L 261/40 Official Journal of the European Union 3.10.2009 DIRECTIVE 2009/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (codified version) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) Council Directive 79/622/EEC of 25 June 1979 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agri- cultural or forestry tractors (static testing) (}) has been substantially amended several times (*). In the interests of clarity and rationality the said Directive should be codified. (2)  Directive 79/622[EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC of 4 March 1974 on the approxi- mation 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 (°), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards their roll-over protection structure (static testing). Those technical prescriptions concern the approximation of the laws of the Member States, to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and inter- changeable towed machinery, together with their () OJ C 211, 19.8.2008, p. 17. (%) Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 22 June 2009. () OJ L 179, 17.7.1979, p. 1. (*) See Annex X, Part A. () OJ L 171, 9.7.2003, p. 1. systems, components and separate technical units, apply to this Directive. (3)  This Directive should be without prejudice to the obli- gations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex X, Part B, HAVE ADOPTED THIS DIRECTIVE: Article 1 This Directive shall apply to tractors as defined in Article 2(j) of Directive 2003/37EC, having the following characteristics: (a) clearance beneath the rear axle of not more than 1 000 mm; (b) fixed or minimum adjustable track width of one of the driving axles of 1 150 mm or more; (¢c) possibility of being fitted with a multipoint coupling device for detachable tools and a draw bar; (d) mass of 800 kg or more, corresponding to the unladen mass of the tractor as referred to in point 2.1,1 of Annex [ to Directive 2003/37/EC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer. Article 2 1. Each Member State shall grant EC component type- approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I to V. 2. A Member State which has granted EC component type- approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.