title: Directive 2006/12/EC of the European Parliament and of the Council of  5 April 2006  on waste   (Text with EEA relevance)

text:
               27.4.2006

               EN

               Official Journal of the European Union

               L 114/9

      DIRECTIVE 2006/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 5 April 2006
   on waste
   (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 175 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 75/442/EEC of 15 July 1975 on waste (3) has been significantly amended on several occasions (4). In order to clarify matters, a codification of the provisions in question should be drawn up.

               (2)

               The essential objective of all provisions relating to waste management should be the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste.

               (3)

               Common terminology and a definition of waste are needed in order to improve the efficiency of waste management in the Community.

               (4)

               Effective and consistent rules on waste disposal and recovery should be applied, subject to certain exceptions, to movable property which the holder discards or intends or is required to discard.

               (5)

               The recovery of waste and the use of recovered materials as raw materials should be encouraged in order to conserve natural resources. It may be necessary to adopt specific rules for re‐usable waste.

               (6)

               In order to achieve a high level of environmental protection, Member States should, in addition to taking responsible action to ensure the disposal and recovery of waste, take measures to restrict the production of waste particularly by promoting clean technologies and products which can be recycled and re‐used, taking into consideration existing or potential market opportunities for recovered waste.

               (7)

               Moreover, discrepancies between Member States’ legislation with regard to waste disposal and recovery may affect the quality of the environment and the smooth operation of the internal market.

               (8)

               It is important for the Community as a whole to become self‐sufficient in waste disposal and desirable for Member States individually to aim at such self‐sufficiency.

               (9)

               In order to achieve those objectives, waste management plans should be drawn up in the Member States.

               (10)

               Movements of waste should be reduced and Member States may take the necessary measures to that end in their management plans.

               (11)

               To ensure a high level of protection and effective control, it is necessary to provide for authorisation and inspection of undertakings which carry out waste disposal and recovery.

               (12)

               Subject to certain conditions, and provided that they comply with environmental protection requirements, some establishments which process their waste themselves or carry out waste recovery may be exempted from permit requirements. Such establishments should be subject to registration.

               (13)

               In order that waste can be monitored from its production to its final disposal, other undertakings involved with waste, such as waste collectors, carriers and brokers should also be subject to authorisation or registration and appropriate inspection.

               (14)

               That proportion of the costs not covered by the proceeds of treating the waste must be defrayed in accordance with the ‘polluter pays’ principle.

               (15)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

               (16)

               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 listed in Part B of Annex III,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   For the purposes of this Directive:

               (a)

               ‘waste’ shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard;

               (b)

               ‘producer’ shall mean anyone whose activities produce waste (‘original producer’) and/or anyone who carries out pre‐processing, mixing or other operations resulting in a change in the nature or composition of this waste;

               (c)

               ‘holder’ shall mean the producer of the waste or the natural or legal person who is in possession of it;

               (d)

               ‘management’ shall mean the collection, transport, recovery and disposal of waste, including the supervision of such operations and after‐care of disposal sites;

               (e)

               ‘disposal’ shall mean any of the operations provided for in Annex II A;

               (f)

               ‘recovery’ shall mean any of the operations provided for in Annex II B;

               (g)

               ‘collection’ shall mean the gathering, sorting and/or mixing of waste for the purpose of transport.

         2.   For the purposes of paragraph 1, point (a), the Commission, acting in accordance with the procedure referred to in Article 18(3), shall draw up a list of waste belonging to the categories listed in Annex I. This list shall be periodically reviewed and, if necessary, revised in accordance with the same procedure.
   Article 2
   1.   The following shall be excluded from the scope of this Directive:

               (a)

               gaseous effluents emitted into the atmosphere;

               (b)

               where they are already covered by other legislation:

                           (i)

                           radioactive waste;

                           (ii)

                           waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;

                           (iii)

                           animal carcases and the following agricultural waste: faecal matter and other natural, non‐dangerous substances used in farming;

                           (iv)

                           waste waters, with the exception of waste in liquid form;

                           (v)

                           decommissioned explosives.

         2.   Specific rules for particular instances, or supplementing those of this Directive, on the management of particular categories of waste, may be laid down by means of individual Directives.
   Article 3
   1.   Member States shall take appropriate measures to encourage:

               (a)

               first, the prevention or reduction of waste production and its harmfulness, in particular by:

                           (i)

                           the development of clean technologies more sparing in their use of natural resources;

                           (ii)

                           the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or disposal, to increasing the amount or harmfulness of waste and pollution hazards;

                           (iii)

                           the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery;

               (b)

               second:

                           (i)

                           the recovery of waste by means of recycling, re‐use or reclamation or any other process with a view to extracting secondary raw materials; or

                           (ii)

                           the use of waste as a source of energy.

         2.   Except where Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (6) applies, Member States shall inform the Commission of any measures they intend to take to achieve the aims set out in paragraph 1. The Commission shall inform the other Member States and the Committee referred to in Article 18(1) of such measures.
   Article 4
   1.   Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:

               (a)

               without risk to water, air or soil, or to plants or animals;

               (b)

               without causing a nuisance through noise or odours;

               (c)

               without adversely affecting the countryside or places of special interest.

         2.   Member States shall take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste.
   Article 5
   1.   Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of disposal installations, taking account of the best available technology not involving excessive costs. The network must enable the Community as a whole to become self‐sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste.
   2.   The network referred to in paragraph 1 must enable waste to be disposed of in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.
   Article 6
   Member States shall establish or designate the competent authority or authorities to be responsible for implementing this Directive.
   Article 7
   1.   In order to attain the objectives referred to in Articles 3, 4 and 5, the competent authority or authorities referred to in Article 6 shall be required to draw up as soon as possible one or more waste management plans. Such plans shall relate in particular to:

               (a)

               the type, quantity and origin of waste to be recovered or disposed of;

               (b)

               general technical requirements;

               (c)

               any special arrangements for particular wastes;

               (d)

               suitable disposal sites or installations.

         2.   The plans referred to in paragraph 1 may, for example, cover:

               (a)

               the natural or legal persons empowered to carry out waste management;

               (b)

               the estimated costs of the recovery and disposal operations;

               (c)

               appropriate measures to encourage rationalisation of the collection, sorting and treatment of waste.

         3.   Member States shall cooperate as appropriate with the other Member States and the Commission to draw up such plans. They shall notify Commission of them.
   4.   Member States may take the measures necessary to prevent movements of waste which do not comply with their waste management plans. They shall inform the Commission and the Member States of any such measures.
   Article 8
   Member States shall take the necessary measures to ensure that any holder of waste:

               (a)

               has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or II B; or

               (b)

               recovers or disposes of it himself in accordance with the provisions of this Directive.

         Article 9
   1.   For the purposes of implementing Articles 4, 5 and 7, any establishment or undertaking which carries out the operations specified in Annex II A shall obtain a permit from the competent authority referred to in Article 6.
   Such permit shall cover:

               (a)

               the types and quantities of waste;

               (b)

               the technical requirements;

               (c)

               the safety precautions to be taken;

               (d)

               the disposal site;

               (e)

               the treatment method.

         2.   Permits may be granted for a specified period, they may be renewable, they may be subject to conditions and obligations, or, notably, if the intended method of disposal is unacceptable from the point of view of environmental protection, they may be refused.
   Article 10
   For the purposes of applying Article 4, any establishment or undertaking which carries out the operations referred to in Annex II B shall obtain a permit.
   Article 11
   1.   Without prejudice to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (7), the following may be exempted from the permit requirement laid down in Article 9 or Article 10:

               (a)

               establishments or undertakings carrying out their own waste disposal at the place of production; and

               (b)

               establishments or undertakings that carry out waste recovery.

         2.   The exemption referred to in paragraph 1 may apply only:

               (a)

               if the competent authorities have adopted general rules for each type of activity, laying down the types and quantities of waste and the conditions under which the activity in question may be exempted from the permit requirement; and

               (b)

               if the types or quantities of waste and methods of disposal or recovery are such that the conditions laid down in Article 4 are complied with.

         3.   The establishments or undertakings referred to in paragraph 1 shall be registered with the competent authorities.
   4.   Member States shall inform the Commission of the general rules adopted pursuant to paragraph 2, point (a).
   Article 12
   Establishments or undertakings which collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste on behalf of others (dealers or brokers) shall, where they are not subject to authorisation, be registered with the competent authorities.
   Article 13
   Establishments or undertakings which carry out the operations referred to in Articles 9 to 12 shall be subject to appropriate periodic inspections by the competent authorities.
   Article 14
   1.   All establishments or undertakings referred to in Articles 9 and 10 shall:

               (a)

               keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method in respect of the waste referred to in Annex I and the operations referred to in Annex II A or II B;

               (b)

               make this information available, on request, to the competent authorities referred to in Article 6.

         2.   Member States may also require producers to comply with the provisions of paragraph 1.
   Article 15
   In accordance with the ‘polluter pays’ principle, the cost of disposing of waste must be borne by:

               (a)

               the holder who has waste handled by a waste collector or by an undertaking as referred to in Article 9; and/or

               (b)

               the previous holders or the producer of the product from which the waste came.

         Article 16
   At intervals of three years Member States shall send information to the Commission on the implementation of this Directive, in the form of a sectoral report which shall also cover other pertinent Community Directives. The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure referred to in Article 18(2). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be made to the Commission within nine months of the end of the three‐year period covered by it.
   The Commission shall publish a Community report on the implementation of the Directive within nine months of receiving the reports from the Member States.
   Article 17
   The amendments necessary for adapting the Annexes to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 18(3).
   Article 18
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   4.   The Committee shall adopt its rules of procedure.
   Article 19
   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 20
   Directive 75/442/EEC is hereby repealed, without prejudice to Member States' obligations relating to the time‐limits for transposition into national law set out in Annex III, Part B.
   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 IV.
   Article 21
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 22
   This Directive is addressed to the Member States.

      Done at Strasbourg, 5 April 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         H. WINKLER

      (1)  OJ C 112, 30.4.2004, p. 46.

      (2)  Opinion of the European Parliament of 9 March 2004 (OJ C 102 E, 28.4.2004, p. 106) and Council Decision of 30 January 2006.

      (3)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (4)  See Part A of Annex III.

      (5)  OJ L 184, 17.7.1999, p. 23.

      (6)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession.

      (7)  OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

      ANNEX I
      CATEGORIES OF WASTE

                  Q1

                  Production or consumption residues not otherwise specified below

                  Q2

                  Off-specification products

                  Q3

                  Products whose date for appropriate use has expired

                  Q4

                  Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc., contaminated as a result of the mishap

                  Q5

                  Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.)

                  Q6

                  Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)

                  Q7

                  Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.)

                  Q8

                  Residues of industrial processes (e.g. slags, still bottoms, etc.)

                  Q9

                  Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.)

                  Q10

                  Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)

                  Q11

                  Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.)

                  Q12

                  Adulterated materials (e.g. oils contaminated with PCBs, etc.)

                  Q13

                  Any materials, substances or products the use of which has been banned by law

                  Q14

                  Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.)

                  Q15

                  Contaminated materials, substances or products resulting from remedial action with respect to land

                  Q16

                  Any materials, substances or products which are not contained in the abovementioned categories.

      ANNEX II A
      DISPOSAL OPERATIONS

         NB: This Annex is intended to list disposal operations such as they occur in practice. In accordance with Article 4, waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.

                  D 1

                  Deposit into or on to land (e.g. landfill, etc.)

                  D 2

                  Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)

                  D 3

                  Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.)

                  D 4

                  Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.)

                  D 5

                  Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.

                  D 6

                  Release into a water body except seas/oceans

                  D 7

                  Release into seas/oceans including sea‐bed insertion

                  D 8

                  Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 7 and D 9 to D 12

                  D 9

                  Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 8 and D 10 to D 12 (e.g. evaporation, drying, calcination, etc.)

                  D 10

                  Incineration on land

                  D 11

                  Incineration at sea

                  D 12

                  Permanent storage (e.g. emplacement of containers in a mine, etc.)

                  D 13

                  Blending or mixing prior to submission to any of the operations numbered D 1 to D 12

                  D 14

                  Repackaging prior to submission to any of the operations numbered D 1 to D 13

                  D 15

                  Storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage, pending collection, on the site where it is produced)

      ANNEX II B
      RECOVERY OPERATIONS

         NB: This Annex is intended to list recovery operations as they occur in practice. In accordance with Article 4, waste must be recovered without endangering human health and without the use of processes or methods likely to harm the environment.

                  R 1

                  Use principally as a fuel or other means to generate energy

                  R 2

                  Solvent reclamation/regeneration

                  R 3

                  Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes)

                  R 4

                  Recycling/reclamation of metals and metal compounds

                  R 5

                  Recycling/reclamation of other inorganic materials

                  R 6

                  Regeneration of acids or bases

                  R 7

                  Recovery of components used for pollution abatement

                  R 8

                  Recovery of components from catalysts

                  R 9

                  Oil re-refining or other reuses of oil

                  R 10

                  Land treatment resulting in benefit to agriculture or ecological improvement

                  R 11

                  Use of wastes obtained from any of the operations numbered R 1 to R 10

                  R 12

                  Exchange of wastes for submission to any of the operations numbered R 1 to R 11

                  R 13

                  Storage of wastes pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending collection, on the site where it is produced)

      ANNEX III
      PART A
      REPEALED DIRECTIVE WITH ITS SUCCESSIVE AMENDMENTS

         (referred to in Article 20)

                  Council Directive 75/442/EEC (OJ L 194, 25.7.1975, p. 39)

                  Council Directive 91/156/EEC (OJ L 78, 26.3.1991, p. 32)

                  Council Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48)

                  only as regards the reference to Directive 75/442/EEC in Annex VI

                  Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32)

                  Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1)

                  Annex III, point 1 only

            PART B
      LIST OF TIME-LIMITS FOR TRANSPOSITION INTO NATIONAL LAW

         (referred to in Article 20)

                  Directive

                  Time-limit for transposition

                  75/442/EEC

                  17 July 1977

                  91/156/EEC

                  1 April 1993

                  91/692/EEC

                  1 January 1995

      ANNEX IV
      CORRELATION TABLE

                  Directive 75/442/EEC

                  This Directive

                  Article 1, introductory words

                  Article 1(1) introductory words

                  Article 1(a) first subparagraph

                  Article 1(1)(a)

                  Article 1(a) second subparagraph

                  Article 1(2)

                  Article 1(b) — (g)

                  Article 1(1)(b) — (g)

                  Article 2

                  Article 2

                  Article 3(1) introductory words

                  Article 3(1) introductory words

                  Article 3(1)(a) introductory words

                  Article 3(1)(a) introductory words

                  Article 3(1)(a) first indent

                  Article 3(1)(a)(i)

                  Article 3(1)(a) second indent

                  Article 3(1)(a)(ii)

                  Article 3(1)(a) third indent

                  Article 3(1)(a)(iii)

                  Article 3(1)(b), introductory words

                  Article 3(1)(b) introductory words

                  Article 3(1)(b) first indent

                  Article 3(1)(b)(i)

                  Article 3(1)(b) second indent

                  Article 3(1)(b)(ii)

                  Article 3(2)

                  Article 3(2)

                  Article 4, first paragraph, introductory words

                  Article 4(1), introductory words

                  Article 4, first paragraph, first indent

                  Article 4(1)(a)

                  Article 4, first paragraph, second indent

                  Article 4(1)(b)

                  Article 4, first paragraph, third indent

                  Article 4(1)(c)

                  Article 4, second paragraph

                  Article 4(2)

                  Article 5

                  Article 5

                  Article 6

                  Article 6

                  Article 7(1), first subparagraph, introductory words

                  Article 7(1), introductory words

                  Article 7(1), first subparagraph, first indent

                  Article 7(1)(a)

                  Article 7(1), first subparagraph, second indent

                  Article 7(1)(b)

                  Article 7(1), first subparagraph, third indent

                  Article 7(1)(c)

                  Article 7(1), first subparagraph, fourth indent

                  Article 7(1)(d)

                  Article 7(1), second subparagraph, introductory words

                  Article 7(2), introductory words

                  Article 7(1), second subparagraph, first indent

                  Article 7(2)(a)

                  Article 7(1), second subparagraph, second indent

                  Article 7(2)(b)

                  Article 7(1), second subparagraph, third indent

                  Article 7(2)(c)

                  Article 7(2)

                  Article 7(3)

                  Article 7(3)

                  Article 7(4)

                  Article 8, introductory words

                  Article 8, introductory words

                  Article 8, first indent

                  Article 8(a)

                  Article 8, second indent

                  Article 8(b)

                  Article 9(1), first subparagraph

                  Article 9(1), first subparagraph

                  Article 9(1), second subparagraph, introductory words

                  Article 9(1), second subparagraph, introductory words

                  Article 9(1), second subparagraph, first indent

                  Article 9(1), second subparagraph, (a)

                  Article 9(1), second subparagraph, second indent

                  Article 9(1), second subparagraph, (b)

                  Article 9(1), second subparagraph, third indent

                  Article 9(1), second subparagraph, (c)

                  Article 9(1), second subparagraph, fourth indent

                  Article 9(1), second subparagraph, (d)

                  Article 9(1), second subparagraph, fifth indent

                  Article 9(1), second subparagraph, (e)

                  Article 9(2)

                  Article 9(2)

                  Article 10

                  Article 10

                  Article 11(1), first subparagraph

                  Article 11(1)

                  Article 11(1), second subparagraph, introductory words

                  Article 11(2), introductory words

                  Article 11(1), second subparagraph, first indent

                  Article 11(2)(a)

                  Article 11(1), second subparagraph, second indent

                  Article 11(2)(b)

                  Article 11(2)

                  Article 11(3)

                  Article 11(3)

                  Article 11(4)

                  Article 12

                  Article 12

                  Article 13

                  Article 13

                  Article 14, first paragraph, introductory words

                  Article 14(1), introductory words

                  Article 14, first paragraph, first indent

                  Article 14(1)(a)

                  Article 14, first paragraph, second indent

                  Article 14(1)(b)

                  Article 14, second subparagraph

                  Article 14(2)

                  Article 15, introductory words

                  Article 15, introductory words

                  Article 15, first indent

                  Article 15(a)

                  Article 15, second indent

                  Article 15(b)

                  Article 16, first paragraph

                  Article 16, first paragraph and Article 18(2)

                  Article 16, second paragraph

                  ___

                  Article 16, third paragraph

                  Article 16, second paragraph

                  Article 17

                  Article 17

                  Article 18(1)

                  Article 18(1)

                  Article 18(2)

                  Article 18(3)

                  Article 18(3)

                  Article 18(4)

                  Article 19

                  ___

                  Article 20

                  Article 19

                  ___

                  Article 20

                  ___

                  Article 21

                  Article 21

                  Article 22

                  Annex I

                  Annex I

                  Annex II A

                  Annex II A

                  Annex II B

                  Annex II B

                  ___

                  Annex III

                  ___

                  Annex IV


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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)

Official Journal L 179 , 17/07/1979 P. 0001 - 0030 Finnish special edition: Chapter 13 Volume 10 P. 0010  Greek special edition: Chapter 13 Volume 8 P. 0147  Swedish special edition: Chapter 13 Volume 10 P. 0010  Spanish special edition: Chapter 13 Volume 10 P. 0108  Portuguese special edition Chapter 13 Volume 10 P. 0108

COUNCIL DIRECTIVE  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)  (79/622/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 roll-over protection structures and to their attachment to the tractor;  Whereas those 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 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 (3) to be introduced in respect of each type of tractor;  Whereas a harmonized component type-approval procedure for roll-over protection structures and their attachment to the tractor makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending them copies of the component type-approval certificate completed for each type of roll-over protection structure and its attachment to the tractor ; whereas the placing of an EEC component type-approval mark on all structures manufactured in conformity with the approved type obviates any need for technical checks on those structures in the other Member States;  Whereas common requirements concerning other elements and characteristics of the roll-over protection structure, in particular those concerning the dimensions, doors, safety glass, devices to prevent continuous rolling if the tractor overturns, and protection of passengers, will be laid down at a later date;  Whereas the harmonized requirements are intended principally to ensure safety on the road and at work throughout the Community ; whereas for this reason it is necessary to introduce the obligation for tractors covered by this Directive to be fitted with roll-over protection structures ; whereas until a date to be determined, the tractors referred to in Council Directive 77/536/EEC of 28 June 1977 on the approximation of  (1)OJ No C 296, 11.12.1978, p. 69. (2)OJ No C 128, 21.5.1979, p. 18. (3)OJ No L 84, 28.3.1974, p. 10.   the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors (1) should be able to be fitted with roll-over protection structures complying either with Directive 77/536/EEC or with this Directive;  Whereas the approximation of the national laws relating to tractors entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Each Member State shall grant EEC 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 EEC 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 2 Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 1, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorized representative, an EEC 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 1 and other devices.   Article 3 1. 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 EEC component type-approval mark.  2. Nevertheless, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EEC component type-approval mark which consistently fail to conform to the approved type.  That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.   Article 4 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 type-approval certificates, an example of which is given in Annex VII, completed for each type of roll-over protection structure which they approve or refuse to approve.   Article 5 1. If the Member State which has granted EEC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EEC 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 State shall advise those of the other Member States of the measures taken which may, if necessary, where there is serious and repeated failure to conform, extend to withdrawal of EEC component type-approval. The said 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 EEC component type-approval and of the reasons for any such measure.   Article 6 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based. Such 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 7 No Member State may refuse to grant EEC type-approval or national type-approval in respect of a  (1)OJ No L 220, 29.8.1977, p. 1.   tractor on grounds relating to the roll-over protection structure or its tractor attachment if these bear the EEC component type-approval mark and if the requirements laid down in Annex VIII have been satisfied.   Article 8 No Member State may refuse or prohibit the sale, registration, entry into service or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EEC component type-approval mark and if the requirements laid down in Annex VIII have been met.   Article 9 This Directive shall apply to tractors as defined in Article 1 of Directive 74/150/EEC having the following characteristics:    - clearance beneath the rear axle of not more than 1 000 mm,       - fixed or minimum adjustable track width of one of the driving axles of 1 150 mm or more,       - possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar,       - mass of 800 kg or more, corresponding to the unladen weight of the tractor as defined in section 2.4 of Annex I to Directive 74/150/EEC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.          Article 10 For the purposes of EEC type-approval, any tractor to which Article 9 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 9 of Directive 77/536/EEC may, for the purposes of EEC type-approval, be fitted with a roll-over protection structure which satisfies the requirements laid down in Annexes I to IV to that Directive.   Article 11 Any amendments necessary to adapt the requirements of the Annexes to this Directive to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 12 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 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 13 This Directive is addressed to the Member States.     Done at Luxembourg, 25 June 1979.  For the Council  The President  J. LE THEULE     LIST OF ANNEXES >PIC FILE= "T9001075"> ANNEX I CONDITIONS FOR EEC 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 1.1 are characterized 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 section 1.           2.2. This condition is considered to be fulfilled if the     requirements of Annexes II and III are complied with.                  3. APPLICATION FOR EEC COMPONENT TYPE-APPROVAL      3.1. The application for EEC 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 his authorized representatives.           3.2. The application for EEC 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 EEC component type-approval may request     its extension to other tractor types. The competent authority which has granted the original EEC     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     section 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 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 section 4     have been fulfilled.                          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 section 2.4 of     Annex I to Council Directive 74/150/EEC (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 specialized 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 : ± 2º,                   - during test, under load : 10º above and 20º below the     horizontal. These variations should 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, 1.2)  For tractors with at least 50 % of the mass as defined in section     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, 1.5),                           - at the front in case 2 (Annex III, 1.6),                                                  3.1.1.1.3. Loading from the side (Annex III, 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, 1.6),                           - at the rear in case 2 (Annex III, 1.5).                                                  3.1.1.1.5. Second longitudinal loading (Annex III, 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 section 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 and 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 will     be on the side most likely to lead to infringement of the zone of clearance during the tests     (see also Annex III, 1.3).                                 4. ACCEPTANCE CONDITIONS      4.1. A protection structure submitted for EEC component     type-approval shall be considered as having satisfied the strength requirements if after the tests it     fulfils the following conditions:        4.1.1. It shall be free from cracks and tears as described     in section 3.1 of Annex III.               4.1.2. No part of the zone of clearance as described in     section 3.2 of Annex III has been entered by - or has been outside the protection of the protection structure     during the tests specified in sections 1.2, 1.3, 1.5, 1.6 and when appropriate 1.7 of Annex     III.   If an overload test has been carried out, then, at the stage of     that test when the specified energy is absorbed, the force shall not be less than 0 78 of the     maximum force occurring during both the main test and the overload test concerned (see     figures 4b and 4c of Annex IV).               4.1.3. During the tests the protection structure must not     impose any constraint on the seat structure.                          4.2. In addition there shall be no other feature presenting a     particular hazard to the driver e.g. 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 EEC 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 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 EEC or other approval marking incorporated.                          5.2. If EEC component type-approval is being extended for     other tractor types, the report must include the exact reference of the report of the original EEC     component type-approval as well as precise indications regarding the requirements laid down     in section 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 section 1.3.  D = deflection (mm) of structure at the point of and in line with     the load application.  F = static load force (N) (newtons).  Fmax = maximum static load force occurring during loading, (N)     with the exception of the overload.  F' = loading force corresponding to E'i (N).  F-D = force-deflection diagram.  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 additional     longitudinal loading (J).  Fr = applied force at rear in the crushing test (N).  Ff = applied force at front in the crushing test (N).  Ei = strain energy absorbed by the frame. Area under F-D curve     (see figure 4a of Annex IV) (J).  E'i = strain energy absorbed by the frame after additional     loading following a crack or tear (see figures 4b and 4c of Annex IV) (J).  Ea = strain energy absorbed by the frame at point when load is     removed. Area contained within F-D curve (see figure 4b of Annex IV) (J).  E''i = strain energy absorbed by frame in overload test. Area     under F-D curve. (see figure 4c of Annex IV) (J).           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 section 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, 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, e.g. 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 section 2.1.2.5 of Annex II must be complied with. The     application of a load must, however, comply with the requirements of section 1.1.1 above and     section 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 utilized 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 1.4 below shall be carried out before proceeding to the next     loading in the sequence given in section 3.1.1.1 of Annex II.                          1.2. Longitudinal loading (see figure 2 of Annex IV)  Load application shall be horizontal parallel to the vertical     median plane of the tractor.  It shall be applied on the same side of the tractor as the side     load.  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 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 more     than this minimum.  The longitudinal loading is applied from the rear or front as     defined in section 3.1.1.1 of Annex II.  Stop the test whenever:        (a) the strain energy absorbed by the protection structure     is equal to or greater than the required energy input Eil1 (where Eil1 = 1 74 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 90º 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 as defined in section 2.3.1 below. 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.  The beam shall be as long as practicable, but no more than 700 mm     in length.  Stop the test whenever:        (a) the strain energy absorbed by the protection structure     is equal to or greater than the required energy input Eis (where Eis = 1 775 mt) ; or               (b) the structure infringes the zone of clearance or leaves     the zone of clearance unprotected.                         1.4. Overload test  An overload test shall be carried out following a crack or tear     occurring during a horizontal loading test carried out in accordance with sections 1.2 and 1.3     but not section 1.7.  This requirement does not arise in respect of cracks and tears     not detrimental to the structural integrity of the protection structure, e.g. in a     cladding panel. An increase in length of an existing crack or tear, as well as a new crack or tear     commencing, shall constitute a crack or tear occurring during a test.  The energy requirement for an overload test shall in each case be     proportional to that for the preceding test as specified below.  Stop the test when:  E'i = 1 720 Ei where:  Ei is Eil1 when the overload follows a longitudinal loading and  Ei is Eis when the overload follows a side loading.  E'i is measured as the sum of the area contained within the     force/deflection diagram of the original loading up to the point where the load is removed (Ea),     and the total area under the force/deflection diagram of the overload test (E''i) (see figure     4c of Annex IV).  At the point where E'i is absorbed the force F' shall be not less     than 0 78 Fmax.  Additional cracks or tears and/or entry into or lack of     protection of the zone of clearance due to elastic deflection are permitted during the overload test.           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.  Stop the test 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.  Stop the test if the structure infriges 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 section 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 section 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.  Stop the test whenever:        (a) the strain energy absorbed by the structure is equal to     or greater than the required energy input Eil2 (where Eil2 = 0 735 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 section 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 should 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     plane 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 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 plane 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 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     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.                          2.3. Seat location and seat reference point        2.3.1. For the purpose of defining the zone of clearance in     section 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 should 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. Cracks and tears  All structural members, joints, attaching brackets and parts of     the tractor which transmit the loading force shall be free from cracks and tears detectable by     visual inspection except in the following cases in which they are permitted:        3.1.1. if they are not detrimental to the structural     integrity of the protection structure, e.g. in a cladding panel or in a spot or tack weld used for the attachment     of cladding panels;               3.1.2. if they occur in the last crushing test (described     in section 1.5);               3.1.3. if an overload test in satisfactorily carried out     following their occurrence;               3.1.4. if they occur in an overload test.                           3.2. 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 section 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.           3.3. 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 side loading.  Figure 2. Point of application of longitudinal loading.  Figure 3. Example of an arrangement for crushing test.  Figure 4a. Normal loading (energy absorbed Ei).  Figure 4b. Normal loading (as figure 4a).  Figure 4c. Overload test.  Figure 5. Illustration of the terms permanent, elastic 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.   >PIC FILE= "T0015027">    >PIC FILE= "T0015028">    >PIC FILE= "T0015029">   >PIC FILE= "T0015030">    >PIC FILE= "T0015031">    >PIC FILE= "T0015032">     ANNEX V MODEL  REPORT RELATING TO THE EEC COMPONENT TYPE-APPROVAL TEST OF A     PROTECTION STRUCTURE (SAFETY FRAME OR CAB) WITH REGARD TO ITS STRENGTH AS     WELL AS TO THE STRENGTH OF ITS ATTACHMENT TO THE TRACTOR  (Static testing) >PIC FILE= "T0015033">    >PIC FILE= "T0015034">    >PIC FILE= "T0015035">    >PIC FILE= "T0015036">     ANNEX VI MARKS  The EEC component type-approval mark shall consist of a rectangle     surrounding the lowercase letter "e" followed by the distinguishing letter(s) or 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,  6 for Belgium,  11 for the United Kingdom,  13 for Luxembourg,  18 for Denmark,  IRL for Ireland.  It must also include in the vicinity of the rectangle the EEC     component type-approval number which corresponds to the number of the EEC 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 EEC component type-approval mark  The EEC component type-approval mark shall be supplemented by an     additional symbol "S" >PIC FILE= "T0015037">     ANNEX VII MODEL  EEC COMPONENT TYPE-APPROVAL CERTIFICATE  >PIC FILE= "T0015038">     ANNEX VIII CONDITIONS FOR EEC TYPE-APPROVAL     1. The application for EEC 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 authorized 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 EEC     component type-approval was granted.       4. The holder of the EEC 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 EEC component type-approval;           5.2. it is designed to be mounted on the type of tractor for     which the extension of the EEC type-approval is requested;           5.3. the attachment of the protection structure to the     tractor corresponds to that which was tested when EEC component type-approval was granted.                  6. A certificate, of which a model is shown in Annex IX, shall     be annexed to the EEC type-approval certificate for each type-approval or type-approval extension     which has been granted or refused.       7. If the application for EEC type-approval for a type of     tractor is introduced at the same time as the request for EEC component type-approval for a type of protection     structure intended to be mounted on the type of tractor for which EEC type-approval is     requested, the checks laid down in 2 and 3 will not be made.          ANNEX IX MODEL >PIC FILE= "T0015039">