L 201/18 Official Journal of the European Union 1.8.2009 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 (), 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 (}) has been substantially amended several times (%). 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 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 driver-perceived noise level. Those technical prescriptions concern the approxi- mation of the laws of the Member States to enable the EC-type approval procedure provided for in Directive () OJ C 120, 16.5.2008, p. 15. (%) Opinion of the European Parliament of 19 February 2008 (not yet published in the Official Journal) and Council Decision of 25 June 2009. () O] L 105, 28.4.1977, p. 1. (*) See Annex IV, Part A. () OJ L 171, 9.7.2003, p. 1. 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 obli- gations 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.