Explanatory Memorandum to COM(2002)6 - EC type-approval of agricultural and forestry tractors, their trailers and interchangeable towed equipment, together with their systems, components and separate technical units

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1. ORIGIN / EXISTING LEGISLATION

This proposal makes up the second stage of rewriting Directive 74/150/EEC  i on the type-approval of agricultural and forestry tractors, with the aim, in particular, of extending its scope to cover more specific types of tractors, their trailers and interchangeable towed equipment.

Directive 74/150/EEC has been amended several times, by Directives 79/694/EEC  i, 88/297/EEC  i, 97/54/EC  i, 2000/2/EC  i, 2000/25/EC  i and 2001/3/EC  i.

2. REASONS AND OBJECTIVES

In the interests of effectiveness and greater transparency, this proposal for a directive has been prepared with a view to eliminating excess regulation and simplifying the implementation of legislation.

This proposal also aims to clarify the type-approval procedure along the lines of the framework Directive on motor vehicles (Directive 70/156/EEC, as last amended by Directive 2000/40/EC), that on two- or three-wheel motor vehicles (Directive 92/61/EEC), and to take into account the experience gained.

As there were a large number of significant amendments to Directive 74/150/EEC, and in order to ensure the text was clear, it was decided to recast the directive in two stages.

The first stage of recasting was to consolidate the amended Directive 70/156/EEC. This was achieved after a vote by the Regulatory Committee that led to the adoption of a directive by the Commission. This proposal makes up the second stage of the recasting. This proposal essentially concerns the enacting terms, which have been completely redrafted, as have the new Annexes IV to VIII. The Commission wishes to emphasise that Annexes I to III were recently extensively amended by Directive 2001/3/EC, and that only the underlined parts of these annexes are affected by this proposal for recasting.

3. LEGAL BASES

This proposal for revision of the agricultural or forestry tractors framework Directive is based on Article 95 of the EC Treaty, which sets out the principles relating to the establishment of the Single Market. It will facilitate the strengthening and the completion of the Single Market by covering new types of tractors. This proposal is also relevant to the countries of the European Economic Area (EEA), as they make extensive use of agricultural machinery.

4. IMPORTANCE OF THE SECTOR COVERED BY THE DIRECTIVE

This sector has a European turnover of approximately EUR 16 billion and directly employs 140 000 generally highly-skilled individuals in 5 000 companies. It indirectly creates 150 000 jobs in distribution and sales.

Intra-Community trade makes up 40 % of the market, while exports outside the European Union make up 26 %.

The trend seems to be towards gradual growth in production over the long term, with increased trade both within the Community and with external partners (mainly the USA and Central Europe).

5. CONTENT OF THE DIRECTIVE

This new text is strongly in favour of total, Community-wide harmonisation, the goal being the replacement of national type-approval with European type-approval. Up to now, national type-approval has co-existed with EC type-approval, and the manufacturer was free to choose which system to use. This proposal also extends EC type-approval to systems, components and separate technical units, in accordance with the corresponding separate directives. It also recognises certain international regulations as an alternative, for example, those of the United Nations Economic Commission for Europe and of the Organisation for Economic Co-operation and Development.

The proposal establishes a procedure for exempting from Community requirements vehicles, systems, components and separate technical units which - owing to their design - do not meet the requirements of the directives concerned, but which offer at least equivalent guarantees as regards safety and environmental protection.

It sets up a safeguard-clause procedure for discrepancies during checks on the conformity of production.

This text also specifies that an information document and a type-approval report designed to enable EC type-approval to be computerised are to be annexed to each separate directive.

6. CONCLUSION

The Commission feels that the proposed directive will help to simplify and expedite the administrative tasks which manufacturers must complete in order to be able to market their products. It will eliminate the need to produce technical variants in order to meet diverging national requirements and to submit new types of vehicles to a Community type-approval procedure in a single Member State. Once type-approval has been obtained, it will be accepted in all Member States.