC

                  Directive 98/40/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Articles 3 and 4

                  Articles 3 and 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Article 6

                  —

                  Article 7

                  Article 6

                  Article 8

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III